Privacy Act of 1974; Report of an Altered System of Records, 5604-5606 [2010-2243]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Health Resources and Services Administration

[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5604-5606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2243]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974; Report of an Altered System of Records

AGENCY: Department of Health and Human Service (HHS), Health Resources 
and Services Administration (HRSA).

ACTION: Notice of an altered System of Records (SOR).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Health Resources and Services Administration (HRSA) is 
proposing to alter a system of records for Disability Claims of the 
Nursing Student Loan Program in the Bureau of Health Professions, SORN 
09-15-0038, at the Division of Student Loans and Scholarships (DSLS). 
This system includes information on applicants for cancellation of 
health professions and nursing student loans due to disability. It 
includes letter requests claiming disability, correspondence, payment 
determinations and medical records or reports. The records in this 
system will be used to determine the eligibility of applicants who 
request loan cancellation due to total and permanent disability. The 
specific purpose of these alterations are to combine SORN 09-15-0038 
with SORN 09-15-0039, and to change the name of the system, the system 
location, categories of individuals covered by the system, categories 
of records in the system, and the authority for maintenance of the 
system. In addition, two new routine uses (numbers 4 & 5) were added 
and the policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system were changed. The 
purpose of this proposed alteration is to include breach notification 
language required by Memoranda (M) 07-16, Safeguarding Against and 
responding to the Breach of Personally Identifiable Information, 
released on May 22, 2007 by OMB. The system managers and address have 
changed along with notification, request, and records access 
procedures. Contesting records procedures and record source categories 
have also been changed and record source categories have been added.

DATES: HRSA filed an altered system report with the Chair of the House 
Committee on Government Reform and Oversight, the Chair of the Senate 
Committee on Homeland Security and Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on 1/19/2010. To ensure all parties have 
adequate time in which to comment, the altered system, including the 
routine uses, will be become effective 30 days from the publication of 
the notice or 40 days from the date it was submitted to OMB and 
Congress, whichever is later, unless HRSA receives comments that 
require alterations to this notice.

ADDRESSES: Please address comments to Bureau of Health Professions, 
Health Resources and Services Administration, 5600 Fishers Lane, Room 
9-05, Rockville, Maryland 20857; 301-443-5794. This is not a toll-free 
number. Comments received will be available for inspection at this same 
address from 9 a.m. to 3 p.m., (eastern standard time zone), Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Director, Division of Student Loans 
and Scholarships, Bureau of Health Professions, Health Resources and 
Services Administration, Department of Health and Human Services, 5600 
Fishers Lane, Room 9-105, Rockville, MD 20857; Telephone: (301) 443-
5452. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Health Resources and Services 
Administration proposes to alter this system of records: ``Disability 
Claims in the Nursing Student Loan Program, HHS/HRSA/BHPr'' (SORN 09-
15-0038). SOR 09-15-0038 is altered by adding Disability Claims in the 
Health Professions Student Loan Program, HHS/HRSA/BHPr'' (SORN 09-15-
0039 will be deleted); and changing the name to ``Disability Claims in 
the Health Professions Student Loan Program and Nursing Student Loan 
Program, HHS/HRSA/BHPr (SORN 09-15-0038), for applicants of disability 
claims in the Health Professions Student Loan Program and Nursing 
Student Loan Program, at the DSLS. The system location is being changed 
from Room 9-105 and the categories of individuals covered by the system 
have been expanded to include applicants for cancellation of health 
professions and nursing student loans due to disability. Section 722(d) 
of the Public Health Service Act, as amended (42 U.S.C. 292r), Health 
Professions Student Loan Program has been added to the authority for 
maintenance of the system. Appropriate federal agencies, department 
contractors, and HRSA medical staff have been added to the categories 
of users in the routine uses section for purposes of responding to 
security breaches and approving disability write-off. The storage 
policy has been expanded to read ``returned to

[[Page 5605]]

and retained by health professions schools'' and the safeguards section 
has been expanded to include the Department's contractors as authorized 
users. The system manager(s) and address has been changed to reflect 
the new location of the system. Additional requisites for obtaining 
notification of or access to records have been added to the 
notification procedure; the procedure for a request in person has been 
changed to include procedures for a situation in which an individual 
does not have identification papers and requests by mail have been 
updated to include slightly different requirements to request record 
notification by mail. Records access procedures are now the same as 
notification procedures. The new location of the system has been added 
as the primary contact in the contesting records procedures section. 
Record source categories have been added and include educational 
institutions, financial aid officers, and borrowers.

    Dated: November 30, 2009.
Mary K. Wakefield,
Administrator.
SYSTEM NUMBER:
09-15-0038

SYSTEM NAME:
    Disability Claims in the Health Professions Student Loan Program 
and Nursing Student Loan Program, HHS/HRSA/BHPr.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
     Division of Student Loans and Scholarships, Bureau of 
Health Professions, Health Resources and Services Administration, 5600 
Fishers Lane, Room 9-105, Rockville, MD 20857.
     Washington National Records Center, 4204 Suitland Road, 
Suitland, MD 20409.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for cancellation of health professions student loans and 
nursing student loans due to disability.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Letter requests claiming disability, correspondence, payment 
determinations and medical records or reports.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 722(d) of the Public Health Service Act, as amended (42 
U.S.C. 292r (d)), Health Professions Student Loan Program provisions; 
Section 836(b)(4) of the Public Health Service Act, as amended (42 
U.S.C. 297b (b)(4)), Nursing Student Loan Provisions.

PURPOSE(S):
    To determine the eligibility of applicants who request loan 
cancellation due to total and permanent disability.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to a verified inquiry from the 
congressional office made at the written request of that individual.
    2. Disclosure may be made to the Department of Justice to enable 
that Department to present an effective defense, provided that such 
disclosure is compatible with the purpose for which the records were 
collected, in the event of litigation where the defendant is:
    a. The Department, any component of the Department, or any employee 
of the Department in his or her official capacity;
    b. The United States where the Department determines that the 
claim, if successful, is likely to directly affect the operations of 
the Department or any of its components; or
    c. Any Department employee in his or her individual capacity where 
the Justice Department has agreed to represent such employee, for 
example in defending a claim against the Public Health Service based 
upon an individual's mental or physical condition and alleged to have 
arisen because of activities of the Public Health Service in connection 
with such individual.
    3. 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 to the appropriate agency, 
whether Federal, State or local, charged with enforcing or implementing 
the statute or rule, regulation or order issued pursuant thereto.
    4. Disclosure to appropriate federal agencies and Department 
contractors that have a need to know the information for the purpose of 
assisting the Department's efforts to respond to a suspected or 
confirmed breach of the security or confidentiality of information 
maintained in this system of records, and the information disclosed is 
relevant and necessary for that assistance.
    5. Disability statements are reviewed by HRSA medical staff/
contractors via inter-agency agreement for the purpose of approving the 
disability write-off.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
    File folders. Medical records and reports are temporarily held 
during medical evaluation and returned to, and retained by, health 
professions schools after final determination of claim validity.

Retrievability:
    Name of individual claiming disability.

Safeguards:
     Authorized users: Access to Borrower's Files is limited to 
only those individuals within the Department and the Department's 
contractors having a substantiated need for information. These 
individuals must have available proof of employment.
     Physical safeguards: File folders, medical records, 
reports and other forms of personal data are stored in areas where 
files are locked or rooms locked during off duty hours.
     Procedural safeguards: All users of personal information 
in connection with the performance of their job protect information 
from public view and from unauthorized personnel entering an 
unsupervised office. Access to records is strictly limited to those 
staff members trained in accordance with the Privacy Act.
     Implementation guidelines: HHS Chapter 45-13 and 
supplementary Chapter PHS.hf: 45-13 of the General Administration 
Manual.

Retention and Disposal:
    Records will be retained for 6 years after phase out of loan 
program; 1 year on site and 5 years at the Federal Records Center. 
Records are disposed of in accordance with the Records Control Schedule 
of the Health Resources and Services Administration. Contact the System 
Manager for the disposal standards.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Division of Students Loans and Scholarships, Bureau of 
Health Professions, Health Resources and Services Administration, 
Department of Health and Human Services, 5600 Fishers Lane, Room 9-105, 
Rockville, Maryland 20857.

[[Page 5606]]

NOTIFICATION PROCEDURE:
    Requests concerning whether the system contains records about you 
should be made to the Systems Manager. When requesting notification of, 
or access to, records covered by this Notice, an individual must 
provide his/her full name, date of birth, and other proof of identity 
as required for Privacy Requests. Information requested may be 
redacted. An individual may request notification of, or access to, a 
medical record pertaining to him. An individual who requests 
notification of, or access to, a medical record shall, at the time the 
request is made, designate a representative in writing. The 
representative may be a physician or other responsible individual, who 
would be willing to review the record and inform the subject individual 
of its contents.
    Request in person: A subject individual who appears in person at a 
specific location seeking access or disclosure of records relating to 
him/her shall provide his/her name, current address, and at least one 
piece of tangible identification such as driver's license, passport, 
voter registration card, or union card. Identification papers with 
current photographs are preferred but not required. Additional 
identification may be requested when there is a request for access to 
records which contain an apparent discrepancy between information 
contained in the records and that provided by the individual requesting 
access to the records. Where the subject individual has no 
identification papers, the responsible agency official shall require 
that the subject individual certify in writing that he/she is the 
individual who he/she claims to be and that he/she understands that the 
knowing and willful request or acquisition of a record concerning an 
individual under false pretenses is a criminal offense subject to a 
$5,000 fine.
    Requests by mail: A written request must contain the name and 
address of the requester, and his/her signature which is either 
notarized to verify his/her identity or includes a written 
certification that the requester is the person he/she claims to be and 
that he/she understands that the knowing and willful request or 
acquisition of records pertaining to an individual under false 
pretenses is a criminal offense subject to a $5,000 fine.
    Requests by telephone: Because positive identification of the 
caller cannot be established, no requests by telephone will be honored.

RECORDS ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also provide a 
reasonable description of the record being sought.

CONTESTING RECORDS PROCEDURES:
    Any record subject may contest the accuracy of information on file 
at Campus Based Branch (CBB) by writing to the Director, Division of 
Students Loans and Scholarships, Bureau of Health Professions, Health 
Resources and Services Administration, Department of Health and Human 
Services, 5600 Fishers Lane, Room 9-105, Rockville, Maryland 20857. The 
request should contain a reasonable description of the record, specify 
the information being contested, the corrective action sought, and the 
reasons for requesting the correction, along with supporting 
information to show how the record is inaccurate, incomplete, untimely 
or irrelevant.

RECORD SOURCE CATEGORIES:
    1. Educational institutions requesting disability write-offs.
    2. Financial aid officers administering disability write-offs.
    3. Borrowers submitted for total disability write-offs.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
    None.

[FR Doc. 2010-2243 Filed 2-2-10; 8:45 am]
BILLING CODE 4160-15-P