Privacy Act of 1974, 44902-44905 [E9-20910]
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44902
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
Veterans Health Administration. During
the course of providing health care,
VHA collects medical and health
information on veterans. In order to
protect Veterans’ medical or health
information VHA is adding one routine
use to one existing system of records
(147VA16).
Additional Routine Use
The routine use added to 147VA16
would allow VA to conduct computer
matching activities with other Federal
agencies where necessary to assist VA in
determining or verifying eligibility for
certain benefits.
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.
Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Notice of Amendment of Systems of
Records
1. In the system identified as
147VA16, ‘‘Enrollment and Eligibility
Records—VA’’, as set forth in 73 FR
15847–15852, March 25, 2008. One new
routine use is added as follows:
147VA16
SYSTEM NAME:
Enrollment and Eligibility Records—
VA.
*
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
*
*
*
*
*
14. 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.
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[FR Doc. E9–20906 Filed 8–28–09; 8:45 am]
BILLING CODE;P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974
AGENCY:
Department of Veterans Affairs
(VA).
VerDate Nov<24>2008
14:57 Aug 28, 2009
Jkt 217001
ACTION: Notice of Amendment to System
of Records.
SUMMARY: The Privacy Act of 1974 (5
U.S.C. 552a(e)(4)) requires that all
agencies publish in the Federal Register
a notice of the existence and character
of their system of records. Notice is
hereby given that VA is amending the
system of records entitled ‘‘Veteran,
Employee and Citizen Health Care
Facility Investigation Records-VA’’
(32VA00) as set forth in the Federal
Register (58 FR 40852) dated July 30,
1993. VA is amending the system by
revising the System Number, Routine
Uses of Records Maintained in the
System and System Manager and
Address. 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 September 30, 2009. If no
public comment is received, the
amended system will become effective
September 30, 2009.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery 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:
Stephania H. Putt, Veterans Health
Administration (VHA) Privacy Officer
(19F2), Department of Veterans Affairs,
810 Vermont Avenue, NW.,
Washington, DC 20420, (704) 245–2492.
SUPPLEMENTARY INFORMATION: The
System number is changed from
32VA00 to 32VA10Q to reflect the
current organizational alignment.
Routine use 14 was added for the VA
to disclose information from this system
of records to the Department of Justice
(DoJ), either on VA’s initiative or in
response to DoJ’s request for the
information, after either VA or DoJ
determines that such information is
relevant to DoJ’s representation of the
United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
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each case, the agency also determines
prior to disclosure that release of the
records to the DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of the records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
Routine use 15 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 16 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.
Routine uses 17 was added to disclose
relevant information made to
individuals, organizations, private or
public agencies, or other entities with
whom VA has a contract or agreement
or where there is a subcontract to
perform such services as VA may deem
practicable for the purposes of laws
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
administered by VA, in order for the
contractor or subcontractor to perform
the services of the contract or
agreement. This routine use is being
added to allow for the disclosure of
information to contractors when
performing an agency function. VA
must be able to share information with
contractors.
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.
Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
32VA10Q
Veteran, Employee and Citizen Health
Care Facility Investigation Records-VA
SYSTEM LOCATION(S):
Records are maintained at each of the
VA health care facilities. Address
locations are listed in VA Appendix 1
at the end of this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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CATEGORIES OF RECORDS IN THE SYSTEM:
Copies of reports of investigations,
findings, and follow-up concerning
employees, patients and private
citizens, injuries, property damage,
accidents, thefts, assaults,
discrimination, complaints, elopements,
unethical conduct, etc.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Chapter
3, Section 210(c)(1), and Title 38,
United States Code, Chapter 57, Section
3311.
PURPOSE(S):
SYSTEM NAME:
1. Veterans, employees and private
citizens who have been injured as a
result of accident or assault.
2. Veterans who have died as a result
of violence or accident, such as, suicide,
homicide, reaction to anesthesia or
drugs, assault, transfusion accident,
blood incompatibility, error in
treatment, neglect of patient, fire,
firearms, explosion, etc.
3. Employees and private citizens
who have died as a result of violence or
accident.
4. Veterans who have left the health
care facility without authorization.
5. Veterans, employees and private
citizens who have alleged the loss of
personal property, funds or valuables.
6. Veterans and private citizens who
have alleged abuse by members of the
health care facility staff.
7. Employees who have alleged
discrimination, abuse or threats of
violence by other employees, Veterans
and private citizens.
8. Veterans, employees and visitors
who have assaulted other individuals.
9. Veterans, employees or private
citizens who have been involved in the
sale of illegal drugs or alcohol within
the health care facility.
10. Veterans, employees and private
citizens who have been accused of
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stealing from other individuals or from
the VA health care facility.
11. Employees who have been
accused of improper and unethical
conduct.
12. Veterans, employees and private
citizens who have willfully or
accidentally destroyed or damaged
Federal property.
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Jkt 217001
The purpose of this system of records
is to conduct statistical studies and
analyses which will support the
formulation of Departmental policies
and plans by identifying the total
current health care usage of the VA
patient population. The records and
information may be used by VA for
audit and evaluation of Department
programs and for determinations of
eligibility for benefits. The information
may be used to conduct research.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
VA may disclose protected health
information pursuant to the following
routine uses where required by law, or
required or permitted by 45 CFR Parts
160 and 164.
1. Transfer of required information to
private insurance companies to
determine whether payments of benefits
are appropriate and determine liability.
2. Transfer of required information to
local and State unemployment agencies
to determine whether payments of
benefits are appropriate.
3. Transfer of required information to
the Office of Workers Compensation
Program to determine whether
payments of benefits are appropriate.
4. Transfer of required information to
attorneys representing employees,
Veterans or private citizens accused of
unethical conduct to assist attorneys in
representing their clients.
5. In the event that a system of records
maintained by this agency to carry out
its functions indicates a violation or
potential violation of law, whether civil,
criminal or regulatory in nature, and
whether arising by general statute or
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44903
particular program statute, or by
regulation, rule or order issued pursuant
thereto, the relevant records in the
system of records may be referred, as a
routine use, to the appropriate agency,
whether Federal, State, local or foreign,
charged with the responsibility of
investigating or prosecuting such
violation or charged with enforcing or
implementing the statute, or rule,
regulation or order issued pursuant
thereto.
6. A record from this system of
records may be disclosed to a Federal
agency, in response to its request, in
connection with the hiring or retention
of an employee, the issuance of a
security clearance, the reporting of an
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.
7. A record from this system of
records may be disclosed as a routine
use to a Federal, State or local agency
maintaining civil, criminal or other
relevant information, such as current
licenses, if necessary to obtain
information relevant to an agency
decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the letting of a
contract, or the issuance of a license,
grant or other health, educational or
welfare benefit.
8. Relevant information from this
system of records, including the nature
and amount of a financial obligation,
may be disclosed as a routine use, in
order to assist the Veterans
Administration in the collection of
unpaid financial obligations owed the
VA, to a debtor’s employing agency or
commanding officer so that the debtoremployee may be counseled by his or
her Federal employer or commanding
officer. This purpose is consistent with
5 U.S.C. 55l4, 4 CFR 102.5, and section
206 of Executive Order 11222 of May 8,
1965 (30 FR 6469).
9. 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.
10. Disclosure may be made to NARA
(National Archives and Records
Administration) GSA (General Services
Administration) in records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
11. Records from this system of
records may be disclosed to a Federal
Agency or to a State or local government
licensing board and/or to the Federation
of State Medical Boards or a similar
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44904
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
nongovernment entity which maintains
records concerning individuals’
employment histories or concerning the
issuance, retention or revocation of
licenses, certifications, or registration
necessary to practice an occupation,
profession or specialty, in order for the
Agency to obtain information relevant to
an Agency decision concerning the
hiring, retention or termination of an
employee or to inform a Federal Agency
or licensing boards or the appropriate
nongovernment entities about the health
care practices of a terminated, resigned
or retired health care employee whose
professional health care activity so
significantly failed to conform to
generally accepted standards of
professional medical practice as to raise
reasonable concern for the health and
safety of patients in the private sector or
from another Federal Agency. These
records may also be disclosed as part of
an ongoing computer matching program
to accomplish these purposes.
12. Identifying information in this
system, including name, address, social
security number and other information
as is reasonably necessary to identify
such individual, may be disclosed to the
National Practitioner Data Bank at the
time of hiring or clinical privileging/
reprivileging of health care
practitioners, and other times as deemed
necessary by VA, in order for VA to
obtain information relevant to a
Department decision concerning the
hiring, privileging/reprivileging,
retention or termination of the applicant
or employee.
13. Relevant information from this
system of records may be disclosed to
the National Practitioner Data Bank
and/or State Licensing Board in the
State(s) in which a practitioner is
licensed, in which the VA facility is
located, or in which an act or omission
occurred upon which a medical
malpractice claim was based when VA
reports information concerning: (1) Any
payment for the benefit of a physician,
dentist, or other licensed health care
practitioner which was made as the
result of a settlement or judgment of a
claim of medical malpractice if an
appropriate determination is made in
accordance with agency policy that
payment was related to substandard
care, professional incompetence or
professional misconduct on the part of
the individual; (2) a final decision
which relates to possible incompetence
or improper professional conduct that
adversely affects the clinical privileges
of a physician or dentist for a period
longer than 30 days; or, (3) the
acceptance of the surrender of clinical
privileges or any restriction of such
privileges by a physician or dentist
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14:57 Aug 28, 2009
Jkt 217001
either while under investigation by the
health care entity relating to possible
incompetence or improper professional
conduct, or in return for not conducting
such an investigation or proceeding.
These records may also be disclosed as
part of a computer matching program to
accomplish these purposes.
14. VA may disclose information from
this system of records to the Department
of Justice (DoJ), either on VA’s initiative
or in response to DoJ’s request for the
information, after either VA or DoJ
determines that such information is
relevant to DoJ’s representation of the
United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of the records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
15. 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.
16. 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
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protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
17. Disclosure of relevant information
may be made to individuals,
organizations, private or public
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper documents and Photographs.
RETRIEVABILITY:
Alphabetically by name.
SAFEGUARDS:
Physical Security: Access to VA
working space and medical record
storage areas are restricted to VA
employees on a ‘‘need to know’’ basis.
Generally, VA file areas are locked after
normal duty hours and are protected
from outside access by the Federal
Protective Service.
Employee file records and file records
of public figures or otherwise sensitive
medical record files are stored in
separate locked files. Strict control
measures are enforced to ensure that
disclosure is limited to a ‘‘need to
know’’ basis.
RETENTION AND DISPOSAL:
Disposed of 2 years after case is
closed.
SYSTEM MANAGER AND ADDRESS:
Chief Officer, Office of Quality and
Performance (10Q), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420.
NOTIFICATION PROCEDURE:
Individuals seeking information
concerning the existence and content of
a record pertaining to themselves must
submit a written request or apply in
person to the appropriate VA health
care facility. All inquiries must
reasonably identify the incident
involved and date of the incident.
Inquiries should include the
individual’s full name and return
address.
RECORDS ACCESS PROCEDURES:
Veterans, employees and private
citizens or duly authorized
representatives seeking information
regarding access to and contesting of VA
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records may write, call or visit the
appropriate VA health care facility.
CONTESTING RECORD PROCEDURES:
(See Records Access Procedures
above.)
RECORD SOURCE CATEGORIES:
1. Veterans.
2. Employees of a VA health care
facility.
3. Other VA health care facilities,
private physicians and dentists, or
private hospitals and clinics.
4. Private citizens involved in the
incident.
5. Federal, State, local and foreign law
enforcement agencies.
6. Private insurance companies.
[FR Doc. E9–20910 Filed 8–28–09; 8:45 am]
BILLING CODE 8320–01–P
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
‘‘Non-VA Fee Basis Records—VA
(23VA163), as set forth in 67 FR 61205–
61209, September 27, 2002. VA is
amending the system by revising the
paragraphs for System Number, System
Location, Categories of Individuals
Covered by the System, Categories of
Records in the System, Authority for
Maintenance of the System; Purpose(s),
Routine Uses or Records Maintained in
the System, Including Categories of
Users and the Purposes of Such Uses,
System Manager(s) and Address; and,
Record Source Categories. 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 September 30, 2009. If no
public comment is received, the
amended system will become effective
September 30, 2009.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery 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.
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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: VA is
renumbering the system of records from
23VA163 to 23VA16 to reflect
organizational changes in the
Department. The system location has
been redescribed to include records that
will be maintained at the VA Health
Administration Center, Denver,
Colorado upon processing of electronic
fee basis claim transactions. A statement
is added clarifying that electronic
images of Fee claims may be maintained
at field facilities and at the VA Financial
Service Center, Austin, Texas. Reference
to Veterans Benefits Administration
(VBA) Regional Directors and Division
Offices has been deleted as a system
location site as no information from this
system of records is maintained at those
offices.
The Categories of Individuals Covered
by the System has been amended to
update legal citations. The authority for
maintenance of the system has been
amended to provide updated references.
The Categories of Records in the
System was amended to further explain
the personal information contained in
the system. Additional information was
added to explain claim data information
necessary to properly consider claims
for payment, correspondence
concerning individuals and documents
pertaining to claims for medical
services, reasons for denial of payment
and appellate determinations.
The Purpose has been updated to
reflect VA’s reasons for maintaining this
system of records, including
establishing and monitoring of
eligibility for and payment of non-VA
health care services.
Policies and practices for storing,
retrieving, accessing, retaining, and
disposing of records in the system has
been amended by removing specific
references to automated system
nomenclature and deleting references to
Veterans Benefit Administration offices.
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44905
Additional statements were added to
describe the records stored at the Health
Administration Center, ways to retrieve
the information at the Allocation
Resource Center, and to provide notice
that paper documents may be destroyed
following imaging. The organizational
name for Regional Directors and
Division Offices has been updated to
reflect its current title, Veterans
Integrated Service Networks.
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 location of the national
fee office. The Record Source Categories
has been revised to identify the name of
each Federal agency that is a source of
information to the record system and
removing reference to their Privacy Act
system of records as the source.
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 the Health Insurance
Portability and Accountability Act
requirements and VA’s statutory
requirements governing confidentiality
of certain medical records.
Routine use one (1) has been amended
by deleting the provision to release
information to foreign government
agencies. Routine uses four (4) and five
(5) have been consolidated and
amended with the addition of disclosing
information to the Department of the
Treasury for the purpose of debt
collection. Routine uses 6 through 12
have been renumbered as routine uses 5
to 11. Renumbered routine use 9 has
been amended to allow VA to disclose
to the billing or collection agents of nonVA health care providers for payment
purposes. Routine use thirteen (13) has
been renumbered as routine use twelve
(12) and amended to permit disclosure
of payment information to any other
Federal agency for the purpose of
identifying and collecting duplicate
payments potentially made for the same
services. Routine use fourteen (14) has
been renumbered as routine use thirteen
(13).
New routine use statements 14
through 29 have been added to permit
disclosure of information to Federal
agencies and other parties for the
described purposes:
• Routine use fourteen (14) authorizes
disclosure of information to attorneys,
insurance companies, employers,
boards, or commissions when needed to
aid VA in the preparation, presentation,
and prosecution of claims authorized
under law and regulation. This routine
use is necessary in order for VA to
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44902-44905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20910]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of Amendment to System of Records.
-----------------------------------------------------------------------
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that
all agencies publish in the Federal Register a notice of the existence
and character of their system of records. Notice is hereby given that
VA is amending the system of records entitled ``Veteran, Employee and
Citizen Health Care Facility Investigation Records-VA'' (32VA00) as set
forth in the Federal Register (58 FR 40852) dated July 30, 1993. VA is
amending the system by revising the System Number, Routine Uses of
Records Maintained in the System and System Manager and Address. 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 September 30, 2009. If no public comment is
received, the amended system will become effective September 30, 2009.
ADDRESSES: Written comments may be submitted through
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: Stephania H. Putt, Veterans Health
Administration (VHA) Privacy Officer (19F2), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (704) 245-2492.
SUPPLEMENTARY INFORMATION: The System number is changed from 32VA00 to
32VA10Q to reflect the current organizational alignment.
Routine use 14 was added for the VA to disclose information from
this system of records to the Department of Justice (DoJ), either on
VA's initiative or in response to DoJ's request for the information,
after either VA or DoJ determines that such information is relevant to
DoJ's representation of the United States or any of its components in
legal proceedings before a court or adjudicative body, provided that,
in each case, the agency also determines prior to disclosure that
release of the records to the DoJ is a use of the information contained
in the records that is compatible with the purpose for which VA
collected the records. VA, on its own initiative, may disclose records
in this system of records in legal proceedings before a court or
administrative body after determining that the disclosure of the
records to the court or administrative body is a use of the information
contained in the records that is compatible with the purpose for which
VA collected the records.
Routine use 15 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 16 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.
Routine uses 17 was added to disclose relevant information made to
individuals, organizations, private or public agencies, or other
entities with whom VA has a contract or agreement or where there is a
subcontract to perform such services as VA may deem practicable for the
purposes of laws
[[Page 44903]]
administered by VA, in order for the contractor or subcontractor to
perform the services of the contract or agreement. This routine use is
being added to allow for the disclosure of information to contractors
when performing an agency function. VA must be able to share
information with contractors.
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.
Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
32VA10Q
SYSTEM NAME:
Veteran, Employee and Citizen Health Care Facility Investigation
Records-VA
SYSTEM LOCATION(S):
Records are maintained at each of the VA health care facilities.
Address locations are listed in VA Appendix 1 at the end of this
document.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. Veterans, employees and private citizens who have been injured
as a result of accident or assault.
2. Veterans who have died as a result of violence or accident, such
as, suicide, homicide, reaction to anesthesia or drugs, assault,
transfusion accident, blood incompatibility, error in treatment,
neglect of patient, fire, firearms, explosion, etc.
3. Employees and private citizens who have died as a result of
violence or accident.
4. Veterans who have left the health care facility without
authorization.
5. Veterans, employees and private citizens who have alleged the
loss of personal property, funds or valuables.
6. Veterans and private citizens who have alleged abuse by members
of the health care facility staff.
7. Employees who have alleged discrimination, abuse or threats of
violence by other employees, Veterans and private citizens.
8. Veterans, employees and visitors who have assaulted other
individuals.
9. Veterans, employees or private citizens who have been involved
in the sale of illegal drugs or alcohol within the health care
facility.
10. Veterans, employees and private citizens who have been accused
of stealing from other individuals or from the VA health care facility.
11. Employees who have been accused of improper and unethical
conduct.
12. Veterans, employees and private citizens who have willfully or
accidentally destroyed or damaged Federal property.
Categories of records in the system:
Copies of reports of investigations, findings, and follow-up
concerning employees, patients and private citizens, injuries, property
damage, accidents, thefts, assaults, discrimination, complaints,
elopements, unethical conduct, etc.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Chapter 3, Section 210(c)(1), and
Title 38, United States Code, Chapter 57, Section 3311.
PURPOSE(S):
The purpose of this system of records is to conduct statistical
studies and analyses which will support the formulation of Departmental
policies and plans by identifying the total current health care usage
of the VA patient population. The records and information may be used
by VA for audit and evaluation of Department programs and for
determinations of eligibility for benefits. The information may be used
to conduct research.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or permitted
by 45 CFR Parts 160 and 164.
1. Transfer of required information to private insurance companies
to determine whether payments of benefits are appropriate and determine
liability.
2. Transfer of required information to local and State unemployment
agencies to determine whether payments of benefits are appropriate.
3. Transfer of required information to the Office of Workers
Compensation Program to determine whether payments of benefits are
appropriate.
4. Transfer of required information to attorneys representing
employees, Veterans or private citizens accused of unethical conduct to
assist attorneys in representing their clients.
5. In the event that a system of records maintained by this agency
to carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant records
in the system of records may be referred, as a routine use, to the
appropriate agency, whether Federal, State, local or foreign, charged
with the responsibility of investigating or prosecuting such violation
or charged with enforcing or implementing the statute, or rule,
regulation or order issued pursuant thereto.
6. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an 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.
7. A record from this system of records may be disclosed as a
routine use to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefit.
8. Relevant information from this system of records, including the
nature and amount of a financial obligation, may be disclosed as a
routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee may
be counseled by his or her Federal employer or commanding officer. This
purpose is consistent with 5 U.S.C. 55l4, 4 CFR 102.5, and section 206
of Executive Order 11222 of May 8, 1965 (30 FR 6469).
9. 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.
10. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
11. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/or
to the Federation of State Medical Boards or a similar
[[Page 44904]]
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
Agency to obtain information relevant to an Agency decision concerning
the hiring, retention or termination of an employee or to inform a
Federal Agency or licensing boards or the appropriate nongovernment
entities about the health care practices of a terminated, resigned or
retired health care employee whose professional health care activity so
significantly failed to conform to generally accepted standards of
professional medical practice as to raise reasonable concern for the
health and safety of patients in the private sector or from another
Federal Agency. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes.
12. Identifying information in this system, including name,
address, social security number and other information as is reasonably
necessary to identify such individual, may be disclosed to the National
Practitioner Data Bank at the time of hiring or clinical privileging/
reprivileging of health care practitioners, and other times as deemed
necessary by VA, in order for VA to obtain information relevant to a
Department decision concerning the hiring, privileging/reprivileging,
retention or termination of the applicant or employee.
13. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State Licensing
Board in the State(s) in which a practitioner is licensed, in which the
VA facility is located, or in which an act or omission occurred upon
which a medical malpractice claim was based when VA reports information
concerning: (1) Any payment for the benefit of a physician, dentist, or
other licensed health care practitioner which was made as the result of
a settlement or judgment of a claim of medical malpractice if an
appropriate determination is made in accordance with agency policy that
payment was related to substandard care, professional incompetence or
professional misconduct on the part of the individual; (2) a final
decision which relates to possible incompetence or improper
professional conduct that adversely affects the clinical privileges of
a physician or dentist for a period longer than 30 days; or, (3) the
acceptance of the surrender of clinical privileges or any restriction
of such privileges by a physician or dentist either while under
investigation by the health care entity relating to possible
incompetence or improper professional conduct, or in return for not
conducting such an investigation or proceeding. These records may also
be disclosed as part of a computer matching program to accomplish these
purposes.
14. VA may disclose information from this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the information, after either VA or DoJ determines
that such information is relevant to DoJ's representation of the United
States or any of its components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines prior to disclosure that release of the records to the DoJ
is a use of the information contained in the records that is compatible
with the purpose for which VA collected the records. VA, on its own
initiative, may disclose records in this system of records in legal
proceedings before a court or administrative body after determining
that the disclosure of the records to the court or administrative body
is a use of the information contained in the records that is compatible
with the purpose for which VA collected the records.
15. 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.
16. 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.
17. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract 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.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper documents and Photographs.
RETRIEVABILITY:
Alphabetically by name.
SAFEGUARDS:
Physical Security: Access to VA working space and medical record
storage areas are restricted to VA employees on a ``need to know''
basis. Generally, VA file areas are locked after normal duty hours and
are protected from outside access by the Federal Protective Service.
Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate locked
files. Strict control measures are enforced to ensure that disclosure
is limited to a ``need to know'' basis.
RETENTION AND DISPOSAL:
Disposed of 2 years after case is closed.
SYSTEM MANAGER AND ADDRESS:
Chief Officer, Office of Quality and Performance (10Q), Veterans
Health Administration, Department of Veterans Affairs, 810 Vermont
Avenue, NW., Washington, DC 20420.
NOTIFICATION PROCEDURE:
Individuals seeking information concerning the existence and
content of a record pertaining to themselves must submit a written
request or apply in person to the appropriate VA health care facility.
All inquiries must reasonably identify the incident involved and date
of the incident. Inquiries should include the individual's full name
and return address.
RECORDS ACCESS PROCEDURES:
Veterans, employees and private citizens or duly authorized
representatives seeking information regarding access to and contesting
of VA
[[Page 44905]]
records may write, call or visit the appropriate VA health care
facility.
CONTESTING RECORD PROCEDURES:
(See Records Access Procedures above.)
RECORD SOURCE CATEGORIES:
1. Veterans.
2. Employees of a VA health care facility.
3. Other VA health care facilities, private physicians and
dentists, or private hospitals and clinics.
4. Private citizens involved in the incident.
5. Federal, State, local and foreign law enforcement agencies.
6. Private insurance companies.
[FR Doc. E9-20910 Filed 8-28-09; 8:45 am]
BILLING CODE 8320-01-P
