Privacy Act of 1974; System of Records, 84114-84119 [2020-28340]
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84114
The Director of OFAC has blocked all
property and interests in property that are in
the United States, that come within the
United States, or that are or come within the
possession or control of any United States
person, including any overseas branch, and
which may not be transferred, paid, exported,
withdrawn, or otherwise dealt in, of all above
named persons. These persons have been
added to OFAC’s List of Specially Designated
Nationals and Blocked Persons and include
the identifying tag ‘‘CAATSA—IRAN.’’
Dated: September 24, 2020.
Andrea M. Gacki,
Director, Office of Foreign Assets Control,
U.S. Department of the Treasury.
[FR Doc. 2020–24076 Filed 12–22–20; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of a Modified System of
Records.
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ACTION:
SUMMARY: As required by the Privacy
Act of 1974 (5 U.S.C. 552a(e)(4)), notice
is hereby given that the Department of
Veterans Affairs (VA) is amending the
system of records entitled ‘‘Veterans
Health Information Systems and
Technology Architecture (VistA)
Records-VA’’ (79VA10P2) as set forth in
77 FR 65939. VA is amending the
system by revising the System Number,
System Location, System Manager,
Records Source Categories, Routine
Uses of Records Maintained in the
System, Policies and Practices for
Retention and Disposal of Records,
Physical, Procedural and Administrative
Safeguards. VA is republishing the
system notice in its entirety.
DATES: Comments on this amended
system of records must be received no
later than January 22, 2021. If no public
comment is received during the period
allowed for comment or unless
otherwise published in the Federal
Register by VA, the new system will
become effective January 22, 2021.
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Comments may be
submitted through www.Regulations.gov
or mailed to VA Privacy Service, 810
Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments
should indicate that they are submitted
in response to ‘‘Veterans Health
Information Systems and Technology
Architecture (VistA) Records-VA
(79VA10P2)’’. Comments received will
be available at regulations.gov for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Stephania Griffin, 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 number is being updated from
79VA10P2 to 79VA10 to reflect the
current VHA organizational routing
symbol. The System Manager is being
updated to reflect organization changes.
The System Location is being updated
to reflect electronic records being
located at VA Enterprise Cloud Data
Centers/Amazon Web Services and
contracted data repository sites, such as
the 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.
The Records Source Categories is
being updated to include other VA
information technology (IT) systems,
including but not limited to, Master
Person Index and Enrollment.
Routine Use twenty-nine (29) is being
added to state, ‘‘VA may disclose health
care information to DoD for the purpose
of VHA health care operations as
defined in the HIPAA Privacy Rule, 45
CFR parts 160 and 164 and to the
Defense Health Agency (DHA), as a
health care provider, for the purpose of
DHA heath care operations.’’ VHA, as a
health care provider, must be able to
share health care information with other
entities and health care providers for
VA to perform certain health care
operations, such as quality assessment
and improvement activities and medical
reviews.
ADDRESSES:
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Routine Use thirty (30) is being added
to state, ‘‘VA may disclose information
from this system of records 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 thirty-one (31) is being
added to state, ‘‘VA may disclose
relevant health care information to (a) a
Federal agency or non-VA health care
provider or institution when VA refers
a patient for hospital or nursing home
care or medical services, or authorizes a
patient to obtain non-VA medical
services, and the information is needed
by the Federal agency or non-VA
institution or provider to perform the
services, or (b) a Federal agency or a
non-VA hospital (Federal, State and
local, public, or private) or other
medical institution having hospital
facilities, blood banks, or similar
institutions, medical schools or clinics,
or other groups or individuals that have
contracted or agreed to provide medical
services or share the use of medical
resources under the provisions of 38
U.S.C. 513, 7409, 8111, or 8153, when
treatment is rendered by VA under the
terms of such contract or agreement, or
the issuance of an authorization, and the
information is needed for purposes of
medical treatment and/or follow-up,
determining entitlement to a benefit, or
recovery of the costs of the medical care.
Policies and Practices for Retention
and Disposal of Records is being
updated to remove, ‘‘Paper records and
information stored on electronic storage
media are maintained and disposed of
in accordance with records disposition
authority approved by the Archivist of
the United States.’’ This section will
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state, Record Control Schedule (RCS)
10–1, Item 2000.2 Information
Technology Operations and
Maintenance Records destroy 3 years
after agreement, control measures,
procedures, project, activity, or when
transaction is obsolete, completed,
terminated or superseded, but longer
retention is authorized if required for
business use (DAA–GRS–2013–0005–
0004, item 020). RCS 10–1, Item 2100.3
2100.3, System Access Records destroy
6 years after password is altered or user
account is terminated, but longer
retention is authorized if required for
business use (DAA–GRS–2013–0006–
0004, item 31).
The Physical, Procedural and
Administrative Safeguards section is
being amended to add, ‘‘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.’’
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.
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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 of Information and
Technology and Chief Information
Officer, approved this document on
November 10, 2020 for publication.
Dated: December 18, 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:
Veterans Health Information Systems
and Technology Architecture (VistA)
Records-VA (79VA10).
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Unclassified.
SYSTEM LOCATION:
Records are maintained at VA health
care facilities, Regional Data Processing
Centers and (in most cases), archival
storage of the VistA data to back up
tapes are maintained at off-site
locations. Address locations for VA
facilities are listed in VA Appendix 1.
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; VA Data
Processing Centers, VA Office of
Information & Technology (OI&T) Field
Offices; Veterans Integrated Service
Network (VISN) Offices; Employee
Education Systems and VA Enterprise
Cloud Data Centers/Amazon Web
Services, 1915 Terry Avenue, Seattle,
WA 98101 and contracted data
repository sites, such as the Cerner
Technology Centers (CTC): Primary Data
Center in Kansas City, MO and
Continuity of Operations/Disaster
Recovery (COOP/DR) Data Center in
Lees Summit, MO.
SYSTEM MANAGER(S):
The official responsible for policies
and procedures is the Director, Health
Information Governance (HIG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420. Toll-free telephone number 1–
877–461–5038.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section
7301(a).
PURPOSE(S) OF THE SYSTEM:
Signing Authority
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SECURITY CLASSIFICATION:
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The records and information may be
used for 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;
the planning, distribution and
utilization of resources; the possession
and use of equipment or supplies; the
performance of vendors, equipment, and
employees; and to provide clinical and
administrative support to patient
medical care. The data may be used for
research purposes. The data may be
used also for such purposes as assisting
in the scheduling of tours of duties and
job assignments of employees; the
scheduling of patient treatment services,
including nursing care, clinic
appointments, surgery, diagnostic and
therapeutic procedures; the repair and
maintenance of equipment and for
follow-up activities to determine that
the actions were accomplished and to
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evaluate the results; the registration of
vehicles and the assignment and
utilization of parking spaces; to plan,
schedule, and maintain rosters of
patients, employees and others
attending or participating in sports,
recreational or other events (e.g.,
National Wheelchair Games, concerts,
picnics); for audits, reviews and
investigations conducted by staff of the
health care facility, the Network
Directors Office, VA Central Office, and
the VA Office of Inspector General
(OIG); for quality assurance audits,
reviews, investigations and inspections;
for law enforcement investigations; and
for personnel management, evaluation
and employee ratings, and performance
evaluations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records include information
concerning current and former
employees, applicants for employment,
trainees, contractors, sub-contractors,
contract personnel, students, providers
and consultants, patients and members
of their immediate family, volunteers,
maintenance personnel, as well as
individuals working collaboratively
with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information
related to:
1. Workload such as orders entered,
verified, and edited (e.g., engineering
work orders, doctors’ orders for patient
care including nursing care, the
scheduling and delivery of medications,
consultations, radiology, laboratory and
other diagnostic and therapeutic
examinations); results entered; items
checked out and items in use (e.g.,
library books, keys, x-rays, patient
medical records, equipment, supplies,
reference materials); work plans entered
and the subsequent tracking (e.g.,
construction projects, engineering work
orders and equipment maintenance and
repairs assigned to employees and
status, duty schedules, work
assignments, work requirements);
reports of contact with individuals or
groups; employees’ (including
volunteers) work performance
information (e.g., duties and
responsibilities assigned and completed,
amount of supplies used, time used,
quantity and quality of output,
productivity reports, schedules of
patients assigned and treatment to be
provided);
2. Administrative procedures, duties,
and assignments of certain personnel;
3. Computer access authorizations,
computer applications available and
used, information access attempts,
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frequency and time of use; identification
of the person responsible for, currently
assigned, or otherwise engaged in
various categories of patient care or
support of health care delivery; vehicle
registration (motor vehicles and
bicycles) and parking space
assignments; community and special
project participants and attendees (e.g.,
sports events, concerts, National
Wheelchair Games); employee work
related accidents. The record may
include identifying information (e.g.,
name, date of birth, age, sex, Social
Security number, taxpayer identification
number); address information (e.g.,
home and mailing address, home
telephone number, emergency contact
information such as name, address,
telephone number, and relationship);
information related to training (e.g.,
security, safety, in-service), education
and continuing education (e.g., name
and address of schools and dates of
attendance, courses attended and
scheduled to attend, type of degree,
certificate, grades etc.); information
related to military service and status;
qualifications for employment (e.g.,
license, degree, registration or
certification, experience); vehicle
information (e.g., type make, model,
license and registration number);
evaluation of clinical and technical
skills; services or products purchased
(e.g., vendor name and address, details
about evaluation of service or product,
price, fee, cost, dates purchased and
delivered, employee workload and
productivity data); employee work
relate injuries (cause, severity, type of
injury, body part affected);
4. Financial information, such as
service line and clinic budgets,
projected and actual costs;
5. Supply information, such as
services, materials and equipment
ordered; and
6. Abstract information (e.g., data
warehouses, environmental and
epidemiological registries, etc.) is
maintained in auxiliary paper and
automated records;
7. Electronic messages;
8. The Social Security number and
universal personal identification
number of health care providers;
9. Practitioner DEA registration
numbers; and
10. The Integration Control Number or
Veterans Administration Person
Identifier.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by the individual,
supervisors, other employees, personnel
records, or obtained from their
interaction with the system, and from
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other VA information technology (IT)
systems, including but not limited to,
Master Person Index and Enrollment.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
To the extent that records contained
in the system include information
protected by 38 U.S.C. 7332, i.e.,
medical treatment information related to
drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the
human immunodeficiency virus, that
information cannot be disclosed under a
routine use unless there is also specific
statutory authority permitting
disclosure. VA may disclose protected
health information pursuant to the
following routine uses where required
by law or permitted by 45 CFR parts 160
and 164.
1. In the event that a record
maintained by VA to carry out its
functions indicates a violation or
potential violation of law, whether civil,
criminal or regulatory in nature, and
whether arising by general statute or
particular program statute, or by
regulation, rule or order issued pursuant
thereto, information may be disclosed to
the appropriate agency whether Federal,
state, local or foreign, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute or rule, regulation 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 a
Department decision concerning the
hiring or retention of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
letting of a contract, or the issuance of
a license, grant, or other benefits.
3. Disclosure may be made to an
agency in the executive, legislative, or
judicial branch, or the District of
Columbia government in response to its
request or at the initiation of VA, in
connection with the hiring of an
employee, 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 by the requesting agency, or the
lawful statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
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relevant and necessary to the requesting
agency’s decision.
4. Disclosure may be made to a
Congressional office from the record of
an individual in response to an inquiry
from the Congressional office made at
the request of that individual.
5. Disclosure may be made to National
Archives and Records Administration
(NARA) and the General Services
Administration in records management
inspections and other activities
conducted under Title 44.
6. Disclosure may be made to the
Department of Justice and United States
Attorneys in defense or prosecution of
litigation involving the United States,
and to Federal agencies upon their
request in connection with review of
administrative tort claims filed under
the Federal Tort Claims Act, 28 U.S.C.
2672.
7. Hiring, performance, or other
personnel-related information may be
disclosed to any facility with which
there is or there is proposed to be an
affiliation, sharing agreement, contract,
or similar arrangement for purposes of
establishing, maintaining, or expanding
any such relationship.
8. Disclosure may be made to a
Federal, State or local government
licensing board and to the Federation of
State Medical Boards or a similar
nongovernment entity which maintains
records concerning individual
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, retention or
termination of an employee; or to
inform a Federal agency, licensing
boards or the appropriate
nongovernment 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. These records may also
be disclosed as part of an ongoing
computer matching program to
accomplish these purposes.
9. For program review purposes, and
the seeking of accreditation and/or
certification, disclosure may be made to
survey teams of The Joint Commission,
College of American Pathologists,
American Association of Blood Banks,
and similar national accreditation
agencies or boards with whom VA has
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a contract or agreement to conduct such
reviews, but only to the extent that the
information is necessary and relevant to
the review.
10. Disclosure may be made to a State
or local government entity 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.
11. Any information which is relevant
to a suspected violation 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, may be
disclosed to a Federal, State, local or
foreign agency charged with the
responsibility of investigating or
prosecuting such violation, rule or order
issued pursuant thereto.
12. 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.
13. Disclosure may be made to the
VA-appointed representative of an
employee, including 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.
14. 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.
15. Disclosure may be made to the
Equal Employment Opportunity
Commission when requested in
connection with investigations of
alleged or possible discrimination
practices, examination of Federal
affirmative employment programs,
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compliance with the Uniform
Guidelines of Employee Selection
Procedures, or other functions vested in
the Commission by the President’s
Reorganization Plan No. 1 of 1978.
16. Disclosure may be made to the
Federal Labor Relations Authority,
including its General Counsel, when
requested in connection with
investigation and resolution of
allegations of unfair labor practices, in
connection with the resolution of
exceptions to arbitrator awards when a
question of material fact is raised and
matters before the Federal Service
Impasses Panel.
17. Disclosure may be made in
consideration and selection of
employees for incentive awards and
other honors and to publicize those
granted. This may include disclosure to
other public and private organizations,
including news media, which grant or
publicize employee awards or honors.
18. Disclosure may be made to
consider employees for recognition
through administrative and quality step
increases and to publicize those granted.
This may include disclosure to other
public and private organizations,
including news media, which grant or
publicize employee recognition.
19. Identifying information such as
name, address, Social Security number
and other information as is reasonably
necessary to identify such individual,
may be disclosed to the National
Practitioner Data Bank at the time of
hiring or clinical privileging/reprivileging of health care practitioners,
and at other times as deemed necessary
by VA in order for VA to obtain
information relevant to a Department
decision concerning the hiring,
privileging/re-privileging, retention or
termination of the applicant or
employee.
20. Disclosure of relevant information
may be made to the National
Practitioner Data Bank or to a State or
local government licensing board which
maintains records concerning the
issuance, retention or revocation of
licenses, certifications, or registrations
necessary to practice an occupation,
profession or specialty when under the
following circumstances, through a peer
review process that is undertaken
pursuant to VA policy, negligence,
professional incompetence,
responsibility for improper care, or
professional misconduct has been
assigned to a physician or licensed or
certified health care practitioner: (1) On
any payment in settlement (or partial
settlement) of, or in satisfaction of a
judgment in a medical malpractice
action or claim; or, (2) on any final
decision that adversely affects the
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clinical privileges of a physician or
practitioner for a period of more than 30
days. These records may also be
disclosed as part of a computer
matching program to accomplish these
purposes.
21. Disclosure of medical 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
and approved by the Under Secretary
for Health.
22. Disclosure of names and addresses
of present or former personnel of the
Armed Services, and their dependents,
may be made to: (a) A Federal
department or agency, at the written
request of the head or designee of that
agency; or (b) directly to a contractor or
subcontractor of a Federal department
or agency, for the purpose of conducting
Federal research necessary to
accomplish a statutory purpose of an
agency. When disclosure of this
information is made directly to a
contractor, VA may impose applicable
conditions on the department, agency,
or contractor to insure the
appropriateness of the disclosure to the
contractor.
23. The Social Security number,
universal personal identification
number and other identifying
information of a health care provider
may be disclosed to a third party where
the third party requires the agency to
provide that information before it will
pay for medical care provided by VA.
24. Relevant information may be
disclosed to individuals, organizations,
private or public agencies, etc., with
whom VA has a contract or agreement
to perform such services as VA may
deem practical for the purposes of laws
administered by VA, in order for the
contractor to perform the services of the
contract or agreement.
25. Disclosure of relevant health care
information may be made to individuals
or organizations (private or public) with
whom VA has a contract or sharing
agreement for the provision of health
care or administrative or financial
services.
26. 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.
27. 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
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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.
28. VA may disclose relevant provider
information to a state prescription drug
monitoring program, or similar program,
for the purpose of submitting to or
receiving from the program information
regarding prescriptions to an individual
for controlled substances, as required
under the applicable state law.
29. VA may disclose health care
information to DoD for the purpose of
VA health care operations as defined in
the HIPAA Privacy Rule, 45 CFR parts
160 and 164 and to the Defense Health
Agency (DHA), as a health care
provider, for the purpose of DHA heath
care operations.
30. VA may disclose information from
this system of records 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.
31. VA may disclose relevant health
care information to (a) a Federal agency
or non-VA health care provider or
institution when VA refers a patient for
hospital or nursing home care or
medical services, or authorizes a patient
to obtain non-VA medical services, and
the information is needed by the Federal
agency or non-VA institution or
provider to perform the services, or (b)
a Federal agency or a non-VA hospital
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Jkt 253001
(Federal, State and local, public, or
private) or other medical institution
having hospital facilities, blood banks,
or similar institutions, medical schools
or clinics, or other groups or individuals
that have contracted or agreed to
provide medical services or share the
use of medical resources under the
provisions of 38 U.S.C. 513, 7409, 8111,
or 8153, when treatment is rendered by
VA under the terms of such contract or
agreement, or the issuance of an
authorization, and the information is
needed for purposes of medical
treatment and/or follow-up, determining
entitlement to a benefit, or recovery of
the costs of the medical care.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records maintained on paper,
microfilm, magnetic tape, disk, or laser
optical media. In most cases, archival
storage of the VistA data to backup tapes
are maintained at off-site locations.
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:
RCS 10–1, Item 2000.2 Information
Technology Operations and
Maintenance Records destroy 3 years
after agreement, control measures,
procedures, project, activity, or when
transaction is obsolete, completed,
terminated or superseded, but longer
retention is authorized if required for
business use (DAA–GRS–2013–0005–
0004, item 020). RCS10–1, Item 2100.3
2100.3, System Access Records destroy
6 years after password is altered or user
account is terminated, but longer
retention is authorized if required for
business use (DAA–GRS–2013–0006–
0004, item 31).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
1. Access to VA working and storage
areas is restricted to VA employees on
a ‘‘need- to-know’’ basis. Strict physical
security 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
facilities are protected from outside
access by the Federal Protective Service
or other security personnel.
2. Access to computer rooms at health
care facilities and regional data
processing centers is generally limited
by appropriate locking devices and
restricted to authorized VA employees
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Frm 00236
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and vendor personnel. Automated Data
Processing (ADP) peripheral devices are
placed in secure areas (areas that are
locked or have limited access) or are
otherwise protected. Information in
VistA may be accessed by authorized
VA employees. Access to file
information is controlled at two levels.
The systems recognize authorized
employees by 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 which is needed in the
performance of their official duties.
Information that is downloaded from
VistA and maintained on laptops and
other approved government equipment
is afforded similar storage and access
protections as the data that is
maintained in the original files. Access
to information stored on automated
storage media at other VA locations is
controlled by individually unique
passwords/codes.
Access by Office of Inspector General
(OIG) staff conducting an audit,
investigation, or inspection at the health
care facility, or an OIG office location
remote from the health care facility, is
controlled in the same manner.
3. Information downloaded from
VistA and maintained by the OIG
headquarters and Field Offices on
automated storage media is secured in
storage areas for facilities to which only
OIG staff have access. Paper documents
are similarly secured. Access to paper
documents and information on
automated storage media is limited to
OIG employees who have a need for the
information in the performance of their
official duties. Access to information
stored on automated storage media is
controlled by individually unique
passwords/codes.
4. 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 in this system may write, call or
visit the VA facility location where they
are or were employed or made contact.
E:\FR\FM\23DEN1.SGM
23DEN1
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
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 VA facility location at which they
are or were employed or made contact.
Inquiries should include the person’s
full name, Social Security number, dates
of employment, date(s) of contact, and
return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 69
FR 5667.
[FR Doc. 2020–28340 Filed 12–22–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0500]
Agency Information Collection Activity
Under OMB Review: Mandatory
Verification of Dependents
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,
will submit the collection of
information abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
PRA submission describes the nature of
the information collection and its
expected cost and burden and it
includes the actual data collection
instrument.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Refer to ‘‘OMB Control
No. 2900–0500.
FOR FURTHER INFORMATION CONTACT:
Danny S. Green, Enterprise Records
Service (005R1B), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 421–
1354 or email danny.green2@va.gov.
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
Please refer to ‘‘OMB Control No. 2900–
0500’’ in any correspondence.
DEPARTMENT OF VETERANS
AFFAIRS
SUPPLEMENTARY INFORMATION:
Privacy Act of 1974; System of
Records
Authority: 38 U.S.C. 501.
Title: Mandatory Verification of
Dependents (VA Form 21–0538).
OMB Control Number: 2900–0500.
Type of Review: Revision of a
currently approved collection.
Abstract: VA Form 21–0538 is used to
request verification of the status of
dependents for whom additional
compensation is being paid to veterans.
Without this information, continued
entitlement to the benefits for
dependents could not be determined.
VA Form 21–0538 has been revised;
(1) letter template removed as it was a
duplicate of a VA cover letter already in
use, (2) the title has been changed from
‘Mandatory Status of Dependents’ to
Mandatory Verification of Dependents,
(3) Section II: Status Certification, was
added to help delineate whether the
veteran is needed to provide additional
information on the status of their
dependents, or not, (4) the form was
changed to include removals only as
these are dependents that have already
been previously added to the veteran’s
benefits, as another collection is used to
add dependents, and (5) an e-signature
has been added to provide a digital
format for online signatures. The burden
estimate has also been decreased.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 85 FR
196 on October 8, 2020, pages 63661
and 63662.
Affected Public: Individuals or
Households.
Estimated Annual Burden: 29,233
hours.
Estimated Average Burden per
Respondent: 10 minutes.
Frequency of Response: One time.
Estimated Number of Respondents:
175,400.
By direction of the Secretary:
Danny S. Green,
VA PRA Clearance Officer, Office of Quality,
Performance and Risk, Department of
Veterans Affairs.
[FR Doc. 2020–28344 Filed 12–22–20; 8:45 am]
BILLING CODE 8320–01–P
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84119
Veterans Health
Administration (VHA).
ACTION: Notice of a modified system of
records.
AGENCY:
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, ‘‘Consolidated Data
Information System-VA’’ (97VA10P1) as
set forth in the Federal Register 80 FR
11524. VA is amending the system of
records by revising the System Number;
Categories of Individuals Covered By
the System; Categories of Records in the
System; Record Source Categories;
Routine Uses of Records Maintained in
the System and Policies; Policies and
Practices for Storage of Records; Policies
and Practices for Retrieval of Records;
Policies and Practices for Retention and
Disposal of Records; Administrative,
Technical, and Physical Safeguards;
Record Access Procedure; and
Appendix. VA is republishing the
system notice in its entirety.
DATES: Comments on the amendment of
this system of records must be received
no later than January 22, 2021. If no
public comment is received during the
period allowed for comment or unless
otherwise published in the Federal
Register by VA, the amended system
will become effective January 22, 2021.
ADDRESSES: Comments may be
submitted through www.Regulations.gov
or mailed to VA Privacy Service, 810
Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments
should indicate that they are submitted
in response to ‘‘Consolidated Data
Information System-VA (97VA10P1)’’.
Comments received will be available at
regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Stephania Griffin, Veterans Health
Administration (VHA) Privacy Officer,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (704) 245–2492.
SUPPLEMENTARY INFORMATION: The
System Number will be changed from
97VA10P1 to 97VA10 to reflect the
current VHA organizational routing
symbol.
The Categories of Individuals Covered
by the System is being amended to
include VA-enrolled Veterans. This
section will remove individuals who are
not beneficiaries.
E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84114-84119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28340]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)),
notice is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records entitled ``Veterans Health Information
Systems and Technology Architecture (VistA) Records-VA'' (79VA10P2) as
set forth in 77 FR 65939. VA is amending the system by revising the
System Number, System Location, System Manager, Records Source
Categories, Routine Uses of Records Maintained in the System, Policies
and Practices for Retention and Disposal of Records, Physical,
Procedural and Administrative Safeguards. VA is republishing the system
notice in its entirety.
DATES: Comments on this amended system of records must be received no
later than January 22, 2021. If no public comment is received during
the period allowed for comment or unless otherwise published in the
Federal Register by VA, the new system will become effective January
22, 2021.
ADDRESSES: Comments may be submitted through www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Veterans Health Information Systems and Technology
Architecture (VistA) Records-VA (79VA10P2)''. Comments received will be
available at regulations.gov for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, 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 number is being updated from
79VA10P2 to 79VA10 to reflect the current VHA organizational routing
symbol. The System Manager is being updated to reflect organization
changes.
The System Location is being updated to reflect electronic records
being located at VA Enterprise Cloud Data Centers/Amazon Web Services
and contracted data repository sites, such as the 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.
The Records Source Categories is being updated to include other VA
information technology (IT) systems, including but not limited to,
Master Person Index and Enrollment.
Routine Use twenty-nine (29) is being added to state, ``VA may
disclose health care information to DoD for the purpose of VHA health
care operations as defined in the HIPAA Privacy Rule, 45 CFR parts 160
and 164 and to the Defense Health Agency (DHA), as a health care
provider, for the purpose of DHA heath care operations.'' VHA, as a
health care provider, must be able to share health care information
with other entities and health care providers for VA to perform certain
health care operations, such as quality assessment and improvement
activities and medical reviews.
Routine Use thirty (30) is being added to state, ``VA may disclose
information from this system of records 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 thirty-one (31) is being added to state, ``VA may
disclose relevant health care information to (a) a Federal agency or
non-VA health care provider or institution when VA refers a patient for
hospital or nursing home care or medical services, or authorizes a
patient to obtain non-VA medical services, and the information is
needed by the Federal agency or non-VA institution or provider to
perform the services, or (b) a Federal agency or a non-VA hospital
(Federal, State and local, public, or private) or other medical
institution having hospital facilities, blood banks, or similar
institutions, medical schools or clinics, or other groups or
individuals that have contracted or agreed to provide medical services
or share the use of medical resources under the provisions of 38 U.S.C.
513, 7409, 8111, or 8153, when treatment is rendered by VA under the
terms of such contract or agreement, or the issuance of an
authorization, and the information is needed for purposes of medical
treatment and/or follow-up, determining entitlement to a benefit, or
recovery of the costs of the medical care.
Policies and Practices for Retention and Disposal of Records is
being updated to remove, ``Paper records and information stored on
electronic storage media are maintained and disposed of in accordance
with records disposition authority approved by the Archivist of the
United States.'' This section will
[[Page 84115]]
state, Record Control Schedule (RCS) 10-1, Item 2000.2 Information
Technology Operations and Maintenance Records destroy 3 years after
agreement, control measures, procedures, project, activity, or when
transaction is obsolete, completed, terminated or superseded, but
longer retention is authorized if required for business use (DAA-GRS-
2013-0005-0004, item 020). RCS 10-1, Item 2100.3 2100.3, System Access
Records destroy 6 years after password is altered or user account is
terminated, but longer retention is authorized if required for business
use (DAA-GRS-2013-0006-0004, item 31).
The Physical, Procedural and Administrative Safeguards section is
being amended to add, ``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.''
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 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 of Information and Technology and Chief
Information Officer, approved this document on November 10, 2020 for
publication.
Dated: December 18, 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:
Veterans Health Information Systems and Technology Architecture
(VistA) Records-VA (79VA10).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at VA health care facilities, Regional Data
Processing Centers and (in most cases), archival storage of the VistA
data to back up tapes are maintained at off-site locations. Address
locations for VA facilities are listed in VA Appendix 1. 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; VA Data Processing Centers, VA Office of Information &
Technology (OI&T) Field Offices; Veterans Integrated Service Network
(VISN) Offices; Employee Education Systems and VA Enterprise Cloud Data
Centers/Amazon Web Services, 1915 Terry Avenue, Seattle, WA 98101 and
contracted data repository sites, such as the Cerner Technology Centers
(CTC): Primary Data Center in Kansas City, MO and Continuity of
Operations/Disaster Recovery (COOP/DR) Data Center in Lees Summit, MO.
SYSTEM MANAGER(S):
The official responsible for policies and procedures is the
Director, Health Information Governance (HIG), Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Toll-free
telephone number 1-877-461-5038.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section 7301(a).
PURPOSE(S) OF THE SYSTEM:
The records and information may be used for 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; the planning, distribution and utilization of resources;
the possession and use of equipment or supplies; the performance of
vendors, equipment, and employees; and to provide clinical and
administrative support to patient medical care. The data may be used
for research purposes. The data may be used also for such purposes as
assisting in the scheduling of tours of duties and job assignments of
employees; the scheduling of patient treatment services, including
nursing care, clinic appointments, surgery, diagnostic and therapeutic
procedures; the repair and maintenance of equipment and for follow-up
activities to determine that the actions were accomplished and to
evaluate the results; the registration of vehicles and the assignment
and utilization of parking spaces; to plan, schedule, and maintain
rosters of patients, employees and others attending or participating in
sports, recreational or other events (e.g., National Wheelchair Games,
concerts, picnics); for audits, reviews and investigations conducted by
staff of the health care facility, the Network Directors Office, VA
Central Office, and the VA Office of Inspector General (OIG); for
quality assurance audits, reviews, investigations and inspections; for
law enforcement investigations; and for personnel management,
evaluation and employee ratings, and performance evaluations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include information concerning current and former
employees, applicants for employment, trainees, contractors, sub-
contractors, contract personnel, students, providers and consultants,
patients and members of their immediate family, volunteers, maintenance
personnel, as well as individuals working collaboratively with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information related to:
1. Workload such as orders entered, verified, and edited (e.g.,
engineering work orders, doctors' orders for patient care including
nursing care, the scheduling and delivery of medications,
consultations, radiology, laboratory and other diagnostic and
therapeutic examinations); results entered; items checked out and items
in use (e.g., library books, keys, x-rays, patient medical records,
equipment, supplies, reference materials); work plans entered and the
subsequent tracking (e.g., construction projects, engineering work
orders and equipment maintenance and repairs assigned to employees and
status, duty schedules, work assignments, work requirements); reports
of contact with individuals or groups; employees' (including
volunteers) work performance information (e.g., duties and
responsibilities assigned and completed, amount of supplies used, time
used, quantity and quality of output, productivity reports, schedules
of patients assigned and treatment to be provided);
2. Administrative procedures, duties, and assignments of certain
personnel;
3. Computer access authorizations, computer applications available
and used, information access attempts,
[[Page 84116]]
frequency and time of use; identification of the person responsible
for, currently assigned, or otherwise engaged in various categories of
patient care or support of health care delivery; vehicle registration
(motor vehicles and bicycles) and parking space assignments; community
and special project participants and attendees (e.g., sports events,
concerts, National Wheelchair Games); employee work related accidents.
The record may include identifying information (e.g., name, date of
birth, age, sex, Social Security number, taxpayer identification
number); address information (e.g., home and mailing address, home
telephone number, emergency contact information such as name, address,
telephone number, and relationship); information related to training
(e.g., security, safety, in-service), education and continuing
education (e.g., name and address of schools and dates of attendance,
courses attended and scheduled to attend, type of degree, certificate,
grades etc.); information related to military service and status;
qualifications for employment (e.g., license, degree, registration or
certification, experience); vehicle information (e.g., type make,
model, license and registration number); evaluation of clinical and
technical skills; services or products purchased (e.g., vendor name and
address, details about evaluation of service or product, price, fee,
cost, dates purchased and delivered, employee workload and productivity
data); employee work relate injuries (cause, severity, type of injury,
body part affected);
4. Financial information, such as service line and clinic budgets,
projected and actual costs;
5. Supply information, such as services, materials and equipment
ordered; and
6. Abstract information (e.g., data warehouses, environmental and
epidemiological registries, etc.) is maintained in auxiliary paper and
automated records;
7. Electronic messages;
8. The Social Security number and universal personal identification
number of health care providers;
9. Practitioner DEA registration numbers; and
10. The Integration Control Number or Veterans Administration
Person Identifier.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by the
individual, supervisors, other employees, personnel records, or
obtained from their interaction with the system, and from other VA
information technology (IT) systems, including but not limited to,
Master Person Index and Enrollment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
To the extent that records contained in the system include
information protected by 38 U.S.C. 7332, i.e., medical treatment
information related to drug abuse, alcoholism or alcohol abuse, sickle
cell anemia or infection with the human immunodeficiency virus, that
information cannot be disclosed under a routine use unless there is
also specific statutory authority permitting disclosure. VA may
disclose protected health information pursuant to the following routine
uses where required by law or permitted by 45 CFR parts 160 and 164.
1. In the event that a record maintained by VA to carry out its
functions indicates a violation or potential violation of law, whether
civil, criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule or order
issued pursuant thereto, information may be disclosed to the
appropriate agency whether Federal, state, local or foreign, charged
with the responsibility of investigating or prosecuting such violation
or charged with enforcing or implementing the statute or rule,
regulation 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 a Department decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
conducting of a security or suitability investigation of an individual,
the letting of a contract, or the issuance of a license, grant, or
other benefits.
3. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia government
in response to its request or at the initiation of VA, in connection
with the hiring of an employee, 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 by the requesting agency, or the lawful
statutory, administrative, or investigative purpose of the agency to
the extent that the information is relevant and necessary to the
requesting agency's decision.
4. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual.
5. Disclosure may be made to National Archives and Records
Administration (NARA) and the General Services Administration in
records management inspections and other activities conducted under
Title 44.
6. Disclosure may be made to the Department of Justice and United
States Attorneys in defense or prosecution of litigation involving the
United States, and to Federal agencies upon their request in connection
with review of administrative tort claims filed under the Federal Tort
Claims Act, 28 U.S.C. 2672.
7. Hiring, performance, or other personnel-related information may
be disclosed to any facility with which there is or there is proposed
to be an affiliation, sharing agreement, contract, or similar
arrangement for purposes of establishing, maintaining, or expanding any
such relationship.
8. Disclosure may be made to a Federal, State or local government
licensing board and to the Federation of State Medical Boards or a
similar nongovernment entity which maintains records concerning
individual 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, retention or termination of an employee; or to
inform a Federal agency, licensing boards or the appropriate
nongovernment 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. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
9. For program review purposes, and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of The
Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies
or boards with whom VA has
[[Page 84117]]
a contract or agreement to conduct such reviews, but only to the extent
that the information is necessary and relevant to the review.
10. Disclosure may be made to a State or local government entity 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.
11. Any information which is relevant to a suspected violation 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, may be
disclosed to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, rule or
order issued pursuant thereto.
12. 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.
13. Disclosure may be made to the VA-appointed representative of an
employee, including 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.
14. 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.
15. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform Guidelines
of Employee Selection Procedures, or other functions vested in the
Commission by the President's Reorganization Plan No. 1 of 1978.
16. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in connection
with investigation and resolution of allegations of unfair labor
practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
17. Disclosure may be made in consideration and selection of
employees for incentive awards and other honors and to publicize those
granted. This may include disclosure to other public and private
organizations, including news media, which grant or publicize employee
awards or honors.
18. Disclosure may be made to consider employees for recognition
through administrative and quality step increases and to publicize
those granted. This may include disclosure to other public and private
organizations, including news media, which grant or publicize employee
recognition.
19. Identifying information such as name, address, Social Security
number and other information as is reasonably necessary to identify
such individual, may be disclosed to the National Practitioner Data
Bank at the time of hiring or clinical privileging/re-privileging of
health care practitioners, and at other times as deemed necessary by VA
in order for VA to obtain information relevant to a Department decision
concerning the hiring, privileging/re-privileging, retention or
termination of the applicant or employee.
20. Disclosure of relevant information may be made to the National
Practitioner Data Bank or to a State or local government licensing
board which maintains records concerning the issuance, retention or
revocation of licenses, certifications, or registrations necessary to
practice an occupation, profession or specialty when under the
following circumstances, through a peer review process that is
undertaken pursuant to VA policy, negligence, professional
incompetence, responsibility for improper care, or professional
misconduct has been assigned to a physician or licensed or certified
health care practitioner: (1) On any payment in settlement (or partial
settlement) of, or in satisfaction of a judgment in a medical
malpractice action or claim; or, (2) on any final decision that
adversely affects the clinical privileges of a physician or
practitioner for a period of more than 30 days. These records may also
be disclosed as part of a computer matching program to accomplish these
purposes.
21. Disclosure of medical 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 and approved by the Under
Secretary for Health.
22. Disclosure of names and addresses of present or former
personnel of the Armed Services, and their dependents, may be made to:
(a) A Federal department or agency, at the written request of the head
or designee of that agency; or (b) directly to a contractor or
subcontractor of a Federal department or agency, for the purpose of
conducting Federal research necessary to accomplish a statutory purpose
of an agency. When disclosure of this information is made directly to a
contractor, VA may impose applicable conditions on the department,
agency, or contractor to insure the appropriateness of the disclosure
to the contractor.
23. The Social Security number, universal personal identification
number and other identifying information of a health care provider may
be disclosed to a third party where the third party requires the agency
to provide that information before it will pay for medical care
provided by VA.
24. Relevant information may be disclosed to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem practical
for the purposes of laws administered by VA, in order for the
contractor to perform the services of the contract or agreement.
25. Disclosure of relevant health care information may be made to
individuals or organizations (private or public) with whom VA has a
contract or sharing agreement for the provision of health care or
administrative or financial services.
26. 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.
27. 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
[[Page 84118]]
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.
28. VA may disclose relevant provider information to a state
prescription drug monitoring program, or similar program, for the
purpose of submitting to or receiving from the program information
regarding prescriptions to an individual for controlled substances, as
required under the applicable state law.
29. VA may disclose health care information to DoD for the purpose
of VA health care operations as defined in the HIPAA Privacy Rule, 45
CFR parts 160 and 164 and to the Defense Health Agency (DHA), as a
health care provider, for the purpose of DHA heath care operations.
30. VA may disclose information from this system of records 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.
31. VA may disclose relevant health care information to (a) a
Federal agency or non-VA health care provider or institution when VA
refers a patient for hospital or nursing home care or medical services,
or authorizes a patient to obtain non-VA medical services, and the
information is needed by the Federal agency or non-VA institution or
provider to perform the services, or (b) a Federal agency or a non-VA
hospital (Federal, State and local, public, or private) or other
medical institution having hospital facilities, blood banks, or similar
institutions, medical schools or clinics, or other groups or
individuals that have contracted or agreed to provide medical services
or share the use of medical resources under the provisions of 38 U.S.C.
513, 7409, 8111, or 8153, when treatment is rendered by VA under the
terms of such contract or agreement, or the issuance of an
authorization, and the information is needed for purposes of medical
treatment and/or follow-up, determining entitlement to a benefit, or
recovery of the costs of the medical care.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records maintained on paper, microfilm, magnetic tape, disk, or
laser optical media. In most cases, archival storage of the VistA data
to backup tapes are maintained at off-site locations.
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:
RCS 10-1, Item 2000.2 Information Technology Operations and
Maintenance Records destroy 3 years after agreement, control measures,
procedures, project, activity, or when transaction is obsolete,
completed, terminated or superseded, but longer retention is authorized
if required for business use (DAA-GRS-2013-0005-0004, item 020). RCS10-
1, Item 2100.3 2100.3, System Access Records destroy 6 years after
password is altered or user account is terminated, but longer retention
is authorized if required for business use (DAA-GRS-2013-0006-0004,
item 31).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need- to-know'' basis. Strict physical security
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 facilities are
protected from outside access by the Federal Protective Service or
other security personnel.
2. Access to computer rooms at health care facilities and regional
data processing centers is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor personnel.
Automated Data Processing (ADP) peripheral devices are placed in secure
areas (areas that are locked or have limited access) or are otherwise
protected. Information in VistA may be accessed by authorized VA
employees. Access to file information is controlled at two levels. The
systems recognize authorized employees by 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 which is needed in the
performance of their official duties. Information that is downloaded
from VistA and maintained on laptops and other approved government
equipment is afforded similar storage and access protections as the
data that is maintained in the original files. Access to information
stored on automated storage media at other VA locations is controlled
by individually unique passwords/codes.
Access by Office of Inspector General (OIG) staff conducting an
audit, investigation, or inspection at the health care facility, or an
OIG office location remote from the health care facility, is controlled
in the same manner.
3. Information downloaded from VistA and maintained by the OIG
headquarters and Field Offices on automated storage media is secured in
storage areas for facilities to which only OIG staff have access. Paper
documents are similarly secured. Access to paper documents and
information on automated storage media is limited to OIG employees who
have a need for the information in the performance of their official
duties. Access to information stored on automated storage media is
controlled by individually unique passwords/codes.
4. 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 in this system may write, call or visit the VA facility
location where they are or were employed or made contact.
[[Page 84119]]
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 VA facility location
at which they are or were employed or made contact. Inquiries should
include the person's full name, Social Security number, dates of
employment, date(s) of contact, and return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 69 FR 5667.
[FR Doc. 2020-28340 Filed 12-22-20; 8:45 am]
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