Privacy Act of 1974, 4454-4458 [2010-1688]
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Notices
Those wishing to attend the meeting
should contact Mr. Pete Dougherty,
Designated Federal Officer, at (202)
461–7401 or at mary.rooney@va.gov. No
time will be allocated for receiving oral
presentations from the public. However,
the Committee will accept written
comments from interested parties on
issues affecting homeless Veterans.
Such comments should be referred to
the Committee at the following address:
Advisory Committee on Homeless
Veterans, Homeless Veterans Programs
Office (075D), U.S. Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420.
Dated: January 21, 2010.
By Direction of the Secretary.
Vivian Drake,
Acting Committee Management Officer.
[FR Doc. 2010–1510 Filed 1–26–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974
AGENCY:
Department of Veterans Affairs
(VA).
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ACTION: Notice of Amendment to System
of Records.
SUMMARY: The Privacy Act of 1974 (5
U.S.C. 552(e) (4)) requires that all
agencies publish in the Federal Register
a notice of the existence and character
of their systems of records. Notice is
hereby given that VA is amending the
system of records currently entitled
‘‘Decentralized Hospital Computer
Program (DHCP) Medical Management
Records-VA’’ (79VA162) as set forth in
the Federal Register 56 FR 6048. VA is
amending the system by revising the
System Name and number and the
paragraphs for System Location,
Categories of Records in the System,
Authority for Maintenance of the
System, Routine Uses of Records
Maintained in the System, and System
Manager. The change in name will more
accurately identify the system and the
change in number will reflect
organizational changes. 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 February 26, 2010 If no
public comment is received, the new
system will become effective February
26, 2010.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
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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 name
and number of the system is changed
from ‘‘Decentralized Hospital Computer
Program (DHCP) Medical Management
Records-VA’’ (79VA162) to the
‘‘Veterans Health Information Systems
and Technology Architecture (VistA)
Records-VA’’ (79VA19). The change in
name will more accurately reflect the
new, open systems, client-server based
architecture, and the change in system
number will reflect organizational
changes. The System Location was
amended to reflect the current
organization structure with Veterans
Integrated Service Network Offices
having replaced Regional Director
Offices. Categories of Records in the
System were amended to add five new
types of records maintained in VistA.
The Authority for Maintenance of the
System was amended to reflect current
codification of the statute. The System
Manager was amended to reflect
organization changes.
Background: In the 1980s, the
Veterans Health Administration (VHA)
developed an electronic health care
architecture called the Decentralized
Hospital Computer Program (DHCP) that
was comprised of software applications
that were integrated into a complete
hospital information system primarily
for hospital-based activities. DHCP was
installed at VA medical facilities to
provide comprehensive support for
clinical and administrative needs and
for VA-wide management information.
By 1990, VHA upgraded computer
capacity at all medical facilities, and
implemented software on a national
scale that supported integrated health
care delivery. In 1996, VHA introduced
the VistA, a client-server architecture
that tied together workstations and
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personal computers and supported the
day-to-day operations at all health care
facilities, as well as software developed
by local medical facility staff. VistA also
includes the links that allow
commercial off-the-shelf software and
products to be used with existing and
future technologies.
The purpose of the system of records
is to provide a repository for the
administrative information that is used
to accomplish the purposes described.
The records include information
provided by applicants for employment,
employees, volunteers, trainees,
contractors and subcontractors,
consultants, maintenance personnel,
students, patients, and information
obtained in the course of routine work
done. Quality assurance information
that is protected by 38 U.S.C. 5705 and
38 CFR 17.500–17.511 is not within the
scope of the Privacy Act and, therefore,
is not included in this system of records
or filed in a manner in which the
information may be retrieved by
reference to an individual identifier.
Data stored in VistA is used to
prepare various management, tracking
and follow-up reports that are used to
assist in the management and operation
of the health care facility, and the
planning and delivery of patient
medical care. Data may be used to track
and evaluate patient care services, the
distribution and utilization of resources,
and the performance of vendors and
employees. The data may also be used
for such purposes as scheduling
employees’ tours of duty and for
scheduling patient treatment services,
including nursing care, clinic
appointments, survey, diagnostic and
therapeutic procedures. Data may also
be used to track the ordering, delivery,
maintenance and repair of equipment,
and for follow-up activities to determine
if the actions were accomplished and to
evaluate the results.
Routine use disclosures have been
added, as described below, to enable
efficient administration and operation of
health care facilities, and to assist in the
planning and delivery of patient
medical care:
• Routine use twenty-three (23) states
the social security number, universal
personal identification number and
other identifying information of a health
care provider may be disclosed to a
third party where the third party
requires the agency to provide that
information before it will pay for
medical care provided by VA. VA,
under Public Law 99–272, is required to
recover costs for medical services in
certain circumstances provided to the
veteran from the veteran’s third party
insurance carrier. Third party insurance
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carriers may require VA to provide the
social security number(s) of the health
care provider(s) before reimbursing VA
for medical services rendered.
• Routine use twenty-four (24) states
relevant information 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 practical
for the purposes of laws administered
by VA, in order for the contractor 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.
• Routine use twenty-five (25) allows
disclosure of relevant health care
information to individuals or
organizations (private or public) with
whom VA has a contract or sharing
agreement for the provision of health
care, administrative or financial
services. VA must be able to share
information with other organizations
participating in the care of veterans.
• Routine use twenty-six (26) allows
disclosure to other Federal agencies
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 documentation related
to or in support of the reported incident.
• Routine use twenty-seven (27)
allows VA to 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
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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.
The notice of intent to publish and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of Office of Management and
Budget (OMB), as required by 5 U.S.C.
552a(r) (Privacy Act) and guidelines
issued by OMB (61 FR 6428), February
20, 1996.
Approved: January 8, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
79VA19
SYSTEM NAME:
Veterans Health Information Systems
and Technology Architecture (VistA)
Records-VA.
SYSTEM LOCATION:
Records are maintained at VA health
care facilities, Regional Data Processing
Centers and (in most cases), archival
storage of the VistA data to back up
tapes are maintained at off-site
locations. Address locations for VA
facilities are listed in VA Appendix 1.
In addition, information from these
records or copies of records may be
maintained at the Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC, VA Data
Processing Centers, VA Office of
Information & Technology (OI&T) Field
Offices, Veterans Integrated Service
Network (VISN) Offices, and Employee
Education Systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records include information
concerning current and former
employees, applicants for employment,
trainees, contractors, sub-contractors,
contract personnel, students, providers
and consultants, patients and members
of their immediate family, volunteers,
maintenance personnel, as well as
individuals working collaboratively
with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information
related to:
1. Workload such as orders entered,
verified, and edited (e.g., engineering
work orders, doctors’ orders for patient
care including nursing care, the
scheduling and delivery of medications,
consultations, radiology, laboratory and
other diagnostic and therapeutic
examinations); results entered; items
checked out and items in use (e.g.,
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library books, keys, x-rays, patient
medical records, equipment, supplies,
reference materials); work plans entered
and the subsequent tracking (e.g.,
construction projects, engineering work
orders and equipment maintenance and
repairs assigned to employees and
status, duty schedules, work
assignments, work requirements);
reports of contact with individuals or
groups; employees’ (including
volunteers) work performance
information (e.g., duties and
responsibilities assigned and completed,
amount of supplies used, time used,
quantity and quality of output,
productivity reports, schedules of
patients assigned and treatment to be
provided);
2. Administrative procedures, duties,
and assignments of certain personnel;
3. Computer access authorizations,
computer applications available and
used, information access attempts,
frequency and time of use; identification
of the person responsible for, currently
assigned, or otherwise engaged in
various categories of patient care or
support of health care delivery; vehicle
registration (motor vehicles and
bicycles) and parking space
assignments; community and special
project participants and attendees (e.g.,
sports events, concerts, National
Wheelchair Games); employee workrelated accidents. The record may
include identifying information (e.g.,
name, date of birth, age, sex, social
security number, taxpayer identification
number); address information (e.g.,
home and mailing address, home
telephone number, emergency contact
information such as name, address,
telephone number, and relationship);
information related to training (e.g.,
security, safety, in-service), education
and continuing education (e.g., name
and address of schools and dates of
attendance, courses attended and
scheduled to attend, type of degree,
certificate, grades etc.); information
related to military service and status;
qualifications for employment (e.g.,
license, degree, registration or
certification, experience); vehicle
information (e.g., type make, model,
license and registration number);
evaluation of clinical and technical
skills; services or products purchased
(e.g., vendor name and address, details
about evaluation of service or product,
price, fee, cost, dates purchased and
delivered, employee workload and
productivity data); employee workrelated injuries (cause, severity, type of
injury, body part affected);
4. Financial information, such as
service line and clinic budgets,
projected and actual costs;
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5. Supply information, such as
services, materials and equipment
ordered;
6. Abstract information (e.g., data
warehouses, environmental and
epidemiological registries, etc.) is
maintained in auxiliary paper and
automated records;
7. Electronic messages;
8. The social security number and
universal personal identification
number of health care providers;
9. Practitioner DEA registration
numbers; and
10. The Integration Control Number or
Veterans Administration Person
Identifier.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section
7301(a).
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PURPOSE(S):
The records and information may be
used for statistical analysis to produce
various management, workload tracking
and follow-up reports; to track and
evaluate the ordering and delivery of
equipment, services and patient care;
the planning, distribution and
utilization of resources; the possession
and use of equipment or supplies; the
performance of vendors, equipment, and
employees; and to provide clinical and
administrative support to patient
medical care. The data may be used for
research purposes. The data may be
used also for such purposes as assisting
in the scheduling of tours of duties and
job assignments of employees; the
scheduling of patient treatment services,
including nursing care, clinic
appointments, surgery, diagnostic and
therapeutic procedures; the repair and
maintenance of equipment and for
follow-up activities to determine that
the actions were accomplished and to
evaluate the results; the registration of
vehicles and the assignment and
utilization of parking spaces; to plan,
schedule, and maintain rosters of
patients, employees and others
attending or participating in sports,
recreational or other events (e.g.,
National Wheelchair Games, concerts,
picnics); for audits, reviews and
investigations conducted by staff of the
health care facility, the Network
Directors Office, VA Central Office, and
the VA Office of Inspector General
(OIG); for quality assurance audits,
reviews, investigations and inspections;
for law enforcement investigations; and
for personnel management, evaluation
and employee ratings, and performance
evaluations.
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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 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 permitting
disclosure. VA may disclose protected
health information pursuant to the
following routine uses where required
by law, or permitted by 45 CFR parts
160 and 164.
1. In the event that a record
maintained by VA 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, information may be disclosed 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.
2. Disclosure may be made to any
source from which additional
information is requested (to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the request, and to identify the type of
information requested), when necessary
to obtain information relevant to a
Department decision concerning the
hiring or retention of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
letting of a contract, or the issuance of
a license, grant, or other benefits.
3. Disclosure may be made to an
agency in the executive, legislative, or
judicial branch, or the District of
Columbia government in response to its
request or at the initiation of VA, in
connection with the hiring of an
employee, the issuance of a security
clearance, the conducting of a security
or suitability investigation of an
individual, the letting of a contract, the
issuance of a license, grant, or other
benefits by the requesting agency, or the
lawful statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
4. Disclosure may be made to a
Congressional office from the record of
an individual in response to an inquiry
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from the Congressional office made at
the request of that individual.
5. Disclosure may be made to National
Archives and Records Administration
(NARA) in records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
6. Disclosure may be made to the
Department of Justice and United States
Attorneys in defense or prosecution of
litigation involving the United States,
and to Federal agencies upon their
request in connection with review of
administrative tort claims filed under
the Federal Tort Claims Act, 28 U.S.C.
2672.
7. Hiring, performance, or other
personnel-related information may be
disclosed to any facility with which
there is or there is proposed to be an
affiliation, sharing agreement, contract,
or similar arrangement for purposes of
establishing, maintaining, or expanding
any such relationship.
8. Disclosure may be made to a
Federal, State or local government
licensing board and to the Federation of
State Medical Boards or a similar nongovernment entity which maintains
records concerning individual
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
Department to obtain information
relevant to a Department decision
concerning the hiring, retention or
termination of an employee; or to
inform a Federal agency, 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 receiving medical care
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.
9. For program review purposes, and
the seeking of accreditation and/or
certification, disclosure may be made to
survey teams of The Joint Commission,
College of American Pathologists,
American Association of Blood Banks,
and similar national accreditation
agencies or boards with whom VA has
a contract or agreement to conduct such
reviews, but only to the extent that the
information is necessary and relevant to
the review.
10. Disclosure may be made to a State
or local government entity or national
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certifying body which has the authority
to make decisions concerning the
issuance, retention or revocation of
licenses, certifications or registrations
required to practice a health care
profession, when requested in writing
by an investigator or supervisory official
of the licensing entity or national
certifying body for the purpose of
making a decision concerning the
issuance, retention or revocation of the
license, certification or registration of a
named health care professional.
11. Any information which is relevant
to a suspected violation 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, may be
disclosed to a Federal, State, local or
foreign agency charged with the
responsibility of investigating or
prosecuting such violation, rule or order
issued pursuant thereto.
12. Disclosure may be made to
officials of labor organizations
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting working
conditions.
13. Disclosure may be made to the
VA-appointed representative of an
employee, including all notices,
determinations, decisions, or other
written communications issued to the
employee in connection with an
examination ordered by VA under
medical evaluation (formerly fitness-forduty) examination procedures or
Department-filed disability retirement
procedures.
14. Disclosure may be made to
officials of the Merit Systems Protection
Board, including the Office of the
Special Counsel, when requested in
connection with appeals, special studies
of the civil service and other merit
systems, review of rules and regulations,
investigation of alleged or possible
prohibited personnel practices, and
such other functions, promulgated in 5
U.S.C. 1205 and 1206, or as may be
authorized by law.
15. Disclosure may be made to the
Equal Employment Opportunity
Commission when requested in
connection with investigations of
alleged or possible discrimination
practices, examination of Federal
affirmative employment programs,
compliance with the Uniform
Guidelines of Employee Selection
Procedures, or other functions vested in
the Commission by the President’s
Reorganization Plan No. 1 of 1978.
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16. Disclosure may be made to the
Federal Labor Relations Authority,
including its General Counsel, when
requested in connection with
investigation and resolution of
allegations of unfair labor practices, in
connection with the resolution of
exceptions to arbitrator awards when a
question of material fact is raised and
matters before the Federal Service
Impasses Panel.
17. Disclosure may be made in
consideration and selection of
employees for incentive awards and
other honors and to publicize those
granted. This may include disclosure to
other public and private organizations,
including news media, which grant or
publicize employee awards or honors.
18. Disclosure may be made to
consider employees for recognition
through administrative and quality step
increases and to publicize those granted.
This may include disclosure to other
public and private organizations,
including news media, which grant or
publicize employee recognition.
19. Identifying information such as
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 at 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.
20. Disclosure of relevant information
may be made to the National
Practitioner Data Bank or to a State or
local government licensing board which
maintains records concerning the
issuance, retention or revocation of
licenses, certifications, or registrations
necessary to practice an occupation,
profession or specialty when under the
following circumstances, through a peer
review process that is undertaken
pursuant to VA policy, negligence,
professional incompetence,
responsibility for improper care, or
professional misconduct has been
assigned to a physician or licensed or
certified health care practitioner: (1) On
any payment in settlement (or partial
settlement) of, or in satisfaction of a
judgment in a medical malpractice
action or claim; or, (2) on any final
decision that adversely affects the
clinical privileges of a physician or
practitioner for a period of more than 30
days. These records may also be
disclosed as part of a computer
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matching program to accomplish these
purposes.
21. Disclosure of medical record data,
excluding name and address, unless
name and address is furnished by the
requester, may be made to
epidemiological and other research
facilities for research purposes
determined to be necessary and proper
and approved by the Under Secretary
for Health.
22. Disclosure of names and addresses
of present or former personnel of the
Armed Services, and their dependents,
may be made to: (a) A Federal
department or agency, at the written
request of the head or designee of that
agency; or (b) directly to a contractor or
subcontractor of a Federal department
or agency, for the purpose of conducting
Federal research necessary to
accomplish a statutory purpose of an
agency. When disclosure of this
information is made directly to a
contractor, VA may impose applicable
conditions on the department, agency,
or contractor to insure the
appropriateness of the disclosure to the
contractor.
23. The social security number,
universal personal identification
number and other identifying
information of a health care provider
may be disclosed to a third party where
the third party requires the agency to
provide that information before it will
pay for medical care provided by VA.
24. Relevant information 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 practical for the purposes of laws
administered by VA, in order for the
contractor to perform the services of the
contract or agreement.
25. Disclosure of relevant health care
information may be made to individuals
or organizations (private or public) with
whom VA has a contract or sharing
agreement for the provision of health
care or administrative or financial
services.
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
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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 maintained on paper,
microfilm, magnetic tape, disk, or laser
optical media. In most cases, archival
storage of the VistA data to backup tapes
are maintained at off-site locations.
RETRIEVABILITY:
Records are retrieved by name, social
security number or other assigned
identifiers of the individuals on whom
they are maintained.
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SAFEGUARDS:
1. Access to VA working and storage
areas is restricted to VA employees on
a ‘‘need-to-know’’ basis. Strict physical
security control measures are enforced
to ensure that disclosure to these
individuals is also based on this same
principle. Generally, VA file areas are
locked after normal duty hours and the
facilities are protected from outside
access by the Federal Protective Service
or other security personnel.
2. Access to computer rooms at health
care facilities and regional data
processing centers is generally limited
by appropriate locking devices and
restricted to authorized VA employees
and vendor personnel. Automated Data
Processing (ADP) peripheral devices are
placed in secure areas (areas that are
locked or have limited access) or are
otherwise protected. Information in
VistA may be accessed by authorized
VA employees. Access to file
information is controlled at two levels.
The systems recognize authorized
employees by series of individually
unique passwords/codes as a part of
each data message, and the employees
VerDate Nov<24>2008
16:22 Jan 26, 2010
Jkt 220001
are limited to only that information in
the file which is needed in the
performance of their official duties.
Information that is downloaded from
VistA and maintained on laptops and
other approved government equipment
is afforded similar storage and access
protections as the data that is
maintained in the original files. Access
to information stored on automated
storage media at other VA locations is
controlled by individually unique
passwords/codes. Access by Office of
Inspector General (OIG) staff conducting
an audit, investigation, or inspection at
the health care facility, or an OIG office
location remote from the health care
facility, is controlled in the same
manner.
3. Information downloaded from
VistA and maintained by the OIG
headquarters and Field Offices on
automated storage media is secured in
storage areas for facilities to which only
OIG staff have access. Paper documents
are similarly secured. Access to paper
documents and information on
automated storage media is limited to
OIG employees who have a need for the
information in the performance of their
official duties. Access to information
stored on automated storage media is
controlled by individually unique
passwords/codes.
RETENTION AND DISPOSAL:
Paper records and information stored
on electronic storage media are
maintained and disposed of in
accordance with records disposition
authority approved by the Archivist of
the United States, and VA policies and
procedures for media sanitization.
SYSTEM MANAGER(S) AND ADDRESS:
The official responsible for policies
and procedures is the Director, Health
Data and Informatics (HDI) (19F),
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420.
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether this system of records contains
information about them should contact
the VA facility location at which they
are or were employed or made contact.
Inquiries should include the person’s
full name, social security number, dates
of employment, date(s) of contact, and
return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information
regarding access to and contesting of
records in this system may write, call or
visit the VA facility location where they
are or were employed or made contact.
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by the individual,
supervisors, other employees, personnel
records, or obtained from their
interaction with the system.
[FR Doc. 2010–1688 Filed 1–26–10; 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.
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
‘‘Disaster Emergency Medical Personnel
System (DEMPS)-VA’’ (98VA104) as set
forth in the Federal Register 65 FR
25531. VA is amending the system of
records by revising the Routine Uses of
Records Maintained in the System
Including Categories of Users and the
Purpose of Such Uses, Retrievability,
Systems Manager 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 February 26, 2010. If no
public comment is received, the
amended system will become effective
February 26, 2010.
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.
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.
E:\FR\FM\27JAN1.SGM
27JAN1
Agencies
[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Notices]
[Pages 4454-4458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1688]
-----------------------------------------------------------------------
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. 552(e) (4)) requires that
all agencies publish in the Federal Register a notice of the existence
and character of their systems of records. Notice is hereby given that
VA is amending the system of records currently entitled ``Decentralized
Hospital Computer Program (DHCP) Medical Management Records-VA''
(79VA162) as set forth in the Federal Register 56 FR 6048. VA is
amending the system by revising the System Name and number and the
paragraphs for System Location, Categories of Records in the System,
Authority for Maintenance of the System, Routine Uses of Records
Maintained in the System, and System Manager. The change in name will
more accurately identify the system and the change in number will
reflect organizational changes. 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 February 26, 2010 If no public comment is
received, the new system will become effective February 26, 2010.
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 name and number of the system is changed
from ``Decentralized Hospital Computer Program (DHCP) Medical
Management Records-VA'' (79VA162) to the ``Veterans Health Information
Systems and Technology Architecture (VistA) Records-VA'' (79VA19). The
change in name will more accurately reflect the new, open systems,
client-server based architecture, and the change in system number will
reflect organizational changes. The System Location was amended to
reflect the current organization structure with Veterans Integrated
Service Network Offices having replaced Regional Director Offices.
Categories of Records in the System were amended to add five new types
of records maintained in VistA. The Authority for Maintenance of the
System was amended to reflect current codification of the statute. The
System Manager was amended to reflect organization changes.
Background: In the 1980s, the Veterans Health Administration (VHA)
developed an electronic health care architecture called the
Decentralized Hospital Computer Program (DHCP) that was comprised of
software applications that were integrated into a complete hospital
information system primarily for hospital-based activities. DHCP was
installed at VA medical facilities to provide comprehensive support for
clinical and administrative needs and for VA-wide management
information. By 1990, VHA upgraded computer capacity at all medical
facilities, and implemented software on a national scale that supported
integrated health care delivery. In 1996, VHA introduced the VistA, a
client-server architecture that tied together workstations and personal
computers and supported the day-to-day operations at all health care
facilities, as well as software developed by local medical facility
staff. VistA also includes the links that allow commercial off-the-
shelf software and products to be used with existing and future
technologies.
The purpose of the system of records is to provide a repository for
the administrative information that is used to accomplish the purposes
described. The records include information provided by applicants for
employment, employees, volunteers, trainees, contractors and
subcontractors, consultants, maintenance personnel, students, patients,
and information obtained in the course of routine work done. Quality
assurance information that is protected by 38 U.S.C. 5705 and 38 CFR
17.500-17.511 is not within the scope of the Privacy Act and,
therefore, is not included in this system of records or filed in a
manner in which the information may be retrieved by reference to an
individual identifier.
Data stored in VistA is used to prepare various management,
tracking and follow-up reports that are used to assist in the
management and operation of the health care facility, and the planning
and delivery of patient medical care. Data may be used to track and
evaluate patient care services, the distribution and utilization of
resources, and the performance of vendors and employees. The data may
also be used for such purposes as scheduling employees' tours of duty
and for scheduling patient treatment services, including nursing care,
clinic appointments, survey, diagnostic and therapeutic procedures.
Data may also be used to track the ordering, delivery, maintenance and
repair of equipment, and for follow-up activities to determine if the
actions were accomplished and to evaluate the results.
Routine use disclosures have been added, as described below, to
enable efficient administration and operation of health care
facilities, and to assist in the planning and delivery of patient
medical care:
Routine use twenty-three (23) states the social security
number, universal personal identification number and other identifying
information of a health care provider may be disclosed to a third party
where the third party requires the agency to provide that information
before it will pay for medical care provided by VA. VA, under Public
Law 99-272, is required to recover costs for medical services in
certain circumstances provided to the veteran from the veteran's third
party insurance carrier. Third party insurance
[[Page 4455]]
carriers may require VA to provide the social security number(s) of the
health care provider(s) before reimbursing VA for medical services
rendered.
Routine use twenty-four (24) states relevant information
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 practical for the purposes of laws
administered by VA, in order for the contractor 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.
Routine use twenty-five (25) allows disclosure of relevant
health care information to individuals or organizations (private or
public) with whom VA has a contract or sharing agreement for the
provision of health care, administrative or financial services. VA must
be able to share information with other organizations participating in
the care of veterans.
Routine use twenty-six (26) allows disclosure to other
Federal agencies 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 documentation related to or in support of the reported incident.
Routine use twenty-seven (27) allows VA to 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.
The notice of intent to publish and an advance copy of the system
notice have been sent to the appropriate Congressional committees and
to the Director of Office of Management and Budget (OMB), as required
by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (61 FR
6428), February 20, 1996.
Approved: January 8, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
79VA19
SYSTEM NAME:
Veterans Health Information Systems and Technology Architecture
(VistA) Records-VA.
SYSTEM LOCATION:
Records are maintained at VA health care facilities, Regional Data
Processing Centers and (in most cases), archival storage of the VistA
data to back up tapes are maintained at off-site locations. Address
locations for VA facilities are listed in VA Appendix 1. In addition,
information from these records or copies of records may be maintained
at the Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC, VA Data Processing Centers, VA Office of Information &
Technology (OI&T) Field Offices, Veterans Integrated Service Network
(VISN) Offices, and Employee Education Systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include information concerning current and former
employees, applicants for employment, trainees, contractors, sub-
contractors, contract personnel, students, providers and consultants,
patients and members of their immediate family, volunteers, maintenance
personnel, as well as individuals working collaboratively with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information related to:
1. Workload such as orders entered, verified, and edited (e.g.,
engineering work orders, doctors' orders for patient care including
nursing care, the scheduling and delivery of medications,
consultations, radiology, laboratory and other diagnostic and
therapeutic examinations); results entered; items checked out and items
in use (e.g., library books, keys, x-rays, patient medical records,
equipment, supplies, reference materials); work plans entered and the
subsequent tracking (e.g., construction projects, engineering work
orders and equipment maintenance and repairs assigned to employees and
status, duty schedules, work assignments, work requirements); reports
of contact with individuals or groups; employees' (including
volunteers) work performance information (e.g., duties and
responsibilities assigned and completed, amount of supplies used, time
used, quantity and quality of output, productivity reports, schedules
of patients assigned and treatment to be provided);
2. Administrative procedures, duties, and assignments of certain
personnel;
3. Computer access authorizations, computer applications available
and used, information access attempts, frequency and time of use;
identification of the person responsible for, currently assigned, or
otherwise engaged in various categories of patient care or support of
health care delivery; vehicle registration (motor vehicles and
bicycles) and parking space assignments; community and special project
participants and attendees (e.g., sports events, concerts, National
Wheelchair Games); employee work-related accidents. The record may
include identifying information (e.g., name, date of birth, age, sex,
social security number, taxpayer identification number); address
information (e.g., home and mailing address, home telephone number,
emergency contact information such as name, address, telephone number,
and relationship); information related to training (e.g., security,
safety, in-service), education and continuing education (e.g., name and
address of schools and dates of attendance, courses attended and
scheduled to attend, type of degree, certificate, grades etc.);
information related to military service and status; qualifications for
employment (e.g., license, degree, registration or certification,
experience); vehicle information (e.g., type make, model, license and
registration number); evaluation of clinical and technical skills;
services or products purchased (e.g., vendor name and address, details
about evaluation of service or product, price, fee, cost, dates
purchased and delivered, employee workload and productivity data);
employee work-related injuries (cause, severity, type of injury, body
part affected);
4. Financial information, such as service line and clinic budgets,
projected and actual costs;
[[Page 4456]]
5. Supply information, such as services, materials and equipment
ordered;
6. Abstract information (e.g., data warehouses, environmental and
epidemiological registries, etc.) is maintained in auxiliary paper and
automated records;
7. Electronic messages;
8. The social security number and universal personal identification
number of health care providers;
9. Practitioner DEA registration numbers; and
10. The Integration Control Number or Veterans Administration
Person Identifier.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section 7301(a).
PURPOSE(S):
The records and information may be used for statistical analysis to
produce various management, workload tracking and follow-up reports; to
track and evaluate the ordering and delivery of equipment, services and
patient care; the planning, distribution and utilization of resources;
the possession and use of equipment or supplies; the performance of
vendors, equipment, and employees; and to provide clinical and
administrative support to patient medical care. The data may be used
for research purposes. The data may be used also for such purposes as
assisting in the scheduling of tours of duties and job assignments of
employees; the scheduling of patient treatment services, including
nursing care, clinic appointments, surgery, diagnostic and therapeutic
procedures; the repair and maintenance of equipment and for follow-up
activities to determine that the actions were accomplished and to
evaluate the results; the registration of vehicles and the assignment
and utilization of parking spaces; to plan, schedule, and maintain
rosters of patients, employees and others attending or participating in
sports, recreational or other events (e.g., National Wheelchair Games,
concerts, picnics); for audits, reviews and investigations conducted by
staff of the health care facility, the Network Directors Office, VA
Central Office, and the VA Office of Inspector General (OIG); for
quality assurance audits, reviews, investigations and inspections; for
law enforcement investigations; and for personnel management,
evaluation and employee ratings, and performance evaluations.
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 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 permitting disclosure. VA may
disclose protected health information pursuant to the following routine
uses where required by law, or permitted by 45 CFR parts 160 and 164.
1. In the event that a record maintained by VA 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, information may be disclosed 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.
2. Disclosure may be made to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), when necessary to obtain
information relevant to a Department decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
conducting of a security or suitability investigation of an individual,
the letting of a contract, or the issuance of a license, grant, or
other benefits.
3. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia government
in response to its request or at the initiation of VA, in connection
with the hiring of an employee, the issuance of a security clearance,
the conducting of a security or suitability investigation of an
individual, the letting of a contract, the issuance of a license,
grant, or other benefits by the requesting agency, or the lawful
statutory, administrative, or investigative purpose of the agency to
the extent that the information is relevant and necessary to the
requesting agency's decision.
4. 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.
5. Disclosure may be made to National Archives and Records
Administration (NARA) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
6. Disclosure may be made to the Department of Justice and United
States Attorneys in defense or prosecution of litigation involving the
United States, and to Federal agencies upon their request in connection
with review of administrative tort claims filed under the Federal Tort
Claims Act, 28 U.S.C. 2672.
7. Hiring, performance, or other personnel-related information may
be disclosed to any facility with which there is or there is proposed
to be an affiliation, sharing agreement, contract, or similar
arrangement for purposes of establishing, maintaining, or expanding any
such relationship.
8. Disclosure may be made to a Federal, State or local government
licensing board and to the Federation of State Medical Boards or a
similar non-government entity which maintains records concerning
individual 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
Department to obtain information relevant to a Department decision
concerning the hiring, retention or termination of an employee; or to
inform a Federal agency, licensing boards or the appropriate non-
government 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 receiving medical care 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.
9. For program review purposes, and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of The
Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies
or boards with whom VA has a contract or agreement to conduct such
reviews, but only to the extent that the information is necessary and
relevant to the review.
10. Disclosure may be made to a State or local government entity or
national
[[Page 4457]]
certifying body which has the authority to make decisions concerning
the issuance, retention or revocation of licenses, certifications or
registrations required to practice a health care profession, when
requested in writing by an investigator or supervisory official of the
licensing entity or national certifying body for the purpose of making
a decision concerning the issuance, retention or revocation of the
license, certification or registration of a named health care
professional.
11. Any information which is relevant to a suspected violation 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, may be
disclosed to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, rule or
order issued pursuant thereto.
12. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting working conditions.
13. Disclosure may be made to the VA-appointed representative of an
employee, including all notices, determinations, decisions, or other
written communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
14. Disclosure may be made to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as
may be authorized by law.
15. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform Guidelines
of Employee Selection Procedures, or other functions vested in the
Commission by the President's Reorganization Plan No. 1 of 1978.
16. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in connection
with investigation and resolution of allegations of unfair labor
practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
17. Disclosure may be made in consideration and selection of
employees for incentive awards and other honors and to publicize those
granted. This may include disclosure to other public and private
organizations, including news media, which grant or publicize employee
awards or honors.
18. Disclosure may be made to consider employees for recognition
through administrative and quality step increases and to publicize
those granted. This may include disclosure to other public and private
organizations, including news media, which grant or publicize employee
recognition.
19. Identifying information such as 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 at 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.
20. Disclosure of relevant information may be made to the National
Practitioner Data Bank or to a State or local government licensing
board which maintains records concerning the issuance, retention or
revocation of licenses, certifications, or registrations necessary to
practice an occupation, profession or specialty when under the
following circumstances, through a peer review process that is
undertaken pursuant to VA policy, negligence, professional
incompetence, responsibility for improper care, or professional
misconduct has been assigned to a physician or licensed or certified
health care practitioner: (1) On any payment in settlement (or partial
settlement) of, or in satisfaction of a judgment in a medical
malpractice action or claim; or, (2) on any final decision that
adversely affects the clinical privileges of a physician or
practitioner for a period of more than 30 days. These records may also
be disclosed as part of a computer matching program to accomplish these
purposes.
21. Disclosure of medical record data, excluding name and address,
unless name and address is furnished by the requester, may be made to
epidemiological and other research facilities for research purposes
determined to be necessary and proper and approved by the Under
Secretary for Health.
22. Disclosure of names and addresses of present or former
personnel of the Armed Services, and their dependents, may be made to:
(a) A Federal department or agency, at the written request of the head
or designee of that agency; or (b) directly to a contractor or
subcontractor of a Federal department or agency, for the purpose of
conducting Federal research necessary to accomplish a statutory purpose
of an agency. When disclosure of this information is made directly to a
contractor, VA may impose applicable conditions on the department,
agency, or contractor to insure the appropriateness of the disclosure
to the contractor.
23. The social security number, universal personal identification
number and other identifying information of a health care provider may
be disclosed to a third party where the third party requires the agency
to provide that information before it will pay for medical care
provided by VA.
24. Relevant information 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 practical
for the purposes of laws administered by VA, in order for the
contractor to perform the services of the contract or agreement.
25. Disclosure of relevant health care information may be made to
individuals or organizations (private or public) with whom VA has a
contract or sharing agreement for the provision of health care or
administrative or financial services.
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
[[Page 4458]]
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 maintained on paper, microfilm, magnetic tape, disk, or
laser optical media. In most cases, archival storage of the VistA data
to backup tapes are maintained at off-site locations.
RETRIEVABILITY:
Records are retrieved by name, social security number or other
assigned identifiers of the individuals on whom they are maintained.
SAFEGUARDS:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need-to-know'' basis. Strict physical security control
measures are enforced to ensure that disclosure to these individuals is
also based on this same principle. Generally, VA file areas are locked
after normal duty hours and the facilities are protected from outside
access by the Federal Protective Service or other security personnel.
2. Access to computer rooms at health care facilities and regional
data processing centers is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor personnel.
Automated Data Processing (ADP) peripheral devices are placed in secure
areas (areas that are locked or have limited access) or are otherwise
protected. Information in VistA may be accessed by authorized VA
employees. Access to file information is controlled at two levels. The
systems recognize authorized employees by series of individually unique
passwords/codes as a part of each data message, and the employees are
limited to only that information in the file which is needed in the
performance of their official duties. Information that is downloaded
from VistA and maintained on laptops and other approved government
equipment is afforded similar storage and access protections as the
data that is maintained in the original files. Access to information
stored on automated storage media at other VA locations is controlled
by individually unique passwords/codes. Access by Office of Inspector
General (OIG) staff conducting an audit, investigation, or inspection
at the health care facility, or an OIG office location remote from the
health care facility, is controlled in the same manner.
3. Information downloaded from VistA and maintained by the OIG
headquarters and Field Offices on automated storage media is secured in
storage areas for facilities to which only OIG staff have access. Paper
documents are similarly secured. Access to paper documents and
information on automated storage media is limited to OIG employees who
have a need for the information in the performance of their official
duties. Access to information stored on automated storage media is
controlled by individually unique passwords/codes.
RETENTION AND DISPOSAL:
Paper records and information stored on electronic storage media
are maintained and disposed of in accordance with records disposition
authority approved by the Archivist of the United States, and VA
policies and procedures for media sanitization.
SYSTEM MANAGER(S) AND ADDRESS:
The official responsible for policies and procedures is the
Director, Health Data and Informatics (HDI) (19F), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
NOTIFICATION PROCEDURE:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility location
at which they are or were employed or made contact. Inquiries should
include the person's full name, social security number, dates of
employment, date(s) of contact, and return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and contesting
of records in this system may write, call or visit the VA facility
location where they are or were employed or made contact.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by the
individual, supervisors, other employees, personnel records, or
obtained from their interaction with the system.
[FR Doc. 2010-1688 Filed 1-26-10; 8:45 am]
BILLING CODE 8320-01-P