Privacy Act of 1974; System of Records, 52415-52419 [2020-18653]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52415-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18653]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is amending the system of 
records entitled ``VHA Corporate Data Warehouse-VA'' (172VA10P2) as set 
forth in 79 FR 4377. VA is amending the system of records by revising 
the System Number; System Manager; Purposes of the System; Categories 
of Records in the System; Routine Uses of Records Maintained in the 
System and Policies; Record Access Procedure; Notification Procedure; 
and Appendix. VA is republishing the system notice in its entirety.

DATES: Comments on this amended system of records must be received no 
later than September 24, 2020. If no public comment is received during 
the period allowed for comment or unless otherwise published in the 
Federal Register by the VA, the new system will become effective 
September 24, 2020.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to, Director, National Data Systems (10A7), Austin Information 
Technology Center, 1615 Woodward Street, Austin, Texas 78772. Comments 
should indicate that they are submitted in response to ``VHA Corporate 
Data Warehouse-VA (172VA10P2)''. Comments received will be available at 
regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420; telephone (704) 245-2492 (Note: not a toll-free 
number).

SUPPLEMENTARY INFORMATION: The System Name is changed to ``VHA 
Corporate Data Warehouses-VA'' to clearly indicate that there are 
multiple data warehouses covered under the system of records notice.
    The System Number is changed from 172VA10P2 to 172VA10A7 to reflect 
the current organizational alignment.
    The System Location is being updated to reflect the address 
locations for VA National Data Centers and contracted data centers are 
listed in Appendix A.
    System Manager, Record Access Procedure, and Notification Procedure 
is being amended to replace 10P2 and 10P2C with 10A7.
    The Purpose of the System is being amended to include reporting 
purposes for Veterans Authorizations and Preferences and other Veterans 
Health Information Exchange (VHIE) reporting needs and health care 
operations.
    Categories of Records in the System is being amended to change 
number 1 from 24VA10P2 and 121VA10P2 to 24VA10A7 and 121VA10A7 
respectively, also including Virtual Lifetime Electronic Record (VLER)-
VA (168VA10P2). Number 3 and number 4 will replace 114VA16 with 
114VA10D. Number 7 to add Health care practitioners' name and other 
demographic information related to position.
    Routine use #5 has been amended to remove General Services 
Administration (GSA).
    The Routine Uses of Records Maintained in the System has been 
amended by amending the language in

[[Page 52416]]

Routine Use #6 which states that disclosure of the records to the 
Department of Justice (DoJ) is a use of the information contained in 
the records that is compatible with the purpose for which VA collected 
the records. VA 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. This routine use 
will now state that release of the records to the DoJ is limited to 
circumstances where relevant and necessary to the litigation. VA may 
disclose records in this system of records in legal proceedings before 
a court or administrative body after determining that release of the 
records to the court or administrative body is limited to circumstances 
where relevant and necessary to the litigation.
    Routine use #20 has been amended by clarifying the language to 
state, ``VA may disclose any information or records to appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records; (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk to individuals, VA (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, or 
persons is reasonably necessary to assist in connection with VA efforts 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.''
    Routine use 24 is being added to state, ``VA may disclose 
information from this system to another Federal agency or Federal 
entity, when VA determines that information from this system of records 
is reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach. VA needs this routine use for the 
data breach response and remedial efforts with another Federal 
agency.''
    Routine use 25 is also being added to state, ``VA may disclose 
relevant information to health plans, quality review and/or peer review 
organizations in connection with the audit of claims or other review 
activities to determine quality of care or compliance with 
professionally accepted claims processing standards.'' This routine use 
permits disclosure of information for quality assessment audits 
received by Healthcare Effectiveness Data and Information Set (HEDIS) 
or similar auditors.
    Physical, Procedural and Administrative Safeguards is being updated 
to clarify that item 1-3 apply to VA data warehouses. In addition, item 
5 is added to state, ``Access to Cerner Technology Centers is generally 
restricted to Cerner employees, contractors or associates with a Cerner 
issued ID badge and other security personnel cleared for access to the 
data center. Access to computer rooms housing Federal data, hence 
Federal enclave, is restricted to persons Federally cleared for Federal 
enclave access through electronic badge entry devices. All other 
persons, such as custodians, gaining access to Federal enclave are 
escorted.''
    VA Appendix A is being amended to remove the Regional Data 
Warehouses (RDW), Region 2, Region 3, and Region 4. These RDW's are 
being discontinued as the data from these warehouses will be sourced 
under the Corporate Data Warehouse (CDW). The name of the Veterans 
Informatics, Information and Computing Infrastructure (VINCI) program 
is also being changed to VA Informatics and Computing Infrastructure to 
reflect the current name description. In addition, Cerner Technology 
Centers (CTC): Primary Data Center in Kansas City, MO and Continuity of 
Operations/Disaster Recovery (COOP/DR) Data Center in Lee Summit, MO is 
being added to Appendix A.
    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. Sec.  552a(r) 
(Privacy Act) and guidelines issued by OMB (65 FR 77677), December 12, 
2000.

Signing Authority

    The Senior Agency Official for Privacy, 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. James P. 
Gfrerer, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on May 20, 2020 for 
publication.

     Dated: August 20, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    ``VHA Corporate Data Warehouses-VA'' (172VA10A7).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are located in VA National Data Centers and contracted data 
centers listed in Appendix A.

SYSTEM MANAGER(S):
    Officials responsible for policies and procedures: Assistant Deputy 
Under Secretary for Health Informatics (10A7), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Officials 
maintaining this system of records: Director, National Data Systems 
(10A7), Austin Information Technology Center, 1615 Woodward Street, 
Austin, Texas 78772.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Section 501.

PURPOSE(S) OF THE SYSTEM:
    The records and information may be used for clinical decision 
support, mobile applications presenting patient data, statistical 
analysis to produce various management, workload tracking, and follow-
up reports; to track and evaluate the ordering and delivery of 
equipment, services and patient care; for the planning, distribution 
and utilization of resources; to monitor the performance of Veterans 
Integrated Service Networks (VISNs); and to allocate clinical and 
administrative support to patient medical care. The data may be used 
for VA's extensive research programs in accordance with VA policy and 
to monitor for bio-terrorist activity. In addition, the data may be 
used to assist in workload allocation for patient treatment services 
including provider panel management, nursing care, clinic appointments, 
surgery, diagnostic and therapeutic procedures; to plan and schedule 
training activities for employees; for audits, reviews and 
investigations conducted by the Network Directors Office and VA Central 
Office; for quality assurance audits, reviews and investigations; for 
law enforcement investigations; for reporting purposes for Veterans 
Authorizations and

[[Page 52417]]

Preferences and other Veterans Health Information Exchange (VHIE) 
reporting needs; and for health care operations and for personnel 
management, evaluation and employee ratings, and performance 
evaluations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records contain information for all individuals:
    (1) receiving health care from VHA;
    (2) receiving health care from Department of Defense (DoD);
    (3) providing the health care;
    (4) or working for VA or DoD.
    Individuals encompass Veterans, members of the armed services, 
current and former employees, trainees, caregivers, contractors, sub-
contractors, consultants, volunteers, and other individuals working 
collaboratively with VA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records may include information related to:
    1. Patient health record detailed information, including 
information from Patient Medical Records--VA (24VA10A7) and Patient 
National Databases--VA (121VA10A7) and from Virtual Lifetime Electronic 
Record (VLER)--VA (168VA10P2);
    2. The record may include identifying information (e.g., name, 
birth date, death date, admission date, discharge date, gender, Social 
Security number, taxpayer identification number); address information 
(e.g., home and/or mailing address, home telephone number, emergency 
contact information such as name, address, telephone number, and 
relationship); prosthetic and sensory aid serial numbers; health record 
numbers; integration control numbers; information related to medical 
examination or treatment (e.g., location of VA medical facility 
providing examination or treatment, treatment dates, medical conditions 
treated or noted on examination); information related to military 
service and status;
    3. Patient health insurance information, including information from 
Revenue Program Billing and Collection Records--VA (114VA10D);
    4. Medical benefit and eligibility information, including 
information from Revenue Program Billing and Collection Records--VA 
(114VA10D);
    5. Patient aggregate workload data such as admissions, discharges, 
and outpatient visits; resource utilization such as laboratory tests, 
x-rays, pharmaceuticals, prosthetics and sensory aids; employee 
workload and productivity data;
    6. Information on services or products needed in the provision of 
medical care (i.e., pacemakers, prosthetics, dental implants, hearing 
aids, etc.); data collected may include vendor name and address, 
details about and/or evaluation of service or product, price/fee, dates 
purchased and delivered;
    7. Health care practitioners' name, identification number and other 
demographic information related to position;
    8. Employees salary and benefit information;
    9. Financial Information from the Financial Management System;
    10. Human resource information including employee grade, salary, 
and tour of duty;
    11. Compensation and pension determinations, Veteran eligibility, 
and other information associated administering Veteran benefits by the 
Veterans Benefit Administration;
    12. Data from other Federal agencies;
    13. Patient self-entered data (online forms, etc.).

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by Veterans, VA 
employees, VA computer systems, Veterans Health Information Systems and 
Technology Architecture (VistA), contracted computer systems, VA 
Medical Centers, VA Program Offices, VISNs, DoD, other Federal Agencies 
and non-VA health care providers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
    1. VA may disclose 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 Federal, State, local, tribal, or foreign agency charged 
with the responsibility of investigating or prosecuting such violation, 
or charged with enforcing or implementing the statute, regulation, rule 
or order. VA may also disclose the names and addresses of Veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, rule or order issued pursuant thereto.
    2. Disclosure may be made to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to an individual's eligibility, care history, or 
other benefits.
    3. Disclosure may be made to an agency in the executive, 
legislative, or judicial branch, or the District of Columbia's 
government in response to its request or at the initiation of VA, in 
connection with disease-tracking, patient outcomes, bio-surveillance, 
or other health information required for program accountability.
    4. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    5. Disclosure may be made to National Archives and Records 
Administration (NARA) in records management inspections and other 
activities conducted under Title 44, Chapter 29, of the U.S.C.
    6. 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 release of the records to the DoJ 
is limited to circumstances where relevant and necessary to the 
litigation. VA may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that release of the records to the court or administrative body is 
limited to circumstances where relevant and necessary to the 
litigation.
    7. Records from this system of records may be disclosed to a 
Federal agency or to a State or local government licensing board and/or 
to the Federation of State Medical Boards or a similar nongovernment 
entity which maintains

[[Page 52418]]

records concerning individuals' employment histories or concerning the 
issuance, retention or revocation of licenses, certifications, or 
registration necessary to practice an occupation, profession or 
specialty, in order for the agency to obtain information relevant to an 
agency decision concerning the hiring, retention or termination of an 
employee.
    8. Records from this system of records may be disclosed to inform a 
Federal agency, licensing boards or the appropriate non-government 
entities about the health care practices of a terminated, resigned or 
retired health care employee whose professional health care activity so 
significantly failed to conform to generally accepted standards of 
professional medical practice, as to raise reasonable concern for the 
health and safety of patients receiving medical care in the private 
sector or from another Federal agency.
    9. For program review purposes and the seeking of accreditation 
and/or certification, disclosure may be made to survey teams of the 
Joint Commission (JC), College of American Pathologists, American 
Association of Blood Banks, and similar national accreditation agencies 
or boards with whom VA has a contract or agreement to conduct such 
reviews but only to the extent that the information is necessary and 
relevant to the review. VA health care facilities undergo certification 
and accreditation by several national accreditation agencies or boards 
to comply with regulations and good medical practices.
    10. Disclosure may be made to a national certifying body which has 
the authority to make decisions concerning the issuance, retention or 
revocation of licenses, certifications or registrations required to 
practice a health care profession, when requested in writing by an 
investigator or supervisory official of the national certifying body 
for the purpose of making a decision concerning the issuance, retention 
or revocation of the license, certification or registration of a named 
health care professional.
    11. Disclosure may be made to officials of labor organizations 
recognized under 5 U.S.C. Chapter 71, when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    12. Disclosure may be made to the VA-appointed representative of an 
employee of all notices, determinations, decisions, or other written 
communications issued to the employee in connection with an examination 
ordered by VA under medical evaluation (formerly fitness-for-duty) 
examination procedures or Department filed disability retirement 
procedures.
    13. Disclosure may be made to officials of the Merit Systems 
Protection Board, including the Office of the Special Counsel, when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
may be authorized by law.
    14. Disclosure may be made to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination examination of Federal affirmative 
employment programs, or for other functions of the EEOC as authorized 
by law or regulation.
    15. 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 
Services Impasses Panel, and to investigate representation petitions 
and conduct or supervise representation elections.
    16. Disclosure of health record data, excluding name and address, 
unless name and address is furnished by the requester, may be made to 
epidemiological and other research facilities for research purposes 
determined to be necessary and proper when approved in accordance with 
VA policy.
    17. Disclosure of name(s) and address(s) of present or former 
personnel of the armed services, and/or their dependents, may be made 
to: (a) A Federal department or agency, at the written request of the 
head or designee of that agency; or (b) directly to a contractor or 
subcontractor of a Federal department or agency, for the purpose of 
conducting Federal research necessary to accomplish a statutory purpose 
of an agency.
    18. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, etc., 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 or subcontractor to perform the services of the contract 
or agreement.
    19. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    20. VA may disclose any information or records to appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records; (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk to individuals, VA (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, or 
persons is reasonably necessary to assist in connection with VA efforts 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    21. VA may disclose information from this system to a Federal 
agency for the purpose of conducting research and data analysis to 
perform a statutory purpose of that Federal agency upon the prior 
written request of that agency, provided that there is legal authority 
under all applicable confidentiality statutes and regulations to 
provide the data and VA has determined prior to the disclosure that VA 
data handling requirements are satisfied.
    22. VA may disclose information from this system of records to OMB 
for the performance of its statutory responsibilities for evaluating 
Federal programs.
    23. VA may disclose this information to the DoD for joint ventures 
between the two Departments to promote improved patient care, better 
health care resource utilization, and formal research studies.
    24. VA may disclose information from this system to another Federal 
agency or Federal entity, when VA determines that information from this 
system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    25. VA may disclose relevant information to health plans, quality 
review and/or peer review organizations in connection with the audit of 
claims or other review activities to determine quality of care or 
compliance with

[[Page 52419]]

professionally accepted claims processing standards.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained on Storage Area Networks.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name, Social Security number or other 
assigned identifiers of the individuals on whom they are maintained.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with records 
disposition authority approved by the Archivist of the United States. 
The records are disposed of in accordance with General Records Schedule 
20, item 4.
    Item 4 provides for deletion of data files when the agency 
determines that the files are no longer needed for administrative, 
legal, audit, or other operational purposes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. Access to and use of VA data warehouses are limited to those 
persons whose official duties require such access, and the VA has 
established security procedures to ensure that access is appropriately 
limited. Information security officers and system data stewards review 
and authorize data access requests. VA regulates data warehouse access 
with security software that relies on network authentication. VA 
requires information security training to all staff and instructs staff 
on the responsibility each person has for safeguarding data 
confidentiality.
    2. Physical access to computer rooms housing VA data warehouses are 
restricted to authorized staff and protected by a variety of security 
devices. Unauthorized employees, contractors, and other staff are not 
allowed in computer rooms.
    3. Data transmissions between VA operational systems and VA data 
warehouses maintained by this system of record are protected by state-
of-the-art telecommunication software and hardware. This may include 
firewalls, intrusion detection devices, encryption, and other security 
measures necessary to safeguard data as it travels across the VA Wide 
Area Network.
    4. In most cases, copies of back-up computer files are maintained 
at off-site locations.
    5. Access to Cerner Technology Centers is generally restricted to 
Cerner employees, contractors or associates with a Cerner issued ID 
badge and other security personnel cleared for access to the data 
center. Access to computer rooms housing Federal data, hence Federal 
enclave, is restricted to persons Federally cleared for Federal enclave 
access through electronic badge entry devices. All other persons, such 
as custodians, gaining access to Federal enclave are escorted.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of records contained in this system of records may write to the 
Director of National Data Systems (10A7), Austin Information Technology 
Center, 1615 Woodward Street, Austin, Texas 78772. Inquiries should 
include the person's full name, Social Security number, location and 
dates of employment or location and dates of treatment, and their 
return address.

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

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the Director of National 
Data Systems (10A7), Austin Information Technology Center, 1615 
Woodward Street, Austin, Texas 78772. Inquiries should include the 
person's full name, Social Security number, location and dates of 
employment or location and dates of treatment, and their return 
address.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Last full publication provided in 79 FR 4377 dated January 27, 
2014.
VA APPENDIX A

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             Database name                           Location
------------------------------------------------------------------------
Corporate Data Warehouse...............  Austin Information Technology
                                          Center, 1615 Woodward Street,
                                          Austin, TX 78772.
VA Informatics and Computing             Austin Information Technology
 Infrastructure (VINCI).                  Center, 1615 Woodward Street
                                          Austin, TX 78772.
HealtheIntent at Cerner Technology       Primary Data Center, Kansas
 Centers (CTC).                           City, MO.
                                         Continuity of Operations/
                                          Disaster Recovery (COOP/DR)
                                          Data Center, Lee Summit, MO.
------------------------------------------------------------------------

[FR Doc. 2020-18653 Filed 8-24-20; 8:45 am]
BILLING CODE 8320-01-P