Privacy Act of 1974, 4377-4382 [2014-01497]
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Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Notices
Members of the public may attend
and make a statement during the
advisory committee meeting. If you
intend to make a statement, please
notify PHMSA in advance by
forwarding an email to cheryl.whetsel@
dot.gov by February 10, 2014.
II. Committee Background
The GPAC and LPAC are statutorily
mandated advisory committees that
advise PHMSA on proposed safety
standards, risk assessments, and safety
policies for natural gas pipelines and for
hazardous liquid pipelines. Both
committees were established under the
Federal Advisory Committee Act (Pub.
L. 92–463, 5 U.S.C. App. 1) and the
pipeline safety law (49 U.S.C. Chap.
601). Each committee consists of 15
members—with membership evenly
divided among the Federal and State
government, the regulated industry, and
the public. The committees advise
PHMSA on the technical feasibility,
practicability, and cost-effectiveness of
each proposed pipeline safety standard.
III. Agenda
The Agenda will be published on the
PHMSA Web site.
Authority: 49 U.S.C. 60102, 60115; 60118.
Issued in Washington, DC, on January 17,
2014.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2014–01347 Filed 1–24–14; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974
AGENCY:
Department of Veterans Affairs
(VA).
ACTION:
Notice of new system of records.
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 the Department of
Veterans Affairs (VA) is establishing a
new system of records entitled ‘‘VHA
Corporate Data Warehouse-VA’’
(172VA10P2).
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SUMMARY:
Comments on this new system of
records must be received no later than
February 26, 2014. If no public
comment is received during the period
allowed for comment or unless
otherwise published in the Federal
Register by VA, the new system will
become effective February 26, 2014.
DATES:
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Written comments
concerning the proposed amended
system of records may be submitted by:
mail or hand-delivery to Director,
Regulations Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420; fax to (202)
273–9026; or email to https://
www.Regulations.gov. All 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Veterans Health Administration (VHA)
Privacy Officer, Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420; telephone (704)
245–2492.
SUPPLEMENTARY INFORMATION:
Background: VHA is the largest health
care provider in the country. In order to
maintain this organization, VHA
collects patient health data, financial
data, employee data, and patient entered
data for patient care, decision support,
population studies, research, behavior
profiling, workflow integration and
other business intelligence applications.
The data is entered and stored in the
appropriate system of record.
I. Description of Proposed Systems of
Records: The proposed system of record
identifies data warehouses that contains
health information such as patient
assessments, diagnoses, treatments,
tests, and pharmaceutical data. The
records include information created or
collected during the course of normal
clinical and administrative work and is
provided by employees, students,
volunteers, caregivers, contractors,
subcontractors, and consultants. It also
contains patient self-entered data and
patient financial information provided
by patients or other governmental
agencies.
All data collected by the organization
and centrally stored in the Corporate
Data Warehouse (CDW) provides a
central source of data that supports the
delivery of health care, supports
management decision making, allows
for performance measurement, and
provides a rich resource for VHA
research. The CDW is located in Austin,
Texas. VA delivers information
technology support by dividing the
United States into four regions. Each
region contains a regional data
warehouse (RDW) that may contain
some or all of the CDW content.
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4377
VHA uses data stored in data
warehouses to prepare various
management, tracking, and follow-up
reports necessary for the effective
operation of VHA as it plans for and
then delivers quality health care, which
includes evaluating patient eligibility,
benefits and care services; monitoring
the distribution and utilization of
resources including provider panel
management; tracking disease and
patient outcomes; program review,
accreditation and licensing; quality
assurance audits and investigations; law
enforcement investigations; and
measuring Veterans Integrated Service
Network (VISN) performance. The data
may be used to validate labor policies
and practices and be extracted or
interrogated by VA researchers in
accordance with established protocols.
The data warehouses covered by this
system of records are identified and
listed with their physical location in
Appendix A.
II. Proposed Routine Use Disclosures
of Data in the System: To the extent that
records contained in the system include
information protected by 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 permitting
disclosure.
VHA is proposing the following
routine use disclosures of information to
be maintained in the system:
1. On its own initiative, VA may
disclose information, except for the
names and home addresses of veterans
and their dependents, to a Federal,
State, local, tribal, or foreign 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.
On its own initiative, VA may also
disclose 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. VA must be able to comply with
the requirements of agencies charged
with enforcing the law and conducting
investigations. VA must also be able to
provide information to State or local
agencies charged with protecting the
public’s health as set forth in State law.
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2. Disclosure may be made to any
source from which additional
information is requested (to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the request, and to identify the type of
information requested), when necessary
to obtain information relevant to an
individual’s eligibility, care history, or
other benefits.
3. Disclosure may be made to an
agency in the executive, legislative, or
judicial branch, or the District of
Columbia’s government in response to
its request or at the initiation of VA, in
connection with disease-tracking,
patient outcomes, bio-surveillance, or
other health information required for
program accountability.
4. 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.
Individuals sometimes request the help
of a Member of Congress in resolving
some issues relating to a matter before
VA. The Member of Congress then
writes to VA, and VA must be able to
give sufficient information to give an
appropriate response to the inquiry.
5. Disclosure may be made to the
National Archives and Records
Administration (NARA) and the General
Services Administration (GSA) in
records management inspections
conducted under authority of Title 44,
Chapter 29, 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.
6. 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
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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.
7. Records from this system of records
may be disclosed to a Federal agency or
to a State or local government licensing
board and/or to the Federation of State
Medical Boards or a similar nongovernment entity which maintains
records concerning individuals’
employment histories or concerning the
issuance, retention or revocation of
licenses, certifications, or registration
necessary to practice an occupation,
profession or specialty, in order for the
agency to obtain information relevant to
an agency decision concerning the
hiring, retention or termination of an
employee.
8. Records from this system of records
may be disclosed to inform a Federal
agency, licensing boards or the
appropriate non-government entities
about the health care practices of a
terminated, resigned or retired health
care employee whose professional
health care activity so significantly
failed to conform to generally accepted
standards of professional medical
practice as to raise reasonable concern
for the health and safety of patients
receiving medical care in the private
sector or from another Federal agency.
9. For program review purposes and
the seeking of accreditation and/or
certification, disclosure may be made to
survey teams of 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. VA health care facilities
undergo certification and accreditation
by several national accreditation
agencies or boards to comply with
regulations and good medical practices.
VA must be able to disclose information
for program review purposes and the
seeking of accreditation and/or
certification of health care facilities and
programs.
10. Disclosure may be made to a
national certifying body which has the
authority to make decisions concerning
the issuance, retention or revocation of
licenses, certifications or registrations
required to practice a health care
profession, when requested in writing
by an investigator or supervisory official
of the national certifying body for the
purpose of making a decision
concerning the issuance, retention or
revocation of the license, certification or
registration of a named health care
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professional. VA must be able to report
information regarding the care a health
care practitioner provides to a national
certifying body charged with
maintaining the health and safety of
patients by making a decision about a
health care professional’s license,
certification or registration, such as
issuance, retention, revocation,
suspension or other actions.
11. Disclosure may be made to
officials of labor organizations
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting working
conditions.
12. Disclosure may be made to the
VA-appointed representative of an
employee of all notices, determinations,
decisions, or other written
communications issued to the employee
in connection with an examination
ordered by VA under medical
evaluation (formerly fitness-for-duty)
examination procedures or Departmentfiled disability retirement procedures.
13. VA may disclose information to
officials of the Merit Systems Protection
Board (MSPB), or the Office of Special
Counsel, when requested in connection
with appeals, special studies of the civil
service and other merit systems, review
of rules and regulations, investigation of
alleged or possible prohibited personnel
practices, and such other functions,
promulgated in 5 U.S.C. 1205 and 1206,
or as authorized by law.
14. VA may disclose information to
the Equal Employment Opportunity
Commission (EEOC) when requested in
connection with investigations of
alleged or possible discriminatory
practices, examination of Federal
affirmative employment programs, or for
other functions of the EEOC as
authorized by law or regulation. VA
must be able to provide information to
the EEOC to assist it in fulfilling its
duties to protect employee’s rights, as
required by statute and regulation.
15. VA may disclose to the Fair Labor
Relations Authority (FLRA) (including
its General Counsel) information related
to the establishment of jurisdiction, the
investigation and resolution of
allegations of unfair labor practices, or
information in connection with the
resolution of exceptions to arbitration
awards when a question of material fact
is raised; to disclose information in
matters properly before the Federal
Services Impasse Panel, and to
investigate representation petitions and
conduct or supervise representation
elections. VA must be able to provide
information to FLRA to comply with the
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statutory mandate under which it
operates.
16. Disclosure of health record data,
excluding name and address, unless
name and address is furnished by the
requester, may be made to
epidemiological and other research
facilities for research purposes
determined to be necessary and proper
when approved in accordance with VA
policy.
17. Disclosure of name(s) and
address(s) of present or former
personnel of the armed services, and/or
their dependents, may be made to: (a) A
Federal department or agency, at the
written request of the head or designee
of that agency; or (b) directly to a
contractor or subcontractor of a Federal
department or agency, for the purpose of
conducting Federal research necessary
to accomplish a statutory purpose of an
agency. When disclosure of this
information is made directly to a
contractor, VA may impose applicable
conditions on the department, agency,
and/or contractor to ensure the
appropriateness of the disclosure to the
contractor.
18. 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 service
to VA.
19. 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.
20. 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) VA 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
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security, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by VA or
another agency or entity) that rely upon
the potentially compromised
information; and (3) the disclosure is to
agencies, entities, or persons whom VA
determines are reasonably necessary to
assist or carry out VA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by VA 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.
21. VA may disclose information from
this system to a Federal agency for the
purpose of conducting research and data
analysis to perform a statutory purpose
of that Federal agency upon the prior
written request of that agency, provided
that there is legal authority under all
applicable confidentiality statutes and
regulations to provide the data and VA
has determined prior to the disclosure
that VA data handling requirements are
satisfied.
22. 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. VA must be able to provide
information to OMB to assist it in
fulfilling its duties as required by statute
and regulation.
23. VA may disclose this information
to the Department of Defense (DoD) for
joint ventures between the two
Departments to promote improved
patient care, better health care resource
utilization, and formal research studies.
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 VA
collected the information. In all of the
routine use disclosures described above,
either the recipient of the information
will use the information in connection
with a matter relating to one of VA’s
programs, will use the information to
provide a benefit to VA, or disclosure is
required by law.
The notice of intent to publish 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
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guidelines issued by OMB (65 FR
77677), December 12, 2000.
Approved: December 20, 2013.
Jose D. Riojas,
Chief of Staff, Department of Veterans Affairs.
172VA10P2
SYSTEM NAME:
‘‘VHA Corporate Data WarehouseVA’’
SYSTEM LOCATION:
CDW is located at the VA Corporate
Data Center Operations, Austin
Information Technology Center, 1615
Woodward Street, Austin, TX 78772.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records contain information for
all individuals
(1) receiving health care from VHA;
(2) receiving health care from DoD;
(3) providing the health care;
(4) or working for VA or DoD.
Individuals encompass Veterans,
members of the armed services, current
and former employees, trainees,
caregivers, contractors, sub-contractors,
consultants, volunteers, and other
individuals working collaboratively
with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information
related to:
1. Patient health record detailed
information, including information from
Patient Health Record—VA (24VA10P2)
and Patient National Databases—VA
(121VA10P2).
2. The record may include identifying
information (e.g., name, birth date,
death date, admission date, discharge
date, gender, social security number,
taxpayer identification number); address
information (e.g., home and/or mailing
address, home telephone number,
emergency contact information such as
name, address, telephone number, and
relationship); prosthetic and sensory aid
serial numbers; health record numbers;
integration control numbers;
information related to medical
examination or treatment (e.g., location
of VA medical facility providing
examination or treatment, treatment
dates, medical conditions treated or
noted on examination); information
related to military service and status;
3. Patient health insurance
information; including information from
Revenue Program Billing and Collection
Records—VA (114VA16)
4. Medical benefit and eligibility
information; including information from
Revenue Program Billing and Collection
Records—VA (114VA16)
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5. Patient aggregate workload data
such as admissions, discharges, and
outpatient visits; resource utilization
such as laboratory tests, x-rays,
pharmaceuticals, prosthetics and
sensory aids; employee workload and
productivity data;
6. Information on services or products
needed in the provision of medical care
(i.e. pacemakers, prosthetics, dental
implants, hearing aids, etc.) data
collected may include vendor name and
address, details about and/or evaluation
of service or product, price/fee, dates
purchased and delivered;
7. Health care practitioners’
identification number;
8. Employees salary and benefit
information;
9. Financial Information from the
Financial Management System;
10. Human resource information
including employee grade, salary, and
tour of duty;
11. Compensation and pension
determinations, Veteran eligibility, and
other information associated
administering Veteran benefits by the
Veterans Benefit Administration;
12. Data from other Federal agencies;
13. Patient self-entered data (online
forms, etc).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Section
501.
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PURPOSE(S):
The records and information may be
used for clinical decision support,
mobile applications presenting patient
data, statistical analysis to produce
various management, workload tracking,
and follow-up reports; to track and
evaluate the ordering and delivery of
equipment, services and patient care; for
the planning, distribution and
utilization of resources; to monitor the
performance of VISNs; and to allocate
clinical and administrative support to
patient medical care. The data may be
used for VA’s extensive research
programs in accordance with VA policy
and to monitor for bio-terrorist activity.
In addition, the data may be used to
assist in workload allocation for patient
treatment services including provider
panel management, nursing care, clinic
appointments, surgery, diagnostic and
therapeutic procedures; to plan and
schedule training activities for
employees; for audits, reviews and
investigations conducted by the
Network Directors Office and VA
Central Office; for quality assurance
audits, reviews and investigations; for
law enforcement investigations; and for
personnel management, evaluation and
employee ratings, and performance
evaluations.
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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 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 permitting
disclosure.
1. On its own initiative, VA may
disclose information, except for the
names and home addresses of veterans
and their dependents, to a Federal,
State, local, tribal or foreign 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.
On its own initiative, VA may also
disclose 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.
2. Disclosure may be made to any
source from which additional
information is requested (to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the request, and to identify the type of
information requested), when necessary
to obtain information relevant to an
individual’s eligibility, care history, or
other benefits.
3. Disclosure may be made to an
agency in the executive, legislative, or
judicial branch, or the District of
Columbia’s government in response to
its request or at the initiation of VA, in
connection with disease-tracking,
patient outcomes, bio-surveillance, or
other health information required for
program accountability.
4. 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.
Individuals sometimes request the help
of a Member of Congress in resolving
some issues relating to a matter before
VA.
5. Disclosure may be made to NARA
and GSA in records management
inspections conducted under authority
of Title 44, Chapter 29, of the U.S.C.
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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.
6. VA may disclose information from
this system of records to the 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.
7. Records from this system of records
may be disclosed to a Federal agency or
to a State or local government licensing
board and/or to the Federation of State
Medical Boards or a similar nongovernment entity which maintains
records concerning individuals’
employment histories or concerning the
issuance, retention or revocation of
licenses, certifications, or registration
necessary to practice an occupation,
profession or specialty, in order for the
agency to obtain information relevant to
an agency decision concerning the
hiring, retention or termination of an
employee.
8. Records from this system of records
may be disclosed to inform a Federal
agency, licensing boards or the
appropriate non-government entities
about the health care practices of a
terminated, resigned or retired health
care employee whose professional
health care activity so significantly
failed to conform to generally accepted
standards of professional medical
practice, as to raise reasonable concern
for the health and safety of patients
receiving medical care in the private
sector or from another Federal agency.
9. For program review purposes and
the seeking of accreditation and/or
certification, disclosure may be made to
survey teams of the 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.
VA health care facilities undergo
certification and accreditation by
several national accreditation agencies
or boards to comply with regulations
and good medical practices.
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10. Disclosure may be made to a
national certifying body which has the
authority to make decisions concerning
the issuance, retention or revocation of
licenses, certifications or registrations
required to practice a health care
profession, when requested in writing
by an investigator or supervisory official
of the national certifying body for the
purpose of making a decision
concerning the issuance, retention or
revocation of the license, certification or
registration of a named health care
professional.
11. Disclosure may be made to
officials of labor organizations
recognized under 5 U.S.C. Chapter 71,
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting working
conditions.
12. Disclosure may be made to the
VA-appointed representative of an
employee of all notices, determinations,
decisions, or other written
communications issued to the employee
in connection with an examination
ordered by VA under medical
evaluation (formerly fitness-for-duty)
examination procedures or Departmentfiled disability retirement procedures.
13. VA may disclose information to
officials of the MSPB, or the Office of
Special Counsel, when requested in
connection with appeals, special studies
of the civil service and other merit
systems, review of rules and regulations,
investigation of alleged or possible
prohibited personnel practices, and
such other functions, promulgated in 5
U.S.C. 1205 and 1206, or as authorized
by law.
14. VA may disclose information to
the EEOC when requested in connection
with investigations of alleged or
possible discriminatory practices,
examination of Federal affirmative
employment programs, or for other
functions of the EEOC as authorized by
law or regulation.
15. VA may disclose to the FLRA
(including its General Counsel)
information related to the establishment
of jurisdiction, the investigation and
resolution of allegations of unfair labor
practices, or information in connection
with the resolution of exceptions to
arbitration awards when a question of
material fact is raised; to disclose
information in matters properly before
the Federal Services Impasse Panel, and
to investigate representation petitions
and conduct or supervise representation
elections.
16. Disclosure of health record data,
excluding name and address, unless
name and address is furnished by the
requester, may be made to
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epidemiological and other research
facilities for research purposes
determined to be necessary and proper
when approved in accordance with VA
policy.
17. Disclosure of name(s) and
address(s) of present or former
personnel of the armed services, and/or
their dependents, may be made to: (a) A
Federal department or agency, at the
written request of the head or designee
of that agency; or (b) directly to a
contractor or subcontractor of a Federal
department or agency, for the purpose of
conducting Federal research necessary
to accomplish a statutory purpose of an
agency. When disclosure of this
information is made directly to a
contractor, VA may impose applicable
conditions on the department, agency,
and/or contractor to insure the
appropriateness of the disclosure to the
contractor.
18. 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.
19. 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.
20. 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) VA 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 VA or
another agency or entity) that rely upon
the potentially compromised
information; and (3) the disclosure is to
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4381
agencies, entities, or persons whom VA
determines are reasonably necessary to
assist or carry out VA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by VA 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.
21. VA may disclose information from
this system to a Federal agency for the
purpose of conducting research and data
analysis to perform a statutory purpose
of that Federal agency upon the prior
written request of that agency, provided
that there is legal authority under all
applicable confidentiality statutes and
regulations to provide the data and VA
has determined prior to the disclosure
that VA data handling requirements are
satisfied.
22. VA may disclose information from
this system of records to 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.
23. VA may disclose this information
to the DoD for joint ventures between
the two Departments to promote
improved patient care, better health care
resource utilization, and formal research
studies.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on Storage
Area Networks.
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 and use of data
warehouses are limited to those persons
whose official duties require such
access, and the VA has established
security procedures to ensure that
access is appropriately limited.
Information security officers and system
data stewards review and authorize data
access requests. VA regulates data
warehouse access with security software
that relies on network authentication.
VA requires information security
training to all staff and instructs staff on
the responsibility each person has for
safeguarding data confidentiality.
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Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Notices
2. Physical access to computer rooms
housing data warehouses are restricted
to authorized staff and protected by a
variety of security devices.
Unauthorized employees, contractors,
and other staff are not allowed in
computer rooms.
3. Data transmissions between
operational systems and data
warehouses maintained by this system
of record are protected by state of the art
telecommunication software and
hardware. This may include firewalls,
intrusion detection devices, encryption,
and other security measures necessary
to safeguard data as it travels across the
VA Wide Area Network.
4. In most cases, copies of back-up
computer files are maintained at off-site
locations.
RETENTION AND DISPOSAL:
Records are maintained and disposed
of in accordance with records
disposition authority approved by the
Archivist of the United States. The
records are disposed of in accordance
with General Records Schedule 20, item
4.
Item 4 provides for deletion of data
files when the agency determines that
the files are no longer needed for
administrative, legal, audit, or other
operational purposes.
SYSTEM MANAGER(S) AND ADDRESS:
Officials responsible for policies and
procedures; Assistant Deputy Under
Secretary for Health for Informatics and
Analytics (10P2), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420. Officials
maintaining this system of records;
Director, National Data Systems
(10P2C), Austin Information Technology
Center, 1615 Woodward Street, Austin,
Texas 78772.
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether this system of records contains
information about them should contact
the Director of National Data Systems
(10P2C), Austin Information Technology
Center, 1615 Woodward Street, Austin,
Texas 78772. Inquiries should include
the person’s full name, social security
number, location and dates of
employment or location and dates of
treatment, and their return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information
regarding access to and contesting of
records in this system may write or call
the Director of VHA National Data
Systems (10P2C), located at the VA
Corporate Data Center Operations,
Austin Campus, 1615 Woodward Street,
Austin, Texas 78772, or call the VA
National Service Desk and ask to speak
with the VHA Director of National Data
Systems at (512) 326–6780.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by veterans, VA employees,
VA computer systems, Veterans Health
Information Systems and Technology
Architecture (VistA), VA Medical
Centers, VA Program Offices, VISNs,
DoD, other Federal Agencies.
VA Appendix A
Database name
Location
Corporate Data Warehouse .....................................................................
Austin Information Technology Center, 1615 Woodward Street, Austin,
TX 78772.
Region 1 Data Warehouse, Herakles Data Center, 1100 North Market
Blvd, Sacramento, CA 95834.
Little Rock VA Medical Center, IRM/Bldg 102, 2200 Ft. Roots Drive,
North Little Rock, AR 72114.
Durham VAMC, 508 Fulton Street, Durham, NC 27705.
Sungard Availability Services, 401 N. Broad Street, Suite 11.803, Philadelphia, PA 19108.
Austin Information Technology Center 1615 Woodward Street Austin,
TX 78772.
Regional Data Warehouses (RDW) .........................................................
Region 2 Data Warehouse .......................................................................
Region 3 Data Warehouse .......................................................................
Region 4 Data Warehouse .......................................................................
Veterans Informatics, Information and Computing Infrastructure (VINCI)
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27JAN1
Agencies
[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Notices]
[Pages 4377-4382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01497]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of new system of records.
-----------------------------------------------------------------------
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 the
Department of Veterans Affairs (VA) is establishing a new system of
records entitled ``VHA Corporate Data Warehouse-VA'' (172VA10P2).
DATES: Comments on this new system of records must be received no later
than February 26, 2014. If no public comment is received during the
period allowed for comment or unless otherwise published in the Federal
Register by VA, the new system will become effective February 26, 2014.
ADDRESSES: Written comments concerning the proposed amended system of
records may be submitted by: mail or hand-delivery to Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or email to https://www.Regulations.gov. All 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.
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420; telephone (704) 245-2492.
SUPPLEMENTARY INFORMATION: Background: VHA is the largest health care
provider in the country. In order to maintain this organization, VHA
collects patient health data, financial data, employee data, and
patient entered data for patient care, decision support, population
studies, research, behavior profiling, workflow integration and other
business intelligence applications. The data is entered and stored in
the appropriate system of record.
I. Description of Proposed Systems of Records: The proposed system
of record identifies data warehouses that contains health information
such as patient assessments, diagnoses, treatments, tests, and
pharmaceutical data. The records include information created or
collected during the course of normal clinical and administrative work
and is provided by employees, students, volunteers, caregivers,
contractors, subcontractors, and consultants. It also contains patient
self-entered data and patient financial information provided by
patients or other governmental agencies.
All data collected by the organization and centrally stored in the
Corporate Data Warehouse (CDW) provides a central source of data that
supports the delivery of health care, supports management decision
making, allows for performance measurement, and provides a rich
resource for VHA research. The CDW is located in Austin, Texas. VA
delivers information technology support by dividing the United States
into four regions. Each region contains a regional data warehouse (RDW)
that may contain some or all of the CDW content.
VHA uses data stored in data warehouses to prepare various
management, tracking, and follow-up reports necessary for the effective
operation of VHA as it plans for and then delivers quality health care,
which includes evaluating patient eligibility, benefits and care
services; monitoring the distribution and utilization of resources
including provider panel management; tracking disease and patient
outcomes; program review, accreditation and licensing; quality
assurance audits and investigations; law enforcement investigations;
and measuring Veterans Integrated Service Network (VISN) performance.
The data may be used to validate labor policies and practices and be
extracted or interrogated by VA researchers in accordance with
established protocols. The data warehouses covered by this system of
records are identified and listed with their physical location in
Appendix A.
II. Proposed Routine Use Disclosures of Data in the System: To the
extent that records contained in the system include information
protected by 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 permitting disclosure.
VHA is proposing the following routine use disclosures of
information to be maintained in the system:
1. On its own initiative, VA may disclose information, except for
the names and home addresses of veterans and their dependents, to a
Federal, State, local, tribal, or foreign 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. On its
own initiative, VA may also disclose 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. VA must
be able to comply with the requirements of agencies charged with
enforcing the law and conducting investigations. VA must also be able
to provide information to State or local agencies charged with
protecting the public's health as set forth in State law.
[[Page 4378]]
2. Disclosure may be made to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), when necessary to obtain
information relevant to an individual's eligibility, care history, or
other benefits.
3. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia's
government in response to its request or at the initiation of VA, in
connection with disease-tracking, patient outcomes, bio-surveillance,
or other health information required for program accountability.
4. 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.
Individuals sometimes request the help of a Member of Congress in
resolving some issues relating to a matter before VA. The Member of
Congress then writes to VA, and VA must be able to give sufficient
information to give an appropriate response to the inquiry.
5. Disclosure may be made to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA) in
records management inspections conducted under authority of Title 44,
Chapter 29, 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.
6. 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.
7. Records from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity which maintains records concerning individuals' employment
histories or concerning the issuance, retention or revocation of
licenses, certifications, or registration necessary to practice an
occupation, profession or specialty, in order for the agency to obtain
information relevant to an agency decision concerning the hiring,
retention or termination of an employee.
8. Records from this system of records may be disclosed to inform a
Federal agency, licensing boards or the appropriate non-government
entities about the health care practices of a terminated, resigned or
retired health care employee whose professional health care activity so
significantly failed to conform to generally accepted standards of
professional medical practice as to raise reasonable concern for the
health and safety of patients receiving medical care in the private
sector or from another Federal agency.
9. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of 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. VA health care facilities undergo certification
and accreditation by several national accreditation agencies or boards
to comply with regulations and good medical practices. VA must be able
to disclose information for program review purposes and the seeking of
accreditation and/or certification of health care facilities and
programs.
10. Disclosure may be made to a national certifying body which has
the authority to make decisions concerning the issuance, retention or
revocation of licenses, certifications or registrations required to
practice a health care profession, when requested in writing by an
investigator or supervisory official of the national certifying body
for the purpose of making a decision concerning the issuance, retention
or revocation of the license, certification or registration of a named
health care professional. VA must be able to report information
regarding the care a health care practitioner provides to a national
certifying body charged with maintaining the health and safety of
patients by making a decision about a health care professional's
license, certification or registration, such as issuance, retention,
revocation, suspension or other actions.
11. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting working conditions.
12. Disclosure may be made to the VA-appointed representative of an
employee of all notices, determinations, decisions, or other written
communications issued to the employee in connection with an examination
ordered by VA under medical evaluation (formerly fitness-for-duty)
examination procedures or Department-filed disability retirement
procedures.
13. VA may disclose information to officials of the Merit Systems
Protection Board (MSPB), or the Office of Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as
authorized by law.
14. VA may disclose information to the Equal Employment Opportunity
Commission (EEOC) when requested in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the EEOC as
authorized by law or regulation. VA must be able to provide information
to the EEOC to assist it in fulfilling its duties to protect employee's
rights, as required by statute and regulation.
15. VA may disclose to the Fair Labor Relations Authority (FLRA)
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a question
of material fact is raised; to disclose information in matters properly
before the Federal Services Impasse Panel, and to investigate
representation petitions and conduct or supervise representation
elections. VA must be able to provide information to FLRA to comply
with the
[[Page 4379]]
statutory mandate under which it operates.
16. Disclosure of health record data, excluding name and address,
unless name and address is furnished by the requester, may be made to
epidemiological and other research facilities for research purposes
determined to be necessary and proper when approved in accordance with
VA policy.
17. Disclosure of name(s) and address(s) of present or former
personnel of the armed services, and/or their dependents, may be made
to: (a) A Federal department or agency, at the written request of the
head or designee of that agency; or (b) directly to a contractor or
subcontractor of a Federal department or agency, for the purpose of
conducting Federal research necessary to accomplish a statutory purpose
of an agency. When disclosure of this information is made directly to a
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to ensure the appropriateness of the
disclosure to the contractor.
18. 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 service to VA.
19. 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.
20. 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) VA 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 VA or
another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out VA's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm. This routine use permits
disclosures by VA 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.
21. VA may disclose information from this system to a Federal
agency for the purpose of conducting research and data analysis to
perform a statutory purpose of that Federal agency upon the prior
written request of that agency, provided that there is legal authority
under all applicable confidentiality statutes and regulations to
provide the data and VA has determined prior to the disclosure that VA
data handling requirements are satisfied.
22. 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. VA must be
able to provide information to OMB to assist it in fulfilling its
duties as required by statute and regulation.
23. VA may disclose this information to the Department of Defense
(DoD) for joint ventures between the two Departments to promote
improved patient care, better health care resource utilization, and
formal research studies.
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 VA collected the
information. In all of the routine use disclosures described above,
either the recipient of the information will use the information in
connection with a matter relating to one of VA's programs, will use the
information to provide a benefit to VA, or disclosure is required by
law.
The notice of intent to publish 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 guidelines issued by OMB
(65 FR 77677), December 12, 2000.
Approved: December 20, 2013.
Jose D. Riojas,
Chief of Staff, Department of Veterans Affairs.
172VA10P2
SYSTEM NAME:
``VHA Corporate Data Warehouse-VA''
SYSTEM LOCATION:
CDW is located at the VA Corporate Data Center Operations, Austin
Information Technology Center, 1615 Woodward Street, Austin, TX 78772.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records contain information for all individuals
(1) receiving health care from VHA;
(2) receiving health care from DoD;
(3) providing the health care;
(4) or working for VA or DoD.
Individuals encompass Veterans, members of the armed services,
current and former employees, trainees, caregivers, contractors, sub-
contractors, consultants, volunteers, and other individuals working
collaboratively with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information related to:
1. Patient health record detailed information, including
information from Patient Health Record--VA (24VA10P2) and Patient
National Databases--VA (121VA10P2).
2. The record may include identifying information (e.g., name,
birth date, death date, admission date, discharge date, gender, social
security number, taxpayer identification number); address information
(e.g., home and/or mailing address, home telephone number, emergency
contact information such as name, address, telephone number, and
relationship); prosthetic and sensory aid serial numbers; health record
numbers; integration control numbers; information related to medical
examination or treatment (e.g., location of VA medical facility
providing examination or treatment, treatment dates, medical conditions
treated or noted on examination); information related to military
service and status;
3. Patient health insurance information; including information from
Revenue Program Billing and Collection Records--VA (114VA16)
4. Medical benefit and eligibility information; including
information from Revenue Program Billing and Collection Records--VA
(114VA16)
[[Page 4380]]
5. Patient aggregate workload data such as admissions, discharges,
and outpatient visits; resource utilization such as laboratory tests,
x-rays, pharmaceuticals, prosthetics and sensory aids; employee
workload and productivity data;
6. Information on services or products needed in the provision of
medical care (i.e. pacemakers, prosthetics, dental implants, hearing
aids, etc.) data collected may include vendor name and address, details
about and/or evaluation of service or product, price/fee, dates
purchased and delivered;
7. Health care practitioners' identification number;
8. Employees salary and benefit information;
9. Financial Information from the Financial Management System;
10. Human resource information including employee grade, salary,
and tour of duty;
11. Compensation and pension determinations, Veteran eligibility,
and other information associated administering Veteran benefits by the
Veterans Benefit Administration;
12. Data from other Federal agencies;
13. Patient self-entered data (online forms, etc).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Section 501.
PURPOSE(S):
The records and information may be used for clinical decision
support, mobile applications presenting patient data, statistical
analysis to produce various management, workload tracking, and follow-
up reports; to track and evaluate the ordering and delivery of
equipment, services and patient care; for the planning, distribution
and utilization of resources; to monitor the performance of VISNs; and
to allocate clinical and administrative support to patient medical
care. The data may be used for VA's extensive research programs in
accordance with VA policy and to monitor for bio-terrorist activity. In
addition, the data may be used to assist in workload allocation for
patient treatment services including provider panel management, nursing
care, clinic appointments, surgery, diagnostic and therapeutic
procedures; to plan and schedule training activities for employees; for
audits, reviews and investigations conducted by the Network Directors
Office and VA Central Office; for quality assurance audits, reviews and
investigations; for law enforcement investigations; and for personnel
management, evaluation and employee ratings, and performance
evaluations.
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 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 permitting disclosure.
1. On its own initiative, VA may disclose information, except for
the names and home addresses of veterans and their dependents, to a
Federal, State, local, tribal or foreign 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. On its
own initiative, VA may also disclose 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.
2. Disclosure may be made to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), when necessary to obtain
information relevant to an individual's eligibility, care history, or
other benefits.
3. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia's
government in response to its request or at the initiation of VA, in
connection with disease-tracking, patient outcomes, bio-surveillance,
or other health information required for program accountability.
4. 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.
Individuals sometimes request the help of a Member of Congress in
resolving some issues relating to a matter before VA.
5. Disclosure may be made to NARA and GSA in records management
inspections conducted under authority of Title 44, Chapter 29, of the
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.
6. VA may disclose information from this system of records to the
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.
7. Records from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity which maintains records concerning individuals' employment
histories or concerning the issuance, retention or revocation of
licenses, certifications, or registration necessary to practice an
occupation, profession or specialty, in order for the agency to obtain
information relevant to an agency decision concerning the hiring,
retention or termination of an employee.
8. Records from this system of records may be disclosed to inform a
Federal agency, licensing boards or the appropriate non-government
entities about the health care practices of a terminated, resigned or
retired health care employee whose professional health care activity so
significantly failed to conform to generally accepted standards of
professional medical practice, as to raise reasonable concern for the
health and safety of patients receiving medical care in the private
sector or from another Federal agency.
9. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the 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. VA health
care facilities undergo certification and accreditation by several
national accreditation agencies or boards to comply with regulations
and good medical practices.
[[Page 4381]]
10. Disclosure may be made to a national certifying body which has
the authority to make decisions concerning the issuance, retention or
revocation of licenses, certifications or registrations required to
practice a health care profession, when requested in writing by an
investigator or supervisory official of the national certifying body
for the purpose of making a decision concerning the issuance, retention
or revocation of the license, certification or registration of a named
health care professional.
11. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. Chapter 71, when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting working conditions.
12. Disclosure may be made to the VA-appointed representative of an
employee of all notices, determinations, decisions, or other written
communications issued to the employee in connection with an examination
ordered by VA under medical evaluation (formerly fitness-for-duty)
examination procedures or Department-filed disability retirement
procedures.
13. VA may disclose information to officials of the MSPB, or the
Office of Special Counsel, when requested in connection with appeals,
special studies of the civil service and other merit systems, review of
rules and regulations, investigation of alleged or possible prohibited
personnel practices, and such other functions, promulgated in 5 U.S.C.
1205 and 1206, or as authorized by law.
14. VA may disclose information to the EEOC when requested in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
for other functions of the EEOC as authorized by law or regulation.
15. VA may disclose to the FLRA (including its General Counsel)
information related to the establishment of jurisdiction, the
investigation and resolution of allegations of unfair labor practices,
or information in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised; to
disclose information in matters properly before the Federal Services
Impasse Panel, and to investigate representation petitions and conduct
or supervise representation elections.
16. Disclosure of health record data, excluding name and address,
unless name and address is furnished by the requester, may be made to
epidemiological and other research facilities for research purposes
determined to be necessary and proper when approved in accordance with
VA policy.
17. Disclosure of name(s) and address(s) of present or former
personnel of the armed services, and/or their dependents, may be made
to: (a) A Federal department or agency, at the written request of the
head or designee of that agency; or (b) directly to a contractor or
subcontractor of a Federal department or agency, for the purpose of
conducting Federal research necessary to accomplish a statutory purpose
of an agency. When disclosure of this information is made directly to a
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to insure the appropriateness of the
disclosure to the contractor.
18. 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.
19. 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.
20. 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) VA 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 VA or
another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out VA's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm. This routine use permits
disclosures by VA 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.
21. VA may disclose information from this system to a Federal
agency for the purpose of conducting research and data analysis to
perform a statutory purpose of that Federal agency upon the prior
written request of that agency, provided that there is legal authority
under all applicable confidentiality statutes and regulations to
provide the data and VA has determined prior to the disclosure that VA
data handling requirements are satisfied.
22. VA may disclose information from this system of records to 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.
23. VA may disclose this information to the DoD for joint ventures
between the two Departments to promote improved patient care, better
health care resource utilization, and formal research studies.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on Storage Area Networks.
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 and use of data warehouses are limited to those
persons whose official duties require such access, and the VA has
established security procedures to ensure that access is appropriately
limited. Information security officers and system data stewards review
and authorize data access requests. VA regulates data warehouse access
with security software that relies on network authentication. VA
requires information security training to all staff and instructs staff
on the responsibility each person has for safeguarding data
confidentiality.
[[Page 4382]]
2. Physical access to computer rooms housing data warehouses are
restricted to authorized staff and protected by a variety of security
devices. Unauthorized employees, contractors, and other staff are not
allowed in computer rooms.
3. Data transmissions between operational systems and data
warehouses maintained by this system of record are protected by state
of the art telecommunication software and hardware. This may include
firewalls, intrusion detection devices, encryption, and other security
measures necessary to safeguard data as it travels across the VA Wide
Area Network.
4. In most cases, copies of back-up computer files are maintained
at off-site locations.
RETENTION AND DISPOSAL:
Records are maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
The records are disposed of in accordance with General Records Schedule
20, item 4.
Item 4 provides for deletion of data files when the agency
determines that the files are no longer needed for administrative,
legal, audit, or other operational purposes.
SYSTEM MANAGER(S) AND ADDRESS:
Officials responsible for policies and procedures; Assistant Deputy
Under Secretary for Health for Informatics and Analytics (10P2),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420. Officials maintaining this system of records; Director, National
Data Systems (10P2C), Austin Information Technology Center, 1615
Woodward Street, Austin, Texas 78772.
NOTIFICATION PROCEDURE:
Individuals who wish to determine whether this system of records
contains information about them should contact the Director of National
Data Systems (10P2C), Austin Information Technology Center, 1615
Woodward Street, Austin, Texas 78772. Inquiries should include the
person's full name, social security number, location and dates of
employment or location and dates of treatment, and their return
address.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and contesting
of records in this system may write or call the Director of VHA
National Data Systems (10P2C), located at the VA Corporate Data Center
Operations, Austin Campus, 1615 Woodward Street, Austin, Texas 78772,
or call the VA National Service Desk and ask to speak with the VHA
Director of National Data Systems at (512) 326-6780.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by veterans, VA
employees, VA computer systems, Veterans Health Information Systems and
Technology Architecture (VistA), VA Medical Centers, VA Program
Offices, VISNs, DoD, other Federal Agencies.
VA Appendix A
------------------------------------------------------------------------
Database name Location
------------------------------------------------------------------------
Corporate Data Warehouse............... Austin Information Technology
Center, 1615 Woodward Street,
Austin, TX 78772.
Regional Data Warehouses (RDW)......... Region 1 Data Warehouse,
Herakles Data Center, 1100
North Market Blvd, Sacramento,
CA 95834.
Region 2 Data Warehouse................ Little Rock VA Medical Center,
IRM/Bldg 102, 2200 Ft. Roots
Drive, North Little Rock, AR
72114.
Region 3 Data Warehouse................ Durham VAMC, 508 Fulton Street,
Durham, NC 27705.
Region 4 Data Warehouse................ Sungard Availability Services,
401 N. Broad Street, Suite
11.803, Philadelphia, PA
19108.
Veterans Informatics, Information and Austin Information Technology
Computing Infrastructure (VINCI). Center 1615 Woodward Street
Austin, TX 78772.
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[FR Doc. 2014-01497 Filed 1-24-14; 8:45 am]
BILLING CODE 8320-01-P