Privacy Act of 1974; System of Records, 34398-34402 [E9-16751]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34398-34402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16751]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending the system of records currently entitled ``Health 
Administration Center Civilian Health and Medical Program Records--VA'' 
(54VA16) as set forth in the Federal Register 68 FR 53784. VA is 
amending the system of records by revising the System Location; 
Categories of Individuals Covered by the System; Routine Uses of 
Records Maintained in the System, Including Categories of Users and the 
Purposes of Such Uses; Safeguards, System Manager(s) and Address; and 
Notification Procedure. VA is republishing the system notice in its 
entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than August 14, 2009. If no public comment is 
received, the amended system will become effective August 14, 2009.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments received will be available for public inspection in the Office 
of Regulation Policy and Management, Room 1063B, between the hours of 8 
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please 
call (202) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: The system location has been amended to 
reflect the address change of the VA Health Administration Center 
(HAC), Denver, Colorado. Categories of Individuals Covered by the 
System has been amended to include dependents of veterans who receive 
community fee for service benefits and to reflect that records are 
maintained on all health care providers who provide care under the 
programs administered by HAC. Routine Uses of Records Maintained in the 
System, including Categories of Users and the Purposes of Such Uses has 
been amended. The introductory paragraph was reworded to indicate 
compliance with VA's statutory requirements governing confidentiality 
of certain medical records.
    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for

[[Page 34399]]

a purpose that is compatible with the purpose for which VA collected 
the information. In all of the routine use disclosures described above, 
the recipient of the information will use the information in connection 
with a matter relating to one of VA's programs, or to provide a benefit 
to VA, or disclosure is required by law.
    Additional language was added in the Safeguards section to clarify 
how types of records are controlled at the Health Administration 
Center. The system manager(s) and address has been updated to reflect 
the correct title for the official responsible for policies and 
procedures and the new address for the Health Administration Center. 
The new address is also reflected in the paragraph on Notification 
Procedure.
    The Report of Intent to Amend a System of Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
Congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
    Routine use 25 was added to disclose identifying information, 
including social security number, of veterans, spouse(s) of veterans, 
and dependents of veterans, may be disclosed to other Federal agencies 
for purposes of conducting computer matches, to obtain information to 
determine or verify eligibility of veterans who are receiving VA 
medical care under relevant sections of Title 38, U.S.C. This routine 
use has been added to allow VA to conduct computer matching activities 
with other Federal agencies where necessary to assist VA in determining 
or verifying eligibility for certain benefits.
    Routine use 26 was added to disclose information to other Federal 
agencies that may be made to assist such agencies in preventing and 
detecting possible fraud or abuse by individuals in their operations 
and programs. This routine use permits disclosures by the Department to 
report a suspected incident of identity theft and provide information 
and/or documentation related to or in support of the reported incident.
    Routine use 27 was added so that VA may, on its own initiative, 
disclose any information or records to appropriate agencies, entities, 
and persons when (1) VA suspects or has confirmed that the integrity 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 embarrassment or 
harm to the reputations of the record subjects, harm to economic or 
property interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

    Approved: June 26, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
54VA16

SYSTEM NAME:
    ``Health Administration Center Civilian Health and Medical Program 
Records--VA.''

SYSTEM LOCATION:
    Records are maintained at the Health Administration Center (HAC), 
3773 Cherry Creek North Drive, Denver, Colorado 80209.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by the system include the 
following:
    1. Dependents of veterans who seek health care under 38 U.S.C. 
1781, 1802, 1803, 1813 and Public Law 103-446, section 107.
    2. Veterans seeking health care services in a foreign country under 
38 U.S.C. 1724.
    3. Veterans or dependents receiving community fee for service 
benefits at VA expense under Title 38 U.S.C 1703, 1725 and 1728.
    4. Health care providers treating individuals who receive care 
under 38 U.S.C. 1703, 1724, 1725, 1728, 1781, 1803, 1813, and Public 
Law 103-446 section 107.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in the system include medical benefit 
application and eligibility information concerning the veteran and, 
when applicable, their spouse and/or dependent(s), other health 
insurance information, correspondence concerning individuals and 
documents pertaining to claims for medical services, information 
related to claims processing and third party liability recovery actions 
taken by VA and/or TRICARE. The record may include the name, address 
and other identifying information concerning health care providers, 
services provided, amounts claimed and paid for health care services, 
medical records, and treatment and payment dates. Additional 
information may include veteran, spouse and/or dependent identifying 
information (e.g., name, address, social security number, VA claims 
file number, date of birth), and military service information 
concerning the veteran sponsor (e.g., dates, branch and character of 
service, medical information).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, sections 501(a), 501(b), 1703, 1724, 
1725, 1728, 1781, 1802, 1803, 1813, and Public Law 103-446 section 107.

PURPOSE(S):
    Records may be used for purposes of establishing and monitoring 
eligibility to receive VA benefits and processing medical claims for 
payment for eligible beneficiaries and veterans.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by 45 CFR Parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR Parts 160 and 164 permitting disclosure.
    1. Eligibility and claim information from this system of records 
may be disclosed verbally or in writing. For example, disclosure may be 
made via correspondence, call service center or by interactive Web 
page, in response to an inquiry made by the claimant, claimant's 
guardian, claimant's next of kin or person with whom the claimant has a 
meaningful relationship, health care provider, trading partner or 
contractor. Purposes of these disclosures are to assist the provider or 
claimant in obtaining reimbursement for claimed medical services, to 
facilitate billing processes, to verify beneficiary eligibility for 
requested services, and to provide payment information regarding

[[Page 34400]]

claimed services. Eligibility or entitlement information disclosed may 
include the name, authorization number (social security number), 
effective dates of eligibility, reasons for any period of 
ineligibility, and other health insurance information of the named 
individual. Claim information disclosed may include payment information 
such as payment identification number, date of payment, date of 
service, amount billed, amount paid, name of payee, or reasons for non-
payment.
    2. Statistical and other data to Federal, State, and local 
government agencies and national health organizations to assist in the 
development of programs that will be beneficial to health care 
recipients, to protect their rights under the law, and to ensure that 
they are receiving all health benefits to which they are entitled.
    3. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal or regulatory in nature, and 
whether arising by general or program statute or by regulation, rule or 
order issued pursuant thereto, to a Federal, State, local, Tribal, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule or order. On its own initiative, VA may 
also disclose the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal or regulatory violations of law, or charged 
with enforcing or implementing the statute, regulation, rule or order 
issued pursuant thereto.
    4. A record from this system of records may be disclosed to a 
Federal agency upon its request for use in the issuance of a security 
clearance, the investigation of an employee, the letting of a contract, 
or the issuance of a license, grant or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting Agency's decision on the matter.
    5. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual.
    6. Disclosure may be made to National Archives and Records 
Administration and to General Services Administration in records 
management inspections conducted under authority of 44 U.S.C.
    7. Any relevant information in this system of records may be 
disclosed to attorneys, insurance companies, employers, and to courts, 
boards, or commissions; such disclosures may be made only to the extent 
necessary to aid the VA in preparation, presentation, and prosecution 
of claims authorized under Federal, State, or local laws, and 
regulations promulgated thereunder.
    8. Any information in this system of records may be disclosed to 
the United States Department of Justice or United States Attorneys in 
order to prosecute or defend litigation involving or pertaining to the 
United States, or in which the United States has an interest.
    9. Any information in this system of records may be disclosed to a 
Federal agency or party to an administrative proceeding being conducted 
by a Federal agency, in order for VA to respond to and comply with the 
issuance of an order by that Federal agency requiring production of the 
information.
    10. Any information in this system of records may be disclosed to a 
State or municipal grand jury, a State or municipal court or a party in 
litigation, or to a State or municipal administrative agency 
functioning in a quasi-judicial capacity or a party to a proceeding 
being conducted by such agency, provided that any disclosure of 
claimant information made under this routine use must comply with the 
provisions of 38 CFR 1.511.
    11. Any information concerning the claimant's indebtedness to the 
United States by virtue of a person's participation in a benefits 
program administered by VA, including personal information obtained 
from other Federal agencies through computer matching programs, may be 
disclosed to any third party, except consumer reporting agencies, in 
connection with any proceeding for the collection of any amount owed to 
the United States. Purposes of these disclosures may be to assist VA in 
collection of costs of services provided individuals not entitled to 
such services and to initiate legal actions for prosecuting individuals 
who willfully or fraudulently obtain Title 38 benefits without 
entitlement. This disclosure is consistent with 38 U.S.C. 5701(b)(6).
    12. Any relevant information from this system of records may be 
disclosed to TRICARE, the Department of Defense (DoD) and the Defense 
Eligibility Enrollment Reporting System (DEERS) to the extent necessary 
to determine eligibility for the Civilian Health and Medical Program of 
the Department of Veterans Affairs (CHAMPVA) or TRICARE benefits, to 
develop and process CHAMPVA or TRICARE claims, and to develop cost-
recovery actions for claims involving individuals not eligible for the 
services or claims involving potential third party liability.
    13. The name and address of a veteran or dependent, and other 
information as is reasonably necessary to identify such individual, may 
be disclosed to a consumer reporting agency for the purpose of locating 
the individual or obtaining a consumer report to determine the ability 
of the individual to repay an indebtedness to the United States by 
virtue of the individual's participation in a benefits program 
administered by VA, provided that the requirements of 38 U.S.C. 
5701(g)(2) have been met.
    14. The name and address of a veteran or dependent, and other 
information as is reasonably necessary to identify such individual, 
including personal information obtained from other Federal agencies 
through computer matching programs, and any information concerning the 
individual's indebtedness to the United States by virtue of the 
individual's participation in a benefits program administered by VA, 
may be disclosed to a consumer reporting agency for purposes of 
assisting in the collection of such indebtedness, provided that the 
requirements of 38 U.S.C. 5701(g)(4) have been met.
    15. In response to an inquiry about a named individual from a 
member of the general public, disclosure of information may be made 
from this system of records to report the amount of VA monetary 
benefits being received by the individual. This disclosure is 
consistent with 38 U.S.C. 5701(c)(1).
    16. The name and address of a veteran or dependent may be disclosed 
to another Federal agency or to a contractor of that agency, at the 
written request of the head of that agency or designee of the head of 
that agency, for the purpose of conducting government research 
necessary to accomplish a statutory purpose of that agency.
    17. Any information in this system of records relevant to a claim 
of a veteran or dependent, such as the name, address, the basis and 
nature of a claim, amount of benefit payment information, medical 
information and military service and active duty separation information 
may be disclosed at the request of the claimant to accredited service 
organizations, VA approved claim agents and attorneys acting under a 
declaration of representation, so that these individuals can aid 
claimants in the preparation, presentation and prosecution of claims 
under the laws administered by VA. The name and

[[Page 34401]]

address of a claimant will not, however, be disclosed to these 
individuals under this routine use if the claimant has not requested 
the assistance of the accredited service organization, claims agent or 
an attorney.
    18. Any information in this system, including medical information, 
the basis and nature of claim, the amount of benefits and personal 
information may be disclosed to a VA Federal fiduciary or a guardian ad 
litem in relation to his or her representation of a claimant only to 
the extent necessary to fulfill the duties of the VA Federal fiduciary 
or the guardian ad litem.
    19. The individual's name, address, social security number and the 
amount (excluding interest) of any indebtedness which is waived under 
38 U.S.C. 3102, compromised under 4 CFR Part 103, otherwise forgiven, 
or for which the applicable statute of limitations for enforcing 
collection has expired, may be disclosed to the Treasury Department, 
Internal Revenue Service, as a report of income under 26 U.S.C. 
61(a)(12).
    20. The name of a veteran or dependent, other information as is 
reasonably necessary to identify such individual, and any other 
information concerning the individual's indebtedness by virtue of a 
person's participation in a benefits program administered by VA, may be 
disclosed to the Treasury Department, Internal Revenue Service, for the 
collection of Title 38, U.S.C. benefit overpayments, overdue 
indebtedness, and/or costs of services provided to an individual not 
entitled to such services, by the withholding of all or a portion of 
the person's Federal income tax refund.
    21. The name, date of birth and social security number of a 
veteran, spouse or dependent, and other identifying information as is 
reasonably necessary may be disclosed to Social Security Administration 
and Centers for Medicare & Medicaid Services, Department of Health and 
Human Services, for the purpose of validating social security numbers 
and Medicare information.
    22. The name and address of any health care provider in this system 
of records who has received payment for claimed services on behalf of a 
veteran and beneficiary may be disclosed in response to an inquiry from 
a member of the general public who requests assistance in locating 
medical providers who accept VA payment for health care services.
    23. Relevant information from this system of records may be 
disclosed to individuals, organizations, private or public agencies, 
etc., with whom VA has a contract or agreement to perform such services 
as VA may deem practicable for the purposes of laws administered by VA 
in order for the contractor or subcontractor to perform the services of 
the contract or agreement.
    24. Relevant information from this system of records may be 
disclosed to an accrediting Quality Review and Peer Review Organization 
in connection with the review of claims or other review activities 
associated with VA Health Administration Center accreditation to 
professionally accepted claims processing standards.
    25. Identifying information, including social security number, of 
veterans, spouse(s) of veterans, and dependents of veterans, may be 
disclosed to other Federal agencies for purposes of conducting computer 
matches, to obtain information to determine or verify eligibility of 
veterans who are receiving VA medical care under relevant sections of 
Title 38, U.S.C.
    26. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    27. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity 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 embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored electronically, in paper folders, magnetic 
discs, and magnetic tape. Paper documents may be scanned/digitized and 
stored for viewing electronically.

RETRIEVABILITY:
    Paper records are retrieved by name or VA claims file number or 
social security number of the veteran sponsor. Computer records are 
retrieved by name or social security number of the veteran sponsor, 
spouse, and/or dependent, or VA claims file number of the veteran 
sponsor.

SAFEGUARDS:
    Working spaces and record storage areas at HAC are secured during 
all business and non-business hours. All entrance doors require an 
electronic pass card for entry. The HAC Security Officer issues 
electronic pass cards. HAC staff control visitor entry by door release 
and escort. The building is equipped with an intrusion alarm system 
monitored by HAC security staff during business hours and by a security 
service vendor during non-business hours. Electronic/Digital records 
are stored in an electronic controlled storage filing area. Paper 
records in work areas are stored in locked file cabinets or locked 
rooms. Access to record storage areas is restricted to VA employees on 
a ``need-to-know'' basis. Access to the computer room is generally 
limited by appropriate locking devices and restricted to authorized VA 
employees and vendor personnel. Automated Data Processing (ADP) 
peripheral devices are generally placed in secure areas or are 
otherwise protected. Authorized VA employees may access information in 
the computer system by a series of individually unique passwords/codes.

RETENTION AND DISPOSAL:
    Records are maintained and disposed of in accordance with record 
disposition authority approved by the Archivist of the United States. 
Paper records that are scanned and digitized for viewing electronically 
are destroyed after they have been scanned onto optical disks, and the 
electronic copy determined to be an accurate and complete copy of the 
paper record scanned.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures: Chief Business 
Officer (16), Department of Veterans Affairs, Veterans Health 
Administration, VA

[[Page 34402]]

Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Official 
Maintaining the System: Director, Health Administration Center, 
Department of Veterans Affairs, P.O. Box 469060, Denver, CO 80246-9060.

NOTIFICATION PROCEDURE:
    Any individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request to Director, VA Health Administration Center, 
P.O. Box 469060, Denver, Colorado 80246-9060, or apply in person to the 
Director, VA Health Administration Center, 3773 Cherry Creek North 
Drive, Colorado 80209. Inquiries should include the veteran sponsor's 
full name and social security and VA claims file numbers, and the 
spouse or dependent's name, social security number and return address.

RECORD ACCESS PROCEDURE:
    An individual who seeks access to records maintained under his or 
her name in this system may write or visit the Director, VA Health 
Administration Center.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    The veteran sponsor, spouse and/or dependent, military service 
departments, private medical facilities and health care professionals, 
electronic trading partners, contractors, DoD, TRICARE, DEERS, other 
Federal agencies, VA Regional Offices, Veterans Benefits Administration 
(VBA) automated record systems, and VA Medical Centers.
 [FR Doc. E9-16751 Filed 7-14-09; 8:45 am]
BILLING CODE 8320-01-P