Privacy Act of 1974; System of Records, 67561-67565 [2011-28278]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67561-67565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28278]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of establishment of new system of records.

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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 establishing a new system of records entitled ``Community 
Residential Care and Medical Foster Home Programs--VA'' (142VA114).

DATES: Comments on this new system of records must be received no later 
than December 1, 2011. If no public comment is received, the new system 
will become effective December 1, 2011.

ADDRESSES: Written comments concerning the proposed amended system of 
records 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. All comments received will be 
available for public inspection in

[[Page 67562]]

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 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: Rick Greene, MSW, National Program 
Manager for Community Residential Care and Medical Foster Home, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420; telephone (202) 461-6786.

SUPPLEMENTAL INFORMATION:

I. Description of Proposed Systems of Records

    These records include information concerning veterans who reside in 
Community Residential Care (CRC) or Medical Foster Home (MFH) homes. In 
addition, the records include information on the operators and staff at 
these homes.

II. Proposed Routine Use Disclosures of Data in the System

    We are proposing to establish the following routine use disclosures 
of information maintained in the system:
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of or at the written request of the individual.
    2. Disclosure may be made to National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of title 44, 
chapter 29, of the United States Code (U.S.C.). NARA and GSA are 
responsible for management of old records no longer actively used, but 
which may be appropriate for preservation, and for the physical 
maintenance of the Federal government's records. VA must be able to 
provide the records to NARA and GSA in order to determine the proper 
disposition of such records.
    3. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal, or regulatory in nature and 
whether arising by general or program statute or by regulation, rule, 
or order issued pursuant thereto, to a Federal, state, local, tribal, 
or foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule, or order. VA may also disclose on its 
own initiative the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal, or regulatory violations of law, or 
charged with enforcing or implementing the statute, regulation, rule, 
or order issued pursuant thereto.
    4. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    5. Disclosures of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform the services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    6. 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.
    7. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs whether maintained by the Department or another agency or 
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.
    8. VA may disclose identifying information, including Social 
Security number, concerning veterans, spouses of veterans, and the 
beneficiaries of veterans to other Federal agencies for the purpose of 
conducting computer matches to obtain information to determine or 
verify eligibility of veterans receiving VA medical care under title 
38, U.S.C.
    9. VA may disclose relevant health care information to: (1) A 
Federal agency or non-VA health care provider or institution when VA 
refers a patient for hospital or nursing home care or medical services, 
or authorizes a patient to obtain non-VA medical services and the 
information is needed by the Federal agency or non-VA institution or 
provider to perform the services; or (2) a Federal agency or to a non-
VA hospital (Federal, state, and local public or private) or other 
medical installation having hospital facilities, organ banks, blood 
banks, or similar institutions, medical schools or clinics, or other 
groups or individuals that have contracted or agreed to provide medical 
services or share the use of medical resources under the provisions of 
38 U.S.C. 513, 7409, 8111, or 8153, when treatment is rendered by VA 
under the terms of such contract or agreement or the issuance of an 
authorization, and the information is needed for purposes of medical 
treatment and/or follow-up, determining entitlement to a benefit, or 
for VA to effect recovery of the costs of the medical care.
    10. VA may disclose information from this system of records to the 
Office of

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Management and Budget (OMB) for the performance of its statutory 
responsibilities for evaluating Federal programs. VA must be able to 
provide information to OMB to assist it in fulfilling its duties as 
required by statute and regulation.
    11. VA may disclose information to a fiduciary or guardian ad litem 
in relation to his or her representation of a claimant in any legal 
proceeding, but only to the extent necessary to fulfill the duties of 
the fiduciary or guardian ad litem. This disclosure permits VA to 
provide individual information to an appointed VA Federal fiduciary or 
to the individual's guardian ad litem that is needed to fulfill 
appointed duties.
    12. VA may disclose relevant information from this system of 
records in the course of presenting evidence to a court, magistrate, or 
administrative tribunal; in matters of guardianship, inquests, and 
commitments; to private attorneys representing veterans rated 
incompetent in conjunction with issuance of Certificates of 
Incompetency; and to probation and parole officers in connection with 
court-required duties.
    13. VA may disclose information from this system of records 
relevant to a claim of a veteran or beneficiary, such as the name, 
address, the basis and nature of a claim, amount of benefit payment 
information, medical information, and military service and active duty 
separation information, at the request of the claimant to accredited 
service organizations, VA-approved claim agents, and attorneys acting 
under a declaration of representation, so that these individuals can 
aid claimants in the preparation, presentation, and prosecution of 
claims under the laws administered by VA. The name and address of a 
claimant will not, however, be disclosed to these individuals under 
this routine use if the claimant has not requested the assistance of an 
accredited service organization, claims agent or an attorney.
    14. VA may disclose relevant medical record information concerning 
a patient to a non-VA nursing home facility that is considering the 
patient for admission, when information concerning the individual's 
medical care is needed for the purpose of preadmission screening under 
42 CFR 483.20(f) to identify patients who are mentally ill or mentally 
retarded so they can be evaluated for appropriate placement.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information in connection with a matter relating to one of VA's 
programs, or will use the information to provide a benefit to VA, or 
disclosure is required by law.
    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 the Office of Management and Budget as required by 5 
U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR 
77677), December 12, 2000.

    Approved: October 4, 2011.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
SOR 142VA114

SYSTEM NAME:
    ``Community Residential Care and Medical Foster Home Programs--VA''

SYSTEM LOCATION:
    Records are maintained at selected VA health care facilities that 
have Community Residential Care (CRC) and Medical Foster Home (MFH) 
Programs (in most cases, back-up computer tape information is stored at 
the VA Data Processing Center, 1615 East Woodward Street, Austin, Texas 
78772). 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, and Veterans 
Integrated Service Network Offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records include information concerning veterans who reside in 
CRC or MFH homes. In addition, the records include information on the 
operators and staff of these homes.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records may include information related to:
    1. Applications, background checks, agreements with veterans, 
educational programs, driver's licenses, health screenings, etc.
    2. Home inspection reports, corrective plans of action, emergency 
plans, correspondence, and hearing documents.
    3. Personal identifiers (including date of birth, Social Security 
number, VA Claim number, financial information, pictures, etc.), 
medical records, etc.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, section 1730.

PURPOSE(S):
    The records and information may be used for determining a potential 
facility's initial eligibility and ongoing participation in the 
program, provision of medical and psycho-social services to veterans, 
operation of the programs, and information required by VA Medical 
Centers to complete quarterly statistical reports.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia, or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of or at the written request of the individual.
    2. Disclosure may be made to National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of title 44, 
chapter 29, of the United States Code (U.S.C.).
    3. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal, or regulatory in nature and 
whether arising by general or program statute or by regulation, rule, 
or order issued pursuant thereto, to a Federal, state, local, tribal, 
or foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule, or order. VA may also disclose on its 
own initiative the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of

[[Page 67564]]

investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, rule, or order issued pursuant thereto.
    4. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    5. Disclosures of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform the services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    6. 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.
    7. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs whether maintained by the Department or another agency or 
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.
    8. VA may disclose identifying information, including Social 
Security number, concerning veterans, spouses of veterans, and the 
beneficiaries of veterans to other Federal agencies for the purpose of 
conducting computer matches to obtain information to determine or 
verify eligibility of veterans receiving VA medical care under Title 
38, U.S.C.
    9. VA may disclose relevant health care information to: (1) A 
Federal agency or non-VA health care provider or institution when VA 
refers a patient for hospital or nursing home care or medical services, 
or authorizes a patient to obtain non-VA medical services and the 
information is needed by the Federal agency or non-VA institution or 
provider to perform the services; or (2) a Federal agency or to a non-
VA hospital (Federal, state, and local public or private) or other 
medical installation having hospital facilities, organ banks, blood 
banks, or similar institutions, medical schools or clinics, or other 
groups or individuals that have contracted or agreed to provide medical 
services or share the use of medical resources under the provisions of 
38 U.S.C. 513, 7409, 8111, or 8153, when treatment is rendered by VA 
under the terms of such contract or agreement or the issuance of an 
authorization, and the information is needed for purposes of medical 
treatment and/or follow-up, determining entitlement to a benefit, or 
for VA to effect recovery of the costs of the medical care.
    10. VA may disclose information from this system of records to the 
Office of Management and Budget (OMB) for the performance of its 
statutory responsibilities for evaluating Federal programs.
    11. VA may disclose information to a fiduciary or guardian ad litem 
in relation to his or her representation of a claimant in any legal 
proceeding, but only to the extent necessary to fulfill the duties of 
the fiduciary or guardian ad litem.
    12. VA may disclose relevant information from this system of 
records in the course of presenting evidence to a court, magistrate, or 
administrative tribunal; in matters of guardianship, inquests, and 
commitments; to private attorneys representing veterans rated 
incompetent in conjunction with issuance of Certificates of 
Incompetency; and to probation and parole officers in connection with 
court-required duties.
    13. VA may disclose information from this system of records 
relevant to a claim of a veteran or beneficiary, such as the name, 
address, the basis and nature of a claim, amount of benefit payment 
information, medical information, and military service and active duty 
separation information, at the request of the claimant to accredited 
service organizations, VA-approved claim agents, and attorneys acting 
under a declaration of representation, so that these individuals can 
aid claimants in the preparation, presentation, and prosecution of 
claims under the laws administered by VA. The name and address of a 
claimant will not, however, be disclosed to these individuals under 
this routine use if the claimant has not requested the assistance of an 
accredited service organization, claims agent, or an attorney.
    14. VA may disclose relevant medical record information concerning 
a patient to a non-VA nursing home facility that is considering the 
patient for admission, when information concerning the individual's 
medical care is needed for the purpose of preadmission screening under 
42 CFR 483.20(f) to identify patients who are mentally ill or mentally 
retarded so they can be evaluated for appropriate placement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on computers, paper, and removable or 
external hardware.

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 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 is generally 
limited by appropriate locking devices and restricted to authorized VA 
employees and vendor personnel. 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

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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 personal computers 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.
    3. Access to the Austin VA Data Processing Center is generally 
restricted to Center employees, custodial personnel, Federal Protective 
Service, and other security personnel. Access to computer rooms is 
restricted to authorized operational personnel through electronic 
locking devices. All other persons gaining access to computer rooms are 
escorted. Information stored in the computer may be accessed by 
authorized VA employees at remote locations including VA health care 
facilities, Information Systems Centers, VA Central Office, and 
Veterans Integrated Service Networks. Access is controlled by 
individually unique passwords/codes which must be changed periodically 
by the employee.

RETENTION AND DISPOSAL:
    Paper records and information are maintained and disposed of in 
accordance with records disposition authority approved by the Archivist 
of the United States.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures; Office of 
Geriatrics and Extended Care (114), 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 or have 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 individuals 
requesting participation in the CRC and MFH programs.
APPENDIX I--ADDRESS LOCATIONS FOR VA FACILITIES

COMMUNITY RESIDENTIAL CARE PROGRAMS:
    Togus ME; Bedford MA; Leeds MA; Boston MA; Bath NY; Canandaigua NY; 
Syracuse NY; Montrose NY; East Orange NJ; Northport NY; Altoona PA; 
Lebanon PA; Wilkes Barre PA; Pittsburgh PA; Wilmington DE; Clarksburg 
WV; Martinsburg WV; Perry Point MD; Beckley WV; Washington DC; Richmond 
VA; Hampton VA; Salem VA; Asheville NC; Salisbury NC; Atlanta GA; 
Augusta GA; Dublin GA; Birmingham AL; Tuscaloosa AL; Tuskegee AL; San 
Juan PR; Gainesville FL; Jacksonville FL; West Palm Beach FL; 
Murfreesboro TN; Mountain Home TN: Lexington KY; Louisville KY; 
Cleveland OH; Dayton OH; Chillicothe OH; Columbus OH; Danville IL; 
Indianapolis IN; Marion IN; Tomah WI; North Chicago IL; Hines IL; St. 
Louis MO; Alexandria LA; New Orleans LA; Shreveport LA; Biloxi MS; 
Jackson MI; Fayetteville AR; Little Rock AR; Dallas TX; Houston TX; San 
Antonio TX; Waco TX; Muskogee OK; Oklahoma City OK; Denver CO; Salt 
Lake City UT; Boise ID; Roseburg OR; Tacoma WA; Loma Linda CA; Long 
Beach CA; Los Angeles CA; San Diego CA; Palo Alto CA; St. Cloud MN; 
Sioux Falls SD; Omaha NE; Des Moines IA.

MEDICAL FOSTER HOME PROGRAMS (Operational or Being Developed):
    Togus ME; Manchester NH; Boston MA; Lebanon PA; Huntington WV; 
Asheville NC; Hampton VA; Salem VA; Augusta GA; Dublin GA; Tuscaloosa 
AL; Tuskegee AL; Bay Pines FL; Gainesville FL; Miami FL; Tampa FL; West 
Palm Beach FL; San Juan PR; Lexington KY; Louisville KY; Memphis TN; 
Murfreesboro TN; Chillicothe OH; Cleveland OH; Battle Creek MI; St. 
Louis MO; Biloxi MS; Fayetteville AR; Little Rock AR; Dallas TX; San 
Antonio TX; Denver CO; Portland OR; Salt Lake City UT; Honolulu HI; 
Sioux Falls SD; Des Moines IA; Minneapolis MN.

[FR Doc. 2011-28278 Filed 10-31-11; 8:45 am]
BILLING CODE 8320-01-P