Privacy Act of 1974; Report of New System, 2637-2641 [05-836]
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Federal Register / Vol. 70, No. 10 / Friday, January 14, 2005 / Notices
Research at Department of Energy (DOE)
Sites: Savannah River Site Health Effects
Subcommittee (SRSHES).
Time and Date: 8 a.m.–12:30 p.m., January
25, 2005.
Place: Augusta Towers Hotel & Convention
Center, 2651, Perimeter Parkway, Augusta,
GA 30909, telephone 706–855–8100, fax
706–860–7334.
Status: Open to the public, limited only by
the space available. The meeting room
accommodates approximately 50 people.
Background: Under a Memorandum of
Understanding (MOU) signed in December
1990 with DOE, and replaced by MOUs
signed in 1996 and 2000, the Department of
Health and Human Services (HHS) was given
the responsibility and resources for
conducting analytic epidemiologic
investigations of residents of communities in
the vicinity of DOE facilities, workers at DOE
facilities, and other persons potentially
exposed to radiation or to potential hazards
from non-nuclear energy production use.
HHS delegated program responsibility to
CDC.
In addition, a memo was signed in October
1990 and renewed in November 1992, 1996,
and in 2000, between ATSDR and DOE. The
MOU delineates the responsibilities and
procedures for ATSDR’s public health
activities at DOE sites required under
sections 104, 105, 107, and 120 of the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA or
‘‘Superfund’’). These activities include health
consultations and public health assessments
at DOE sites listed on, or proposed for, the
Superfund National Priorities List and at
sites that are the subject of petitions from the
public; and other health-related activities
such as epidemiologic studies, health
surveillance, exposure and disease registries,
health education, substance-specific applied
research, emergency response, and
preparation of toxicological profiles.
Purpose: This subcommittee is charged
with providing advice and recommendations
to the Director of CDC and the Administrator
of ATSDR pertaining to CDC’s and ATSDR’s
public health activities and research at this
DOE site. The purpose of this meeting is to
provide a forum for community, American
Indian Tribal, and labor interaction, and to
serve as a vehicle for communities, American
Indian Tribes, and labor to express concerns
and provide advice and recommendations to
CDC and ATSDR.
Matters To Be Discussed: Agenda items
include a presentation on Radiation
Epidemiology from the National Center for
Environmental Health (NCEH), CDC, and a
Subcommittee discussion on the Advanced
Technologies and Laboratories International,
Inc., final report.
Agenda items are subject to change as
priorities dictate.
Inability to confirm attendance of quorum
prevented publication 15 days prior to the
meeting.
Mr.
Phillip Green, Executive Secretary,
SRSHES, Radiation Studies Branch,
Division of Environmental Hazards and
Health Effects, National Center for
FOR FURTHER INFORMATION CONTACT:
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Environmental Health, CDC, 1600
Clifton Road, NE. (E–39), Atlanta,
Georgia 30333, telephone (404) 498–
1800, fax (404) 498–1811.
The Director, Management Analysis
and Services Office, has been delegated
the authority to sign Federal Register
notices pertaining to announcements of
meetings and other committee
management activities for both CDC and
ATSDR.
Dated: January 10, 2004.
Alvin Hall,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention (CDC).
[FR Doc. 05–784 Filed 1–13–05; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Privacy Act of 1974; Report of New
System
Department of Health and
Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of New System of
Records (SOR).
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
we are proposing to establish a new
system of records, called the ‘‘Cytology
Personnel Record System (CYPERS),
HHS/CMS/CMSO, 09–70–0543.’’ The
primary purpose of CYPERS is to assure
CMS of the accuracy and reliability of
gynecologic cytology testing by
compliance with the CLIA statutory
requirements. This will be
accomplished by tracking and
monitoring the enrollment,
participation, and performance of
individual cytotechnologists and
physicians participating in CMS
approved gynecologic cytology
proficiency testing programs.
Information retrieved from this
system of records will be used to
support regulatory, reimbursement, and
policy functions performed within the
agency or by a contractor or consultant;
support constituent requests made to a
Congressional representative; and
support litigation involving the agency.
We have provided background
information about the proposed system
in the SUPPLEMENTARY INFORMATION
section, below. Although the Privacy
Act requires only that the ‘‘routine use’’
portion of the system be published for
comment, CMS invites comments on all
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portions of this notice. See EFFECTIVE
DATES section for comment period.
EFFECTIVE DATES: CMS filed a new
system report with the Chair of the
House Committee on Government
Reform and Oversight, the Chair of the
Senate Committee on Governmental
Affairs, and the Administrator, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on December 23, 2004. In any
event, we will not disclose any
information under a routine use until
forty (40) calendar days after
publication. We may defer
implementation of this system of
records or one or more of the routine
use statements listed below if we
receive comments that persuade us to
defer implementation.
ADDRESSES: The public should address
comments to: Director, Division of
Privacy Compliance Data Development
(DPCDD), CMS, Room N2–04–27, 7500
Security Boulevard, Baltimore,
Maryland 21244–1850. Comments
received will be available for review at
this location, by appointment, during
regular business hours, Monday through
Friday from 9 a.m.–3 p.m., eastern time
zone.
FOR FURTHER INFORMATION CONTACT:
David Escobedo, Finance, Systems and
Budget Group, Center for Medicaid
and State Operations, Centers for
Medicare and Medicaid Services,
7500 Security Boulevard, Room S3–
18–11, Baltimore, Maryland 21244–
1850, Telephone Number: (410) 786–
5401.
Thomas Hamilton, Survey and
Certification Group, Center for
Medicaid and State Operations,
Centers for Medicare and Medicaid
Services, 7500 Security Boulevard,
Room S2–12–25, Baltimore, Maryland
21244–1850, Telephone Number:
(410) 786–9493.
SUPPLEMENTARY INFORMATION:
I. Description of the New System of
Records
A. Statutory and Regulatory Basis for
System of Records
Section 353(f)(4)(A) of the Public
Health Service Act (42 U.S.C. 263a)
mandates that the Secretary establish
national standards for quality assurance
in cytology services designed to assure
consistent, valid, and reliable test
performance by cytology laboratories.
Section 353(f)(4)(B)(iv) requires, ‘‘* * *
the periodic confirmation and
evaluation of the proficiency of
individuals involved in screening or
interpreting cytological preparations,
including announced and unannounced
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on-site proficiency testing of such
individuals, with such testing to take
place, to the extent practicable, under
normal working conditions, * * *’’ due
to the unique nature of this statutory
requirement, authority to initiate this
system of records is granted. In
addition, the general and specific CLIA
regulations for laboratories mandating
proficiency testing of cytotechnologists
and physicians are found in 42 CFR
493.801–493.807 and 493.855. General
and specific CLIA requirements for CMS
approval of proficiency testing programs
in gynecologic cytology are found at 42
CFR 493.901–493.905 and 493.945.
B. Background
Because of highly publicized articles
originating in the Wall Street Journal,
and in Washington, DC television
exposes, national attention focused on
clinical laboratory testing, with specific
interest on the testing that occurred in
cytology laboratories. Congressional
hearings followed.
Many laboratories performing testing
on cytology specimens were not
regulated and had no limit on the
number of gynecologic specimens (Pap
smears) that could be examined by an
individual in a 24-hour period.
Consequently, a number of ‘‘Pap Mills’’
appeared that produced Pap smear
results that were erroneous and life
threatening.
The failure of laboratories performing
cytology testing to provide accurate and
reliable patient test results particularly
in the area of gynecologic cytology
prompted the Congress to enact the
Clinical Laboratory Improvement
Amendments of 1988 (CLIA).
Certain cytology provisions of the
CLIA statute require the Secretary of
Health and Human Services to
periodically confirm and evaluate the
proficiency of individuals involved in
screening or interpreting cytological
preparations (42 U.S.C. 263a, Section
353(f)(4)(b)(iv)). The Secretary has
delegated to the CMS the responsibility
to regulate and monitor the accuracy
and reliability of results of cytology
preparations. The implementing
regulations are found at 42 CFR part 493
and apply to all clinical laboratories,
performing non-waived testing,
including those individuals who
examine gynecologic cytology (Pap
smears).
To comply with these statutory
provisions, a mechanism to monitor the
proficiency of individuals who examine
gynecologic cytology preparations, a
record system must be established. This
system, CYPERS, is a national tracking
system designed to monitor the
enrollment and performance of all
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cytotechnologists and physicians who
must participate in a CMS approved
cytology proficiency testing program.
In general, CMS approves proficiency
testing (PT) programs offered by private,
nonprofit organizations and states that
meet the PT program requirements of
the CLIA regulations. Laboratories
performing certain non-waived testing
must enroll and participate in a CMS
approved PT program. PT samples are
sent to laboratories by the PT programs;
the results are unknown to the
laboratory staff. After testing,
laboratories return their PT sample
results to the PT program where they are
evaluated and graded for accuracy. The
PT program sends the final scores and
evaluations to CMS and CMS approved
accreditation organizations where
monitoring of laboratory performance
occurs on a continual basis. In the case
of gynecologic cytology PT, the
performance of individuals, not
laboratories, is monitored using the
CYPERS record system.
II. Collection and Maintenance of Data
in the System
A. Scope of the Data Collected
The CYPERS contains each
individual’s name, Proficiency Testing
Registration Number (a unique
identifier), Medical Licensure Number,
if employed at more than one
laboratory: the names, location, and
CLIA number of each laboratory; test
scores; and in which testing event the
individual has participated. CYPERS
will also be able to produce userdefined reports on request by Central
Office staff only.
B. Agency Policies, Procedures, and
Restrictions on the Routine Use
The Privacy Act permits us to disclose
information without an individual’s
consent if the information is to be used
for a purpose that is compatible with the
purpose(s) for which the information
was collected. Any such disclosure of
data is known as a ‘‘routine use.’’ The
government will only release CYPERS
information that can be associated with
an individual as provided for under
‘‘Section III. Entities Who May Receive
Disclosures Under Routine Use.’’ Both
identifiable and non-identifiable data
may be disclosed under a routine use.
Identifiable data includes individual
records with CYPERS information and
identifiers. Non-identifiable data
includes individual records with
CYPERS information and masked
identifiers or CYPERS information with
identifiers stripped out of the file.
CMS will only disclose the minimum
personal data necessary to achieve the
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purpose of the CYPERS. CMS has the
following policies and procedures
concerning disclosures of information
that will be maintained in the system.
In general, disclosure of information
from the SOR will be approved only for
the minimum information necessary to
accomplish the purpose of the
disclosure after CMS:
1. Determines that the use or
disclosure is consistent with the reason
that the data are being collected; e.g.,
monitoring the registration,
participation, and outcome of annual
cytology proficiency testing events for
cytotechnologist and physicians who
evaluate gynecologic cytology
specimens, assure remedial actions are
taken when necessary, and develop the
data necessary for CMS to determine the
continued or reduced frequency of
testing.
2. Determines that:
a. The purpose for which the
disclosure is to be made can only be
accomplished if the record is provided
in individually identifiable form;
b. the purpose for which the
disclosure is to be made is of sufficient
importance to warrant the effect and/or
risk on the privacy of the individual that
additional exposure of the record might
bring; and
c. there is a strong probability that the
proposed use of the data would, in fact,
accomplish the stated purpose(s).
3. Requires the information recipient
to:
a. Establish administrative, technical,
and physical safeguards to prevent
unauthorized use of disclosure of the
record;
b. remove or destroy at the earliest
time all individually, identifiable
information; and
c. agree to not use or disclose the
information for any purpose other than
the stated purpose under which the
information was disclosed.
4. Determines that the data are valid
and reliable.
III. Proposed Routine Use Disclosures
of Data in the System
A. Entities That May Receive
Disclosures Under Routine Use
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, under which CMS may release
information from the CYPERS without
the consent of the individual to whom
such information pertains. Each
proposed disclosure of information
under these routine uses will be
evaluated to ensure that the disclosure
is legally permissible, including but not
limited to ensuring that the purpose of
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the disclosure is compatible with the
purpose for which the information was
collected. CMS proposes to establish the
following routine use disclosures of
information maintained in the system:
1. To agency contractors, or
consultants that have been contracted
by the agency to assist in the
performance of a service related to this
system of records and that need to have
access to the records in order to perform
the activity.
CMS contemplates disclosing
information under this routine use only
in situations in which CMS may enter
into a contractual or similar agreement
with a third party to assist in
accomplishing agency business
functions relating to purposes for this
system of records.
CMS occasionally contracts out
certain of its functions when doing so
would contribute to effective and
efficient operations. CMS must be able
to give a contractor whatever
information is necessary for the
contractor to fulfill its duties. In these
situations, safeguards are provided in
the contract prohibiting the contractor
from using or disclosing the information
for any purpose other than that
described in the contract and requires
the contractor to return or destroy all
information at the completion of the
contract.
2. To a Member of Congress or to a
Congressional staff member in response
to an inquiry of the Congressional Office
made at the written request of the
constituent about whom the record is
maintained.
Individuals sometimes request the
help of a Member of Congress in
resolving some issue relating to a matter
before CMS. The Member of Congress
then writes CMS, and CMS must be able
to give sufficient information to be
responsive to the inquiry.
3. To the Department of Justice (DOJ),
court or adjudicatory body when:
a. The agency or any component
thereof, or
b. Any employee of the agency in his
or her official capacity; or
c. Any employee of the agency in his
or her individual capacity where the
DOJ has agreed to represent the
employee, or
d. The United States Government; is
a party to litigation or has an interest in
such litigation, and by careful review,
CMS determines that the records are
both relevant and necessary to the
litigation.
Whenever CMS is involved in
litigation, or occasionally when another
party is involved in litigation and CMS’s
policies or operations could be affected
by the outcome of the litigation, CMS
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would be able to disclose information to
the DOJ, court or adjudicatory body
involved. A determination would be
made in each instance that, under the
circumstances involved, the purposes
served by the use of the information in
the particular litigation is compatible
with a purpose for which CMS collects
the information.
B. Additional Provisions Affecting
Routine Use Disclosures
In addition, CMS policy will be to
prohibit release even of non-identifiable
data, except pursuant to one of the
routine uses, if there is a possibility that
an individual can be identified through
implicit deduction based on small cell
sizes (instances where the patient
population is so small that individuals
who are familiar with the enrollees
could, because of the small size, use this
information to deduce the identity of
the beneficiary).
This System of Records contains
Protected Health Information as defined
by the Department of Health and Human
Services’ regulation ‘‘Standards for
Privacy of Individually Identifiable
Health Information’’ (45 CFR Parts 160
and 164, 65 FR 82462 as amended by 66
FR 12434). Disclosures of Protected
Health Information authorized by these
routine uses may only be made if, and
as, permitted or required by the
‘‘Standards for Privacy of Individually
Identifiable Health Information.’’
IV. Safeguards
CMS has safeguards in place for
authorized users and monitors such
users to ensure against excessive or
unauthorized use. Personnel having
access to the system have been trained
in the Privacy Act and information
security requirements. Employees who
maintain records in this system are
instructed not to release data until the
intended recipient agrees to implement
appropriate management, operational
and technical safeguards sufficient to
protect the confidentiality, integrity and
availability of the information and
information systems and to prevent
unauthorized access.
This system will conform to all
applicable Federal laws and regulations
and Federal, DHHS, and CMS policies
and standards as they relate to
information security and data privacy.
These laws and regulations include but
are not limited to: the Privacy Act of
1974; the Federal Information Security
Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the
Health Insurance Portability and
Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare
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Modernization Act of 2003, and the
corresponding implementing
regulations. OMB Circular A–130,
Management Of Federal Resources,
Appendix III, Security of Federal
Automated Information Resources also
applies. Federal, DHHS, and CMS
policies and standards include but are
not limited to: all pertinent NIST
publications; the DHHS Automated
Information Systems Security Handbook
and the CMS Information Security
Handbook.
V. Effects of the New System on
Individual Rights
CMS proposes to establish this system
in accordance with the principles and
requirements of the Privacy Act and will
collect, use, and disseminate
information only as prescribed therein.
Data in this system will be subject to the
authorized releases in accordance with
the routine uses identified in this
system of records.
CMS will monitor the collection and
reporting of CYPERS data. CYPERS
information is submitted to CMS
through standard systems. CMS will use
a variety of onsite and offsite edits and
audits to increase the accuracy of
CYPERS data.
CMS will take precautionary
measures (see item IV, above) to
minimize the risks of unauthorized
access to the records and the potential
harm to individual privacy or other
personal or property rights of
individuals whose data are maintained
in the system. CMS will collect only
that information necessary to perform
the system’s functions. In addition, CMS
will make disclosure from the proposed
system only with consent of the subject
individual, or his/her legal
representative, or in accordance with an
applicable exception provision of the
Privacy Act.
CMS, therefore, does not anticipate an
unfavorable effect on individual privacy
because of maintaining this system of
records.
Dated: December 23, 2004.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
SYSTEM NO. 09–70–0543
SYSTEM NAME:
‘‘Cytology Personnel Record System
(CYPERS), HHS/CMS/CMSO, 09–70–
0543.’’
SECURITY CLASSIFICATION:
Level 3, Privacy Act Sensitive.
SYSTEM LOCATION:
HCFA Data Center, 7500 Security
Boulevard, North Building, First Floor,
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Baltimore, Maryland 21244–1850. CMS
contractors and agents at various
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individual cytotechnologists and
physicians participating in CMS
approved gynecologic cytology
proficiency testing programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system will contain each
individual’s name, Proficiency Testing
Registration Number (a unique
identifier), Medical Licensure Number,
if employed at more than one
laboratory: the names, location, and
CLIA number of each laboratory; test
scores, and in which testing event the
individual has participated. CYPERS
will also be able to produce userdefined reports on request by Central
Office staff only.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 353(f)(4)(A) of the Public
Health Service Act (42 U.S.C. 263a),
Section 353(f)(4)(B)(iv), 42 CFR 493.801,
493.803, 493.807, 493.855, 42 CFR
493.901, 493.903, 493.905, and 493.945.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of CYPERS is to
assure CMS of the accuracy and
reliability of gynecologic cytology
testing by compliance with the CLIA
statutory requirements. This will be
accomplished by tracking and
monitoring the enrollment,
participation, and performance of
individual cytotechnologists and
physicians participating in CMS
approved gynecologic cytology
proficiency testing programs.
Information retrieved from this
system of records will be used to
support regulatory, reimbursement, and
policy functions performed within the
agency or by a contractor or consultant;
support constituent requests made to a
Congressional representative; and
support litigation involving the agency.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OR USERS AND
THE PURPOSES OF SUCH USES:
These routine uses specify
circumstances, in addition to those
provided by statute in the Privacy Act
of 1974, under which CMS may release
information from the CYPERS
Registration and Product Ordering
System without the consent of the
individual to whom such information
pertains. Each proposed disclosure of
information under these routine uses
will be evaluated to ensure that the
disclosure is legally permissible,
including but not limited to ensuring
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that the purpose of the disclosure is
compatible with the purpose for which
the information was collected. In
addition, CMS policy will be to prohibit
release even of non-identifiable data,
except pursuant to one of the routine
uses, if there is a possibility that an
individual can be identified through
implicit deduction based on small cell
sizes (instances where the patient
population is so small that individuals
who are familiar with the enrollees
could, because of the small size, use this
information to deduce the identity of
the beneficiary). Be advised, this System
of Records contains Protected Health
Information as defined by the
Department of Health and Human
Services’ (HHS) regulation ‘‘Standards
for Privacy of Individually Identifiable
Health Information’’ (45 CFR Parts 160
and 164, 65 FR 8462 as amended by 66
FR 12434). Disclosures of Protected
Health Information authorized by these
routine uses may only be made if, and
as, permitted or required by the
‘‘Standards for Privacy of Individually
Identifiable Health Information.’’
1. To agency contractors, or
consultants that have been contracted
by the agency to assist in the
performance of a service related to this
system of records and that need to have
access to the records in order to perform
the activity.
2. To a Member of Congress or to a
Congressional staff member in response
to an inquiry of the Congressional Office
made at the written request of the
constituent about whom the record is
maintained.
3. To the Department of Justice (DOJ),
court or adjudicatory body when:
a. The agency or any component
thereof, or
b. Any employee of the agency in his
or her official capacity; or
c. Any employee of the agency in his
or her individual capacity where the
DOJ has agreed to represent the
employee, or
d. The United States Government; is
a party to litigation or has an interest in
such litigation, and by careful review,
CMS determines that the records are
both relevant and necessary to the
litigation.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored on the magnetic
disk sub-system of the Windows 2000
server.
RETRIEVABILITY:
The CYPERS records are retrieved by
individual’s name, Proficiency Testing
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Registration Number unique identifier,
Medical Licensure Number, test scores,
or which testing event the individual
has participated. CYPERS will also be
able to produce user-defined reports on
request by Central Office staff only.
SAFEGUARDS:
CMS has safeguards in place for
authorized users and monitors such
users to ensure against excessive or
unauthorized use. Personnel having
access to the system have been trained
in the Privacy Act and information
security requirements. Employees who
maintain records in this system are
instructed not to release data until the
intended recipient agrees to implement
appropriate management, operational
and technical safeguards sufficient to
protect the confidentiality, integrity and
availability of the information and
information systems and to prevent
unauthorized access.
This system will conform to all
applicable Federal laws and regulations
and Federal, DHHS, and CMS policies
and standards as they relate to
information security and data privacy.
These laws and regulations include but
are not limited to: the Privacy Act of
1974; the Federal Information Security
Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the
Health Insurance Portability and
Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare
Modernization Act of 2003, and the
corresponding implementing
regulations. OMB Circular A–130,
Management Of Federal Resources,
Appendix III, Security of Federal
Automated Information Resources also
applies.
Federal, DHHS, and CMS policies and
standards include but are not limited to:
all pertinent NIST publications; the
DHHS Automated Information Systems
Security Handbook and the CMS
Information Security Handbook.
RETENTION AND DISPOSAL:
CMS will retain identifiable CYPERS
data for a total period of 10 years.
SYSTEM MANAGER AND ADDRESS:
Director, Finance, Systems and
Budget Group, Center for Medicaid and
State Operations, Centers for Medicare
and Medicaid Services, 7500 Security
Boulevard, Room S3–18–11, Baltimore,
Maryland 21244–1850, Telephone
Number: (410) 786–5401.
Director, Survey and Certification
Group, Center for Medicaid and State
Operations, Centers for Medicare and
Medicaid Services, 7500 Security
Boulevard, Room S2–12–25, Baltimore,
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Maryland 21244–1850, Telephone
Number: (410) 786–9493.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
NOTIFICATION PROCEDURE:
[FR Doc. 05–836 Filed 1–13–05; 8:45 am]
For purpose of access, the subject
individual should write to the system
manager, who will require the system
name, the subject individual’s name
(woman’s maiden name, if applicable),
address, date of correspondence and
control number.
BILLING CODE 4120–03–P
RECORD ACCESS PROCEDURE:
Proposed Information Collection
Activity; Comment Request
None.
For purpose of access, use the same
procedures outlined in Notification
Procedures above. Requestors should
also reasonably specify the record
contents being sought. (These
procedures are in accordance with
Department regulation 45 CFR 5b.5 (a)
(2).)
CONTESTING RECORD PROCEDURES:
The subject individual should contact
the system manager named above, and
reasonably identify the record and
specify the information to be contested.
State the corrective action sought and
the reasons for the correction with
supporting justification. (These
procedures are in accordance with
Department regulation 45 CFR 5b.7.)
RECORD SOURCE CATEGORIES:
CMS will receive CYPERS data
periodically from CMS-approved
cytology proficiency testing programs
only. This System of Records protects
the data transmitted by CMS-approved
cytology proficiency testing programs at
all stages of collection, manipulation,
transmissions, storage, and
maintenance, at the PT program and at
CMS.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Projects
Title: Follow-up to the National
Survey of Child and Adolescent WellBeing.
OMB No.: 0970–0202.
Description: The Department of
Health and Human Services intends to
collect data on a subset of children and
families who have participated in the
National Survey of Child and
Adolescent Well-Being (NSCAW). The
NSCAW was authorized under Section
427 of the Personal Responsibility and
Work Opportunity Reconciliation Act of
1996. The Survey began in November
1999 with a national Sample of 5,501
children ages 0–14 who had been the
subject of investigation by Child
Protective Services (CPS) during the
baseline data collection period, which
extended from November 1999 through
April 2000. Direct assessments and
interviews were conducted with the
children themselves, their primary
caregivers, their caseworkers, and, for
school-aged children, their teachers.
Follow-up data collections were
conducted 12 months, 18 months and
36 months post-baseline. The current
data collection plan involves only a
subset of 1,497 children from the
original sample, that is, children who
were ages 0–12 months during the
baseline period. The original sample
design for NSCAW was stratified to
include an over-sample or infants; thus,
the subset that is the subject of this data
collection is a representative sample of
infants who were the targets of CPS
investigations during the survey’s
baseline data collection period. This
group will be at the beginning of their
formal schooling as the next data
collection begins, and will allow for the
identification of early risk and
protective factors, as well as the
influence of services and service
systems, on their functioning as they
enter this critical transition period.
The NSCAW is unique in that it is the
only source of nationally representative,
firsthand information about the
functioning and well-being, service
needs and service utilization of children
and families who come to the attention
of the child welfare system. Information
is collected about children’s cognitive,
social, emotional, behavioral and
adaptive functioning, as well as family
and community factors that are likely to
influence their functioning. Family
service needs and service utilization
also are addressed in the data collection.
The data collection for the follow-up
will follow the same format as that used
in previous rounds of data collection,
and will employ the instruments that
have been used with 5- to 7-year-olds in
previous rounds. Data from NSCAW are
made available to the research
community through licensing
arrangements from the National Data
Archive on Child Abuse and Neglect,
housed at Cornell University.
Respondents: Children, who are
clients of the child welfare system, their
primary caregivers, caseworkers, and
teachers.
ANNUAL BURDEN ESTIMATES
No. of
respondents
Instrument
Child Interview .................................................................................................
Permanent Caregiver Interview .......................................................................
Foster Caregiver Interview ..............................................................................
Caseworker Interview ......................................................................................
Teacher Questionnaire ....................................................................................
No. of
responses per
respondent
1,497
1,122
375
375
1,497
1
1
1
1
1
Estimated Total Annual Burden Hours: ....................................................
In compliance with the requirements
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
VerDate jul<14>2003
14:36 Jan 13, 2005
Jkt 205001
Frm 00041
Fmt 4703
Sfmt 4703
1.2
2.0
1.5
1.0
.75
Total burden
hours
1,796
2,244
563
375
1,123
6,101
information collections described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Administration,
PO 00000
Average
burden hours
per response
Office of Information Services, 370
L’Enfant Promenade, SW., Washington,
DC 20447, Attn: ACF Reports Clearance
Officer. E-mail address:
grjohnson@acf.hhs.gov. All requests
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Pages 2637-2641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-836]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Report of New System
AGENCY: Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of New System of Records (SOR).
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, we are proposing to establish a new system of records, called the
``Cytology Personnel Record System (CYPERS), HHS/CMS/CMSO, 09-70-
0543.'' The primary purpose of CYPERS is to assure CMS of the accuracy
and reliability of gynecologic cytology testing by compliance with the
CLIA statutory requirements. This will be accomplished by tracking and
monitoring the enrollment, participation, and performance of individual
cytotechnologists and physicians participating in CMS approved
gynecologic cytology proficiency testing programs.
Information retrieved from this system of records will be used to
support regulatory, reimbursement, and policy functions performed
within the agency or by a contractor or consultant; support constituent
requests made to a Congressional representative; and support litigation
involving the agency.
We have provided background information about the proposed system
in the SUPPLEMENTARY INFORMATION section, below. Although the Privacy
Act requires only that the ``routine use'' portion of the system be
published for comment, CMS invites comments on all portions of this
notice. See EFFECTIVE DATES section for comment period.
EFFECTIVE DATES: CMS filed a new system report with the Chair of the
House Committee on Government Reform and Oversight, the Chair of the
Senate Committee on Governmental Affairs, and the Administrator, Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB) on December 23, 2004. In any event, we will not disclose any
information under a routine use until forty (40) calendar days after
publication. We may defer implementation of this system of records or
one or more of the routine use statements listed below if we receive
comments that persuade us to defer implementation.
ADDRESSES: The public should address comments to: Director, Division of
Privacy Compliance Data Development (DPCDD), CMS, Room N2-04-27, 7500
Security Boulevard, Baltimore, Maryland 21244-1850. Comments received
will be available for review at this location, by appointment, during
regular business hours, Monday through Friday from 9 a.m.-3 p.m.,
eastern time zone.
FOR FURTHER INFORMATION CONTACT:
David Escobedo, Finance, Systems and Budget Group, Center for Medicaid
and State Operations, Centers for Medicare and Medicaid Services, 7500
Security Boulevard, Room S3-18-11, Baltimore, Maryland 21244-1850,
Telephone Number: (410) 786-5401.
Thomas Hamilton, Survey and Certification Group, Center for Medicaid
and State Operations, Centers for Medicare and Medicaid Services, 7500
Security Boulevard, Room S2-12-25, Baltimore, Maryland 21244-1850,
Telephone Number: (410) 786-9493.
SUPPLEMENTARY INFORMATION:
I. Description of the New System of Records
A. Statutory and Regulatory Basis for System of Records
Section 353(f)(4)(A) of the Public Health Service Act (42 U.S.C.
263a) mandates that the Secretary establish national standards for
quality assurance in cytology services designed to assure consistent,
valid, and reliable test performance by cytology laboratories. Section
353(f)(4)(B)(iv) requires, ``* * * the periodic confirmation and
evaluation of the proficiency of individuals involved in screening or
interpreting cytological preparations, including announced and
unannounced
[[Page 2638]]
on-site proficiency testing of such individuals, with such testing to
take place, to the extent practicable, under normal working conditions,
* * *'' due to the unique nature of this statutory requirement,
authority to initiate this system of records is granted. In addition,
the general and specific CLIA regulations for laboratories mandating
proficiency testing of cytotechnologists and physicians are found in 42
CFR 493.801-493.807 and 493.855. General and specific CLIA requirements
for CMS approval of proficiency testing programs in gynecologic
cytology are found at 42 CFR 493.901-493.905 and 493.945.
B. Background
Because of highly publicized articles originating in the Wall
Street Journal, and in Washington, DC television exposes, national
attention focused on clinical laboratory testing, with specific
interest on the testing that occurred in cytology laboratories.
Congressional hearings followed.
Many laboratories performing testing on cytology specimens were not
regulated and had no limit on the number of gynecologic specimens (Pap
smears) that could be examined by an individual in a 24-hour period.
Consequently, a number of ``Pap Mills'' appeared that produced Pap
smear results that were erroneous and life threatening.
The failure of laboratories performing cytology testing to provide
accurate and reliable patient test results particularly in the area of
gynecologic cytology prompted the Congress to enact the Clinical
Laboratory Improvement Amendments of 1988 (CLIA).
Certain cytology provisions of the CLIA statute require the
Secretary of Health and Human Services to periodically confirm and
evaluate the proficiency of individuals involved in screening or
interpreting cytological preparations (42 U.S.C. 263a, Section
353(f)(4)(b)(iv)). The Secretary has delegated to the CMS the
responsibility to regulate and monitor the accuracy and reliability of
results of cytology preparations. The implementing regulations are
found at 42 CFR part 493 and apply to all clinical laboratories,
performing non-waived testing, including those individuals who examine
gynecologic cytology (Pap smears).
To comply with these statutory provisions, a mechanism to monitor
the proficiency of individuals who examine gynecologic cytology
preparations, a record system must be established. This system, CYPERS,
is a national tracking system designed to monitor the enrollment and
performance of all cytotechnologists and physicians who must
participate in a CMS approved cytology proficiency testing program.
In general, CMS approves proficiency testing (PT) programs offered
by private, nonprofit organizations and states that meet the PT program
requirements of the CLIA regulations. Laboratories performing certain
non-waived testing must enroll and participate in a CMS approved PT
program. PT samples are sent to laboratories by the PT programs; the
results are unknown to the laboratory staff. After testing,
laboratories return their PT sample results to the PT program where
they are evaluated and graded for accuracy. The PT program sends the
final scores and evaluations to CMS and CMS approved accreditation
organizations where monitoring of laboratory performance occurs on a
continual basis. In the case of gynecologic cytology PT, the
performance of individuals, not laboratories, is monitored using the
CYPERS record system.
II. Collection and Maintenance of Data in the System
A. Scope of the Data Collected
The CYPERS contains each individual's name, Proficiency Testing
Registration Number (a unique identifier), Medical Licensure Number, if
employed at more than one laboratory: the names, location, and CLIA
number of each laboratory; test scores; and in which testing event the
individual has participated. CYPERS will also be able to produce user-
defined reports on request by Central Office staff only.
B. Agency Policies, Procedures, and Restrictions on the Routine Use
The Privacy Act permits us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such disclosure of data is known as a ``routine use.''
The government will only release CYPERS information that can be
associated with an individual as provided for under ``Section III.
Entities Who May Receive Disclosures Under Routine Use.'' Both
identifiable and non-identifiable data may be disclosed under a routine
use. Identifiable data includes individual records with CYPERS
information and identifiers. Non-identifiable data includes individual
records with CYPERS information and masked identifiers or CYPERS
information with identifiers stripped out of the file.
CMS will only disclose the minimum personal data necessary to
achieve the purpose of the CYPERS. CMS has the following policies and
procedures concerning disclosures of information that will be
maintained in the system. In general, disclosure of information from
the SOR will be approved only for the minimum information necessary to
accomplish the purpose of the disclosure after CMS:
1. Determines that the use or disclosure is consistent with the
reason that the data are being collected; e.g., monitoring the
registration, participation, and outcome of annual cytology proficiency
testing events for cytotechnologist and physicians who evaluate
gynecologic cytology specimens, assure remedial actions are taken when
necessary, and develop the data necessary for CMS to determine the
continued or reduced frequency of testing.
2. Determines that:
a. The purpose for which the disclosure is to be made can only be
accomplished if the record is provided in individually identifiable
form;
b. the purpose for which the disclosure is to be made is of
sufficient importance to warrant the effect and/or risk on the privacy
of the individual that additional exposure of the record might bring;
and
c. there is a strong probability that the proposed use of the data
would, in fact, accomplish the stated purpose(s).
3. Requires the information recipient to:
a. Establish administrative, technical, and physical safeguards to
prevent unauthorized use of disclosure of the record;
b. remove or destroy at the earliest time all individually,
identifiable information; and
c. agree to not use or disclose the information for any purpose
other than the stated purpose under which the information was
disclosed.
4. Determines that the data are valid and reliable.
III. Proposed Routine Use Disclosures of Data in the System
A. Entities That May Receive Disclosures Under Routine Use
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, under which CMS may
release information from the CYPERS without the consent of the
individual to whom such information pertains. Each proposed disclosure
of information under these routine uses will be evaluated to ensure
that the disclosure is legally permissible, including but not limited
to ensuring that the purpose of
[[Page 2639]]
the disclosure is compatible with the purpose for which the information
was collected. CMS proposes to establish the following routine use
disclosures of information maintained in the system:
1. To agency contractors, or consultants that have been contracted
by the agency to assist in the performance of a service related to this
system of records and that need to have access to the records in order
to perform the activity.
CMS contemplates disclosing information under this routine use only
in situations in which CMS may enter into a contractual or similar
agreement with a third party to assist in accomplishing agency business
functions relating to purposes for this system of records.
CMS occasionally contracts out certain of its functions when doing
so would contribute to effective and efficient operations. CMS must be
able to give a contractor whatever information is necessary for the
contractor to fulfill its duties. In these situations, safeguards are
provided in the contract prohibiting the contractor from using or
disclosing the information for any purpose other than that described in
the contract and requires the contractor to return or destroy all
information at the completion of the contract.
2. To a Member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional Office made at the written
request of the constituent about whom the record is maintained.
Individuals sometimes request the help of a Member of Congress in
resolving some issue relating to a matter before CMS. The Member of
Congress then writes CMS, and CMS must be able to give sufficient
information to be responsive to the inquiry.
3. To the Department of Justice (DOJ), court or adjudicatory body
when:
a. The agency or any component thereof, or
b. Any employee of the agency in his or her official capacity; or
c. Any employee of the agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. The United States Government; is a party to litigation or has an
interest in such litigation, and by careful review, CMS determines that
the records are both relevant and necessary to the litigation.
Whenever CMS is involved in litigation, or occasionally when
another party is involved in litigation and CMS's policies or
operations could be affected by the outcome of the litigation, CMS
would be able to disclose information to the DOJ, court or adjudicatory
body involved. A determination would be made in each instance that,
under the circumstances involved, the purposes served by the use of the
information in the particular litigation is compatible with a purpose
for which CMS collects the information.
B. Additional Provisions Affecting Routine Use Disclosures
In addition, CMS policy will be to prohibit release even of non-
identifiable data, except pursuant to one of the routine uses, if there
is a possibility that an individual can be identified through implicit
deduction based on small cell sizes (instances where the patient
population is so small that individuals who are familiar with the
enrollees could, because of the small size, use this information to
deduce the identity of the beneficiary).
This System of Records contains Protected Health Information as
defined by the Department of Health and Human Services' regulation
``Standards for Privacy of Individually Identifiable Health
Information'' (45 CFR Parts 160 and 164, 65 FR 82462 as amended by 66
FR 12434). Disclosures of Protected Health Information authorized by
these routine uses may only be made if, and as, permitted or required
by the ``Standards for Privacy of Individually Identifiable Health
Information.''
IV. Safeguards
CMS has safeguards in place for authorized users and monitors such
users to ensure against excessive or unauthorized use. Personnel having
access to the system have been trained in the Privacy Act and
information security requirements. Employees who maintain records in
this system are instructed not to release data until the intended
recipient agrees to implement appropriate management, operational and
technical safeguards sufficient to protect the confidentiality,
integrity and availability of the information and information systems
and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal, DHHS, and CMS policies and standards as they
relate to information security and data privacy. These laws and
regulations include but are not limited to: the Privacy Act of 1974;
the Federal Information Security Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the Health Insurance Portability and
Accountability Act of 1996; the E-Government Act of 2002, the Clinger-
Cohen Act of 1996; the Medicare Modernization Act of 2003, and the
corresponding implementing regulations. OMB Circular A-130, Management
Of Federal Resources, Appendix III, Security of Federal Automated
Information Resources also applies. Federal, DHHS, and CMS policies and
standards include but are not limited to: all pertinent NIST
publications; the DHHS Automated Information Systems Security Handbook
and the CMS Information Security Handbook.
V. Effects of the New System on Individual Rights
CMS proposes to establish this system in accordance with the
principles and requirements of the Privacy Act and will collect, use,
and disseminate information only as prescribed therein. Data in this
system will be subject to the authorized releases in accordance with
the routine uses identified in this system of records.
CMS will monitor the collection and reporting of CYPERS data.
CYPERS information is submitted to CMS through standard systems. CMS
will use a variety of onsite and offsite edits and audits to increase
the accuracy of CYPERS data.
CMS will take precautionary measures (see item IV, above) to
minimize the risks of unauthorized access to the records and the
potential harm to individual privacy or other personal or property
rights of individuals whose data are maintained in the system. CMS will
collect only that information necessary to perform the system's
functions. In addition, CMS will make disclosure from the proposed
system only with consent of the subject individual, or his/her legal
representative, or in accordance with an applicable exception provision
of the Privacy Act.
CMS, therefore, does not anticipate an unfavorable effect on
individual privacy because of maintaining this system of records.
Dated: December 23, 2004.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
SYSTEM NO. 09-70-0543
SYSTEM NAME:
``Cytology Personnel Record System (CYPERS), HHS/CMS/CMSO, 09-70-
0543.''
SECURITY CLASSIFICATION:
Level 3, Privacy Act Sensitive.
SYSTEM LOCATION:
HCFA Data Center, 7500 Security Boulevard, North Building, First
Floor,
[[Page 2640]]
Baltimore, Maryland 21244-1850. CMS contractors and agents at various
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual cytotechnologists and physicians participating in CMS
approved gynecologic cytology proficiency testing programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system will contain each individual's name, Proficiency
Testing Registration Number (a unique identifier), Medical Licensure
Number, if employed at more than one laboratory: the names, location,
and CLIA number of each laboratory; test scores, and in which testing
event the individual has participated. CYPERS will also be able to
produce user-defined reports on request by Central Office staff only.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 353(f)(4)(A) of the Public Health Service Act (42 U.S.C.
263a), Section 353(f)(4)(B)(iv), 42 CFR 493.801, 493.803, 493.807,
493.855, 42 CFR 493.901, 493.903, 493.905, and 493.945.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of CYPERS is to assure CMS of the accuracy and
reliability of gynecologic cytology testing by compliance with the CLIA
statutory requirements. This will be accomplished by tracking and
monitoring the enrollment, participation, and performance of individual
cytotechnologists and physicians participating in CMS approved
gynecologic cytology proficiency testing programs.
Information retrieved from this system of records will be used to
support regulatory, reimbursement, and policy functions performed
within the agency or by a contractor or consultant; support constituent
requests made to a Congressional representative; and support litigation
involving the agency.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OR USERS AND THE PURPOSES OF SUCH USES:
These routine uses specify circumstances, in addition to those
provided by statute in the Privacy Act of 1974, under which CMS may
release information from the CYPERS Registration and Product Ordering
System without the consent of the individual to whom such information
pertains. Each proposed disclosure of information under these routine
uses will be evaluated to ensure that the disclosure is legally
permissible, including but not limited to ensuring that the purpose of
the disclosure is compatible with the purpose for which the information
was collected. In addition, CMS policy will be to prohibit release even
of non-identifiable data, except pursuant to one of the routine uses,
if there is a possibility that an individual can be identified through
implicit deduction based on small cell sizes (instances where the
patient population is so small that individuals who are familiar with
the enrollees could, because of the small size, use this information to
deduce the identity of the beneficiary). Be advised, this System of
Records contains Protected Health Information as defined by the
Department of Health and Human Services' (HHS) regulation ``Standards
for Privacy of Individually Identifiable Health Information'' (45 CFR
Parts 160 and 164, 65 FR 8462 as amended by 66 FR 12434). Disclosures
of Protected Health Information authorized by these routine uses may
only be made if, and as, permitted or required by the ``Standards for
Privacy of Individually Identifiable Health Information.''
1. To agency contractors, or consultants that have been contracted
by the agency to assist in the performance of a service related to this
system of records and that need to have access to the records in order
to perform the activity.
2. To a Member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional Office made at the written
request of the constituent about whom the record is maintained.
3. To the Department of Justice (DOJ), court or adjudicatory body
when:
a. The agency or any component thereof, or
b. Any employee of the agency in his or her official capacity; or
c. Any employee of the agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. The United States Government; is a party to litigation or has an
interest in such litigation, and by careful review, CMS determines that
the records are both relevant and necessary to the litigation.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored on the magnetic disk sub-system of the
Windows 2000 server.
RETRIEVABILITY:
The CYPERS records are retrieved by individual's name, Proficiency
Testing Registration Number unique identifier, Medical Licensure
Number, test scores, or which testing event the individual has
participated. CYPERS will also be able to produce user-defined reports
on request by Central Office staff only.
SAFEGUARDS:
CMS has safeguards in place for authorized users and monitors such
users to ensure against excessive or unauthorized use. Personnel having
access to the system have been trained in the Privacy Act and
information security requirements. Employees who maintain records in
this system are instructed not to release data until the intended
recipient agrees to implement appropriate management, operational and
technical safeguards sufficient to protect the confidentiality,
integrity and availability of the information and information systems
and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal, DHHS, and CMS policies and standards as they
relate to information security and data privacy. These laws and
regulations include but are not limited to: the Privacy Act of 1974;
the Federal Information Security Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the Health Insurance Portability and
Accountability Act of 1996; the E-Government Act of 2002, the Clinger-
Cohen Act of 1996; the Medicare Modernization Act of 2003, and the
corresponding implementing regulations. OMB Circular A-130, Management
Of Federal Resources, Appendix III, Security of Federal Automated
Information Resources also applies.
Federal, DHHS, and CMS policies and standards include but are not
limited to: all pertinent NIST publications; the DHHS Automated
Information Systems Security Handbook and the CMS Information Security
Handbook.
RETENTION AND DISPOSAL:
CMS will retain identifiable CYPERS data for a total period of 10
years.
SYSTEM MANAGER AND ADDRESS:
Director, Finance, Systems and Budget Group, Center for Medicaid
and State Operations, Centers for Medicare and Medicaid Services, 7500
Security Boulevard, Room S3-18-11, Baltimore, Maryland 21244-1850,
Telephone Number: (410) 786-5401.
Director, Survey and Certification Group, Center for Medicaid and
State Operations, Centers for Medicare and Medicaid Services, 7500
Security Boulevard, Room S2-12-25, Baltimore,
[[Page 2641]]
Maryland 21244-1850, Telephone Number: (410) 786-9493.
NOTIFICATION PROCEDURE:
For purpose of access, the subject individual should write to the
system manager, who will require the system name, the subject
individual's name (woman's maiden name, if applicable), address, date
of correspondence and control number.
RECORD ACCESS PROCEDURE:
For purpose of access, use the same procedures outlined in
Notification Procedures above. Requestors should also reasonably
specify the record contents being sought. (These procedures are in
accordance with Department regulation 45 CFR 5b.5 (a) (2).)
CONTESTING RECORD PROCEDURES:
The subject individual should contact the system manager named
above, and reasonably identify the record and specify the information
to be contested. State the corrective action sought and the reasons for
the correction with supporting justification. (These procedures are in
accordance with Department regulation 45 CFR 5b.7.)
RECORD SOURCE CATEGORIES:
CMS will receive CYPERS data periodically from CMS-approved
cytology proficiency testing programs only. This System of Records
protects the data transmitted by CMS-approved cytology proficiency
testing programs at all stages of collection, manipulation,
transmissions, storage, and maintenance, at the PT program and at CMS.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 05-836 Filed 1-13-05; 8:45 am]
BILLING CODE 4120-03-P
