Privacy Act of 1974; United States Coast Guard-017 Federal Medical Care Recovery Act System of Records, 77757-77759 [E8-29800]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77757-77759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29800]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0109]


Privacy Act of 1974; United States Coast Guard--017 Federal 
Medical Care Recovery Act System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of records notices, the Department of Homeland Security 
is giving notice that it proposes to update and reissue the following 
legacy record system DOT/CG 577 Federal Medical Care Recovery Act 
Record System (April 11, 2000) as a Department of Homeland Security 
system of records notice titled United States Coast Guard Federal 
Medical Care Recovery Act. This system will allow the Department of 
Homeland Security/United States Coast Guard to collect and maintain 
Federal Medical Care Recovery Act claims. Categories of individuals, 
categories of records, and the routine uses of this legacy system of 
records notice have been reviewed and updated to better reflect the 
Department of Homeland Security/United States Coast Guard's Federal 
Medical Care Recovery Act record system. This new system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Written comments must be submitted on or before January 20, 
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0109 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change and may be read at https://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket, to read background 
documents, or comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS)/United States Coast 
Guard (USCG) have relied on pre-existing Privacy Act systems of records 
notices for the collection and maintenance of records that concern the 
USCG Federal Medical Care Recovery Act (FMCRA).
    As part of its efforts to streamline and consolidate its record 
systems, DHS/USCG is updating and reissuing a DHS/USCG system of 
records under the Privacy Act (5 U.S.C. 552a) that deals with the 
FMCRA. This record system will allow DHS/USCG to collect and maintain 
records regarding the FMCRA. The collection and maintenance of this 
information will assist DHS/USCG in meeting its obligation to address 
FMCRA claims. FMCRA is a statute that requires DHS/USCG to pursue 
collection actions for medical care provided to its beneficiaries. The 
FMCRA statute allows DHS/USCG to join and start their own action to 
collect for the medical care and lost wages provided to the 
beneficiary.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of records notices, 
DHS is giving notice that it proposes to update and reissue the 
following legacy record system DOT/CG 577 Federal Medical Care Recovery 
Act Record System (65 FR 19475 April 11, 2000) as a DHS/USCG system of 
records notice titled Federal Medical Care Recovery Act. This system 
will allow DHS/USCG to collect and maintain FMCRA claims. Categories of 
individuals and categories of records have been reviewed, and the 
routine uses of this legacy system of records notice have been updated 
to better reflect the DHS/USCG's FMCRA record system. This new system 
will be included in the DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the FMCRA Files System 
of Records.

III. Health Insurance Portability and Accountability Act

    This system of records contains individually identifiable health 
information. The Health Insurance Portability and Accountability Act of

[[Page 77758]]

1996, applies to most of such health information. Department of Defense 
6025.18-R may place additional procedural requirements on the uses and 
disclosures of such information beyond those found in the Privacy Act 
of 1974 or mentioned in this system of records notice.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.
System of Records
DHS/USCG-017

System name:
    United States Coast Guard--017 Federal Medical Care Recovery Act.

Security classification:
    Unclassified.

System location:
    Records are maintained at USCG Headquarters in Washington, DC, in 
field locations, and at USCG health care facilities at which the USCG 
military personnel or eligible dependent receives treatment.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include active 
duty, reserve, and retired active duty, retired reserve, and their 
eligible dependents. Also included are insurance company employees, 
related legal staff, the alleged tortfeasor. Finally, individuals such 
as Search and Rescue victims, employees, volunteers, or others who are 
provided emergency care by the USCG.

Categories of records in the system:
    Categories of records in this system include:
     Military personnel's name;
     Eligible dependent's name;
     Social Security number;
     Gender;
     Date of birth;
     Case number;
     Insurance company's name and representative's name;
     Legal firm's name and legal representative's name;
     Addresses;
     Telephone numbers;
     Correspondence, memoranda, and related documents 
concerning potential and actual FMCRA claims;
     Police reports;
     Witness statements;
     Court documentation;
     Basic contact information for insurance companies, legal 
staff, and tortfeasor;
     Copies of medical and dental treatment provided to the 
individual subject of the claim;
     Copies of medical bills associated with civilian care 
provided at government expense; and
     Automated data processing (ADP) records containing 
identifying data on individuals, unit of assignment and address, home 
address, the amount of the claim, the amount paid to the government on 
the claim, dates of correspondence sent, due dates of reply, claim 
number, date claim opened, and date claim closed.

Authority for maintenance of the system:
    5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 14 U.S.C. 
632.; 10 U.S.C. 1095, Uniformed Services Medical and Dental Care; 42 
U.S.C. 2651 et seq., Federal Medical Care Recovery Act. 3 CFR 25.131, 
133.

Purpose(s):
    The purpose of this system is to collect and maintain FMCRA claims 
for the government.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:

    Note: For records of identity, diagnosis, prognosis, or 
treatment of any client/patient, irrespective of whether or when he/
she ceases to be a client/patient, maintained in connection with the 
performance of any alcohol or drug abuse prevention and treatment 
function conducted, requested, or directly or indirectly assisted by 
any department or agency of the United States, shall, except as 
provided therein, be confidential and be disclosed only for the 
purposes and under circumstances expressly authorized in 42 U.S.C. 
290dd-2. The results of a drug test of civilian employees may be 
disclosed only as expressly authorized under 5 U.S.C. 7301. These 
statutes take precedence over the Privacy Act of 1974 to the extent 
that disclosure is more limited. The Routine Uses set forth below do 
not apply to this information. However, access to the record by the 
individual to whom the record pertains is governed by the Privacy 
Act.

    A. To medical personnel to the extent necessary to meet a bona fide 
medical emergency;
    B. To qualified personnel for the purpose of conducting scientific 
research, management audits, financial audits, or program evaluation 
provided that employees are individually identified;
    C. To the employee's medical review official;
    D. To the administrator of any Employee Assistance Program in which 
the employee is receiving counseling or treatment or is otherwise 
participating;
    E. To any supervisory or management official within the employee's 
agency having authority to take adverse personnel action against such 
employee; or
    F. Pursuant to the order of a court of competent jurisdiction where 
required by the United States Government to defend against any 
challenge against any adverse personnel action. See 42 U.S.C. 290dd, 
290ee, and Public Law 100-71, Section 503(e).

    Note: For all other records besides those noted above, this 
system of records contains individually identifiable health 
information. The Health Insurance Portability and Accountability Act 
of 1996 applies to most of such health information. Department of 
Defense 6025.18-R may place additional procedural requirements on 
the uses and disclosures of such information beyond those found in 
the Privacy Act of 1974 or mentioned in this system of records 
notice. Therefore, routine uses outlined below may not apply to such 
health information.

    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records of 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such

[[Page 77759]]

information as is necessary and relevant to such audit or oversight 
function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To attorneys and insurance companies involved in settling and 
litigating claims pursuant to Health Information Portability and 
Accountability Act.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Name, social security number, case number, or address of military 
personnel or eligible dependent. Records can also be retrieved by 
attorney's or other parties' names.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

Retention and disposal:
    Records are retained at USCG Headquarters for 2 years; transferred 
to a Federal Records Center and retained for an additional 4 years, for 
a total of 6 years, and destroyed thereafter. (AUTH: GRS 1, Item 19.)

System Manager and address:
    Human Resources Management, United States Coast Guard, 
Headquarters, 2100 2nd Street, SW., Washington, DC 20593-0001.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to Human Resources Management, United 
States Coast Guard, Headquarters, 2100 2nd Street, SW., Washington, DC 
20593-0001.
    When seeking records about yourself from this system of records or 
any other USCG system of records your request must conform with the 
Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Director, 
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the USCG may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    From the individual, or if a minor, the parent or guardian, and 
witnesses. Medical facilities (USCG, Department of Defense, Uniformed 
Services Treatment Facility, or Civilian Facility) where beneficiaries 
are treated. Injury investigations. Attorneys and insurance companies 
involved in the claim.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29800 Filed 12-18-08; 8:45 am]
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