Privacy Act of 1974; System of Records, 77498-77502 [2011-31807]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force

[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77498-77502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31807]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2011-0028]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, Department of Defense (DoD).

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Air Force proposes to alter a system of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on January 12, 2012 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, 4800 Mark 
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100. 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. Charles J. Shedrick, Department of 
the Air Force Privacy Office, Air Force Privacy Act Office, Office of 
Warfighting Integration and Chief Information officer, ATTN: SAF/CIO 
A6, 1800 Air Force Pentagon, Washington DC 20330-1800, or by phone at 
(202) 404-6575.

SUPPLEMENTARY INFORMATION: The Department of the Air Force's notices 
for systems of records 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 address in FOR FURTHER INFORMATION CONTACT.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, were submitted on December 6, 2011 to the House 
Committee on Oversight and Government Reform, the Senate Committee on 
Homeland Security and Governmental Affairs, and the Office of 
Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to 
OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' dated February 8, 1996, 
(February 20, 1996, 61 FR 6427).

    Dated: December 7, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG E

System name:
    Medical Record System (June 18, 2010, 75 FR 34709).

Changes:
    Change System ID to read ``F044 F SG E.''

System name:
    Delete entry and replace with ``Electronic Medical Records 
System.''

System location:
    Delete entry and replace with ``Headquarters, United States Air 
Force, Surgeon General (HQ USAF/SG), Air Force Medical Service Chief 
Information Officer's Office (AFMS CIO's office), 5201 Leesburg Pike, 
Suite 1501, Falls Church, VA 22041-3214.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Uniformed services medical 
beneficiaries enrolled in the Defense Enrollment Eligibility Reporting 
System (DEERS) who receive or have received medical care at one or more 
of DoD's medical treatment facilities (MTFs), Uniformed Services 
Treatment Facilities (USTFs), or care provided under TRICARE programs. 
Uniformed services medical beneficiaries who receive or have received 
care at one or more dental treatment facilities or other system 
locations including medical aid stations, Educational and Developmental 
Intervention Services clinics and Service Medical Commands. Uniformed 
service members serving in a deployed status and those who receive or 
received care through the Department of Veterans Affairs (VA).''

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: 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

[[Page 77499]]

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. This also includes 
healthcare unique information on the medical staff and resources 
(staff, logistics and financial) used to support beneficiary 
healthcare.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; 10 U.S.C. Chapter 55, Sections 1071-1097b, Medical and 
Dental Care; 42 U.S.C. Chapter 117, Sections 11131-11152, Reporting of 
Information; DoD 6025.18-R, DoD Health Information Privacy Regulation; 
DoD 6010.8-R, CHAMPUS; DoD Instruction 6015.23, Delivery of Healthcare 
at Military Treatment Facilities: Foreign Service Care; Third-Party 
Collection; Beneficiary Counseling and Assistance Coordinators (BCACs); 
Pub.L. 104-91, Health Insurance Portability and Accountability Act of 
1996; 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:
    Delete entry and replace with ``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 Ambulatory Procedure 
Visit (APV) medical records of DoD beneficiaries may be disclosed to 
third party payers for the purpose of collecting reasonable inpatient/
outpatient/APV hospital care costs incurred on behalf of those 
beneficiaries. Records are used and reviewed by healthcare providers, 
clinic managers, disease management care coordinators and other 
appropriate medical staff in the performance of their duties. 
Healthcare 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 military medical 
facility as part of their training program, and approved personnel 
conducting military studies designed to benchmark or standardized/
better future healthcare practices. 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 
Veteran members of the Armed Services or Active Duty members if based 
on shared services agreements.
    (2) Officials 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.
    (3) Private organizations, including educational institutions and 
individuals for authorized health research in the interest of the 
Federal government and the medical schools/teaching facilities 
commissioned to assist in those studies. 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, former 
members and dependents of members of the Armed Services are used must 
be approved by the Surgeon General (or designated representative) of 
the appropriate service. If the study entails all of the Medical Health 
Service data the concurrence must be obtained from the Surgeon General 
(or designated representative) of all the services.
    (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. These surveys may or may not be subject to Internal 
Review Board (IRB) approval and guidelines. Determination must be 
documented prior to data release as either approved or exempt by 
appropriate IRB authority.
    (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 Forces 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.''

Storage:
    Delete entry and replace with ``Electronic storage media.''

Retrievability:
    Delete entry and replace with ``Last name and/or by SSN.''

Safeguards:
    Delete entry and replace with ``Physical entry is restricted by the 
use of locks, guards, and is accessible by authorized personnel only. 
Access to records is limited to person(s) responsible for servicing the 
record in the performance of their official duties and who are properly 
screened and cleared for need-to-know. System software uses Primary Key 
Infrastructure (PKI)/Common Access Card (CAC) authentication to lock 
out unauthorized access. System software contains authorization/
permission partitioning to limit access to appropriate organization 
level. Automated records with Personally Identifiable Information are 
controlled and limited as well as tracked via system security logs by 
authorized personnel with a need-to-know to conduct daily business. 
Storage of records is all via an encrypted database and maintained on a 
military network with a current and approved Authority to Operate.''

Retention and disposal:
    Delete entry and replace with ``Files retention is based on medical 
need. The current limitation is ten years. After use is determined to 
be no longer required, electronic records are archived and then deleted 
from server for active use.''

[[Page 77500]]

System manager(s) and address:
    Delete entry and replace with ``Air Force Medical Support Agency 
Healthcare Informatics (SG6H), 3515 S. General McMullen, San Antonio, 
TX 78226-1710.''

Notification procedures:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to Headquarters, United States 
Air Force, Surgeon General (HQ USAF/SG), Air Force Medical Service 
Chief Information Officer's Office (AFMS CIO's Office), 5201 Leesburg 
Pike, Suite 1501, Falls Church, VA 22041-3214.
    For verification purposes, individual should provide their full 
name, SSN, any details which may assist in locating records, and their 
signature. In addition, the requester must provide a notarized 
statement or an unsworn declaration made in accordance with 28 U.S.C. 
1746, in the following format:
    If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the HQDA G-3/5/7-CSF, Director, Zackery Taylor 
Building, 2530 Crystal Drive, Arlington, VA 22202-0400.
    For verification purposes, individual should provide their full 
name, SSN, any details which may assist in locating records, and their 
signature. In addition, the requester must provide a notarized 
statement or an unsworn declaration made in accordance with 28 U.S.C. 
1746, in the following format:
    If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths:
    `I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature)'.''
* * * * *
F044 F SG E

System name:
    Electronic Medical Records System.

System location:
    Headquarters, United States Air Force, Surgeon General (HQ USAF/
SG), Air Force Medical Service Chief Information Officer's Office (AFMS 
CIO's office), 5201 Leesburg Pike, Suite 1501, Falls Church, VA 22041-
3214.

Categories of individuals covered by the system:
    Uniformed services medical beneficiaries enrolled in the Defense 
Enrollment Eligibility Reporting System (DEERS) who receive or have 
received medical care at one or more of DoD's medical treatment 
facilities (MTFs), Uniformed Services Treatment Facilities (USTFs), or 
care provided under TRICARE programs. Uniformed services medical 
beneficiaries who receive or have received care at one or more dental 
treatment facilities or other system locations including medical aid 
stations, Educational and Developmental Intervention Services clinics 
and Service Medical Commands. Uniformed service members serving in a 
deployed status and those who receive or received care through the 
Department of Veterans Affairs (VA).

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: 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. This also includes healthcare unique information on 
the medical staff and resources (staff, logistics and financial) used 
to support beneficiary healthcare.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. Chapter 55, 
Sections 1071-1097b, Medical and Dental Care; 42 U.S.C. Chapter 117, 
Sections 11131-11152, Reporting of Information; DoD 6025.18-R, DoD 
Health Information Privacy Regulation; DoD 6010.8-R, CHAMPUS; DoD 
Instruction 6015.23, Delivery of Healthcare at Military Treatment 
Facilities: Foreign Service Care; Third-Party Collection; Beneficiary 
Counseling and Assistance Coordinators (BCACs); Pub. L. 104-91, Health 
Insurance Portability and Accountability Act of 1996; 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 medical research and studies.

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 Ambulatory Procedure 
Visit (APV) medical records of DoD beneficiaries may be disclosed to 
third party payers for the purpose of collecting reasonable inpatient/
outpatient/APV hospital care costs incurred on behalf of those 
beneficiaries. Records are used and reviewed by healthcare providers, 
clinic managers, disease management care coordinators and other 
appropriate medical staff in the performance of their duties. 
Healthcare 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 military medical 
facility as part of their training program, and approved personnel 
conducting military studies designed to benchmark or standardized/
better future healthcare practices. 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 
Veteran members of the Armed Services or Active Duty members if based 
on shared services agreements.

[[Page 77501]]

    (2) Officials 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.
    (3) Private organizations including educational institutions and 
individuals for authorized health research in the interest of the 
Federal government and the medical schools/teaching facilities 
commissioned to assist in those studies. 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, former 
members and dependents of members of the Armed Services are used must 
be approved by the Surgeon General (or designated representative) of 
the appropriate service. If the study entails all of the Medical Health 
Service data the concurrence must be obtained from the Surgeon General 
(or designated representative) of all the services.
    (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. These surveys may or may not be subject to Internal 
Review Board (IRB) approval and guidelines. Determination must be 
documented prior to data release as either approved or exempt by 
appropriate IRB authority.
    (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 Forces 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:
    Electronic storage media.

Retrievability:
    Last name and/or by SSN.

Safeguards:
    Physical entry is restricted by the use of locks, guards, and is 
accessible by authorized personnel only. Access to records is limited 
to person(s) responsible for servicing the record in the performance of 
their official duties and who are properly screened and cleared for 
need-to-know. System software uses Primary Key Infrastructure (PKI)/
Common Access Card (CAC) authentication to lock out unauthorized 
access. System software contains authorization/permission partitioning 
to limit access to appropriate organization level. Automated records 
with Personally Identifiable Information are controlled and limited as 
well as tracked via system security logs by authorized personnel with a 
need-to-know to conduct daily business. Storage of records is all via 
an encrypted database and maintained on a military network with a 
current and approved Authority to Operate.

Retention and disposal:
    Files retention is based on medical need. The current limitation is 
ten years. After use is determined to be no longer required, electronic 
records are archived and then deleted from server for active use.

System manager(s) and address:
    Air Force Medical Support Agency Healthcare Informatics (SG6H), 
3515 S. General McMullen, San Antonio, TX 78226-1710.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Headquarters, United States Air Force, Surgeon 
General (HQ USAF/SG), Air Force Medical Service Chief Information 
Officer's Office (AFMS CIO's Office), 5201 Leesburg Pike, Suite 1501, 
Falls Church, VA 22041-3214.
    For verification purposes, individual should provide their full 
name, SSN, any details which may assist in locating records, and their 
signature. In addition, the requester must provide a notarized 
statement or an unsworn declaration made in accordance with 28 U.S.C. 
1746, in the following format:
    If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths:
    `I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature)'.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the HQDA 
G-3/5/7-CSF, Director, Zackery Taylor Building, 2530 Crystal Drive, 
Arlington, VA 22202-0400.
    For verification purposes, individual should provide their full 
name, SSN, any details which may assist in locating records, and their 
signature. In addition, the requester must provide a notarized 
statement or an unsworn declaration made in accordance with 28 U.S.C. 
1746, in the following format:
    If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths:
    `I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature)'.

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.

[[Page 77502]]

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. 2011-31807 Filed 12-12-11; 8:45 am]
BILLING CODE 5001-06-P