Privacy Act of 1974; Report of a New System of Records, 58621-58626 [E6-16329]

Agencies

• Centers for Medicare & Medicaid Services
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58621-58626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16329]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Report of a New System of Records

AGENCY: Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS).

ACTION: Notice of a New System of Records (SOR).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, we are proposing to establish a new SOR titled ``Low Vision 
Rehabilitation Demonstration (LVRD),'' System No. 09-70-0582. The 
program is mandated by Section 641 of the Medicare Prescription Drug 
Improvement and Modernization Act of 2003 (MMA) (Public Law (Pub. L.) 
108-173), enacted into law on December 8, 2003, and amended Title XVIII 
of the Social Security Act (the Act). The LVRD program seeks to 
establish a new demonstration project to examine Medicare beneficiaries 
who are diagnosed with moderate to severe visual impairment and who may 
be eligible to receive covered vision rehabilitating services. 
Rehabilitation may be conducted under general supervision of a 
qualified physician in an appropriate setting including in the home of 
the beneficiary receiving the services. Improvements in these areas are 
expected to generate savings to the Medicare program to offset the 
costs of the performance payments.
    The primary purpose of the system is to collect and maintain 
identifiable information on Medicare beneficiaries who participate in 
Medicare Part B fee-for-service coverage, qualified physicians, such as 
ophthalmologists or optometrists, qualified occupational therapists, 
and vision rehabilitation therapists who are certified by the Academy 
for Certification of Vision Rehabilitation Professionals. Information 
retrieved from this system will also be disclosed to: (1) Support 
regulatory, reimbursement, and policy functions performed within the 
agency or by a contractor, consultant, or grantee; (2) assist another 
Federal or state agency with information to enable such agency to 
administer a Federal health benefits program, or to enable such agency 
to fulfill a requirement of Federal statute or regulation that 
implements a health benefits program funded in whole or in part with 
Federal funds; (3) assist an individual or organization for a research 
project or in support of an evaluation project related to the 
prevention of disease or disability, the restoration or maintenance of 
health, or payment related projects; (4) support litigation involving 
the agency; and (5) combat fraud, waste, and abuse in certain health 
benefits programs. We have provided background information about the 
new system in the Supplementary Information section below. Although the 
Privacy Act requires only that CMS provide an opportunity for 
interested persons to comment on the proposed routine uses, 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 Homeland Security and Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on 09/27/2006. In any event, we will not 
disclose any information under a routine use until 30 days after 
publication in the Federal Register or

[[Page 58622]]

40 days after mailings to Congress, whichever is later. We may defer 
implementation of this system or on one or more of the routine uses 
listed below if we receive comments that persuade us to defer 
implementation.

ADDRESSES: The public should address comments to the CMS Privacy 
Officer, Division of Privacy Compliance, Enterprise Architecture and 
Strategy Group, Office of Information Services, Mail-stop 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.

FOR FURTHER INFORMATION CONTACT: Joel Greer, Social Science Research 
Analyst, Division of Beneficiary Research, Research & Evaluation Group, 
Office of Research Development and Information, CMS, Mail Stop C3-18-
07, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The 
telephone number is (410) 786-6695 or e-mail joel.greer@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: Section 641 of MMA requires the Secretary of 
Health and Human Services to carry out a nationwide outpatient vision 
rehabilitation services demonstration project. Under this LVRD, 
Medicare will cover vision rehabilitation services for people with a 
diagnosis of moderate or severe vision impairment including blindness 
that is not correctable by conventional methods, such as glasses or 
surgery. Demonstration covered services will only be available to 
Medicare beneficiaries who live in one of the specified demonstration 
locales and must be prescribed by a qualified physician, such as an 
ophthalmologist or an optometrist who also practice in one of the 
specified demonstration locales.
    LVRD locales will include New Hampshire, New York City (all 5 
boroughs), Atlanta, GA., North Carolina, Kansas, and Washington State. 
Eligible beneficiaries who live in these areas and receive their 
medical eye care from an ophthalmologist or an optometrist who practice 
in these areas could be covered for up to 9 hours of rehabilitation 
services provided in an appropriate setting, including in the home. For 
many with visual impairments, rehabilitation training can help them 
maintain their independence and quality of life. Rehabilitation can 
help prevent accidents, like falls and burns that often occur when 
someone cannot navigate well due to vision loss.
    Under LVRD, Medicare will cover vision rehabilitation services for 
people with a diagnosis of moderate or severe vision impairment 
including blindness that is not correctable by conventional methods, 
such as glasses or surgery. Rehabilitation may be conducted under 
general supervision of a qualified physician in appropriate settings 
including in the home of the beneficiary receiving the services. 
Rehabilitation must be prescribed by a qualified physician and 
administered under an individualized, written plan or care developed by 
a qualified physician or qualified occupational therapist in private 
practice (OTPP). The plan of care must contain a specific diagnosis of 
visual impairment and must assure that vision rehabilitation services 
are medically necessary and the beneficiary receiving vision 
rehabilitation is capable of deriving benefit from the rehabilitation. 
Under the demonstration, services will be covered when provided by a 
qualified occupational therapist, or by a low vision therapist, 
orientation and mobility specialist, or vision rehabilitation 
therapists (aka rehabilitation teachers) who are certified by the 
Academy for Certification of Vision Rehabilitation Professionals 
(ACVREP).
    Rehabilitation will be judged completed when the treatment goals 
have been attained and any subsequent services would be for maintenance 
of a level of functional ability or when the patient has demonstrated 
no progress on two consecutive visits. All services covered under this 
demonstration are one-on-one, face to face services. Group services 
will not be covered.
    Some areas of the country provide Medicare coverage for vision 
rehabilitation services under local coverage decisions (LCDs). LCDs 
allow Medicare to pay for vision rehabilitation when provided by 
qualified personnel, such as occupational therapists. LCDs may also 
allow coverage for vision rehabilitation when provided in the home by a 
qualified OTPP under general supervision. The LVRD does not supersede 
LCDs whether services are provided in a demonstration locale, or not. 
Physicians and other providers who are not practicing in a designated 
demonstration locale may submit claims for vision rehabilitation as LCD 
covered therapy services, as before. Physicians and providers who are 
practicing designated demonstration locale may submit claims as either 
demonstration-related services or LCD covered therapy services, or 
both. However, in non-demonstration related services, LCD will not 
cover services provided by orientation and mobility specialists, low 
vision therapists, or vision rehabilitation therapists and only OTPP 
can provide rehabilitation services in the home.

I. Description of the New System of Records

A. Statutory and Regulatory Basis for System

    The authority for maintenance of this system is given under the 
provisions of Section 641 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (MMA) (Public Law 108-173), 
enacted into law on December 8, 2003, and amended Title XVIII of the 
Social Security Act.

B. Collection and Maintenance of Data in the System

    The data will be collected and maintained on individual 
beneficiaries receiving the services and who participate in Medicare 
Part B fee-for-service coverage, qualified physicians, such as 
ophthalmologists or optometrists, qualified occupational therapists, 
and certified low vision therapists, orientation and mobility 
specialists, and vision rehabilitation therapists (aka rehabilitation 
teachers) who are certified by the Academy for Certification of Vision 
Rehabilitation Professionals.
    The data collected will consist of, but not limited to, clinical 
quality measures collected from physicians participating in the 
demonstration. The collected information will contain provider name, 
unique provider identification number, unique demonstration practice 
identification number, beneficiary health insurance claim number 
(HICN), beneficiary demographic and diagnostic information relevant to 
the project.

II. Agency Policies, Procedures, and Restrictions on the Routine Use

    A. 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 LVRD information that can be 
associated with an individual as provided for under ``Section III. 
Proposed Routine Use Disclosures of Data in the System.'' Both 
identifiable and non-identifiable data may be disclosed under a routine 
use.
    We will only collect the minimum personal data necessary to achieve 
the purpose of LVRD. CMS has the following policies and procedures 
concerning disclosures of information that will be maintained in the 
system. Disclosure of information from the

[[Page 58623]]

system will be approved only to the extent necessary to accomplish the 
purpose of the disclosure and only after CMS:
    1. Determines that the use or disclosure is consistent with the 
reason that the data is being collected, e.g., to collect and maintain 
identifiable information on Medicare beneficiaries who participate in 
Medicare Part B fee-for-service coverage.
    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 Who May Receive Disclosures Under Routine Use

    The Privacy Act allows 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 compatible use of data is known as a ``routine 
use.'' The proposed routine uses in this system meet the compatibility 
requirement of the Privacy Act. We are proposing to establish the 
following routine use disclosures of information maintained in the 
system:
    1. To support agency contractors, consultants, or grantees who have 
been contracted by the agency to assist in the performance of a service 
related to this system and who need to have access to the records in 
order to perform the activity.
    We contemplate 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.
    CMS occasionally contracts out certain of its functions when doing 
so would contribute to effective and efficient operations. CMS must be 
able to give contractors, consultants, or grantees whatever information 
is necessary for the contractor to fulfill its duties. In these 
situations, safeguards are provided in the contract prohibiting the 
contractors, consultants, or grantees from using or disclosing the 
information for any purpose other than that described in the contract 
and requires the contractors, consultants, or grantees to return or 
destroy all information at the completion of the contract.
    2. To assist another Federal or state agency to:
    a. Contribute to the accuracy of CMS's proper payment of Medicare 
benefits,
    b. Enable such agency to administer a Federal health benefits 
program, or as necessary to enable such agency to fulfill a requirement 
of a Federal statute or regulation that implements a health benefits 
program funded in whole or in part with Federal funds, and/or
    Other Federal or state agencies in their administration of a 
Federal health program may require LVRD information in order to support 
evaluations and monitoring of Medicare claims information of 
beneficiaries, including proper reimbursement for services provided.
    3. To assist an individual or organization for a research project 
or in support of an evaluation project related to the prevention of 
disease or disability, the restoration or maintenance of health, or 
payment related projects.
    The LVRD data will provide for research or in support of evaluation 
projects, a broader, longitudinal, national perspective of the status 
of Medicare beneficiaries. CMS anticipates that many researchers will 
have legitimate requests to use these data in projects that could 
ultimately improve the care provided to Medicare beneficiaries and the 
policy that governs the care.
    4. To support 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 and that 
the use of such records by the DOJ, court or adjudicatory body is 
compatible with the purpose for which the agency collected the records.
    Whenever CMS is involved in litigation, and occasionally when 
another party is involved in litigation and CMS' 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.
    5. To assist a CMS contractor (including, but not necessarily 
limited to fiscal intermediaries and carriers) that assists in the 
administration of a CMS-administered health benefits program, or to a 
grantee of a CMS-administered grant program, when disclosure is deemed 
reasonably necessary by CMS to prevent, deter, discover, detect, 
investigate, examine, prosecute, sue with respect to, defend against, 
correct, remedy, or otherwise combat fraud, waste, or abuse in such 
program.
    We contemplate disclosing information under this routine use only 
in situations in which CMS may enter into a contractual relationship or 
grant with a third party to assist in accomplishing CMS functions 
relating to the purpose of combating fraud, waste, and abuse.
    CMS occasionally contracts out certain of its functions and makes 
grants when doing so would contribute to effective and efficient 
operations. CMS must be able to give a contractor or grantee whatever 
information is necessary for the contractor or grantee to fulfill its 
duties. In these situations, safeguards are provided in the contract 
prohibiting the contractor or grantee from using or disclosing the 
information for any purpose other than that described in the contract 
and requiring the contractor or grantee to return or destroy all 
information.
    6. To assist another Federal agency or to an instrumentality of any 
governmental jurisdiction within or under the control of the United 
States (including any state or local governmental agency), that 
administers, or that has the authority to investigate potential fraud, 
waste, or abuse in, a health benefits program funded in whole or in 
part by Federal funds, when disclosure is deemed reasonably necessary 
by CMS to prevent, deter, discover, detect, investigate, examine, 
prosecute, sue with respect to, defend against, correct, remedy, or 
otherwise

[[Page 58624]]

combat fraud, waste, or abuse in such programs.
    Other agencies may require LVRD information for the purpose of 
combating fraud, waste, and abuse in such Federally-funded programs.

B. Additional Provisions Affecting Routine Use Disclosures

    This system contains Protected Health Information (PHI) as defined 
by HHS regulation ``Standards for Privacy of Individually Identifiable 
Health Information'' (45 Code of Federal Regulation Parts 160 and 164, 
65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures of PHI 
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.''
    In addition, our policy will be to prohibit release even of data 
not directly identifiable, except pursuant to one of the routine uses 
or if required by law, if we determine there is a possibility that an 
individual can be identified through implicit deduction based on small 
cell sizes (instances where the population is so small that one could 
use this information to deduce the identity of the individual).

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, HHS, 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, HHS, and CMS policies and 
standards include but are not limited to: all pertinent National 
Institute of Standards and Technology publications; the HHS Information 
Systems Program 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.
    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 patients whose data is 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 as a result of maintaining this system.

    Dated: September 19, 2006.
John R. Dyer,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
SYSTEM NUMBER 09-70-0582

System Name:
     ``Low Vision Rehabilitation Demonstration (LVRD)'' HHS/
CMS/ORDI

Security Classification:
    Level 3 Privacy Act Sensitive

System Location:
    This system is maintained at the Centers for Medicare & Medicaid 
Services (CMS) Data Center, 7500 Security Boulevard, North Building, 
First Floor, Baltimore, Maryland 21244-1850, and CMS contractors and 
agents at various locations.

Categories of Individuals Covered by the System:
    The data will be collected and maintained on individual 
beneficiaries receiving the services and who participate in Medicare 
Part B fee-for-service coverage, qualified physicians, such as 
ophthalmologists or optometrists, qualified occupational therapists, 
and certified low vision therapists, orientation and mobility 
specialists, and vision rehabilitation therapists (aka rehabilitation 
teachers) who are certified by the Academy for Certification of Vision 
Rehabilitation Professionals.

Categories of Records in the System:
    The data collected will consist of, but not limited to, clinical 
quality measures collected from physicians participating in the 
demonstration. The collected information will contain provider name, 
unique provider identification number, unique demonstration practice 
identification number, beneficiary health insurance claim number 
(HICN), beneficiary demographic and diagnostic information relevant to 
the project.

Authority For Maintenance Of The System:
    The authority for maintenance of this system is given under the 
provisions of Section 641 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Public Law 108-173), 
enacted into law on December 8, 2003, and amended Title XVIII of the 
Social Security Act.

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of the system is to collect and maintain 
identifiable information on Medicare beneficiaries who participate in 
Medicare Part B fee-for-service coverage, qualified physicians, such as 
ophthalmologists or optometrists, qualified occupational therapists, 
and vision rehabilitation therapists who are certified by the Academy 
for Certification of Vision Rehabilitation Professionals. Information 
retrieved from this system will also be disclosed to: (1) Support 
regulatory, reimbursement, and policy functions performed within the 
agency or by a contractor, consultant, or grantee; (2) assist another 
Federal or state agency with information to enable such agency to 
administer a Federal health benefits program, or to enable such agency 
to fulfill a requirement of Federal statute or regulation that 
implements a health benefits program funded in whole or in part with 
Federal funds; (3) assist an individual or organization for a research 
project or in support of an evaluation project related to the 
prevention of disease or disability, the restoration or maintenance of 
health, or payment related projects; (4) support litigation involving 
the agency; and (5) combat fraud, waste, and abuse in certain health 
benefits programs.

[[Page 58625]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OR USERS AND THE PURPOSES OF SUCH USES:
A. Entities Who May Receive Disclosures Under Routine Use
    The Privacy Act allows 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 compatible use of data is known as a ``routine 
use.'' The proposed routine uses in this system meet the compatibility 
requirement of the Privacy Act. We are proposing to establish the 
following routine use disclosures of information maintained in the 
system:
    1. To support agency contractors, consultants, or grantees who have 
been contracted by the agency to assist in the performance of a service 
related to this system and who need to have access to the records in 
order to perform the activity.
    2. To assist another Federal or state agency to:
    a. Contribute to the accuracy of CMS's proper payment of Medicare 
benefits,
    b. Enable such agency to administer a Federal health benefits 
program, or as necessary to enable such agency to fulfill a requirement 
of a Federal statute or regulation that implements a health benefits 
program funded in whole or in part with Federal funds, and/or
    3. To assist an individual or organization for a research project 
or in support of an evaluation project related to the prevention of 
disease or disability, the restoration or maintenance of health, or 
payment related projects.
    4. To support 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. Aany 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 and that 
the use of such records by the DOJ, court or adjudicatory body is 
compatible with the purpose for which the agency collected the records.
    5. To assist a CMS contractor (including, but not necessarily 
limited to fiscal intermediaries and carriers) that assists in the 
administration of a CMS-administered health benefits program, or to a 
grantee of a CMS-administered grant program, when disclosure is deemed 
reasonably necessary by CMS to prevent, deter, discover, detect, 
investigate, examine, prosecute, sue with respect to, defend against, 
correct, remedy, or otherwise combat fraud, waste, or abuse in such 
program.
    6. To assist another Federal agency or to an instrumentality of any 
governmental jurisdiction within or under the control of the United 
States (including any state or local governmental agency), that 
administers, or that has the authority to investigate potential fraud, 
waste, or abuse in, a health benefits program funded in whole or in 
part by Federal funds, when disclosure is deemed reasonably necessary 
by CMS to prevent, deter, discover, detect, investigate, examine, 
prosecute, sue with respect to, defend against, correct, remedy, or 
otherwise combat fraud, waste, or abuse in such programs.

B. Additional Provisions Affecting Routine Use Disclosures
    This system contains Protected Health Information (PHI) as defined 
by HHS regulation ``Standards for Privacy of Individually Identifiable 
Health Information'' (45 Code of Federal Regulation Parts 160 and 164, 
65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures of PHI 
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.''
    In addition, our policy will be to prohibit release even of data 
not directly identifiable, except pursuant to one of the routine uses 
or if required by law, if we determine there is a possibility that an 
individual can be identified through implicit deduction based on small 
cell sizes (instances where the population is so small that one could 
use this information to deduce the identity of the individual).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    All records are stored on magnetic media.

RETRIEVABILITY:
    Information collected will be retrieved by the name or other 
identifying information of the participating provider, and may also be 
retrievable by HICN at the individual beneficiary record level.

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, HHS, 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. Office of Management and Budget 
Circular A-130, Management of Federal Resources, Appendix III, Security 
of Federal Automated Information Resources also applies. Federal, HHS, 
and CMS policies and standards include but are not limited to: all 
pertinent National Institute of Standards and Technology publications; 
the HHS Information Systems Program Handbook and the CMS Information 
Security Handbook.

RETENTION AND DISPOSAL:
    CMS will retain identifiable information maintained in the LVRD 
system of records for a period of 6 years. Data residing with the 
designated claims payment contractor shall be returned to CMS at the 
end of the project, with all data then being the responsibility of CMS 
for adequate storage and security. All claims-related records are 
encompassed by the document preservation order and will be retained 
until notification is received from the DOJ.

SYSTEM MANAGER AND ADDRESS:
    Director, Research and Evaluation Group, Office of Research 
Development and Information, CMS, 7500 Security Boulevard, Mail stop 
C3-18-07, Baltimore, Maryland, 21244-1850.

[[Page 58626]]

NOTIFICATION PROCEDURE:
    For purpose of access, the subject individual should write to the 
system manager who will require the system name, and for verification 
purposes, the subject individual's name, provider identification 
number, and the patient's medical record 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:
    Information maintained in this system will be collected from 
physicians volunteering to participate in the LVRD Demonstration. 
Additional data will be collected from Medicare claims payment records.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
 [FR Doc. E6-16329 Filed 10-3-06; 8:45 am]
BILLING CODE 4120-03-P