Privacy Act of 1974; System of Records, 34709-34711 [2010-14712]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force
• Air Force Department

[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34709-34711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14712]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID USAF-2010-0016]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to amend a system of records.

-----------------------------------------------------------------------

SUMMARY: The Department of the Air Force is proposing to amend a system 
of records notice in its existing inventory of records systems subject 
to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: The changes will be effective on July 19, 2010, unless comments 
are received that would result in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Ben Swilley at (703) 696-6172.

SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the Air Force Privacy Act Officer, Office of Warfighting 
Integration and Chief Information Officer, SAF/XCPPF, 1800 Air Force 
Pentagon, Washington, DC 20330-1800.
    The specific changes to the records system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.


[[Page 34710]]


    Dated: June 14, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG E

System name:
    Medical Record System (December 9 2003; 68 FR 68609)

Changes:
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Full name, Social Security Number 
(SSN), or Military Service Number, date treatment was provided, name of 
facility providing treatment, inpatient, outpatient, and ambulatory 
procedure visit (APV) records of care received in Air Force medical 
facilities. Documentation includes, but is not limited to: patient's 
medical history; physical examination; treatment received; supporting 
documentation such as laboratory and x-ray reports; cover sheets and 
summaries of hospitalization; diagnoses, procedures or surgery 
performed; administrative forms which concern medical conditions such 
as Line of Duty Determinations, physical profiles, and medical 
recommendations for flying duty. Secondary files are maintained such as 
patient registers, nominal indices, x-ray and laboratory files, indices 
and registers.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 8013, Secretary of the 
Air Force; 10 U.S.C. 55, Medical and Dental Care; and E.O. 9397 (SSN), 
as amended.''
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add as last paragraph: ``NOTE: This system of records contains 
individually identifiable health information. The DoD Health 
Information Privacy Regulation (DoD 6025.18-R) issued pursuant to the 
Health Insurance Portability and Accountability Act of 1996, applies to 
most such health information. DoD 6025.18-R may place additional 
procedural requirements on the uses and disclosures of such information 
beyond those found in the Privacy Act of 1974 or mentioned in this 
system of records notice.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``While on active duty, the Health 
Record of a U.S. military member is maintained at the medical unit at 
which the person receives treatment.
    On separation or retirement, records are forwarded to the 
Department of Veterans Affairs, Records Management Center in St. Louis, 
MO or to the appropriate Veterans Affairs Regional Office if a Veterans 
Affairs claim has been filed.
    Records of non-active duty personnel are mailed to the next 
military medical facility at which treatment will be received or the 
records are retained at the treating facility until 2 years after the 
end of the calendar year of the last date of treatment and then retired 
to the National Personnel Record Center (NPRC) or other designated 
depository, such as, but not limited to, Medical Director, American Red 
Cross, Washington, DC 20006 for Red Cross personnel. At NPRC all 
inpatient, outpatient, and APV records are retained for 50 years after 
date of last document.
    In addition, military records sent to the DVA after 1 May 1994 are 
maintained for 50 years after date of last document.''
* * * * *
F044 AF SG E

System name:
    Medical Record System

System location:
    Headquarters, United States Air Force, Surgeon General (HQ USAF/
SG), medical centers, hospitals and clinics, medical aid stations, 
National Personnel Record Centers, Air National Guard activities, and 
Air Force Reserve units. Official mailing addresses are published as an 
appendix to the Air Force compilation of systems notices.

Categories of individuals covered by the system:
    Persons treated in an Air Force medical facility and active duty 
members for whom primary care is provided.

Categories of records in the system:
    Full name, Social Security Number (SSN), or Military Service 
Number, date treatment was provided, name of facility providing 
treatment, inpatient, outpatient, and ambulatory procedure visit (APV) 
records of care received in Air Force medical facilities. Documentation 
includes, but is not limited to: patient's medical history; physical 
examination; treatment received; supporting documentation such as 
laboratory and x-ray reports; cover sheets and summaries of 
hospitalization; diagnoses, procedures or surgery performed; 
administrative forms which concern medical conditions such as Line of 
Duty Determinations, physical profiles, and medical recommendations for 
flying duty. Secondary files are maintained such as patient registers, 
nominal indices, x-ray and laboratory files, indices and registers.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 55, Medical 
and Dental Care; and E.O. 9397 (SSN), as amended.

Purpose(s):
    Used to document, plan, and coordinate the health care of patients; 
aid in preventative health and communicable disease control programs; 
determine eligibility and suitability for benefits for various 
programs; adjudicate claims; evaluate care rendered; teach/compile 
statistical data; and conduct research.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, these records contained therein may 
specifically be disclosed outside the DoD as a routine use pursuant to 
5 U.S.C. 552a(b)(3) as follows:
    Information from the inpatient, outpatient or APV medical records 
of retirees and dependents may be disclosed to third party payers for 
the purpose of collecting reasonable inpatient/outpatient/APV hospital 
care costs incurred on behalf of retirees or dependents. Records are 
used and reviewed by health care providers in the performance of their 
duties. Health care providers include military and civilian providers 
assigned to the medical facility where care is being provided. Students 
participating in a training affiliation program with a USAF medical 
facility may also use and review records as part of their training 
program. In addition, records may be disclosed to:
    (1) Officials and employees of the Department of Veterans Affairs 
in the performance of their official duties relating to the 
adjudication of veterans' claims and in providing medical care to 
members of the Air Force.
    (2) Officials and employees of other departments and agencies of 
the Executive Branch of government upon request in the performance of 
their official duties relating to review of the official qualifications 
and medical history of applicants and employees who are covered by the 
record system and for the conduct of research studies.

[[Page 34711]]

    (3) Private organizations (including educational institutions) and 
individuals for authorized health research in the interest of the 
Federal government and the public. When not considered mandatory, 
patient identification data shall be eliminated from records used for 
research studies.
    (4) Officials and employees of the National Research Council in 
cooperative studies of the National History of Disease of prognosis and 
of epidemiology. Each study in which the records of members and former 
members of the Air Force are used must be approved by the Surgeon 
General of the Air Force.
    (5) Officials and employees of local and state governments and 
agencies in the performance of their official duties pursuant to the 
laws and regulations governing local control of communicable diseases, 
preventive medicine and safety programs, child abuse and other public 
health and welfare programs.
    (6) Authorized surveying bodies for professional certification and 
accreditations.
    (7) The individual's organization or government agency as necessary 
when required by Federal statute, Executive Order or by treaty.
    The DoD ``Blanket Routine Uses'' published at the beginning of the 
Air Force's compilation of record system notices apply to this system, 
except as stipulated in `Notes' below.

    NOTE: Records of identity, diagnosis, prognosis or treatment of 
any client/patient, irrespective of whether or when he/she ceases to 
be a client/patient, maintained in connection with the performance 
of any alcohol/drug abuse treatment function conducted, requested, 
or directly or indirectly assisted by any department or agency of 
the United States, shall, except as provided herein, be confidential 
and be disclosed only for the purposes and under the circumstances 
expressly authorized in 42 U.S.C. 290dd-2. These statutes take 
precedence over the Privacy Act of 1974 in regard to accessibility 
of such records except to the individual to whom the record 
pertains. The DoD `Blanket Routine Uses' do not apply to these types 
of records.


    Note:  This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records and electronic storage media.

Retrievability:
    By name, Social Security Number (SSN), or by Military Service 
Number.

Safeguards:
    Records are accessed by commanders of medical centers, hospitals 
and clinics; by custodian of the record system; and by person(s) 
responsible for servicing the record system in performance of their 
official duties and by authorized personnel who are properly screened 
and cleared by need-to-know. Records are stored in locked rooms and 
cabinets, and access to automated records is controlled and limited.

Retention and disposal:
    While on active duty, the Health Record of a U.S. military member 
is maintained at the medical unit at which the person receives 
treatment.
    On separation or retirement, records are forwarded to the 
Department of Veterans Affairs, Records Management Center in St. Louis, 
MO or to the appropriate Veterans Affairs Regional Office if a Veterans 
Affairs claim has been filed.
    Records of non-active duty personnel are mailed to the next 
military medical facility at which treatment will be received or the 
records are retained at the treating facility until 2 years after the 
end of the calendar year of the last date of treatment and then retired 
to the National Personnel Record Center (NPRC) or other designated 
depository, such as, but not limited to, Medical Director, American Red 
Cross, Washington, DC 20006 for Red Cross personnel. At NPRC all 
inpatient, outpatient, and APV records are retained for 50 years after 
date of last document.
    In addition, military records sent to the DVA after 1 May 1994 are 
maintained for 50 years after date of last document.

System manager(s) and address:
    The Surgeon General, Headquarters United States Air Force.
    Chief of Air Force Reserve, Headquarters United States Air Force.
    Director of Air National Guard, Headquarters United States Air 
Force.
    Commanders of medical centers, hospitals, clinics, medical aid 
stations: Commander, Air Force Personnel Center. Official mailing 
addresses are published as an appendix to the Air Force's compilation 
of system notices.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address inquiries to or 
visit the system manager. Official mailing addresses are published as 
an appendix to the Air Force's compilation of record systems notices.
    Requester must submit full name, Social Security Number (SSN) (or 
Military Service Number) through whom eligibility for care is 
established: date (at least year) treatment was provided; name of 
facility providing treatment; and whether treatment was as inpatient or 
outpatient.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system should address requests to the system manager. Official 
mailing addresses are published as an appendix to the Air Force's 
compilation of systems notices.
    Requester must submit full name, Social Security Number (SSN) (or 
Military Service Number) through whom eligibility for care is 
established: date (at least year) treatment was provided; name of 
facility providing treatment; and whether treatment was as inpatient or 
outpatient.

Contesting record procedures:
    The Air Force rules for accessing records and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 37-132; 32 CFR part 1806b; or may be obtained 
from the system manager.

Record source categories:
    Physicians and other patient care providers such as nurses, 
dietitians, and physicians assistants. Administrative forms are 
completed by appropriate military or civilian officials.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-14712 Filed 6-17-10; 8:45 am]
BILLING CODE 5001-06-P