Privacy Act of 1974; Report of an Altered System of Records, 18631-18638 [2015-07899]
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18631
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Guidance for industry on risk evaluation and mitigation
strategies: modifications and revisions
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average
burden per
response
Total hours
REMS revisions ...................................................................
117
1
152
30
4,560
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
III. Comments
Interested persons may submit either
electronic comments regarding this
document to https://www.regulations.gov
or written comments to the Division of
Dockets Management (see ADDRESSES). It
is only necessary to send one set of
comments. Identify comments with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday, and
will be posted to the docket at https://
www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at https://
www.fda.gov/Drugs/
GuidanceCompliance
RegulatoryInformation/Guidances/
default.htm, https://www.fda.gov/
BiologicsBloodVaccines/
GuidanceCompliance
RegulatoryInformation/default.htm, or
https://www.regulations.gov.
Dated: April 2, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–08015 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Privacy Act of 1974; Report of an
Altered System of Records
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS or
Department).
ACTION: Notice of an Altered System of
Records.
AGENCY:
In accordance with the
requirements of the Privacy Act of 1974
(5 U.S.C. 552a), the Health Resources
and Services Administration (HRSA) is
publishing notice of a proposed
alteration of the system of records
entitled and numbered ‘‘Public Health
and National Health Service Corps
Scholarship Program (NHSC SP),
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SUMMARY:
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National Health Service Corps Loan
Repayment Program (NHSC LRP),
Students to Service, (S2S), NHSC
Student/Resident Experiences and
Rotations in Community Health
(SEARCH), NURSE Corps Loan
Repayment Program (NURSE Corps
LRP) formerly the Nursing Education
Loan Repayment Program (NELRP),
NURSE Corps Scholarship Program
(NURSE Corps SP) formerly the Nursing
Scholarship Program (NSP), Native
Hawaiian Health Scholarship Program
(NHHSP), and Faculty Loan Repayment
Program (FLRP), Applicants and/or
Participants Records System, HHS/
HRSA/BHW,’’ No. 09–15–0037. The
proposed alterations affect the system
name, system location, categories of
records, purposes, routine uses,
safeguards, records retention and
disposal, system manager title and
address, as well as minor editorial
corrections and clarifications.
DATES: HRSA filed an altered system
report with the Chair of the House
Committee on Government Reform and
Oversight, the Chair of the Senate
Committee on Homeland Security and
Governmental Affairs, and the
Administrator, Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB) on
March 30, 2015. To ensure all parties
have adequate time in which to
comment, the altered system, including
the routine uses, will become effective
30 days from the publication of the
notice or 40 days from the date it was
submitted to OMB and Congress,
whichever is later, unless HRSA
receives comments that require
alterations to this notice.
ADDRESSES: Please address comments
to: Associate Administrator, Bureau of
Health Workforce (BHW), Health
Resources and Services Administration
(HRSA), 5600 Fishers Lane, Room 11W–
37, Rockville, MD 20857, telephone
(301) 594–4130, or FAX (301) 594–4076.
Comments received will be available for
inspection at this same address from
9:00 a.m. to 3:00 p.m. (Eastern Standard
Time Zone), Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
BMISS System Manager, Bureau of
Health Workforce, Health Resources and
Services Administration (HRSA), 5600
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Fishers Lane, Room 11W–37, Rockville,
MD 20857, Telephone: 301–443–1587.
SUPPLEMENTARY INFORMATION:
I. Explanation of Changes
• The system of records notice name
has been shortened to ‘‘HHS/HRSA/
BHW Scholarship and Loan Repayment
Program Records.’’
• The Nursing Scholarship Program
(NSP) has been renamed the NURSE
Corps Scholarship Program (NURSE
Corps SP), and the Nursing Education
Loan Repayment Program (NELRP) has
been renamed the NURSE Corps Loan
Repayment Program (NURSE Corps
LRP) and all associated records have
been merged into a new central database
system as noted below.
• A new information system, BHW
Management Information System
Solution (BMISS), has replaced Bureau
of Health Care Delivery and Assistance
NET (BHCDANET), and serves as the
central database for information
concerning the, NHSC SP, NHSC LRP,
S2S, NURSE Corps SP, NURSE Corps
LRP, FLRP, and NHHSP.
• The system location section has
been updated to indicate that electronic
records and electronic copies of paper
records for applicants and participants
under various programs are now stored
in BMISS and to include locations of
records not stored in BMISS (for
example, Ambassador records are
electronic but currently maintained in
an online Web site directory while a
BMISS database is being designed and
built, at which point the records will be
merged into BMISS).
• The categories of records have been
updated to include ‘‘information
concerning educational loans.’’
• The purpose(s) section has been
updated to consolidate certain
descriptions (i.e., to combine the loan
repayment and scholarship program
monitoring activities previously
described in purpose 4 with the other
program selection and monitoring
activities previously described in
purpose 8), and to include intra-agency
transfers of information previously
described as routine uses by mistake
(i.e., transfers to HHS’ debt and
financial management systems).
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• The routine uses have been revised
for editorial clarity and otherwise
updated as follows:
Æ Former routine use 15, pertaining
to preparation of financial management
and accounting documentation and
information to be provided to the
Department of the Treasury, has been
deleted and is instead covered in the
SORN for the ‘‘Unified Financial
Management System,’’ System No. 09–
90–0024, which receives information
from this system for that purpose.
Æ Former routine uses 17, 18, 21 and
22, and a portion of what is now routine
use 16 (formerly 14 and 24), pertaining
to collection of delinquent federal debts,
have been deleted because they are
included in the SORN for the ‘‘Debt
Management and Collection System,’’
System No. 09–40–0012 (see 7, 10, 11,
13), which receives information from
this system for those purposes.
Æ Routine use 8 has been updated to
specify that the information that may be
disclosed includes a participant’s name,
Social Security number (SSN), mailing
address, email address, phone number,
health professions school, residency
training, specialty, program status,
award years, service start and end dates,
and service site address and phone
number.
Æ Routine use 11 has been updated
allowing HHS to release to the
participant’s service site information
from the participant’s file, including but
not limited to, his/her allegations
concerning conditions at the site,
disputes with site management, or
circumstances surrounding his/her
resignation/termination for the purpose
of monitoring the program participant’s
compliance with the service obligation,
including fact-finding to calculate
service credit, to decide transfer
requests, or to make default
determinations.
Æ Routine use 14 has been added to
allow HHS to disclose information
consisting of name, address, SSN, health
professions license number, and place
of employment to a state or local
government agency, including any agent
thereof, maintaining criminal, civil, or
administrative violation records, or
other pertinent information such as
records regarding the investigation or
resolution of allegations involving a
program participant. The purpose of this
disclosure is to enable HHS to monitor
compliance with program requirements
and make determinations regarding
administrative actions or other
remedies, including default
determinations.
Æ Routine use 15 has been added to
allow HHS to disclose Ambassador
information consisting of name, email
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and social network address(es), phone
number(s), employment information,
and professional biographies to current
and prospective participants in BHW
programs and other interested
individuals. The purpose of this
disclosure is to allow these individuals
to contact Ambassadors who serve as
mentors and local resources for the
NHSC programs.
Æ Routine use 17 (formerly 16) has
been updated to allow HHS to disclose
information to loan servicing agencies
for the purposes of obtaining payoff
balances on educational loans and
determining whether loans are eligible
for repayment under the programs.
Æ Routine use 19 (formerly 20) has
been updated to allow HHS to disclose
information to the Department of the
Treasury to determine if the applicant’s
name appears on the Do Not Pay List for
program integrity/applicant eligibility
purposes.
• The safeguards section has been
updated to include encryption,
intrusion detection, and firewalls.
• The retention and disposal section
has been expanded and updated to
include records created in BMISS or
digitized and migrated into BMISS, and
to cite applicable disposition schedules.
• The system manager contact
information has been updated.
• The notification procedure has been
revised to reflect the information that
must be included in a notification
request made by mail.
• The record source categories have
been revised to include these additional
sources: System for Awards
Management (SAM) (formerly the
Excluded Parties List System); HHS
Office of Inspector General Web site
listing individuals excluded from
Medicare, Medicaid, and all other
federal health care programs; and HHS
database of Health Professional Shortage
Areas.
• Other minor editorial corrections
have been made to reflect the
elimination of the Bureau of Clinician
Recruitment and Services (BCRS) and
the transfer of its functions to the newly
established Bureau of Health Workforce
(BHW).
II. The Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the U.S.
Government collects, maintains, and
uses information about individuals in a
system of records. A ‘‘system of
records’’ is a group of any records under
the control of a federal agency from
which information about an individual
is retrieved by the individual’s name or
other personal identifier. The Privacy
Act requires each agency to publish in
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the Federal Register a system of records
notice (SORN) identifying and
describing each system of records the
agency maintains, including the
purposes for which the agency uses
information about individuals in the
system, the routine uses for which the
agency discloses such information
outside the agency, and how individual
record subjects can exercise their rights
under the Privacy Act (e.g., to seek
access to their records in the system).
Dated: March 31, 2015.
Mary K. Wakefield,
Administrator.
System Number: 09–15–0037
SYSTEM NAME:
HHS/HRSA/BHW Scholarship and
Loan Repayment Program Records
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
The servers for the central database
(known as the Bureau of Health
Workforce (BHW) Management
Information System Solution (BMISS))
are located at the Center for Information
Technology, National Institutes of
Health, 12 South Drive, Room 1100,
Bethesda, Maryland 20892, and are
accessed from computer workstations in
program offices listed below. Paper
copies of records included in the central
database, and any paper or electronic
records not included in the central
database, are also stored in the program
offices listed below:
• Native Hawaiian Health
Scholarship Program (NHHSP) records
are located at the BHW, Health
Resources and Services Administration
(HRSA), U.S. Department of Health and
Human Services (HHS), 5600 Fishers
Lane, Room 9–105, Rockville, MD 20857
and at Papa Ola Lokahi, 894 Queen St.,
#706, Honolulu, HI 96813.
• Ready Responder electronic records
are located at BHW, HRSA, HHS, 5600
Fishers Lane, Room 15W–21D,
Rockville, MD 20857.
• NHSC Student/Resident
Experiences and Rotations in
Community Health (SEARCH) records
are located at BHW HRSA, HHS, 5600
Fishers Lane, Room 7–100, Rockville,
MD 20857.
Additional records (e.g., spreadsheets
created to perform their duties) are kept
by contractors who assist with the
implementation of the NHSC LRP,
NHSC SP, NURSE Corps LRP (formerly
NELRP), NURSE Corps SP (formerly
NSP), FLRP, and are maintained at the
below contractor locations:
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• Customer Care Center, Teletech,
8123 South Hardy Dr., Tempe, AZ
85284;
• Futrend Technology, Inc., 8605
Westwood Center Dr., Suite 502,
Vienna, VA 22182;
• Sapient Government Services, 1515
N. Courthouse Rd., 4th Floor, Arlington,
VA 22201.
Because contractors may change, a
current listing of contractors and
locations (if different from above) is
available upon request by contacting the
Policy-Coordinating Official. Archived
records (including scanned paper files
that have been merged into BMISS) are
stored at the Washington National
Records Center, 4205 Suitland Road,
Suitland, MD 20746.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system contains information
about the following categories of
individuals:
• Individuals who have applied for,
who are receiving, or who have received
awards under the following programs:
the National Health Service Corps
Scholarship Program (NHSC SP), the
National Health Service Corps Loan
Repayment Program (NHSC LRP),
Students to Service (S2S), the NURSE
Corps Loan Repayment Program
(NURSE Corps LRP) formerly the
Nursing Education Loan Repayment
Program (NELRP), the NURSE Corps
Scholarship Program (NURSE Corps SP)
formerly the Nursing Scholarship
Program (NSP), the Native Hawaiian
Health Scholarship Program (NHHSP),
and the Faculty Loan Repayment
Program (FLRP).
• Individuals who have applied to
participate, are participating, or have
participated in the NHSC Student/
Resident Experiences and Rotations in
Community Health (SEARCH) Program.
• Individuals who are current or
former Ambassadors, Alumni, or Ready
Responders.
• Individuals who indicate an interest
in employment in or an assignment to
a medical facility located in a Health
Professional Shortage Area (HPSA) or a
medically underserved population area,
including public and federal medical
facilities, such as Bureau of Prisons
medical facilities, Indian Health Service
health care facilities, and other federally
sponsored health care facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include the individual’s
name, address(es), telephone number(s),
email address(es), Social Security
number (SSN); scholarship, loan
repayment, Ambassadors, Alumni,
Ready Responders or SEARCH
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application and associated forms/
documents, contracts, employment data,
professional performance and
credentialing history of licensed health
professionals; preference for siteselection; personal, professional, and
demographic background information;
academic and/or service progress
reports (which include related data,
correspondence, and professional
performance information consisting of
continuing education, performance
awards, and adverse or disciplinary
actions); commercial credit reports,
educational data including tuition and
other related education expenses;
educational data including academic
program and status; information
concerning educational loans;
employment status verification (which
includes certifications and verifications
of service obligation); medical data,
financial data, payment data and related
forms, deferment/placement/
suspension/waiver data and supporting
documentation; repayment/delinquent/
default status information,
correspondence to and from Program
applicants and participants and/or their
representatives, Claims Collection
Litigation Reports for default cases
referred to the Department of Justice
(DOJ).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
• Section 333 of the Public Health
Service (PHS) Act, as amended (42
U.S.C. 254f), Assignment of Corps
Personnel;
• Section 225 of the PHS Act (42
U.S.C. 234), as in effect on September
30, 1977, PH/NHSC Scholarship
Training Program;
• Section 409(b) of the Health
Professions Educational Assistance Act
of 1976, (42 U.S.C. 295g), PSASP;
• Sections 338A–H of the PHS Act, as
amended (42 U.S.C. 254l-q), NHSC
Scholarship and Loan Repayment
Programs;
• Sections 336(c) and 331(b)(1) of the
PHS Act (42 U.S.C. 254h-1(c) and
254d(b)(1)), SEARCH;
• Section 846 of the PHS Act, as
amended (42 U.S.C. 297n), NURSE
Corps Loan Repayment Program
(formerly the Nursing Education Loan
Repayment Program) and NURSE Corps
Scholarship Program (formerly the
Nursing Scholarship Program);
• Section 10 of the Native Hawaiian
Health Care Improvement Act, as
amended (42 U.S.C. 11709), NHHSP;
• Section 738(a) of the PHS Act (42
U.S.C. 293b(a)), Faculty Loan
Repayment Program;
• Section 202 of Title II of Pub. L. 92–
157 (42 U.S.C. 3505d), National Health
Professional Shortage Clearinghouse;
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• 31 U.S.C. 7701(c), Debt Collection
Improvement Act of 1996, Requirement
That Applicant Furnish Taxpayer
Identifying Number;
• Section 215(a) of the PHS Act, as
amended (42 U.S.C. 216(a)), pertaining
to PHS commissioned officers, and 5
U.S.C. 3301 pertaining to civil service
employees, both of which authorize
verification of an individual’s suitability
for employment.
PURPOSE(S):
Relevant agency personnel use
records about individuals from this
system on a need to know basis for the
following purposes:
1. To obtain marketing and
recruitment information concerning
individuals who registered to complete
an online application, but did not
submit or complete an application.
2. To identify and select qualified
individuals to participate in the aboveidentified Programs.
3. To maintain records on and to
verify Program applicants’ or
participants’ credentials and
educational background, and previous
and current professional employment
data and performance history
information to verify that all claimed
background and employment data are
valid and all claimed credentials are
current and in good standing from
selection for an award through the
completion of service.
4. To assist the HHS Program Support
Center (PSC), the DOJ, and other
government entities in the collection of
Program debts.
5. To respond to inquiries from
Program applicants and participants,
their attorneys or other authorized
representatives, and Congressional
representatives.
6. To compile and generate
managerial and statistical reports.
7. With respect to the PH/NHSC and
NHSC SP, NHHSP, NURSE Corps SP
(formerly NSP), NHSC LRP, NURSE
Corps LRP (formerly NELRP), and FLRP:
(a) to select and match scholarship
recipients, loan repayors, and other
individuals for assignment to or
employment with a health care or other
facility appropriate to the Programs’
purposes; (b) to perform loan repayment
and scholarship program administrative
activities, including, but not limited to,
payment tracking, deferment of the
service obligation, monitoring a
participant’s compliance with the
service requirements, determination of
service completion, review of
suspension or waiver requests, default
determinations, and calculation of
liability upon default; and (c) to monitor
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the services provided by the Programs’
health care providers.
8. With respect to the SEARCH
Program: (a) to track recruitment of
SEARCH participants for the NHSC
Scholarship and Loan Repayment
Programs; and (b) to determine how
many non-obligated SEARCH
participants ultimately practice primary
health care in a Health Professional
Shortage Area (HPSA).
9. With respect to the Ambassador
and Alumni activities: (a) to advocate
for more health professions students to
choose primary care; (b) to mentor
students and clinicians; and (c) to
recruit students and clinicians for the
NHSC Scholarship and Loan Repayment
Programs, and to train community
leaders and local clinicians to care
about and for people in need.
10. To transfer records of delinquent
federal debts to System No. 09–40–0012,
Debt Management and Collection
System, for debt collection purposes.
11. To transfer information to System
No. 09–90–0024, Unified Financial
Management System (UFMS), for
purposes of effecting payment of
program funds (through the Department
of the Treasury) and preparing and
maintaining financial management and
accounting documentation related to
obligations and disbursements of funds,
(including providing notifications to the
Department of the Treasury) related to
payments to, or on behalf of, awardees.
Information transferred to UFMS for
these purposes is limited to the
individual’s name, address, SSN and
other information necessary to identify
him/her, the funding being sought or
amount of qualifying educational loans,
and the program under which the
awardee is being processed.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to the disclosures
authorized by the Privacy Act at 5
U.S.C. 552a(b)(2) and (b)(4)-(b)(11),
information about an individual may be
disclosed from this system of records to
parties outside HHS, without the
individual’s prior, written consent, for
these routine uses:
1. HHS may disclose to a Member of
Congress or to a Congressional staff
member information from the record of
an individual in response to a written
inquiry from the Congressional office
made at the written request of that
individual.
2. HHS may disclose information from
this system of records to the Department
of Justice (DOJ) or to a court or other
tribunal when
a. HHS, or any component thereof, or
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b. Any HHS employee in his or her
official capacity, or
c. Any HHS employee in his or her
individual capacity where the DOJ (or
HHS, where it is authorized to do so)
has agreed to represent the employee, or
d. The United States Government, is
a party to litigation or has an interest in
such litigation, and by careful review,
HHS determines that the records are
both relevant and necessary to the
litigation and that, therefore, the use of
such records by the DOJ, court, or other
tribunal is deemed by HHS to be
compatible with the purpose for which
the records were collected.
3. In the event that a record on its
face, or in conjunction with other
records, indicates a violation or
potential violation of law, whether civil,
criminal, or regulatory in nature, and
whether arising by general statute or
particular program statute, or by
regulation, rule or order issued pursuant
thereto, disclosure may be made to the
appropriate public authority, whether
federal, state, local, tribal, or otherwise,
responsible for enforcing, investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute or rule, regulation or order
issued pursuant thereto, if the
information is relevant to the
enforcement, regulatory, investigative,
or prosecutorial responsibility of the
receiving entity. This includes, but is
not limited to, disciplinary actions by
state licensing boards against current or
former Program participants.
4. HHS may disclose information
consisting of names, SSN, disciplines
and/or medical specialties, current
mailing addresses, dates of scholarship
support, and dates of graduation of
NHSC SP, NURSE Corps SP (formerly
NSP) and NHHSP scholarship recipients
to: (a) designated coordinators at each
health professions school participating
in the scholarship program for the
purpose of determining educational
expenses and resulting levels of
scholarship support, and for the
purpose of guiding and informing these
recipients about the nature of their
service obligation; and (b) schools
attended by scholarship recipients who
have taken a leave of absence from
school, have terminated enrollment or
been dismissed from school, or are
repeating coursework, for the purpose of
determining their academic status and
whether their scholarship support
should be suspended or resumed, as
appropriate.
5. HHS may disclose information
consisting of name, address, discipline
and/or medical specialty, and SSN from
this system of records to a Program
participant’s health professions school,
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residency program, or other
postgraduate training program, for the
purpose of ascertaining the participant’s
enrollment status and training
completion or graduation date.
6. HHS may disclose records
consisting of names, disciplines and/or
medical specialties, current business or
school mailing addresses, email
addresses of the Programs’ scholarship
and loan repayment participants to
contractors, Ambassadors, Alumni, and
professional organizations in
underserved communities for the
purpose of supporting these clinicians
in the course of their service obligation
in a HPSA, school of nursing, or critical
shortage facility.
7. HHS or its contractors may disclose
records consisting of a SEARCH
participant’s name, mailing address,
email address, phone number, health
professions school, residency training
and specialty to state Primary Care
Offices (PCOs) and Primary Care
Associations (PCAs) and site
representatives for the purpose of
matching participants to potential
employment sites.
8. HHS may disclose records
consisting of a participant’s name, SSN,
mailing address, email address, phone
number, health professions school,
residency training, specialty, program
status, award years, service start and
end dates, and service site address and
phone number to Department grantees,
contractors and subcontractors who
assist with the implementation of the
above-identified Programs, for the
purposes of collecting, compiling,
aggregating, analyzing, or refining
records in the system, or improving
Program operations. Grantees and
contractors maintain, and contractors
are also required to ensure that
subcontractors maintain, Privacy Act
safeguards with respect to such records.
9. HHS may disclose biographical
data and information supplied by
Program applicants or participants: (a)
To references listed on the application
and associated forms for the purpose of
evaluating the applicant’s or
participant’s professional qualifications,
experience, and suitability; (b) to a state
or local government licensing board
and/or to the Federation of State
Medical Boards or a similar nongovernment entity for the purpose of
verifying that all claimed background
and employment data are valid and all
claimed credentials are current and in
good standing; and (c) to prospective,
current or former employers, or to site
representatives, PCAs, and PCOs for the
purpose of appraising the applicant’s
professional qualifications and
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suitability for site assignment or
employment.
10. HHS may disclose an applicant’s
or participant’s name, mailing address,
email address, phone number, SSN,
health professions school, residency
training, and specialty to Department
grantees, site representatives,
contractors, and subcontractors who
assist with the implementation of the
above-identified Programs, for the
purpose of recruiting, screening,
evaluating, and matching, placing, or
assigning health professionals to a
service site appropriate to the relevant
Program’s purposes. In addition,
Department grantees, contractors and
subcontractors may disclose
biographical data and information
supplied by Program applicants,
participants, or references listed on the
application and associated forms: (a) To
other references for the purpose of
evaluating the applicant’s or
participant’s professional qualifications,
experience, and suitability; (b) to a state
or local government licensing board
and/or to the Federation of State
Medical Boards or a similar nongovernment entity for the purpose of
verifying that all claimed background
and employment data are valid and all
claimed credentials are current and in
good standing; (c) to the System for
Awards Management (formerly
Excluded Parties List System) for the
purpose of determining whether
applicants or participants are
suspended, debarred, or disqualified
from participation in covered
transactions; (d) to the National
Practitioner Data Bank for the purpose
of determining whether applicants or
participants have information on their
reports; and (e) to prospective
employers, or to site representatives, for
the purpose of appraising the
applicant’s or participant’s professional
qualifications and suitability for site
assignment or employment. Grantees
and contractors maintain, and
contractors are also required to ensure
that subcontractors maintain, Privacy
Act safeguards with respect to such
records.
11. HHS may disclose records
consisting of name, mailing address,
email address, phone number, SSN,
specialty, and requested or actual
placement site(s) to State Loan
Repayment Grantees, state PCOs and
PCAs, and site representatives to
facilitate PCO, PCA and site activities
related to recruitment and placement of
Program participants at service sites. For
the purpose of monitoring the program
participant’s compliance with the
service obligation, including factfinding to calculate service credit, to
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decide transfer requests, or to make
default determinations, HHS may
release to the participant’s service site
other information from the participant’s
file, including but not limited to, his/her
allegations concerning conditions at the
site, disputes with site management, or
circumstances surrounding his/her
resignation/termination.
12. HHS may disclose records 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: (a) An individual’s
employment history; (b) the issuance,
retention, suspension, revocation, or
reinstatement of licenses or registrations
necessary to practice a health
professional occupation or specialty; (c)
disciplinary action against the
individual or other sanctions imposed
by a state or local government licensing
board; or (d) the individual’s attempts to
pass health professions licensure
exam(s). This disclosure may include
the applicant’s or participant’s name,
address, SSN, employment history,
educational data, accreditation,
licensing, and professional qualification
data, and facts concerning any clinical
competence, unprofessional behavior, or
substance abuse problem of which HHS
is aware. The purposes of this
disclosure are: (1) To enable HHS to
obtain information relevant to a
decision concerning a health
professional’s accomplishments,
professional and personal background
qualifications, experience, and any
licensure sanctions related to substance
abuse, to determine the individual’s
suitability for employment, retention, or
termination as a health services
provider at a health care facility
approved by the relevant Program; and
(2) to inform health professions
licensing boards or the appropriate nongovernment entities about the health
care practices or conduct of a practicing,
terminated, resigned, or retired health
services provider whose professional
conduct so significantly failed to
conform to generally accepted standards
of professional practice for health care
providers as to raise reasonable concern
for the health and safety of patients.
13. HHS may disclose information
consisting of name, address, SSN, health
professions license number, and place
of employment from this system of
records to federal, state, or local health
agencies and law enforcement regarding
a program participant who has a
physical or mental condition that is, or
has the potential to become, a risk to
patients or to the public at large, or
whose aberrant behavior poses such a
risk (e.g., commission of a sexual
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assault, illegal use or distribution of
narcotics).
14. HHS may disclose information
consisting of name, address, SSN, health
professions license number, and place
of employment to a state or local
government agency, including any agent
thereof, maintaining criminal, civil, or
administrative violation records, or
other pertinent information such as
records regarding the investigation or
resolution of allegations involving a
program participant. The purpose of this
disclosure is to enable HHS to monitor
compliance with program requirements
and make determinations regarding
administrative actions or other
remedies, including default
determinations.
15. HHS may disclose Ambassador
information consisting of name, email
and social network address(es), phone
number(s), employment information,
and professional biographies to current
and prospective participants in BHW
programs and other interested
individuals. The purpose of this
disclosure is to allow these individuals
to contact Ambassadors who serve as
mentors and local resources for the
NHSC programs.
16. HHS may disclose information
from this system of records to a
consumer reporting agency, as defined
in 31 U.S.C. 3701(a)(3), for the following
purposes:
a. To obtain a commercial credit
report to assess the creditworthiness of
a scholarship or loan repayment
applicant;
b. To verify information provided on
the scholarship or loan repayment
application concerning whether the
applicant has ever defaulted on a federal
or non-federal obligation, or had
delinquent federal or non-federal debts
or judgment liens;
c. To determine and verify the
eligibility of loans submitted for
repayment;
d. To assess and verify ability of a
debtor to repay debts owed to the
federal government; and
e. To provide an incentive for debtors
to repay federal debts by making these
debts part of their credit records.
Pursuant to 31 U.S.C. 3711(e)(1)(F),
the information disclosed to the
consumer reporting agency is limited to
(i) information necessary to establish the
identity of the person, including name,
address, and taxpayer identification
number; (ii) the amount, status, and
history of the claim; and (iii) the agency
or program under which the claim
arose.
17. HHS may disclose information
about NHSC LRP, S2S, NURSE Corps
LRP (formerly NELRP), and FLRP
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applicants or participants to lending
institutions and loan servicing agencies
for the purpose of obtaining payoff
balances on educational loans and
determining whether loans are eligible
for repayment under the Program.
Disclosure will be limited to the
applicant/participant’s name, address,
SSN, the loan account number(s), the
pre-verified loan balance, account
status, and other information necessary
to identify the LRP applicant/
participant and his/her loans for this
purpose.
18. HHS may disclose information to
the Department of the Treasury, Internal
Revenue Service (IRS), about an
individual applying under the aboveidentified Programs to find out whether
the applicant has a delinquent tax debt.
This disclosure is for the sole purpose
of determining the applicant’s eligibility
for funding and/or creditworthiness and
is limited to the individual’s name,
address, SSN, other information
necessary to identify him/her, and the
program for which the information is
being obtained.
19. HHS may disclose information
from this system of records to another
federal, state, or local agency or private
employer to whom a Program defaulter
has applied for federal grant funds,
federal scholarship, loan, or loan
repayment funds, or employment
involving federal funds, for the purpose
of ensuring that the Program defaulter
does not receive federal funds for which
he/she is ineligible. Disclosure will be
limited to the defaulter’s name, address,
SSN, inclusion on the Do Not Pay List,
and any other information necessary to
identify him/her.
20. HHS may disclose information
from this system of records to the DOJ
and applicable state agencies in order to
exclude a debtor from all federal health
care programs, as defined in 42 U.S.C.
1320a–7b(f), including Medicare and
Medicaid, or to conclude a settlement
agreement staying such an exclusion.
21. HHS may disclose information
from this system of records to other
federal, state, and local agencies, and
public and private entities that provide
scholarship and/or loan repayment
funding or include bonus clauses in
employment contracts, for the following
purposes: (a) to curtail fraud and abuse
of federal funds by identifying
individuals who have applied for, or
accepted, funding from another source
for performance of the same service; and
(b) to determine if an applicant has an
existing service obligation to another
federal, state, local, or other entity.
22. HHS may disclose to federal, state,
and local agencies, and public and
private non-profit entities for research
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purposes, the name, address(es), SSN,
discipline and service sites of applicants
and participants in the above-identified
Programs when the Department:
i. has determined that the use or
disclosure does not violate legal or
policy limitations under which the
record was provided, collected, or
obtained;
ii. has determined that a bona fide
research/analysis purpose exists;
iii. has required the recipient to:
• establish strict limitations
concerning the receipt and use of
applicant- and participant-identified
data;
• establish reasonable administrative,
technical, and physical safeguards to
protect the confidentiality of the data
and to prevent the unauthorized use or
disclosure of the record;
• remove, destroy, or return the
information that identifies the applicant
or participant at the earliest time at
which removal or destruction can be
accomplished consistent with the
purpose of the research project, unless
the recipient has presented adequate
justification of a research nature for
retaining such information; and
• make no further use or disclosure of
the record except as authorized by HHS
or when required by law; and
iv. has secured a written statement
attesting to the recipient’s
understanding of, and willingness to
abide by these provisions.
23. Disclosure may be made in
response to a subpoena from another
federal agency having the power to
subpoena other agencies’ records, such
as the IRS or U.S. Commission on Civil
Rights.
24. Disclosure of information from
this system of records may be made to
the HHS/PSC/Federal Occupational
Health contract physicians to review
and provide a written opinion of the
medical documentation submitted by
scholarship and loan repayment
Program participants seeking a
suspension or waiver of their service or
payment obligation.
25. Disclosure to the U.S. Department
of Homeland Security (DHS) if captured
in an intrusion detection system used by
HHS and DHS pursuant to a DHS
cybersecurity program that monitors
Internet traffic to and from federal
government computer networks to
prevent a variety of types of
cybersecurity incidents.
26. HHS may disclose records to
appropriate federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
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of information maintained in this
system of records, when the information
disclosed is relevant and necessary for
that assistance.
Because, as described in the Purposes
section, certain information from this
system of records is transferred to HHS’
financial and debt management systems,
those systems’ SORNs should be
consulted for additional routine use
disclosures that may be made without
the individual’s consent. See Unified
Financial Management System, System
No. 09–90–0024, and Debt Management
and Collection System, System No. 09–
40–0012.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM—
STORAGE:
Records are maintained in electronic
database servers and backup servers, file
folders, and for NHHSP records, backup
tapes.
RETRIEVABILITY:
Records are retrieved by an
individual’s name, Social Security
number, or other identifying numbers or
characteristics.
SAFEGUARDS:
a. Authorized Users: Passwordprotected access is limited to persons
authorized and needing to use the
electronic records, which includes
system managers and their staff, BHW
headquarter officials and staff, HRSA
Division of Regional Operations staff,
financial and fiscal management
personnel, Office of the General
Counsel, Office of Information
Technology personnel, and at Papa Ola
Lokahi (POL), an entity which
collaborates with HRSA/BHW in the
administration of the Native Hawaiian
Health Scholarship Program (NHHSP)
through a Cooperative Agreement to
assist with the implementation of the
NHHSP. POL is physically located at
894 Queen St., Honolulu, HI 96813.
b. Additional Authorized Users:
Password-protected access is also
provided to applicants, participants,
and service sites for the purpose of
inputting data, uploading documents, or
submitting queries through BMISS.
c. Physical Safeguards: Rooms where
records are located are locked when not
in use. During regular business hours,
rooms are unlocked but are controlled
by on-site personnel. Security guards
perform random checks on the physical
security of the offices (storage locations)
after duty hours, including weekends
and holidays.
Servers and other computer
equipment used to process identifiable
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data are located in secured areas and
use physical access devices (e.g., keys,
locks, combinations, card readers) and/
or security guards to control entries into
the facility. All facilities housing HRSA
information systems maintain fire
suppression and detection devices/
systems (e.g., sprinkler systems,
handheld fire extinguishers, fixed fire
hoses, and or smoke detectors) that can
be activated in the event of a fire.
With respect to NHHSP records
located at Papa Ola Lokahi (POL), an
entity HRSA/BWH collaborates with to
administer the NHHSP, the building in
which POL’s office is located is publicly
accessible but secured, with limited
accessibility before and after work
hours. Security guards visit the building
at night. NHHSP’s office suite is kept
locked during work hours and
individual offices are also locked when
vacant. Applicant and participant files
are kept in a locked cabinet in a locked
office. Access to these files is limited to
approved staff members, and when the
area the files are in is not under the
direct control of NHHSP staff, the office
and cabinet are kept locked. The file
server is behind a locked office door in
a locked server cabinet. Backup tapes
are stored in a locked, fireproof floor
safe, and a secure, confidential off-site
vault.
Technical safeguards: Encryption,
intrusion detection and firewalls are
utilized. Scans are run against the
BMISS platform for web and
architecture vulnerabilities. Complex or
strong passwords are required and are
changed frequently.
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RETENTION AND DISPOSAL:
Records are retained and disposed of
as follows:
• Files concerning participants who
complete their obligations or whose
obligations are waived, cancelled, or
terminated are transferred to the
Washington National Records Center in
Suitland, Maryland and are destroyed 6
years after final payment, under
disposition schedule HSA B–351 3. 1.
• HRSA has digitized and uploaded
paper files concerning active
participants in BHW scholarship and
loan repayment programs into BMISS.
The paper files are stored at the
Washington National Records Center
and are destroyed 15 years after
closeout, under disposition schedule
N1–512–92–01, item 25P 1 and 2.
• Unfunded or withdrawn applicant
records are destroyed 6 months after the
close of each fiscal year application
period, under disposition schedule N1–
512–92–01, item 25P 1.
• Currently, all records migrated to
BMISS or created in BMISS are retained
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indefinitely, pending NARA’s approval
of a revised schedule.
SYSTEM MANAGER(S) AND ADDRESS:
The System Manager for the system of
records is the following PolicyCoordinating Official:
Director, Division of Policy and
Shortage Designation, Bureau of Health
Workforce (BHW), Health Resources and
Services Administration (HRSA), 5600
Fishers Lane, Room 11W–42, Rockville,
MD 20857.
Points of contact for specific
programs/activities:
• NHSC SP and NHSC LRP
Applications/Awards; Participant
Placement/Assignment; Ready
Responders: Director, Division of the
National Health Service Corps, BHW,
HRSA, 5600 Fishers Lane, Room 8C–26,
Rockville, MD 20857.
• NURSE Corps LRP (formerly
NELRP), NURSE Corps SP (formerly
NSP), and FLRP Applications/Awards;
Participant Placement/Assignment:
Director, Division of Health Careers and
Financial Support, BHW, HRSA, 5600
Fishers Lane, Room 9–105, Rockville,
MD 20857.
• NHSC SP, NHSC LRP, S2S, NURSE
Corps LRP (formerly NELRP), NURSE
Corps SP (formerly NSP), and FLRP
Participants’ service from matching
through service completion: Director,
Division of Participant Support and
Compliance, BHW, HRSA, 5600 Fishers
Lane, Room 15W–50, Rockville, MD
20857.
• Suspension/Waiver/Default
Determination for all BHW Programs:
Chief, Legal and Compliance Branch,
BHW, HRSA, 5600 Fishers Lane, Room
8–73, Rockville, MD 20857.
• NHHSP: Administrator, Papa Ola
Lokahi, 894 Queen St., # 706, Honolulu,
HI 96813.
• SEARCH and Ambassadors:
Director, Division of External Affairs,
BHW, HRSA, 5600 Fishers Lane, Room
7–100, Rockville, MD 20857.
NOTIFICATION PROCEDURE:
To find out if the system contains
records about you, contact the PolicyCoordinating Official, Director, Division
of Policy and Shortage Designation,
Bureau of Health Workforce (BHW),
Health Resources and Services
Administration (HRSA), 5600 Fishers
Lane, Room 11W–42, Rockville, MD
20857 who will refer you to the
appropriate Point of Contact for the
program/activity.
Requests in person: A subject
individual who appears in person at a
specific location seeking access to or
disclosure of records relating to him/her
shall provide his/her name, current
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18637
address, Social Security Number or
other identifying information (e.g., date
of birth), the name of the Program(s) in
which the individual participated (or
applied but was not selected), and at
least one piece of tangible identification,
such as driver’s license, passport, or
voter registration card. Identification
papers with current photographs are
preferred but not required. (A federallyissued picture ID is required to access
many federal facilities such as the
Parklawn Building.) If a subject
individual has no identification but is
personally known to an agency
employee, such employee shall make a
written record verifying the subject
individual’s identity. Where the subject
individual has no identification papers,
the responsible agency official shall
require that the subject individual
certify in writing that he/she is the
individual who he/she claims to be and
that he/she understands that the
knowing and willful request for or
acquisition of a record concerning an
individual under false pretenses is a
criminal offense subject to a $5,000 fine.
Requests by mail: A written request
must contain the name and address of
the requester, Social Security number or
other identifying information, and his/
her signature which is either notarized
to verify his/her identity or includes a
written certification that the requester is
the person he/she claims to be and that
he/she understands that the knowing
and willful request for or acquisition of
records pertaining to an individual
under false pretenses is a criminal
offense subject to a $5,000 fine. In
addition, the following information is
needed: the name of the Program(s) in
which the individual participated (or
applied but was not selected), and the
requester’s current status (e.g., in
training, in deferment, in service, or in
default).
Requests by telephone: Because
positive identification of the caller
cannot be established, telephone
requests are not honored.
RECORD ACCESS PROCEDURES:
Same as notification procedure.
Requesters may also ask for an
accounting of disclosures that have been
made of their records, if any.
CONTESTING RECORD PROCEDURES:
Same as notification procedure.
Contact the Policy-Coordinating
Official; specify the information being
contested, the corrective action sought,
and the reasons for requesting the
correction, along with supporting
information to show how the record is
inaccurate, incomplete, untimely, or
irrelevant.
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RECORD SOURCE CATEGORIES:
Records are obtained directly from the
subject individuals, or from the
following sources: educational
institutions; internship and/or residency
training programs; employers; NHSCapproved service sites; critical shortage
facilities; schools of nursing; lending
institutions and loan servicing agencies;
health professional associations;
National Practitioner Data Bank; System
for Awards Management (formerly
Excluded Parties List System); HHS
Office of Inspector General Web site
listing of individuals excluded from
Medicare, Medicaid, and all other
federal health care programs; HHS
database of Health Professional Shortage
Areas; HHS grantees and contractors/
subcontractors; consumer reporting
agencies/credit bureaus; other federal
agencies, including but not limited to
the Department of the Treasury, IRS,
and the U.S. Postal Service; state health
professions licensing boards and/or the
Federation of State Medical Boards or a
similar non-government entity; and
third parties who provide references or
other information concerning the
subject individual.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
None.
[FR Doc. 2015–07899 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4160–15–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Notice is hereby given that
the Office of Research Integrity (ORI)
has taken final action in the following
case:
Teresita L. Briones, Ph.D., Wayne
State University: Based on the report of
an inquiry conducted by Wayne State
University (WSU) and additional
analysis conducted by ORI in its
oversight review, ORI found that Dr.
Teresita L. Briones, former Associate
Professor, College of Nursing, WSU,
engaged in research misconduct in
research supported by National Institute
of Nursing Research (NINR), National
Institutes of Health (NIH), grants P30
NR009014, R01 NR005260, and R01
NR007666.
ORI found that Respondent
intentionally, knowingly, and recklessly
engaged in research misconduct by
falsifying and/or fabricating data that
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SUMMARY:
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were included in five (5) publications
and three (3) grant applications
submitted to NINR, NIH:
Behavioural Brain Research 279:112–22,
2015 Feb 15 (hereafter referred to as
‘‘BBR 2015’’)
• Journal of Neuroinflammation 11:13,
2014 Jan 22 (hereafter referred to as
‘‘JNI 2014’’)
• Journal of Neurotrauma 26(4):613–25,
2009 Apr (hereafter referred to as
‘‘JNT 2009’’)
• Journal of Neurotrauma 28(12):2485–
92, 2011 Dec (hereafter referred to as
‘‘JNT 2011’’)
• Neuroscience 262:143–55, 2014 Mar
14 (hereafter referred to as ‘‘NS 2014’’)
• R01 NR011167–01
• R01 NR011167–01A1
• R01 NR 011167–01A2
ORI found that Respondent falsified
and/or fabricated data by falsely
reporting the results of Western blot
experiments that examined
neuroinflammation, amyloidogenesis,
and/or cognitive impairment in a rat
model of cerebral ischemia. Specifically,
Respondent duplicated, reused, and
falsely relabeled Western blot gel images
and claimed they represented different
experiments in:
• BBR 2015, Figures 2E and 5D
• JNI 2014, Figures 2A and 2C
• JNT 2009, Figures 2B and 5
• JNT 2011, Figure 2
• NS 2014, Figure 4
• R01 NR011167–01, Figures 5 and 6
• R01 NR011167–01A1, Figures 4A and
4B
• R01 NR011167–01A2, Figures 4A and
4B
As a result of this Agreement,
Respondent will request that the
following publications be retracted: BBR
2015, JNI 2014, JNT 2009, JNT 2011, and
NS 2014.
Dr. Briones has entered into a
Voluntary Exclusion Agreement
(Agreement) and has voluntarily agreed
for a period of three (3) years, beginning
on March 12, 2015:
(1) to exclude herself from any
contracting or subcontracting with any
agency of the United States Government
and from eligibility for or involvement
in nonprocurement programs of the
United States Government referred to as
‘‘covered transactions’’ pursuant to
HHS’ Implementation (2 CFR part 376 et
seq) of OMB Guidelines to Agencies on
Governmentwide Debarment and
Suspension, 2 CFR part 180 (collectively
the ‘‘Debarment Regulations’’);
(2) to exclude herself voluntarily from
serving in any advisory capacity to the
U.S. Public Health Service (PHS)
including, but not limited to, service on
any PHS advisory committee, board,
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and/or peer review committee, or as a
consultant; and
(3) to request that the following
publications be retracted: BBR 2015, JNI
2014, JNT 2009, JNT 2011, and NS 2014.
FOR FURTHER INFORMATION CONTACT:
Acting Director, Office of Research
Integrity, 1101 Wootton Parkway, Suite
750, Rockville, MD 20852, (240) 453–
8200.
Donald Wright,
Acting Director, Office of Research Integrity.
[FR Doc. 2015–07896 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4150–31–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Notice is hereby given that
the Office of Research Integrity (ORI)
has taken final action in the following
case:
Ryousuke Fujita, Ph.D., Columbia
University: Based on the report of an
investigation conducted by Columbia
University (CU) and additional analysis
conducted by ORI in its oversight
review, ORI found that Dr. Ryousuke
Fujita, former Postdoctoral Scientist,
Taub Institute for the Aging Brain,
Departments of Pathology and Cell
Biology and Neurology, CU Medical
Center, engaged in research misconduct
in research supported by National
Institute of Neurological Disorders and
Stroke (NINDS), National Institutes of
Health (NIH), grant R01 NS064433 and
National Institute of Aging (NIA), NIH,
grant R01 AG042317.
ORI found that Respondent engaged
in research misconduct by falsifying and
fabricating data for specific protein
expressions in human-induced neuronal
(hiN) cells derived skin fibroblasts of
Alzheimer’s disease patients and
unaffected individuals in seventy-four
(74) panels included in figures in the
following two (2) publications and one
(1) unpublished manuscript:
• Cell 146:359–371, 2011 (hereafter
referred to as ‘‘Cell 2011’’).
• Nature 500:45–53, 2013 (hereafter
referred to as ‘‘Nature 2013’’).
• ‘‘Human induced neuron models of
APOE4-associated Alzheimer’s disease
display altered APP endocytosis and
processing.’’ Unpublished manuscript.
ORI found that Respondent engaged
in research misconduct by knowingly
and intentionally fabricating and
falsifying research in seventy-four (74)
SUMMARY:
E:\FR\FM\07APN1.SGM
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Agencies
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18631-18638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07899]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Privacy Act of 1974; Report of an Altered System of Records
AGENCY: Health Resources and Services Administration (HRSA),
Department of Health and Human Services (HHS or Department).
ACTION: Notice of an Altered System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974 (5 U.S.C. 552a), the Health Resources and Services Administration
(HRSA) is publishing notice of a proposed alteration of the system of
records entitled and numbered ``Public Health and National Health
Service Corps Scholarship Program (NHSC SP), National Health Service
Corps Loan Repayment Program (NHSC LRP), Students to Service, (S2S),
NHSC Student/Resident Experiences and Rotations in Community Health
(SEARCH), NURSE Corps Loan Repayment Program (NURSE Corps LRP) formerly
the Nursing Education Loan Repayment Program (NELRP), NURSE Corps
Scholarship Program (NURSE Corps SP) formerly the Nursing Scholarship
Program (NSP), Native Hawaiian Health Scholarship Program (NHHSP), and
Faculty Loan Repayment Program (FLRP), Applicants and/or Participants
Records System, HHS/HRSA/BHW,'' No. 09-15-0037. The proposed
alterations affect the system name, system location, categories of
records, purposes, routine uses, safeguards, records retention and
disposal, system manager title and address, as well as minor editorial
corrections and clarifications.
DATES: HRSA filed an altered system report with the Chair of the House
Committee on Government Reform and Oversight, the Chair of the Senate
Committee on Homeland Security and Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) on March 30, 2015. To ensure all parties
have adequate time in which to comment, the altered system, including
the routine uses, will become effective 30 days from the publication of
the notice or 40 days from the date it was submitted to OMB and
Congress, whichever is later, unless HRSA receives comments that
require alterations to this notice.
ADDRESSES: Please address comments to: Associate Administrator, Bureau
of Health Workforce (BHW), Health Resources and Services Administration
(HRSA), 5600 Fishers Lane, Room 11W-37, Rockville, MD 20857, telephone
(301) 594-4130, or FAX (301) 594-4076. Comments received will be
available for inspection at this same address from 9:00 a.m. to 3:00
p.m. (Eastern Standard Time Zone), Monday through Friday.
FOR FURTHER INFORMATION CONTACT: BMISS System Manager, Bureau of
Health Workforce, Health Resources and Services Administration (HRSA),
5600 Fishers Lane, Room 11W-37, Rockville, MD 20857, Telephone: 301-
443-1587.
SUPPLEMENTARY INFORMATION:
I. Explanation of Changes
The system of records notice name has been shortened to
``HHS/HRSA/BHW Scholarship and Loan Repayment Program Records.''
The Nursing Scholarship Program (NSP) has been renamed the
NURSE Corps Scholarship Program (NURSE Corps SP), and the Nursing
Education Loan Repayment Program (NELRP) has been renamed the NURSE
Corps Loan Repayment Program (NURSE Corps LRP) and all associated
records have been merged into a new central database system as noted
below.
A new information system, BHW Management Information
System Solution (BMISS), has replaced Bureau of Health Care Delivery
and Assistance NET (BHCDANET), and serves as the central database for
information concerning the, NHSC SP, NHSC LRP, S2S, NURSE Corps SP,
NURSE Corps LRP, FLRP, and NHHSP.
The system location section has been updated to indicate
that electronic records and electronic copies of paper records for
applicants and participants under various programs are now stored in
BMISS and to include locations of records not stored in BMISS (for
example, Ambassador records are electronic but currently maintained in
an online Web site directory while a BMISS database is being designed
and built, at which point the records will be merged into BMISS).
The categories of records have been updated to include
``information concerning educational loans.''
The purpose(s) section has been updated to consolidate
certain descriptions (i.e., to combine the loan repayment and
scholarship program monitoring activities previously described in
purpose 4 with the other program selection and monitoring activities
previously described in purpose 8), and to include intra-agency
transfers of information previously described as routine uses by
mistake (i.e., transfers to HHS' debt and financial management
systems).
[[Page 18632]]
The routine uses have been revised for editorial clarity
and otherwise updated as follows:
[cir] Former routine use 15, pertaining to preparation of financial
management and accounting documentation and information to be provided
to the Department of the Treasury, has been deleted and is instead
covered in the SORN for the ``Unified Financial Management System,''
System No. 09-90-0024, which receives information from this system for
that purpose.
[cir] Former routine uses 17, 18, 21 and 22, and a portion of what
is now routine use 16 (formerly 14 and 24), pertaining to collection of
delinquent federal debts, have been deleted because they are included
in the SORN for the ``Debt Management and Collection System,'' System
No. 09-40-0012 (see 7, 10, 11, 13), which receives information from
this system for those purposes.
[cir] Routine use 8 has been updated to specify that the
information that may be disclosed includes a participant's name, Social
Security number (SSN), mailing address, email address, phone number,
health professions school, residency training, specialty, program
status, award years, service start and end dates, and service site
address and phone number.
[cir] Routine use 11 has been updated allowing HHS to release to
the participant's service site information from the participant's file,
including but not limited to, his/her allegations concerning conditions
at the site, disputes with site management, or circumstances
surrounding his/her resignation/termination for the purpose of
monitoring the program participant's compliance with the service
obligation, including fact-finding to calculate service credit, to
decide transfer requests, or to make default determinations.
[cir] Routine use 14 has been added to allow HHS to disclose
information consisting of name, address, SSN, health professions
license number, and place of employment to a state or local government
agency, including any agent thereof, maintaining criminal, civil, or
administrative violation records, or other pertinent information such
as records regarding the investigation or resolution of allegations
involving a program participant. The purpose of this disclosure is to
enable HHS to monitor compliance with program requirements and make
determinations regarding administrative actions or other remedies,
including default determinations.
[cir] Routine use 15 has been added to allow HHS to disclose
Ambassador information consisting of name, email and social network
address(es), phone number(s), employment information, and professional
biographies to current and prospective participants in BHW programs and
other interested individuals. The purpose of this disclosure is to
allow these individuals to contact Ambassadors who serve as mentors and
local resources for the NHSC programs.
[cir] Routine use 17 (formerly 16) has been updated to allow HHS to
disclose information to loan servicing agencies for the purposes of
obtaining payoff balances on educational loans and determining whether
loans are eligible for repayment under the programs.
[cir] Routine use 19 (formerly 20) has been updated to allow HHS to
disclose information to the Department of the Treasury to determine if
the applicant's name appears on the Do Not Pay List for program
integrity/applicant eligibility purposes.
The safeguards section has been updated to include
encryption, intrusion detection, and firewalls.
The retention and disposal section has been expanded and
updated to include records created in BMISS or digitized and migrated
into BMISS, and to cite applicable disposition schedules.
The system manager contact information has been updated.
The notification procedure has been revised to reflect the
information that must be included in a notification request made by
mail.
The record source categories have been revised to include
these additional sources: System for Awards Management (SAM) (formerly
the Excluded Parties List System); HHS Office of Inspector General Web
site listing individuals excluded from Medicare, Medicaid, and all
other federal health care programs; and HHS database of Health
Professional Shortage Areas.
Other minor editorial corrections have been made to
reflect the elimination of the Bureau of Clinician Recruitment and
Services (BCRS) and the transfer of its functions to the newly
established Bureau of Health Workforce (BHW).
II. The Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the U.S.
Government collects, maintains, and uses information about individuals
in a system of records. A ``system of records'' is a group of any
records under the control of a federal agency from which information
about an individual is retrieved by the individual's name or other
personal identifier. The Privacy Act requires each agency to publish in
the Federal Register a system of records notice (SORN) identifying and
describing each system of records the agency maintains, including the
purposes for which the agency uses information about individuals in the
system, the routine uses for which the agency discloses such
information outside the agency, and how individual record subjects can
exercise their rights under the Privacy Act (e.g., to seek access to
their records in the system).
Dated: March 31, 2015.
Mary K. Wakefield,
Administrator.
System Number: 09-15-0037
System name:
HHS/HRSA/BHW Scholarship and Loan Repayment Program Records
Security classification:
Unclassified
System location:
The servers for the central database (known as the Bureau of Health
Workforce (BHW) Management Information System Solution (BMISS)) are
located at the Center for Information Technology, National Institutes
of Health, 12 South Drive, Room 1100, Bethesda, Maryland 20892, and are
accessed from computer workstations in program offices listed below.
Paper copies of records included in the central database, and any paper
or electronic records not included in the central database, are also
stored in the program offices listed below:
Native Hawaiian Health Scholarship Program (NHHSP) records
are located at the BHW, Health Resources and Services Administration
(HRSA), U.S. Department of Health and Human Services (HHS), 5600
Fishers Lane, Room 9-105, Rockville, MD 20857 and at Papa Ola Lokahi,
894 Queen St., #706, Honolulu, HI 96813.
Ready Responder electronic records are located at BHW,
HRSA, HHS, 5600 Fishers Lane, Room 15W-21D, Rockville, MD 20857.
NHSC Student/Resident Experiences and Rotations in
Community Health (SEARCH) records are located at BHW HRSA, HHS, 5600
Fishers Lane, Room 7-100, Rockville, MD 20857.
Additional records (e.g., spreadsheets created to perform their
duties) are kept by contractors who assist with the implementation of
the NHSC LRP, NHSC SP, NURSE Corps LRP (formerly NELRP), NURSE Corps SP
(formerly NSP), FLRP, and are maintained at the below contractor
locations:
[[Page 18633]]
Customer Care Center, Teletech, 8123 South Hardy Dr.,
Tempe, AZ 85284;
Futrend Technology, Inc., 8605 Westwood Center Dr., Suite
502, Vienna, VA 22182;
Sapient Government Services, 1515 N. Courthouse Rd., 4th
Floor, Arlington, VA 22201.
Because contractors may change, a current listing of contractors
and locations (if different from above) is available upon request by
contacting the Policy-Coordinating Official. Archived records
(including scanned paper files that have been merged into BMISS) are
stored at the Washington National Records Center, 4205 Suitland Road,
Suitland, MD 20746.
Categories of individuals covered by the system:
The system contains information about the following categories of
individuals:
Individuals who have applied for, who are receiving, or
who have received awards under the following programs: the National
Health Service Corps Scholarship Program (NHSC SP), the National Health
Service Corps Loan Repayment Program (NHSC LRP), Students to Service
(S2S), the NURSE Corps Loan Repayment Program (NURSE Corps LRP)
formerly the Nursing Education Loan Repayment Program (NELRP), the
NURSE Corps Scholarship Program (NURSE Corps SP) formerly the Nursing
Scholarship Program (NSP), the Native Hawaiian Health Scholarship
Program (NHHSP), and the Faculty Loan Repayment Program (FLRP).
Individuals who have applied to participate, are
participating, or have participated in the NHSC Student/Resident
Experiences and Rotations in Community Health (SEARCH) Program.
Individuals who are current or former Ambassadors, Alumni,
or Ready Responders.
Individuals who indicate an interest in employment in or
an assignment to a medical facility located in a Health Professional
Shortage Area (HPSA) or a medically underserved population area,
including public and federal medical facilities, such as Bureau of
Prisons medical facilities, Indian Health Service health care
facilities, and other federally sponsored health care facilities.
Categories of records in the system:
Records include the individual's name, address(es), telephone
number(s), email address(es), Social Security number (SSN);
scholarship, loan repayment, Ambassadors, Alumni, Ready Responders or
SEARCH application and associated forms/documents, contracts,
employment data, professional performance and credentialing history of
licensed health professionals; preference for site-selection; personal,
professional, and demographic background information; academic and/or
service progress reports (which include related data, correspondence,
and professional performance information consisting of continuing
education, performance awards, and adverse or disciplinary actions);
commercial credit reports, educational data including tuition and other
related education expenses; educational data including academic program
and status; information concerning educational loans; employment status
verification (which includes certifications and verifications of
service obligation); medical data, financial data, payment data and
related forms, deferment/placement/suspension/waiver data and
supporting documentation; repayment/delinquent/default status
information, correspondence to and from Program applicants and
participants and/or their representatives, Claims Collection Litigation
Reports for default cases referred to the Department of Justice (DOJ).
Authority for maintenance of the system:
Section 333 of the Public Health Service (PHS) Act, as
amended (42 U.S.C. 254f), Assignment of Corps Personnel;
Section 225 of the PHS Act (42 U.S.C. 234), as in effect
on September 30, 1977, PH/NHSC Scholarship Training Program;
Section 409(b) of the Health Professions Educational
Assistance Act of 1976, (42 U.S.C. 295g), PSASP;
Sections 338A-H of the PHS Act, as amended (42 U.S.C.
254l-q), NHSC Scholarship and Loan Repayment Programs;
Sections 336(c) and 331(b)(1) of the PHS Act (42 U.S.C.
254h-1(c) and 254d(b)(1)), SEARCH;
Section 846 of the PHS Act, as amended (42 U.S.C. 297n),
NURSE Corps Loan Repayment Program (formerly the Nursing Education Loan
Repayment Program) and NURSE Corps Scholarship Program (formerly the
Nursing Scholarship Program);
Section 10 of the Native Hawaiian Health Care Improvement
Act, as amended (42 U.S.C. 11709), NHHSP;
Section 738(a) of the PHS Act (42 U.S.C. 293b(a)), Faculty
Loan Repayment Program;
Section 202 of Title II of Pub. L. 92-157 (42 U.S.C.
3505d), National Health Professional Shortage Clearinghouse;
31 U.S.C. 7701(c), Debt Collection Improvement Act of
1996, Requirement That Applicant Furnish Taxpayer Identifying Number;
Section 215(a) of the PHS Act, as amended (42 U.S.C.
216(a)), pertaining to PHS commissioned officers, and 5 U.S.C. 3301
pertaining to civil service employees, both of which authorize
verification of an individual's suitability for employment.
Purpose(s):
Relevant agency personnel use records about individuals from this
system on a need to know basis for the following purposes:
1. To obtain marketing and recruitment information concerning
individuals who registered to complete an online application, but did
not submit or complete an application.
2. To identify and select qualified individuals to participate in
the above-identified Programs.
3. To maintain records on and to verify Program applicants' or
participants' credentials and educational background, and previous and
current professional employment data and performance history
information to verify that all claimed background and employment data
are valid and all claimed credentials are current and in good standing
from selection for an award through the completion of service.
4. To assist the HHS Program Support Center (PSC), the DOJ, and
other government entities in the collection of Program debts.
5. To respond to inquiries from Program applicants and
participants, their attorneys or other authorized representatives, and
Congressional representatives.
6. To compile and generate managerial and statistical reports.
7. With respect to the PH/NHSC and NHSC SP, NHHSP, NURSE Corps SP
(formerly NSP), NHSC LRP, NURSE Corps LRP (formerly NELRP), and FLRP:
(a) to select and match scholarship recipients, loan repayors, and
other individuals for assignment to or employment with a health care or
other facility appropriate to the Programs' purposes; (b) to perform
loan repayment and scholarship program administrative activities,
including, but not limited to, payment tracking, deferment of the
service obligation, monitoring a participant's compliance with the
service requirements, determination of service completion, review of
suspension or waiver requests, default determinations, and calculation
of liability upon default; and (c) to monitor
[[Page 18634]]
the services provided by the Programs' health care providers.
8. With respect to the SEARCH Program: (a) to track recruitment of
SEARCH participants for the NHSC Scholarship and Loan Repayment
Programs; and (b) to determine how many non-obligated SEARCH
participants ultimately practice primary health care in a Health
Professional Shortage Area (HPSA).
9. With respect to the Ambassador and Alumni activities: (a) to
advocate for more health professions students to choose primary care;
(b) to mentor students and clinicians; and (c) to recruit students and
clinicians for the NHSC Scholarship and Loan Repayment Programs, and to
train community leaders and local clinicians to care about and for
people in need.
10. To transfer records of delinquent federal debts to System No.
09-40-0012, Debt Management and Collection System, for debt collection
purposes.
11. To transfer information to System No. 09-90-0024, Unified
Financial Management System (UFMS), for purposes of effecting payment
of program funds (through the Department of the Treasury) and preparing
and maintaining financial management and accounting documentation
related to obligations and disbursements of funds, (including providing
notifications to the Department of the Treasury) related to payments
to, or on behalf of, awardees. Information transferred to UFMS for
these purposes is limited to the individual's name, address, SSN and
other information necessary to identify him/her, the funding being
sought or amount of qualifying educational loans, and the program under
which the awardee is being processed.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to the disclosures authorized by the Privacy Act at 5
U.S.C. 552a(b)(2) and (b)(4)-(b)(11), information about an individual
may be disclosed from this system of records to parties outside HHS,
without the individual's prior, written consent, for these routine
uses:
1. HHS may disclose to a Member of Congress or to a Congressional
staff member information from the record of an individual in response
to a written inquiry from the Congressional office made at the written
request of that individual.
2. HHS may disclose information from this system of records to the
Department of Justice (DOJ) or to a court or other tribunal when
a. HHS, or any component thereof, or
b. Any HHS employee in his or her official capacity, or
c. Any HHS employee in his or her individual capacity where the DOJ
(or HHS, where it is authorized to do so) has agreed to represent the
employee, or
d. The United States Government, is a party to litigation or has an
interest in such litigation, and by careful review, HHS determines that
the records are both relevant and necessary to the litigation and that,
therefore, the use of such records by the DOJ, court, or other tribunal
is deemed by HHS to be compatible with the purpose for which the
records were collected.
3. In the event that a record on its face, or in conjunction with
other records, indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, disclosure may be made to the
appropriate public authority, whether federal, state, local, tribal, or
otherwise, responsible for enforcing, investigating or prosecuting such
violation or charged with enforcing or implementing the statute or
rule, regulation or order issued pursuant thereto, if the information
is relevant to the enforcement, regulatory, investigative, or
prosecutorial responsibility of the receiving entity. This includes,
but is not limited to, disciplinary actions by state licensing boards
against current or former Program participants.
4. HHS may disclose information consisting of names, SSN,
disciplines and/or medical specialties, current mailing addresses,
dates of scholarship support, and dates of graduation of NHSC SP, NURSE
Corps SP (formerly NSP) and NHHSP scholarship recipients to: (a)
designated coordinators at each health professions school participating
in the scholarship program for the purpose of determining educational
expenses and resulting levels of scholarship support, and for the
purpose of guiding and informing these recipients about the nature of
their service obligation; and (b) schools attended by scholarship
recipients who have taken a leave of absence from school, have
terminated enrollment or been dismissed from school, or are repeating
coursework, for the purpose of determining their academic status and
whether their scholarship support should be suspended or resumed, as
appropriate.
5. HHS may disclose information consisting of name, address,
discipline and/or medical specialty, and SSN from this system of
records to a Program participant's health professions school, residency
program, or other postgraduate training program, for the purpose of
ascertaining the participant's enrollment status and training
completion or graduation date.
6. HHS may disclose records consisting of names, disciplines and/or
medical specialties, current business or school mailing addresses,
email addresses of the Programs' scholarship and loan repayment
participants to contractors, Ambassadors, Alumni, and professional
organizations in underserved communities for the purpose of supporting
these clinicians in the course of their service obligation in a HPSA,
school of nursing, or critical shortage facility.
7. HHS or its contractors may disclose records consisting of a
SEARCH participant's name, mailing address, email address, phone
number, health professions school, residency training and specialty to
state Primary Care Offices (PCOs) and Primary Care Associations (PCAs)
and site representatives for the purpose of matching participants to
potential employment sites.
8. HHS may disclose records consisting of a participant's name,
SSN, mailing address, email address, phone number, health professions
school, residency training, specialty, program status, award years,
service start and end dates, and service site address and phone number
to Department grantees, contractors and subcontractors who assist with
the implementation of the above-identified Programs, for the purposes
of collecting, compiling, aggregating, analyzing, or refining records
in the system, or improving Program operations. Grantees and
contractors maintain, and contractors are also required to ensure that
subcontractors maintain, Privacy Act safeguards with respect to such
records.
9. HHS may disclose biographical data and information supplied by
Program applicants or participants: (a) To references listed on the
application and associated forms for the purpose of evaluating the
applicant's or participant's professional qualifications, experience,
and suitability; (b) to a state or local government licensing board
and/or to the Federation of State Medical Boards or a similar non-
government entity for the purpose of verifying that all claimed
background and employment data are valid and all claimed credentials
are current and in good standing; and (c) to prospective, current or
former employers, or to site representatives, PCAs, and PCOs for the
purpose of appraising the applicant's professional qualifications and
[[Page 18635]]
suitability for site assignment or employment.
10. HHS may disclose an applicant's or participant's name, mailing
address, email address, phone number, SSN, health professions school,
residency training, and specialty to Department grantees, site
representatives, contractors, and subcontractors who assist with the
implementation of the above-identified Programs, for the purpose of
recruiting, screening, evaluating, and matching, placing, or assigning
health professionals to a service site appropriate to the relevant
Program's purposes. In addition, Department grantees, contractors and
subcontractors may disclose biographical data and information supplied
by Program applicants, participants, or references listed on the
application and associated forms: (a) To other references for the
purpose of evaluating the applicant's or participant's professional
qualifications, experience, and suitability; (b) to a state or local
government licensing board and/or to the Federation of State Medical
Boards or a similar non-government entity for the purpose of verifying
that all claimed background and employment data are valid and all
claimed credentials are current and in good standing; (c) to the System
for Awards Management (formerly Excluded Parties List System) for the
purpose of determining whether applicants or participants are
suspended, debarred, or disqualified from participation in covered
transactions; (d) to the National Practitioner Data Bank for the
purpose of determining whether applicants or participants have
information on their reports; and (e) to prospective employers, or to
site representatives, for the purpose of appraising the applicant's or
participant's professional qualifications and suitability for site
assignment or employment. Grantees and contractors maintain, and
contractors are also required to ensure that subcontractors maintain,
Privacy Act safeguards with respect to such records.
11. HHS may disclose records consisting of name, mailing address,
email address, phone number, SSN, specialty, and requested or actual
placement site(s) to State Loan Repayment Grantees, state PCOs and
PCAs, and site representatives to facilitate PCO, PCA and site
activities related to recruitment and placement of Program participants
at service sites. For the purpose of monitoring the program
participant's compliance with the service obligation, including fact-
finding to calculate service credit, to decide transfer requests, or to
make default determinations, HHS may release to the participant's
service site other information from the participant's file, including
but not limited to, his/her allegations concerning conditions at the
site, disputes with site management, or circumstances surrounding his/
her resignation/termination.
12. HHS may disclose records 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: (a)
An individual's employment history; (b) the issuance, retention,
suspension, revocation, or reinstatement of licenses or registrations
necessary to practice a health professional occupation or specialty;
(c) disciplinary action against the individual or other sanctions
imposed by a state or local government licensing board; or (d) the
individual's attempts to pass health professions licensure exam(s).
This disclosure may include the applicant's or participant's name,
address, SSN, employment history, educational data, accreditation,
licensing, and professional qualification data, and facts concerning
any clinical competence, unprofessional behavior, or substance abuse
problem of which HHS is aware. The purposes of this disclosure are: (1)
To enable HHS to obtain information relevant to a decision concerning a
health professional's accomplishments, professional and personal
background qualifications, experience, and any licensure sanctions
related to substance abuse, to determine the individual's suitability
for employment, retention, or termination as a health services provider
at a health care facility approved by the relevant Program; and (2) to
inform health professions licensing boards or the appropriate non-
government entities about the health care practices or conduct of a
practicing, terminated, resigned, or retired health services provider
whose professional conduct so significantly failed to conform to
generally accepted standards of professional practice for health care
providers as to raise reasonable concern for the health and safety of
patients.
13. HHS may disclose information consisting of name, address, SSN,
health professions license number, and place of employment from this
system of records to federal, state, or local health agencies and law
enforcement regarding a program participant who has a physical or
mental condition that is, or has the potential to become, a risk to
patients or to the public at large, or whose aberrant behavior poses
such a risk (e.g., commission of a sexual assault, illegal use or
distribution of narcotics).
14. HHS may disclose information consisting of name, address, SSN,
health professions license number, and place of employment to a state
or local government agency, including any agent thereof, maintaining
criminal, civil, or administrative violation records, or other
pertinent information such as records regarding the investigation or
resolution of allegations involving a program participant. The purpose
of this disclosure is to enable HHS to monitor compliance with program
requirements and make determinations regarding administrative actions
or other remedies, including default determinations.
15. HHS may disclose Ambassador information consisting of name,
email and social network address(es), phone number(s), employment
information, and professional biographies to current and prospective
participants in BHW programs and other interested individuals. The
purpose of this disclosure is to allow these individuals to contact
Ambassadors who serve as mentors and local resources for the NHSC
programs.
16. HHS may disclose information from this system of records to a
consumer reporting agency, as defined in 31 U.S.C. 3701(a)(3), for the
following purposes:
a. To obtain a commercial credit report to assess the
creditworthiness of a scholarship or loan repayment applicant;
b. To verify information provided on the scholarship or loan
repayment application concerning whether the applicant has ever
defaulted on a federal or non-federal obligation, or had delinquent
federal or non-federal debts or judgment liens;
c. To determine and verify the eligibility of loans submitted for
repayment;
d. To assess and verify ability of a debtor to repay debts owed to
the federal government; and
e. To provide an incentive for debtors to repay federal debts by
making these debts part of their credit records.
Pursuant to 31 U.S.C. 3711(e)(1)(F), the information disclosed to
the consumer reporting agency is limited to (i) information necessary
to establish the identity of the person, including name, address, and
taxpayer identification number; (ii) the amount, status, and history of
the claim; and (iii) the agency or program under which the claim arose.
17. HHS may disclose information about NHSC LRP, S2S, NURSE Corps
LRP (formerly NELRP), and FLRP
[[Page 18636]]
applicants or participants to lending institutions and loan servicing
agencies for the purpose of obtaining payoff balances on educational
loans and determining whether loans are eligible for repayment under
the Program. Disclosure will be limited to the applicant/participant's
name, address, SSN, the loan account number(s), the pre-verified loan
balance, account status, and other information necessary to identify
the LRP applicant/participant and his/her loans for this purpose.
18. HHS may disclose information to the Department of the Treasury,
Internal Revenue Service (IRS), about an individual applying under the
above-identified Programs to find out whether the applicant has a
delinquent tax debt. This disclosure is for the sole purpose of
determining the applicant's eligibility for funding and/or
creditworthiness and is limited to the individual's name, address, SSN,
other information necessary to identify him/her, and the program for
which the information is being obtained.
19. HHS may disclose information from this system of records to
another federal, state, or local agency or private employer to whom a
Program defaulter has applied for federal grant funds, federal
scholarship, loan, or loan repayment funds, or employment involving
federal funds, for the purpose of ensuring that the Program defaulter
does not receive federal funds for which he/she is ineligible.
Disclosure will be limited to the defaulter's name, address, SSN,
inclusion on the Do Not Pay List, and any other information necessary
to identify him/her.
20. HHS may disclose information from this system of records to the
DOJ and applicable state agencies in order to exclude a debtor from all
federal health care programs, as defined in 42 U.S.C. 1320a-7b(f),
including Medicare and Medicaid, or to conclude a settlement agreement
staying such an exclusion.
21. HHS may disclose information from this system of records to
other federal, state, and local agencies, and public and private
entities that provide scholarship and/or loan repayment funding or
include bonus clauses in employment contracts, for the following
purposes: (a) to curtail fraud and abuse of federal funds by
identifying individuals who have applied for, or accepted, funding from
another source for performance of the same service; and (b) to
determine if an applicant has an existing service obligation to another
federal, state, local, or other entity.
22. HHS may disclose to federal, state, and local agencies, and
public and private non-profit entities for research purposes, the name,
address(es), SSN, discipline and service sites of applicants and
participants in the above-identified Programs when the Department:
i. has determined that the use or disclosure does not violate legal
or policy limitations under which the record was provided, collected,
or obtained;
ii. has determined that a bona fide research/analysis purpose
exists;
iii. has required the recipient to:
establish strict limitations concerning the receipt and
use of applicant- and participant-identified data;
establish reasonable administrative, technical, and
physical safeguards to protect the confidentiality of the data and to
prevent the unauthorized use or disclosure of the record;
remove, destroy, or return the information that identifies
the applicant or participant at the earliest time at which removal or
destruction can be accomplished consistent with the purpose of the
research project, unless the recipient has presented adequate
justification of a research nature for retaining such information; and
make no further use or disclosure of the record except as
authorized by HHS or when required by law; and
iv. has secured a written statement attesting to the recipient's
understanding of, and willingness to abide by these provisions.
23. Disclosure may be made in response to a subpoena from another
federal agency having the power to subpoena other agencies' records,
such as the IRS or U.S. Commission on Civil Rights.
24. Disclosure of information from this system of records may be
made to the HHS/PSC/Federal Occupational Health contract physicians to
review and provide a written opinion of the medical documentation
submitted by scholarship and loan repayment Program participants
seeking a suspension or waiver of their service or payment obligation.
25. Disclosure to the U.S. Department of Homeland Security (DHS) if
captured in an intrusion detection system used by HHS and DHS pursuant
to a DHS cybersecurity program that monitors Internet traffic to and
from federal government computer networks to prevent a variety of types
of cybersecurity incidents.
26. HHS may disclose records to appropriate federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records, when the information disclosed is
relevant and necessary for that assistance.
Because, as described in the Purposes section, certain information
from this system of records is transferred to HHS' financial and debt
management systems, those systems' SORNs should be consulted for
additional routine use disclosures that may be made without the
individual's consent. See Unified Financial Management System, System
No. 09-90-0024, and Debt Management and Collection System, System No.
09-40-0012.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system--
Storage:
Records are maintained in electronic database servers and backup
servers, file folders, and for NHHSP records, backup tapes.
Retrievability:
Records are retrieved by an individual's name, Social Security
number, or other identifying numbers or characteristics.
Safeguards:
a. Authorized Users: Password-protected access is limited to
persons authorized and needing to use the electronic records, which
includes system managers and their staff, BHW headquarter officials and
staff, HRSA Division of Regional Operations staff, financial and fiscal
management personnel, Office of the General Counsel, Office of
Information Technology personnel, and at Papa Ola Lokahi (POL), an
entity which collaborates with HRSA/BHW in the administration of the
Native Hawaiian Health Scholarship Program (NHHSP) through a
Cooperative Agreement to assist with the implementation of the NHHSP.
POL is physically located at 894 Queen St., Honolulu, HI 96813.
b. Additional Authorized Users: Password-protected access is also
provided to applicants, participants, and service sites for the purpose
of inputting data, uploading documents, or submitting queries through
BMISS.
c. Physical Safeguards: Rooms where records are located are locked
when not in use. During regular business hours, rooms are unlocked but
are controlled by on-site personnel. Security guards perform random
checks on the physical security of the offices (storage locations)
after duty hours, including weekends and holidays.
Servers and other computer equipment used to process identifiable
[[Page 18637]]
data are located in secured areas and use physical access devices
(e.g., keys, locks, combinations, card readers) and/or security guards
to control entries into the facility. All facilities housing HRSA
information systems maintain fire suppression and detection devices/
systems (e.g., sprinkler systems, handheld fire extinguishers, fixed
fire hoses, and or smoke detectors) that can be activated in the event
of a fire.
With respect to NHHSP records located at Papa Ola Lokahi (POL), an
entity HRSA/BWH collaborates with to administer the NHHSP, the building
in which POL's office is located is publicly accessible but secured,
with limited accessibility before and after work hours. Security guards
visit the building at night. NHHSP's office suite is kept locked during
work hours and individual offices are also locked when vacant.
Applicant and participant files are kept in a locked cabinet in a
locked office. Access to these files is limited to approved staff
members, and when the area the files are in is not under the direct
control of NHHSP staff, the office and cabinet are kept locked. The
file server is behind a locked office door in a locked server cabinet.
Backup tapes are stored in a locked, fireproof floor safe, and a
secure, confidential off-site vault.
Technical safeguards: Encryption, intrusion detection and firewalls
are utilized. Scans are run against the BMISS platform for web and
architecture vulnerabilities. Complex or strong passwords are required
and are changed frequently.
Retention and disposal:
Records are retained and disposed of as follows:
Files concerning participants who complete their
obligations or whose obligations are waived, cancelled, or terminated
are transferred to the Washington National Records Center in Suitland,
Maryland and are destroyed 6 years after final payment, under
disposition schedule HSA B-351 3. 1.
HRSA has digitized and uploaded paper files concerning
active participants in BHW scholarship and loan repayment programs into
BMISS. The paper files are stored at the Washington National Records
Center and are destroyed 15 years after closeout, under disposition
schedule N1-512-92-01, item 25P 1 and 2.
Unfunded or withdrawn applicant records are destroyed 6
months after the close of each fiscal year application period, under
disposition schedule N1-512-92-01, item 25P 1.
Currently, all records migrated to BMISS or created in
BMISS are retained indefinitely, pending NARA's approval of a revised
schedule.
System manager(s) and address:
The System Manager for the system of records is the following
Policy-Coordinating Official:
Director, Division of Policy and Shortage Designation, Bureau of
Health Workforce (BHW), Health Resources and Services Administration
(HRSA), 5600 Fishers Lane, Room 11W-42, Rockville, MD 20857.
Points of contact for specific programs/activities:
NHSC SP and NHSC LRP Applications/Awards; Participant
Placement/Assignment; Ready Responders: Director, Division of the
National Health Service Corps, BHW, HRSA, 5600 Fishers Lane, Room 8C-
26, Rockville, MD 20857.
NURSE Corps LRP (formerly NELRP), NURSE Corps SP (formerly
NSP), and FLRP Applications/Awards; Participant Placement/Assignment:
Director, Division of Health Careers and Financial Support, BHW, HRSA,
5600 Fishers Lane, Room 9-105, Rockville, MD 20857.
NHSC SP, NHSC LRP, S2S, NURSE Corps LRP (formerly NELRP),
NURSE Corps SP (formerly NSP), and FLRP Participants' service from
matching through service completion: Director, Division of Participant
Support and Compliance, BHW, HRSA, 5600 Fishers Lane, Room 15W-50,
Rockville, MD 20857.
Suspension/Waiver/Default Determination for all BHW
Programs: Chief, Legal and Compliance Branch, BHW, HRSA, 5600 Fishers
Lane, Room 8-73, Rockville, MD 20857.
NHHSP: Administrator, Papa Ola Lokahi, 894 Queen St., #
706, Honolulu, HI 96813.
SEARCH and Ambassadors: Director, Division of External
Affairs, BHW, HRSA, 5600 Fishers Lane, Room 7-100, Rockville, MD 20857.
Notification procedure:
To find out if the system contains records about you, contact the
Policy-Coordinating Official, Director, Division of Policy and Shortage
Designation, Bureau of Health Workforce (BHW), Health Resources and
Services Administration (HRSA), 5600 Fishers Lane, Room 11W-42,
Rockville, MD 20857 who will refer you to the appropriate Point of
Contact for the program/activity.
Requests in person: A subject individual who appears in person at a
specific location seeking access to or disclosure of records relating
to him/her shall provide his/her name, current address, Social Security
Number or other identifying information (e.g., date of birth), the name
of the Program(s) in which the individual participated (or applied but
was not selected), and at least one piece of tangible identification,
such as driver's license, passport, or voter registration card.
Identification papers with current photographs are preferred but not
required. (A federally-issued picture ID is required to access many
federal facilities such as the Parklawn Building.) If a subject
individual has no identification but is personally known to an agency
employee, such employee shall make a written record verifying the
subject individual's identity. Where the subject individual has no
identification papers, the responsible agency official shall require
that the subject individual certify in writing that he/she is the
individual who he/she claims to be and that he/she understands that the
knowing and willful request for or acquisition of a record concerning
an individual under false pretenses is a criminal offense subject to a
$5,000 fine.
Requests by mail: A written request must contain the name and
address of the requester, Social Security number or other identifying
information, and his/her signature which is either notarized to verify
his/her identity or includes a written certification that the requester
is the person he/she claims to be and that he/she understands that the
knowing and willful request for or acquisition of records pertaining to
an individual under false pretenses is a criminal offense subject to a
$5,000 fine. In addition, the following information is needed: the name
of the Program(s) in which the individual participated (or applied but
was not selected), and the requester's current status (e.g., in
training, in deferment, in service, or in default).
Requests by telephone: Because positive identification of the
caller cannot be established, telephone requests are not honored.
Record access procedures:
Same as notification procedure. Requesters may also ask for an
accounting of disclosures that have been made of their records, if any.
Contesting record procedures:
Same as notification procedure. Contact the Policy-Coordinating
Official; specify the information being contested, the corrective
action sought, and the reasons for requesting the correction, along
with supporting information to show how the record is inaccurate,
incomplete, untimely, or irrelevant.
[[Page 18638]]
Record source categories:
Records are obtained directly from the subject individuals, or from
the following sources: educational institutions; internship and/or
residency training programs; employers; NHSC-approved service sites;
critical shortage facilities; schools of nursing; lending institutions
and loan servicing agencies; health professional associations; National
Practitioner Data Bank; System for Awards Management (formerly Excluded
Parties List System); HHS Office of Inspector General Web site listing
of individuals excluded from Medicare, Medicaid, and all other federal
health care programs; HHS database of Health Professional Shortage
Areas; HHS grantees and contractors/subcontractors; consumer reporting
agencies/credit bureaus; other federal agencies, including but not
limited to the Department of the Treasury, IRS, and the U.S. Postal
Service; state health professions licensing boards and/or the
Federation of State Medical Boards or a similar non-government entity;
and third parties who provide references or other information
concerning the subject individual.
System exempted from certain provisions of the Act:
None.
[FR Doc. 2015-07899 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4160-15-P