Privacy Act of 1974; System of Records, 36595-36599 [2015-15351]
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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices
under 28 U.S.C. 991(b)(1)(B) and
Braxton v. United States, 500 U.S. 344
(1991), to resolve conflicting
interpretations of the guidelines by the
federal courts.
(12) Consideration of any
miscellaneous guideline application
issues coming to the Commission’s
attention from case law and other
sources.
The Commission hereby gives notice
that it is seeking comment on these
tentative priorities and on any other
issues that interested persons believe
the Commission should address during
the amendment cycle ending May 1,
2016. To the extent practicable, public
comment should include the following:
(1) A statement of the issue, including,
where appropriate, the scope and
manner of study, particular problem
areas and possible solutions, and any
other matters relevant to a proposed
priority; (2) citations to applicable
sentencing guidelines, statutes, case
law, and constitutional provisions; and
(3) a direct and concise statement of
why the Commission should make the
issue a priority.
Authority: 28 U.S.C. 994(a), (o); USSC
Rules of Practice and Procedure 5.2.
Patti B. Saris,
Chair.
[FR Doc. 2015–15622 Filed 6–24–15; 8:45 am]
BILLING CODE 2210–40–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of amendment to system
of records.
ACTION:
The Privacy Act of 1974 (5
U.S.C. 552(e)(4)) requires that all
agencies publish in the Federal Register
a notice of the existence and character
of their systems of records. The
Department of Veterans Affairs (VA) is
amending the system of records, known
as ‘‘Health Care Provider Credentialing
and Privileging Records-VA’’
(77VA10Q) as set forth in the Federal
Register 73 FR 16097 dated 3/26/08. VA
is amending the system notice by
revising the paragraphs on System
Number, System Location, Categories of
Individuals Covered by the System, and
Routine Uses of Records Maintained in
the System. VA is republishing the
system notice in its entirety at this time.
DATES: Comments on the amendment of
this system of records must be received
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SUMMARY:
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no later than July 27, 2015. If no public
comment is received, the new system
will become effective July 27, 2015.
ADDRESSES: Written comments
concerning the proposed amended
system of records may be submitted by:
mail or hand-delivery to Director,
Regulations Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420; fax to (202)
273–9026; or email to https://
www.Regulations.gov. All comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902
(this is not a toll-free number) for an
appointment.
FOR FURTHER INFORMATION CONTACT:
Veterans Health Administration (VHA)
Privacy Act Officer, Department of
Veterans Affairs, 810 Vermont Ave.
NW., Washington, DC 20420, (704) 245–
2492.
SUPPLEMENTARY INFORMATION: The
system number is changed from
77VA10Q to 77VA10A4 to reflect the
current Organizational alignment. The
System Location section is being
amended to include the name change to
the office maintaining the electronic
records to the VHA Office of Quality,
Safety and Value (OQSV).
The Categories of Individuals Covered
by the System is being amended to add
registered kinesiotherapists.
Routine use 6 is amended to allow the
disclosure of information to academic
affiliates. Routine use 17 and 18 are
being amended to remove the
Healthcare Integrity and Protection Data
Bank (HIPD). Routine use 24 was added
in response to the Veterans Access,
Choice, and Accountability Act of 2014
which requires VA to make publicly
available on and through VA home
pages physician information to include
the name of the facility at which each
physician underwent residency training
in addition to the health care provider’s
name, gender, name of professional
school, State of licensure, and board
certification.
The Report of Intent to Amend a
System of Records Notice and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of the Office of Management
and Budget (OMB) as required by 5
U.S.C. 552a(r) (Privacy Act) and
guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority: The Secretary of
Veterans Affairs, or designee, approved this
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36595
document and authorized the undersigned to
sign and submit the document to the Office
of the Federal Register for publication
electronically as an official document of the
Department of Veterans Affairs. Robert L.
Nabors, II, Chief of Staff, approved this
document on May 27, 2015, for publication.
Dated: June 1, 2015.
Kathleen M. Manwell,
VA Privacy Service, Office of Privacy and
Records Management, Department of
Veterans Affairs.
77VA10A4
SYSTEM NAME:
Health Care Provider Credentialing
and Privileging Records—VA.
SYSTEM LOCATION:
Records are maintained at each
Department of Veterans Affairs (VA)
health care facility. Address locations
for VA facilities are listed in VA
Appendix 1 biennial publication of VA
system of records. In addition,
information from these records or copies
of records may be maintained at the
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420 and/or Veterans Integrated
Service Network (VISN) Offices.
Records for those health care providers
who are contractors in a VA health care
facility, or to VA for the delivery of
health care to veterans and are
credentialed by the contractor in
accordance with Veterans Health
Administration (VHA) policy, where
credentialing information is received by
VHA facilities, it will be maintained in
accordance with this notice and VHA
policy. Electronic copies of records may
be maintained by VHA Office of
Quality, Safety and Value (OQSV), a
component thereof, or a contractor or
subcontractor of VHA/OQSVOQP. Backup copies of the electronic data
warehouse are maintained at off-site
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records include information
concerning health care providers
currently or formerly employed or
otherwise utilized by VHA and
individuals who apply to VHA for
employment and are considered for
employment or appointment as health
care providers. These records will
include information concerning
individuals who through a contractual
or other agreement may be, or are,
providing health care to VA patients.
This may include, but is not limited
to, audiologists, dentists, dietitians,
expanded-function dental auxiliaries,
licensed practical or vocational nurses,
nuclear medicine technologists, nurse
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anesthetists, nurse practitioners,
registered nurses, occupational
therapists, optometrists, clinical
pharmacists, licensed physical
therapists, registered kinesiotherapists,
physician assistants, physicians,
podiatrists, psychologists, registered
respiratory therapists, certified
respiratory therapy technicians,
diagnostic and therapeutic radiology
technologists, social workers, and
speech pathologists.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system consist of
information related to:
(1) The credentialing (the review and
verification of an individual’s
qualifications for employment or
utilization, which includes licensure,
registration or certification, professional
education and training, employment
history, experience, appraisals of past
performance, health status, etc.) of
applicants who are considered for
employment and/or appointment, for
providing health services under a
contract or other agreement, and/or for
appointment to the professional staff at
a VHA health care facility.
(2) The privileging (the process of
reviewing and granting or denying a
provider’s request for clinical privileges
to provide medical or other patient care
services, within well-defined limits,
which are based on an individual’s
professional license, registration or
certification, experience, training,
competence, health status, ability, and
clinical judgment) health care providers
who are permitted by law and by the
medical facility to provide patient care
independently and individuals whose
duties and responsibilities are
determined to be beyond the normal
scope of activities for their profession;
(3) The periodic reappraisal of health
care providers’ professional credentials
and the reevaluation of the clinical
competence of providers who have been
granted clinical privileges; and/or
(4) Records generated as part or result
of accessing and reporting to the
National Practitioner Data Bank (NPDB),
the Health Integrity and Protection Data
Bank, and the Federation of State
Medical Boards (FSMB).
The records may include individually
identifiable information (e.g., name,
date of birth, gender, Social Security
number, national provider number and
associated taxonomy codes, and/or
other personal identification number),
address information (e.g., home and/or
mailing address, home telephone
number, email address, facsimile
number), biometric data, information
related to education and training (e.g.,
name of medical or professional school
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attended and date of graduation, name
of training program, type of training,
dates attended, and date of completion).
The records may also include
information related to: The individual’s
license, registration or certification by a
State licensing board and/or national
certifying body (e.g., number, expiration
date, name and address of issuing office,
status including any actions taken by
the issuing office or any disciplinary
board to include previous or current
restrictions, suspensions, limitations, or
revocations); citizenship; honors and
awards; type of appointment or
utilization; service/product line;
professional society membership;
professional performance, experience,
and judgment (e.g., documents
reflecting work experience, appraisals of
past and current performance and
potential); educational qualifications
(e.g., name and address of institution,
level achieved, transcript, information
related to continuing education); Drug
Enforcement Administration and/or
State controlled dangerous substance
certification (e.g., current status, any
revocations, suspensions, limitations,
restrictions); information about mental
and physical status; evaluation of
clinical and/or technical skills;
involvement in any administrative,
professional or judicial proceedings,
whether involving VA or not, in which
professional malpractice on the
individual’s part is or was alleged; any
actions, whether involving VA or not,
which result in the limitation,
reduction, revocation, or acceptance of
surrender or restriction of the
individual’s clinical privileges; and,
clinical performance information that is
collected and used to support a
determination of an individual’s request
for clinical privileges. Some information
that is included in the record may be
duplicated in an employee’s official
personnel folder.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38 U.S.C. 501(a) and section
7304(a)(2).
PURPOSE(S):
The information may be used for:
Verifying the individual’s credentials
and qualifications for employment or
utilization, appointment to the
professional staff, and/or clinical
privileges; advising prospective health
care entity employers, health care
professional licensing or monitoring
bodies, the NPDB, or similar entities or
activities of individuals covered by this
system; accreditation of a facility by an
entity such as the Joint Commission;
audits, reviews and investigations
conducted by staff of the health care
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facility, the Veterans Integrated Service
Network (VISN) Directors and Division
Offices, VA Central Office, VHA
program offices, and the VA Office of
Inspector General; law enforcement
investigations; quality assurance audits,
reviews and investigations; personnel
management and evaluations; employee
ratings and performance evaluations;
and, employee disciplinary or other
adverse action, including discharge. The
records and information may be used for
statistical analysis, to produce various
management reports, evaluate services,
collection, distribution and utilization
of resources, and provide clinical and
administrative support to patient
medical care.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. A record from this system of
records may be disclosed to any source
from which additional information is
requested (to the extent necessary to
identify the individual, inform the
source of the purpose(s) of the request,
and to identify the type of information
requested), when necessary to obtain
information relevant to a Department
decision concerning the hiring or
retention of an employee, the issuance
or reappraisal of clinical privileges, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
letting of a contract, the issuance of a
license, grant, or other benefits; or in
response to scarce or emergency needs
of the Department or other entities when
specific skills are required.
2. A record from this system of
records may be disclosed to an agency
in the executive, legislative, or judicial
branch, or the District of Columbia’s
Government in response to its request,
or at the initiation of VA, information in
connection with the hiring of an
employee, appointment to the
professional staff, the issuance of a
security clearance, the conducting of a
security or suitability investigation of an
individual, the letting of a contract, the
issuance of a license, grant, or other
benefit by the agency, or the lawful
statutory or administrative purpose of
the agency to the extent that the
information is relevant and necessary to
the requesting agency’s decision; or at
the initiative of VA, to the extent the
information is relevant and necessary to
an investigative purpose of the agency.
3. Disclosure may be made to a
Congressional office from the record or
an individual in response to an inquiry
from the Congressional office made at
the request of that individual.
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4. Disclosure may be made to NARA
(National Archives and Records
Administration) in records management
inspections conducted under authority
of title 44 United States Code.
5. Information from this system of
records may be disclosed to a Federal
agency or to a State or local government
licensing board and/or to the Federation
of State Medical Boards or a similar
non-government entity which maintains
records concerning individuals’
employment histories or concerning the
issuance, retention or revocation of
licenses, certifications, or registration
necessary to practice an occupation,
profession or specialty, in order for the
Department to obtain information
relevant to a Department decision
concerning the hiring, utilization,
appointment, retention or termination of
individuals covered by this system or to
inform a Federal agency or licensing
boards or the appropriate nongovernment entities about the health
care practices of a currently employed,
appointed, otherwise utilized,
terminated, resigned, or retired health
care employee or other individuals
covered by this system whose
professional health care activity so
significantly failed to meet generally
accepted standards of clinical practice
as to raise reasonable concern for the
safety of patients. These records may
also be disclosed as part of an ongoing
computer-matching program to
accomplish these purposes.
6. Information may be disclosed to
non-Federal sector (i.e., State, or local
governments) agencies, academic
affiliates, organizations, boards,
bureaus, or commissions (e.g., the Joint
Commission). Such disclosures may be
made only when: (1) The records are
properly constituted in accordance with
VA requirements; (2) the records are
accurate, relevant, timely, and complete;
and (3) the disclosure is in the best
interest of the Government (e.g., to
obtain accreditation or other approval
rating). When cooperation with the nonFederal sector entity, through the
exchange of individual records, directly
benefits VA’s completion of its mission,
enhances personnel management
functions, or increases the public
confidence in VA’s or the Federal
Government’s role in the community,
then the Government’s best interests are
served. Further, only such information
that is clearly relevant and necessary for
accomplishing the intended uses of the
information as certified by the receiving
entity is to be furnished.
7. Information may be disclosed to a
State or national certifying body which
has the authority to make decisions
concerning the issuance, retention or
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revocation of licenses, certifications or
registrations required to practice a
health care profession, when requested
in writing by an investigator or
supervisory official of the licensing
entity or national certifying body for the
purpose of making a decision
concerning the issuance, retention or
revocation of the license, certification or
registration of a named health care
professional.
8. VA may disclose information in
this system of records to the Department
of Justice (DoJ), either on VA’s initiative
or in response to DoJ’s request for the
information, after either VA or DoJ
determines that such information is
relevant to DoJ’s representation of the
United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that disclosure of the
records to the Department of Justice is
a use of the information contained in
the records that is compatible with the
purpose for which VA collected the
records. VA, on its own initiative, may
disclose records in this system of
records in legal proceedings before a
court or administrative body after
determining that the disclosure of the
records to the court or administrative
body is a use of the information
contained in the records that is
compatible with the purpose for which
VA collected the records.
9. Hiring, appointment, performance,
or other personnel credentialing related
information may be disclosed to any
facility or agent with which there is, or
there is proposed to be, an affiliation,
sharing agreement, partnership,
contract, or similar arrangement, where
required for establishing, maintaining,
or expanding any such relationship.
10. Information concerning a health
care provider’s professional
qualifications and clinical privileges
may be disclosed to a VA patient, or the
representative or guardian of a patient
who due to physical or mental
incapacity lacks sufficient
understanding and/or legal capacity to
make decisions concerning his/her
medical care, who is receiving or
contemplating receiving medical or
other patient care services from the
provider when the information is
needed by the patient or the patient’s
representative or guardian in order to
make a decision related to the initiation
of treatment, continuation or
discontinuation of treatment, or
receiving a specific treatment that is
proposed or planned by the provider.
Disclosure will be limited to
information concerning the health care
provider’s professional qualifications
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(professional education, training and
current licensure/certification status),
professional employment history, and
current clinical privileges.
11. VA may disclose on its own
initiative any information in this
system, except the names and home
addresses of veterans and their
dependents, which is relevant to a
suspected or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, to a State, local or
foreign agency charged with the
responsibility of investigating or
prosecuting such violation, or charged
with enforcing or implementing the
statute, regulation, rule or order. On its
own initiative, VA may also disclose the
names and addresses of veterans and
their dependents to a Federal agency
charged with the responsibility of
investigating or prosecuting civil,
criminal or regulatory violations of law,
or charged with enforcing or
implementing the statute, regulation,
rule or order issued pursuant thereto.
12. To disclose to the Federal Labor
Relations Authority (including its
General Counsel) information related to
the establishment of jurisdiction, the
investigation and resolution of
allegations of unfair labor practices, or
information in connection with the
resolution of exceptions to arbitration
awards when a question of material fact
is raised; to disclose information in
matters properly before the Federal
Service Impasses Panel, and to
investigate representation petitions and
conduct or supervise representation
elections.
13. To disclose to the VA-appointed
representative of an employee all
notices, determinations, decision, or
other written communications issued to
the employee in connection with an
examination ordered by VA under
fitness-for-duty examination procedures
or Agency-filed disability retirement
procedures.
14. To disclose information to
officials of the Merit Systems Protection
Board, when requested in connection
with appeals, special studies of the civil
service and other merit systems, review
of rules and regulations, investigation of
alleged or possible prohibited personnel
practices, and such other functions,
promulgated in 5 U.S.C. 1205 and 1206,
or as may be authorized by law.
15. To disclose information to the
Equal Employment Opportunity
Commission when requested in
connection with investigations of
alleged or possible discriminatory
practices, examination of Federal
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affirmative employment programs, or
the other functions of the Commission
as authorized by law or regulation.
16. To disclose the information listed
in 5 U.S.C. 7114(b)(4) to officials of
labor organizations recognized under 5
U.S.C., chapter 71 when relevant and
necessary to their duties of exclusive
representation concerning personnel
policies, practices, and matters affecting
working conditions.
17. Identifying information in this
system, including name, address, Social
Security number and other information
as is reasonably necessary to identify
such individual, may be disclosed to the
NPDB at the time of hiring,
appointment, utilization, and/or clinical
privileging/reprivileging of physicians,
dentists and other health care
practitioners, and other times as deemed
necessary by VA, in order for VA to
obtain information relevant to a
Department decision concerning the
hiring, appointment, utilization,
privileging/reprivileging, retention or
termination of the individual.
18. Relevant information from this
system of records may be disclosed to
the NPDB and/or State Licensing Board
in the State(s) in which a practitioner is
licensed, in which the VA facility is
located, and/or in which an act or
omission occurred upon which a
medical malpractice claim was based
when VA reports information
concerning: (1) Any payment for the
benefit of a physician, dentist, or other
licensed health care practitioner which
was made as the result of a settlement
or judgment of a claim of medical
malpractice if an appropriate
determination is made in accordance
with agency policy that payment was
related to substandard care, professional
incompetence or professional
misconduct on the part of the
individual; (2) a final decision which
relates to possible incompetence or
improper professional conduct that
adversely affects the clinical privileges
of a physician or dentist for a period
longer than 30 days; or, (3) the
acceptance of the surrender of clinical
privileges or any restriction of such
privileges by a physician or dentist
either while under investigation by the
health care entity relating to possible
incompetence or improper professional
conduct, or in return for not conducting
such an investigation or proceeding.
These records may also be disclosed as
part of a computer-matching program to
accomplish these purposes.
19. In response to a request about a
specifically identified individual
covered by this system from a
prospective Federal or non-Federal
health care entity employer, the
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following information may be disclosed:
(a) Relevant information concerning the
individual’s professional employment
history including the clinical privileges
held by the individual; (b) relevant
information concerning a final decision
that results in a voluntary or
involuntary limitation, reduction or loss
of clinical privileges; and (c) relevant
information concerning any payment
that is made in settlement (or partial
settlement) of, or in satisfaction of a
judgment in, a medical malpractice
action or claim and, when through a
peer review process that is undertaken
pursuant to VA policy, negligence,
professional incompetence,
responsibility for improper care, and/or
professional misconduct has been
assigned to the individual.
20. Disclosure may be made to any
Federal, State, local, tribal or private
entity in response to a request
concerning a specific provider for the
purposes of credentialing providers who
provide health care at multiple sites or
move between sites. Such disclosures
may be made only when: (1) The
records are properly constituted in
accordance with VA requirements; (2)
the records are accurate, relevant,
timely, and complete; and (3) disclosure
is in the best interests of the
Government (i.e., to meet the
requirements of contracts, sharing
agreements, partnerships, etc.). When
exchange of credentialing information
through the exchange of individual
records, directly benefits VA’s
completion of its mission, enhances
public confidence in VA’s or Federal
Government’s role in the delivery of
health care, then the best interests of the
Government are served.
21. Disclosure may be made to
individuals, organizations, private or
public agencies, or other entities or
individuals with whom VA has a
contract or agreement to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor,
subcontractor, public or private agency,
or other entity or individual with whom
VA has an agreement or contract to
perform the services of the contract or
agreement. This routine use includes
disclosures by the individual or entity
performing the service for VA to any
secondary entity or individual to
perform an activity that is necessary for
individuals, organizations, private or
public agencies, or other entities or
individuals with whom VA has a
contract or agreement to provide the
service to VA.
22. VA may, on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
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persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise
there is a risk of embarrassment or harm
to the reputations of the record subjects,
harm to economic or property interests,
identity theft or fraud, or harm to the
security, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the potentially
compromised information; and (3) the
disclosure is to agencies, entities, or
persons whom VA determines are
reasonably necessary to assist or carry
out the Department’s efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by the Department
to respond to a suspected or confirmed
data breach, including the conduct of
any risk analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
23. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
24. VA may disclose information
concerning a health care provider’s
professional qualifications which may
be published on publicly facing VA
owned or managed internet Web sites.
Information to be displayed include the
name of provider, gender, name of
professional school, post-graduate
training program, State of licensure, and
board certification.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on paper
documents or in electronic format.
Information included in the record may
be stored on microfilm, magnetic tape or
disk. Records are maintained at the
employing VHA health care facility. If
the individual transfers to another VHA
health care facility, the record is
transferred to the new location, if
appropriate.
RETRIEVABILITY:
Records are retrieved by the names
and Social Security number or other
assigned identifiers, e.g., the National
Provider Identifier (NPI), of the
individuals on whom they are
maintained.
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SAFEGUARDS:
1. Access to VA working and storage
areas in VA health care facilities is
restricted to VA employees on a ‘‘need
to know’’ basis; strict control measures
are enforced to ensure that disclosure to
these individuals is also based on this
same principle. Generally, VA file areas
are locked after normal duty hours and
the health care facilities are protected
from outside access by the Federal
Protective Service or other security
personnel.
2. Access to computer room within
the health care facilities is generally
limited by appropriate locking devices
and restricted to authorized VA
employees and vendor personnel.
Automated data processing peripheral
devices are generally placed in secure
areas (areas that are locked or have
limited access) or are otherwise
protected. Information in the Veterans
Information Systems Technology
Architecture (VistA) system may be
accessed by authorized VA employees.
Access to file information is controlled
at two levels; the system recognizes
authorized employees by a series of
individually unique passwords/codes as
a part of each data message, and the
employees are limited to only that
information in the file that is needed in
the performance of their official duties.
3. Access to records in VA Central
Office and the VISN directors and
division offices is only authorized to VA
personnel on a ‘‘need-to-know’’ basis.
There is limited access to the building
with visitor control by security
personnel.
4. The automated system is Internet
enabled and will conform to all
applicable Federal Regulations
concerning information security. The
automated system is protected by a
generalized security facility and by
specific security techniques used within
the application that accesses the data
file and may include individually
unique passwords/codes and may
utilize Public Key Infrastructure (PKI)
personal certificates. Both physical and
system security measures will meet or
exceed those required to provide an
adequate level of protection for host
systems. Access to file information is
limited to only that information in the
file that is needed in the performance of
official duties. Access to computer
rooms is restricted generally by
appropriate locking devices to
authorized operational personnel.
Information submitted to the automated
electronic system is afforded the same
protections as the data that are
maintained in the original files. Remote
on-line access from other agencies to the
data storage site is controlled in the
VerDate Sep<11>2014
16:37 Jun 24, 2015
Jkt 235001
same manner. Access to the electronic
data is supported by encryption and the
Internet server is insulated by a firewall.
RETENTION AND DISPOSAL:
Paper records are retired to the VA
Records Center and Vault (VA RC&V) 3
years after the individual separates from
VA employment or when no longer
utilized by VA (in some cases, records
may be maintained at the facility for a
longer period of time) and are destroyed
30 years after separation. Paper records
for applicants who are not selected for
VA employment or appointment are
destroyed 2 years after non-selection or
when no longer needed for reference,
whichever is sooner. Electronic records
are transferred to the Director,
Credentialing and Privileging Program,
Office of Quality and Performance, VA
Central Office, when the provider leaves
the facility. Information stored on
electronic storage media is maintained
and disposed of in accordance with
records disposition authority approved
by the Archivist of the United States.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for policies and
procedures: Director, Credentialing and
Privileging Program, Office of Quality,
Safety and Value (OQSV), Veterans
Health Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420.
Officials maintaining the system: (1)
The chief of staff at the VA health care
facility where the provider made
application, is employed, or otherwise
utilized; (2) the credentialing
coordinator of the VA health care
facility for individuals who made
application for employment or other
utilization, or providers currently or
previously employed or otherwise
utilized at; (3) human resources
management offices of the VA health
care facility for individuals who made
application for employment or other
utilization, or providers currently or
previously employed or otherwise
utilized; (4) VA Central Office or at a
VISN location; The electronic data will
be maintained by VHA/OQSV, a
component thereof, or a contractor or
subcontractor of VHA/OQSV.
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether this system of records contains
information about them should contact
the VA facility location at which they
made application for employment or
appointment, or are or were employed.
Inquiries should include the employee’s
full name, Social Security number, date
of application for employment or
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
36599
appointment or dates of employment or
appointment, and return address.
RECORD ACCESS PROCEDURES:
Individuals seeking information
regarding access to and contesting of
records in this system may write, call or
visit the VA facility location where they
made application for employment or
appointment, or are or were employed.
CONTESTING RECORDS PROCEDURES:
(See Record Access Procedures).
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by the applicant/employee,
or obtained from State licensing boards,
Federation of State Medical Boards,
National Council of State Boards of
Nursing, National Practitioner Data
Bank, Health Integrity and Protection
Data Bank, professional societies,
national certifying bodies, current or
previous employers, other health care
facilities and staff, references,
educational institutions, medical
schools, VA staff, patient, visitors, and
VA patient medical records.
[FR Doc. 2015–15351 Filed 6–24–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
Notice of Availability of a Final
Environmental Impact Statement for
the San Francisco VA Medical Center
Long Range Development Plan
Department of Veterans Affairs.
Notice of availability.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA), San Francisco VA Medical
Center (SFVAMC) announces the
availability of the Final Environmental
Impact Statement (EIS) for the Long
Range Development Plan (LRDP).
Pursuant to the National Environmental
Policy Act (NEPA) of 1969, as amended
(42 U.S.C. 4331 et seq.), the Council on
Environmental Quality Regulations for
Implementing the Procedural
Requirements of NEPA (40 CFR parts
1500–1508) and VA’s implementing
Regulations (38 CFR part 26), VA has
considered comments received on the
Supplemental Draft EIS and has
prepared the Final EIS. The LRDP
describes development and construction
of patient care buildings, research
buildings, business occupancy
buildings, and parking structures, as
well as retrofitting seismically deficient
buildings. The Final EIS identifies and
addresses environmental impacts
associated with the Proposed Action.
SUMMARY:
E:\FR\FM\25JNN1.SGM
25JNN1
Agencies
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36595-36599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15351]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of amendment to system of records.
-----------------------------------------------------------------------
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all
agencies publish in the Federal Register a notice of the existence and
character of their systems of records. The Department of Veterans
Affairs (VA) is amending the system of records, known as ``Health Care
Provider Credentialing and Privileging Records-VA'' (77VA10Q) as set
forth in the Federal Register 73 FR 16097 dated 3/26/08. VA is amending
the system notice by revising the paragraphs on System Number, System
Location, Categories of Individuals Covered by the System, and Routine
Uses of Records Maintained in the System. VA is republishing the system
notice in its entirety at this time.
DATES: Comments on the amendment of this system of records must be
received no later than July 27, 2015. If no public comment is received,
the new system will become effective July 27, 2015.
ADDRESSES: Written comments concerning the proposed amended system of
records may be submitted by: mail or hand-delivery to Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or email to https://www.Regulations.gov. All comments received
will be available for public inspection in the Office of Regulation
Policy and Management, Room 1063B, between the hours of 8:00 a.m. and
4:30 p.m., Monday through Friday (except holidays). Please call (202)
461-4902 (this is not a toll-free number) for an appointment.
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont Ave.
NW., Washington, DC 20420, (704) 245-2492.
SUPPLEMENTARY INFORMATION: The system number is changed from 77VA10Q to
77VA10A4 to reflect the current Organizational alignment. The System
Location section is being amended to include the name change to the
office maintaining the electronic records to the VHA Office of Quality,
Safety and Value (OQSV).
The Categories of Individuals Covered by the System is being
amended to add registered kinesiotherapists.
Routine use 6 is amended to allow the disclosure of information to
academic affiliates. Routine use 17 and 18 are being amended to remove
the Healthcare Integrity and Protection Data Bank (HIPD). Routine use
24 was added in response to the Veterans Access, Choice, and
Accountability Act of 2014 which requires VA to make publicly available
on and through VA home pages physician information to include the name
of the facility at which each physician underwent residency training in
addition to the health care provider's name, gender, name of
professional school, State of licensure, and board certification.
The Report of Intent to Amend a System of Records Notice and an
advance copy of the system notice have been sent to the appropriate
Congressional committees and to the Director of the Office of
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
Signing Authority: The Secretary of Veterans Affairs, or
designee, approved this document and authorized the undersigned to
sign and submit the document to the Office of the Federal Register
for publication electronically as an official document of the
Department of Veterans Affairs. Robert L. Nabors, II, Chief of
Staff, approved this document on May 27, 2015, for publication.
Dated: June 1, 2015.
Kathleen M. Manwell,
VA Privacy Service, Office of Privacy and Records Management,
Department of Veterans Affairs.
77VA10A4
SYSTEM NAME:
Health Care Provider Credentialing and Privileging Records--VA.
SYSTEM LOCATION:
Records are maintained at each Department of Veterans Affairs (VA)
health care facility. Address locations for VA facilities are listed in
VA Appendix 1 biennial publication of VA system of records. In
addition, information from these records or copies of records may be
maintained at the Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420 and/or Veterans Integrated Service Network
(VISN) Offices. Records for those health care providers who are
contractors in a VA health care facility, or to VA for the delivery of
health care to veterans and are credentialed by the contractor in
accordance with Veterans Health Administration (VHA) policy, where
credentialing information is received by VHA facilities, it will be
maintained in accordance with this notice and VHA policy. Electronic
copies of records may be maintained by VHA Office of Quality, Safety
and Value (OQSV), a component thereof, or a contractor or subcontractor
of VHA/OQSVOQP. Back-up copies of the electronic data warehouse are
maintained at off-site locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include information concerning health care providers
currently or formerly employed or otherwise utilized by VHA and
individuals who apply to VHA for employment and are considered for
employment or appointment as health care providers. These records will
include information concerning individuals who through a contractual or
other agreement may be, or are, providing health care to VA patients.
This may include, but is not limited to, audiologists, dentists,
dietitians, expanded-function dental auxiliaries, licensed practical or
vocational nurses, nuclear medicine technologists, nurse
[[Page 36596]]
anesthetists, nurse practitioners, registered nurses, occupational
therapists, optometrists, clinical pharmacists, licensed physical
therapists, registered kinesiotherapists, physician assistants,
physicians, podiatrists, psychologists, registered respiratory
therapists, certified respiratory therapy technicians, diagnostic and
therapeutic radiology technologists, social workers, and speech
pathologists.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system consist of information related to:
(1) The credentialing (the review and verification of an
individual's qualifications for employment or utilization, which
includes licensure, registration or certification, professional
education and training, employment history, experience, appraisals of
past performance, health status, etc.) of applicants who are considered
for employment and/or appointment, for providing health services under
a contract or other agreement, and/or for appointment to the
professional staff at a VHA health care facility.
(2) The privileging (the process of reviewing and granting or
denying a provider's request for clinical privileges to provide medical
or other patient care services, within well-defined limits, which are
based on an individual's professional license, registration or
certification, experience, training, competence, health status,
ability, and clinical judgment) health care providers who are permitted
by law and by the medical facility to provide patient care
independently and individuals whose duties and responsibilities are
determined to be beyond the normal scope of activities for their
profession;
(3) The periodic reappraisal of health care providers' professional
credentials and the reevaluation of the clinical competence of
providers who have been granted clinical privileges; and/or
(4) Records generated as part or result of accessing and reporting
to the National Practitioner Data Bank (NPDB), the Health Integrity and
Protection Data Bank, and the Federation of State Medical Boards
(FSMB).
The records may include individually identifiable information
(e.g., name, date of birth, gender, Social Security number, national
provider number and associated taxonomy codes, and/or other personal
identification number), address information (e.g., home and/or mailing
address, home telephone number, email address, facsimile number),
biometric data, information related to education and training (e.g.,
name of medical or professional school attended and date of graduation,
name of training program, type of training, dates attended, and date of
completion). The records may also include information related to: The
individual's license, registration or certification by a State
licensing board and/or national certifying body (e.g., number,
expiration date, name and address of issuing office, status including
any actions taken by the issuing office or any disciplinary board to
include previous or current restrictions, suspensions, limitations, or
revocations); citizenship; honors and awards; type of appointment or
utilization; service/product line; professional society membership;
professional performance, experience, and judgment (e.g., documents
reflecting work experience, appraisals of past and current performance
and potential); educational qualifications (e.g., name and address of
institution, level achieved, transcript, information related to
continuing education); Drug Enforcement Administration and/or State
controlled dangerous substance certification (e.g., current status, any
revocations, suspensions, limitations, restrictions); information about
mental and physical status; evaluation of clinical and/or technical
skills; involvement in any administrative, professional or judicial
proceedings, whether involving VA or not, in which professional
malpractice on the individual's part is or was alleged; any actions,
whether involving VA or not, which result in the limitation, reduction,
revocation, or acceptance of surrender or restriction of the
individual's clinical privileges; and, clinical performance information
that is collected and used to support a determination of an
individual's request for clinical privileges. Some information that is
included in the record may be duplicated in an employee's official
personnel folder.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38 U.S.C. 501(a) and section 7304(a)(2).
PURPOSE(S):
The information may be used for: Verifying the individual's
credentials and qualifications for employment or utilization,
appointment to the professional staff, and/or clinical privileges;
advising prospective health care entity employers, health care
professional licensing or monitoring bodies, the NPDB, or similar
entities or activities of individuals covered by this system;
accreditation of a facility by an entity such as the Joint Commission;
audits, reviews and investigations conducted by staff of the health
care facility, the Veterans Integrated Service Network (VISN) Directors
and Division Offices, VA Central Office, VHA program offices, and the
VA Office of Inspector General; law enforcement investigations; quality
assurance audits, reviews and investigations; personnel management and
evaluations; employee ratings and performance evaluations; and,
employee disciplinary or other adverse action, including discharge. The
records and information may be used for statistical analysis, to
produce various management reports, evaluate services, collection,
distribution and utilization of resources, and provide clinical and
administrative support to patient medical care.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. A record from this system of records may be disclosed to any
source from which additional information is requested (to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and to identify the type of information
requested), when necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an employee,
the issuance or reappraisal of clinical privileges, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the letting of a contract, the issuance
of a license, grant, or other benefits; or in response to scarce or
emergency needs of the Department or other entities when specific
skills are required.
2. A record from this system of records may be disclosed to an
agency in the executive, legislative, or judicial branch, or the
District of Columbia's Government in response to its request, or at the
initiation of VA, information in connection with the hiring of an
employee, appointment to the professional staff, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the letting of a contract, the issuance
of a license, grant, or other benefit by the agency, or the lawful
statutory or administrative purpose of the agency to the extent that
the information is relevant and necessary to the requesting agency's
decision; or at the initiative of VA, to the extent the information is
relevant and necessary to an investigative purpose of the agency.
3. Disclosure may be made to a Congressional office from the record
or an individual in response to an inquiry from the Congressional
office made at the request of that individual.
[[Page 36597]]
4. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of title 44 United States Code.
5. Information from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity which maintains records concerning individuals' employment
histories or concerning the issuance, retention or revocation of
licenses, certifications, or registration necessary to practice an
occupation, profession or specialty, in order for the Department to
obtain information relevant to a Department decision concerning the
hiring, utilization, appointment, retention or termination of
individuals covered by this system or to inform a Federal agency or
licensing boards or the appropriate non-government entities about the
health care practices of a currently employed, appointed, otherwise
utilized, terminated, resigned, or retired health care employee or
other individuals covered by this system whose professional health care
activity so significantly failed to meet generally accepted standards
of clinical practice as to raise reasonable concern for the safety of
patients. These records may also be disclosed as part of an ongoing
computer-matching program to accomplish these purposes.
6. Information may be disclosed to non-Federal sector (i.e., State,
or local governments) agencies, academic affiliates, organizations,
boards, bureaus, or commissions (e.g., the Joint Commission). Such
disclosures may be made only when: (1) The records are properly
constituted in accordance with VA requirements; (2) the records are
accurate, relevant, timely, and complete; and (3) the disclosure is in
the best interest of the Government (e.g., to obtain accreditation or
other approval rating). When cooperation with the non-Federal sector
entity, through the exchange of individual records, directly benefits
VA's completion of its mission, enhances personnel management
functions, or increases the public confidence in VA's or the Federal
Government's role in the community, then the Government's best
interests are served. Further, only such information that is clearly
relevant and necessary for accomplishing the intended uses of the
information as certified by the receiving entity is to be furnished.
7. Information may be disclosed to a State or national certifying
body which has the authority to make decisions concerning the issuance,
retention or revocation of licenses, certifications or registrations
required to practice a health care profession, when requested in
writing by an investigator or supervisory official of the licensing
entity or national certifying body for the purpose of making a decision
concerning the issuance, retention or revocation of the license,
certification or registration of a named health care professional.
8. VA may disclose information in this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the information, after either VA or DoJ determines
that such information is relevant to DoJ's representation of the United
States or any of its components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines prior to disclosure that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records. VA, on its own initiative, may disclose records in this system
of records in legal proceedings before a court or administrative body
after determining that the disclosure of the records to the court or
administrative body is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records.
9. Hiring, appointment, performance, or other personnel
credentialing related information may be disclosed to any facility or
agent with which there is, or there is proposed to be, an affiliation,
sharing agreement, partnership, contract, or similar arrangement, where
required for establishing, maintaining, or expanding any such
relationship.
10. Information concerning a health care provider's professional
qualifications and clinical privileges may be disclosed to a VA
patient, or the representative or guardian of a patient who due to
physical or mental incapacity lacks sufficient understanding and/or
legal capacity to make decisions concerning his/her medical care, who
is receiving or contemplating receiving medical or other patient care
services from the provider when the information is needed by the
patient or the patient's representative or guardian in order to make a
decision related to the initiation of treatment, continuation or
discontinuation of treatment, or receiving a specific treatment that is
proposed or planned by the provider. Disclosure will be limited to
information concerning the health care provider's professional
qualifications (professional education, training and current licensure/
certification status), professional employment history, and current
clinical privileges.
11. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule or
order issued pursuant thereto, to a State, local or foreign agency
charged with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
regulation, rule or order. On its own initiative, VA may also disclose
the names and addresses of veterans and their dependents to a Federal
agency charged with the responsibility of investigating or prosecuting
civil, criminal or regulatory violations of law, or charged with
enforcing or implementing the statute, regulation, rule or order issued
pursuant thereto.
12. To disclose to the Federal Labor Relations Authority (including
its General Counsel) information related to the establishment of
jurisdiction, the investigation and resolution of allegations of unfair
labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is
raised; to disclose information in matters properly before the Federal
Service Impasses Panel, and to investigate representation petitions and
conduct or supervise representation elections.
13. To disclose to the VA-appointed representative of an employee
all notices, determinations, decision, or other written communications
issued to the employee in connection with an examination ordered by VA
under fitness-for-duty examination procedures or Agency-filed
disability retirement procedures.
14. To disclose information to officials of the Merit Systems
Protection Board, when requested in connection with appeals, special
studies of the civil service and other merit systems, review of rules
and regulations, investigation of alleged or possible prohibited
personnel practices, and such other functions, promulgated in 5 U.S.C.
1205 and 1206, or as may be authorized by law.
15. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discriminatory practices, examination of Federal
[[Page 36598]]
affirmative employment programs, or the other functions of the
Commission as authorized by law or regulation.
16. To disclose the information listed in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C., chapter 71
when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions.
17. Identifying information in this system, including name,
address, Social Security number and other information as is reasonably
necessary to identify such individual, may be disclosed to the NPDB at
the time of hiring, appointment, utilization, and/or clinical
privileging/reprivileging of physicians, dentists and other health care
practitioners, and other times as deemed necessary by VA, in order for
VA to obtain information relevant to a Department decision concerning
the hiring, appointment, utilization, privileging/reprivileging,
retention or termination of the individual.
18. Relevant information from this system of records may be
disclosed to the NPDB and/or State Licensing Board in the State(s) in
which a practitioner is licensed, in which the VA facility is located,
and/or in which an act or omission occurred upon which a medical
malpractice claim was based when VA reports information concerning: (1)
Any payment for the benefit of a physician, dentist, or other licensed
health care practitioner which was made as the result of a settlement
or judgment of a claim of medical malpractice if an appropriate
determination is made in accordance with agency policy that payment was
related to substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct that
adversely affects the clinical privileges of a physician or dentist for
a period longer than 30 days; or, (3) the acceptance of the surrender
of clinical privileges or any restriction of such privileges by a
physician or dentist either while under investigation by the health
care entity relating to possible incompetence or improper professional
conduct, or in return for not conducting such an investigation or
proceeding. These records may also be disclosed as part of a computer-
matching program to accomplish these purposes.
19. In response to a request about a specifically identified
individual covered by this system from a prospective Federal or non-
Federal health care entity employer, the following information may be
disclosed: (a) Relevant information concerning the individual's
professional employment history including the clinical privileges held
by the individual; (b) relevant information concerning a final decision
that results in a voluntary or involuntary limitation, reduction or
loss of clinical privileges; and (c) relevant information concerning
any payment that is made in settlement (or partial settlement) of, or
in satisfaction of a judgment in, a medical malpractice action or claim
and, when through a peer review process that is undertaken pursuant to
VA policy, negligence, professional incompetence, responsibility for
improper care, and/or professional misconduct has been assigned to the
individual.
20. Disclosure may be made to any Federal, State, local, tribal or
private entity in response to a request concerning a specific provider
for the purposes of credentialing providers who provide health care at
multiple sites or move between sites. Such disclosures may be made only
when: (1) The records are properly constituted in accordance with VA
requirements; (2) the records are accurate, relevant, timely, and
complete; and (3) disclosure is in the best interests of the Government
(i.e., to meet the requirements of contracts, sharing agreements,
partnerships, etc.). When exchange of credentialing information through
the exchange of individual records, directly benefits VA's completion
of its mission, enhances public confidence in VA's or Federal
Government's role in the delivery of health care, then the best
interests of the Government are served.
21. Disclosure may be made to individuals, organizations, private
or public agencies, or other entities or individuals with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor, subcontractor, public or private agency, or other
entity or individual with whom VA has an agreement or contract to
perform the services of the contract or agreement. This routine use
includes disclosures by the individual or entity performing the service
for VA to any secondary entity or individual to perform an activity
that is necessary for individuals, organizations, private or public
agencies, or other entities or individuals with whom VA has a contract
or agreement to provide the service to VA.
22. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm. This routine use permits
disclosures by the Department to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis or provision of
credit protection services as provided in 38 U.S.C. 5724, as the terms
are defined in 38 U.S.C. 5727.
23. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
24. VA may disclose information concerning a health care provider's
professional qualifications which may be published on publicly facing
VA owned or managed internet Web sites. Information to be displayed
include the name of provider, gender, name of professional school,
post-graduate training program, State of licensure, and board
certification.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on paper documents or in electronic format.
Information included in the record may be stored on microfilm, magnetic
tape or disk. Records are maintained at the employing VHA health care
facility. If the individual transfers to another VHA health care
facility, the record is transferred to the new location, if
appropriate.
RETRIEVABILITY:
Records are retrieved by the names and Social Security number or
other assigned identifiers, e.g., the National Provider Identifier
(NPI), of the individuals on whom they are maintained.
[[Page 36599]]
SAFEGUARDS:
1. Access to VA working and storage areas in VA health care
facilities is restricted to VA employees on a ``need to know'' basis;
strict control measures are enforced to ensure that disclosure to these
individuals is also based on this same principle. Generally, VA file
areas are locked after normal duty hours and the health care facilities
are protected from outside access by the Federal Protective Service or
other security personnel.
2. Access to computer room within the health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Automated data processing
peripheral devices are generally placed in secure areas (areas that are
locked or have limited access) or are otherwise protected. Information
in the Veterans Information Systems Technology Architecture (VistA)
system may be accessed by authorized VA employees. Access to file
information is controlled at two levels; the system recognizes
authorized employees by a series of individually unique passwords/codes
as a part of each data message, and the employees are limited to only
that information in the file that is needed in the performance of their
official duties.
3. Access to records in VA Central Office and the VISN directors
and division offices is only authorized to VA personnel on a ``need-to-
know'' basis. There is limited access to the building with visitor
control by security personnel.
4. The automated system is Internet enabled and will conform to all
applicable Federal Regulations concerning information security. The
automated system is protected by a generalized security facility and by
specific security techniques used within the application that accesses
the data file and may include individually unique passwords/codes and
may utilize Public Key Infrastructure (PKI) personal certificates. Both
physical and system security measures will meet or exceed those
required to provide an adequate level of protection for host systems.
Access to file information is limited to only that information in the
file that is needed in the performance of official duties. Access to
computer rooms is restricted generally by appropriate locking devices
to authorized operational personnel. Information submitted to the
automated electronic system is afforded the same protections as the
data that are maintained in the original files. Remote on-line access
from other agencies to the data storage site is controlled in the same
manner. Access to the electronic data is supported by encryption and
the Internet server is insulated by a firewall.
RETENTION AND DISPOSAL:
Paper records are retired to the VA Records Center and Vault (VA
RC&V) 3 years after the individual separates from VA employment or when
no longer utilized by VA (in some cases, records may be maintained at
the facility for a longer period of time) and are destroyed 30 years
after separation. Paper records for applicants who are not selected for
VA employment or appointment are destroyed 2 years after non-selection
or when no longer needed for reference, whichever is sooner. Electronic
records are transferred to the Director, Credentialing and Privileging
Program, Office of Quality and Performance, VA Central Office, when the
provider leaves the facility. Information stored on electronic storage
media is maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for policies and procedures: Director,
Credentialing and Privileging Program, Office of Quality, Safety and
Value (OQSV), Veterans Health Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
Officials maintaining the system: (1) The chief of staff at the VA
health care facility where the provider made application, is employed,
or otherwise utilized; (2) the credentialing coordinator of the VA
health care facility for individuals who made application for
employment or other utilization, or providers currently or previously
employed or otherwise utilized at; (3) human resources management
offices of the VA health care facility for individuals who made
application for employment or other utilization, or providers currently
or previously employed or otherwise utilized; (4) VA Central Office or
at a VISN location; The electronic data will be maintained by VHA/OQSV,
a component thereof, or a contractor or subcontractor of VHA/OQSV.
NOTIFICATION PROCEDURE:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility location
at which they made application for employment or appointment, or are or
were employed. Inquiries should include the employee's full name,
Social Security number, date of application for employment or
appointment or dates of employment or appointment, and return address.
RECORD ACCESS PROCEDURES:
Individuals seeking information regarding access to and contesting
of records in this system may write, call or visit the VA facility
location where they made application for employment or appointment, or
are or were employed.
CONTESTING RECORDS PROCEDURES:
(See Record Access Procedures).
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by the applicant/
employee, or obtained from State licensing boards, Federation of State
Medical Boards, National Council of State Boards of Nursing, National
Practitioner Data Bank, Health Integrity and Protection Data Bank,
professional societies, national certifying bodies, current or previous
employers, other health care facilities and staff, references,
educational institutions, medical schools, VA staff, patient, visitors,
and VA patient medical records.
[FR Doc. 2015-15351 Filed 6-24-15; 8:45 am]
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