Privacy Act of 1974; System of Records, 22632-22635 [2012-9043]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22632-22635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9043]


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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.

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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 ``Spinal Cord Injury 
and Disorders Outcomes--Repository (SCIDO-R)-VA'' (108VA11S) as set 
forth in the Federal Register 74 FR 11185-11186 dated March 16, 2009. 
VA is amending the System Name, System Location, Categories of Records 
in the System, Routine Uses of Records Maintained in the System, 
Storage, and System Manager and Address. 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 May 16, 2012. If no public comment is received, 
the amended system will become effective May 16, 2012.

ADDRESSES: Written comments may be submitted through 
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 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420; telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: The Spinal Cord Injury and Disorders 
Outcomes--Repository (SCIDO-R) provides a registry of veterans with 
spinal cord injury and disorders (SCI&D). This repository contains 
pertinent information on veterans with SCI&D and enables better 
coordination of care among VHA staff. The purpose of the repository is 
to assist clinicians, administrators, and researchers in identifying 
and tracking services for veterans with spinal cord injuries and 
disorders resulting from trauma or diseases. The SCIDO-R can also 
facilitate clinical, administrative, and research reports for medical 
center use. Regional SCIDO repositories provide aggregate data to the 
National SCIDO-R database at the Austin Information Technology Center 
(AITC). This centralized AITC repository is used to provide a VA-wide 
review of veteran demographics and clinical aspects of injury and 
disorders for administrative and research purposes. VHA's Spinal Cord 
Injury and Disorders Services developed the SCIDO-R and these records 
are maintained exclusively by VA.
    VA is renaming the system of records from Spinal Cord Dysfunction 
Registry--VA to Spinal Cord Injury and Disorders Outcomes--Repository 
(SCIDO-R)-VA.
    The Location has been amended to include that each Spinal Cord 
Injury Center has a SCIDO application deployment.
    The Category of Records in the System is amended to reflect that 
the SCIDO-R will also store outcome measures of impairment, and a 
registrant may have multiple outcome entries.
    The following routine use disclosure statements are added:
    Routine use fourteen (14) states that 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.
    Routine use fifteen (15) states that VA may disclose patient 
identifying information to federal agencies and VA and government-wide 
third-party insurers responsible for payment of the cost of medical 
care for the identified patients, in order for VA to seek recovery of 
the medical care costs. These records may also be disclosed as part of 
a computer matching program to accomplish this purpose.
    The Report of Intent to Amend a System of Records Notice 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 (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and

[[Page 22633]]

guidelines issued by OMB (65 FR 77677), December 12, 2000.

    Approved: March 20, 2012.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
SOR : 108VA11S

SYSTEM NAME:
    ``Spinal Cord Injury and Disorders Outcomes--Repository (SCIDO-R)-
VA''.

SYSTEM LOCATION:
    All electronic and paper records are maintained at the Austin 
Information Technology Center (AITC), Department of Veterans Affairs 
(VA), 1615 Woodward Street, Austin, Texas 78772, and at VA health care 
facilities listed in VA Appendix 1 of the biennial publication of VA's 
Systems of Records. Each Spinal Cord Injury Center has a SCIDO 
application deployment. Data transmissions between the SCIDO 
application and the VA databases housed at the AITC are accomplished 
using the Department's wide area network.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Veterans identified with spinal cord injury and disorders that have 
applied for VA health care services are included in the system. 
Occasionally, non-veterans who have received VA health care or 
rehabilitation services under sharing agreements, contracted care, or 
humanitarian emergencies will also have information recorded in the 
Spinal Cord Injury and Disorders Outcomes (SCIDO) Repository.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain identifying information including name, 
social security number, date of birth, and registration date in the 
SCIDO-R. SCIDO -Repository registration information may include 
information about whether individuals are receiving services from VA's 
spinal cord system of care, neurologic level of injury, etiology, date 
of onset, type of cause, completeness of injury, and annual evaluation 
dates offered and received. The SCIDO-R also stores outcome measures of 
impairment, activity, social role participation, and satisfaction with 
life. A registrant may have multiple outcome entries.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Sections 501 and 7304.

PURPOSE(S):
    The SCIO-Repository provides a registry of Veterans with spinal 
cord injury and disorders (SCI&D). This registry contains pertinent 
information on Veterans with SCI&D and enables better coordination of 
care among VHA staff. The purpose of the repository is to assist 
clinicians, administrators, and researchers in identifying and tracking 
services for Veterans with spinal cord dysfunction resulting from 
trauma or diseases. The SCIDO-R can also facilitate clinical, 
administrative, and research reports for medical center use. Regional 
SCIDO Repositories provide data extracts to the National SCIDO-
Repository database at the AITC. This centralized AITC repository is 
used to provide a VA-wide review of Veteran demographics and clinical 
aspects of injuries and disorders.

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 and at the written request of the individual.
    2. Disclosure of records covered by this system, as deemed 
necessary and proper to named individuals serving as accredited 
Veterans service organization representatives, and other individuals 
named as approved agents or attorneys for a documented purpose and 
period of time. These agents/attorneys must be aiding beneficiaries in 
the preparation/presentation of their cases during verification and/or 
due process procedures or in the presentation/prosecution of claims 
under laws administered by VA.
    3. A record containing the name(s) and address(es) of present or 
former members of the armed services and/or their dependents may be 
released from this system of records under certain circumstances:
    a. To any nonprofit organization if the release is directly 
connected with the conduct of programs and the utilization of benefits 
under Title 38, and
    b. To any criminal or civil law enforcement governmental agency or 
instrumentality charged under applicable law with the protection of the 
public health or safety if a qualified representative of such 
organization, agency or instrumentality has made a written request that 
such name(s) or address(es) be provided for a purpose authorized by 
law; provided, further, that the record(s) will not be used for any 
purpose other than that stated in the request and that the 
organization, agency or instrumentality is aware of the penalty 
provision of 38 U.S.C. 5701(f).
    4. Disclosure may be made to the National Archives and Records 
Administration and the General Services Administration in records 
management inspections conducted under authority of Title 44, Chapter 
29, of the United States Code (U.S.C.).
    5. Disclosure of information, excluding name and address (unless 
name and address is furnished by the requester) for research purposes 
determined to be necessary and proper, to epidemiological and other 
research facilities approved by the Under Secretary for Health.
    6. In order to conduct Federal research necessary to accomplish a 
statutory purpose of an agency, at the written request of the head of 
the agency, or designee of the head of that agency, the name(s) and 
address(es) of present or former personnel or the armed services and/or 
their dependents may be disclosed;
    a. To a Federal department or agency; or
    b. Directly to a contractor of a Federal department or agency. When 
a disclosure of this information is to be made directly to the 
contractor, VA may impose applicable conditions on the department, 
agency, and/or contractor to ensure the appropriateness of the 
disclosure to the contractor.
    7. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of Veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the 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

[[Page 22634]]

with the responsibility of investigating or prosecuting civil, criminal 
or regulatory violations of law, or charged with enforcing or 
implementing the statute, regulation, or order issued pursuant thereto.
    8. For program review purposes and the seeking of accreditation 
and/or certification, disclosure may be made to survey teams of the 
Rehabilitation Accreditation Commission, The Joint Commission (JC), 
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.
    9. Records from this system of records may be disclosed in a 
proceeding before a court, adjudicative body, or other administrative 
body when the Department, or any Department component or employee (in 
his or her official capacity as a VA employee), is a party to 
litigation; when the Department determines that litigation is likely to 
affect the Department, any of its components or employees, or the 
United States has an interest in the litigation, and such records are 
deemed to be relevant and necessary to the legal proceedings; provided, 
however, that the disclosure is compatible with the purpose for which 
the records were collected.
    10. Disclosure 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 such 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.
    11. Records from a system of records may be disclosed to the 
Department of Justice (DOJ) (including U.S. Attorneys) or in a 
proceeding before a court, adjudicative body, or other administrative 
body when litigation or the adjudicative or administrative process is 
likely to affect VA, its employees, or any of its components is a party 
to the litigation or process, or has an interest in the litigation or 
process, and the use of such records is deemed by VA to be relevant and 
necessary to the litigation or process, provided that the disclosure is 
compatible with the purpose for which the records were collected.
    12. 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.
    13. Disclosure of information may be made when (1) it is suspected 
or 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 or integrity of this system or other 
systems or programs (whether maintained by the Department or another 
agency or entity) that rely upon the compromised information; and (3) 
the disclosure is to agencies, entities, and 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 
disclosure by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis 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.
    14. 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.
    15. VA may disclose patient identifying information to federal 
agencies and VA and government-wide third-party insurers responsible 
for payment of the cost of medical care for the identified patients, in 
order for VA to seek recovery of the medical care costs. These records 
may also be disclosed as part of a computer matching program to 
accomplish this purpose.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Magnetic tapes/disks and optical discs. Electronic data are 
maintained on Direct Access Storage Devices at the AITC. The AITC 
stores registry tapes for disaster backup at a secure, off-site 
location. Electronic backup files for the regional SCIDO-R applications 
are stored at the Regional Data Processing Center (RDPC1) at Denver, CO 
also for disaster backup at a secure, off-site location.

RETRIEVABILITY:
    Records are indexed by name of Veteran, social security number, and 
unique patient identifiers.

SAFEGUARDS:
    1. Data transmissions between VA health care facilities and the VA 
databases housed at the AITC are accomplished using the Department's 
wide area network. The SCIDO-Repository program and other programs at 
the respective facilities automatically flag records or events for 
transmission based upon functionality requirements. VA health care 
facilities control access to data by using VHA's VistA security 
modules. The Department's Telecommunications Support Service has 
oversight responsibility for planning, security, and management of the 
wide area network.
    2. Access to records at VA health care facilities is only 
authorized to VA personnel on a ``need-to-know'' basis. Records are 
maintained in staffed rooms during working hours. During non-working 
hours, there is limited access to the building with visitor control by 
security personnel. Access to the AITC is generally restricted to AITC 
staff, VA Central Office employees, custodial personnel, Federal 
Protective Service, and authorized operational personnel through 
electronic locking devices. All other persons gaining access to the 
computer rooms are escorted. Backup records stored off-site for both 
the AITC and VA Central Office are safeguarded in secured storage 
areas.
    3. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files and Veteran-
specific data elements are limited to VHA employees whose official 
duties warrant access to those files. The automated record system 
recognizes authorized users by keyboard entry of unique passwords, 
access, and verify codes.

RETENTION AND DISPOSAL:
    Records will be maintained and disposed of in accordance with 
record disposition authority approved by the Archivist of the United 
States. Depending on the record medium, records are destroyed by either 
shredding or degaussing. Optical disks or other electronic media are 
deleted when no longer required for official duties.
    VA has submitted a request for records disposition authority to the 
National Archives and Records

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Administration (NARA) for approval. Upon approval by NARA, VA will 
publish an amendment to this System of Records. In the interim, no 
records will be destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for Spinal Cord Injury and Disorders 
Outcomes--Repository design, development, and maintenance: SCIDO 
Program Specialist (128N), 1660 South Columbian Way, Seattle, 
Washington 98108.
    Official responsible for policies and procedures: Chief Consultant, 
Spinal Cord Injury and Disorders Services (128N), 1660 South Columbian 
Way, Seattle, Washington 98108.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the last VA facility 
where medical care was provided or submit a written request to the 
Chief Consultant, Spinal Cord Injury and Disorders Services (128N), 
1660 South Columbian Way, Seattle, Washington 98108. Inquiries should 
include the Veteran's name, social security number, and return address.

RECORD ACCESS PROCEDURE:
    An individual who seeks access to records maintained under his or 
her name may write or visit the nearest VA facility or write to the 
Chief Consultant, Spinal Cord Injury and Disorders Services (128N), 
1660 South Columbian Way, Seattle, Washington 98108.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    Various automated record systems providing clinical and managerial 
support to VA health care facilities, the Veteran, family members, 
accredited representatives or friends, and ``Patient Medical Records--
VA'' (24VA19) system of records.

[FR Doc. 2012-9043 Filed 4-13-12; 8:45 am]
BILLING CODE P