Privacy Act of 1974; System of Records, 6996-7000 [2021-01541]
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6996
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[FR Doc. 2021–01526 Filed 1–22–21; 8:45 am]
BILLING CODE 8320–01–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.
ACTION:
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, ‘‘The Revenue Program-Billing
and Collections Records-VA’’
(114VA10D). VA is amending the
system of records by revising the System
Number; System Location; Purpose of
the System; Categories of Individuals
Covered by the System; Record Source
Categories; Routine Uses of Records
Maintained in the System; Policies and
Practices for Storage of Records; and
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 February 24, 2021. 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 February 24, 2021.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Room 1064, Washington,
DC 20420; or by fax to (202) 273–9026
(Note: not a toll-free number).
Comments should indicate they are
submitted in response to ‘‘The Revenue
Program-Billing and Collections
Records-VA’’. Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment (Note: not a toll-free
number). In addition, comments may be
viewed online at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stephania Griffin, Veterans Health
Administration (VHA) Privacy Officer,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
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SUMMARY:
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20420; telephone (704) 245–2492 (Note:
not a toll-free number).
SUPPLEMENTARY INFORMATION: The
System Number is being updated from
114VA10D to 114VA10 to reflect the
current VHA organizational routing
symbol.
The System Location is being updated
to reflect electronic records being
located at contractor facilities, 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. Amazon
Web Services, LLC, 13461 Sunrise
Valley Drive, Herndon, VA 20171–3283.
The Purpose of the System is being
amended to remove participation in
pilot test of NPI enumeration system by
the Centers for Medicare and Medicaid
Services (CMS). This section will add,
CMS National Plan and Provider
Enumeration System (NPPES).
Categories of Individuals Covered by
the System is being amended to add
‘‘including those receiving or eligible to
receive VA health care’’ to item 2. Also,
item 10, Caregivers, is being added.
The Record Source Categories is being
amended to add Social Security
Administration and Patient Medical
Records-VA (24VA10A7). Also,
77VA10A4 is being changed to
77VA10E2E and 79VA10P2 is being
changed to 79VA10A7.
The Routine Uses of Records
Maintained in the System is amending
Routine Use 10 to remove universal
personal identification number.
Routine Use 13 is being amended to
include 7332-protected information.
Routine Use 17 is being amended to
replace ‘‘CMS to test the enumeration
system for the NPI and once the system
is operational’’ with National Plan and
Provider Enumeration System (NPPES).
Routine Use 20 has been amended by
removing the language which states, this
routine use permits disclosures by VA
to respond to a suspected or confirmed
data breach, including the conduct of
any risk analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
a. Effective Response. A Federal
agency’s ability to respond quickly and
effectively in the event of a breach of
Federal data is critical to its efforts to
prevent or minimize any consequent
harm. An effective response necessitates
disclosure of information regarding the
breach to those individuals affected by
it, as well as to persons and entities in
a position to cooperate, either by
assisting in notification to affected
individuals or playing a role in
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preventing or minimizing harms from
the breach.
b. Disclosure of Information. Often,
the information to be disclosed to such
persons and entities is maintained by
Federal agencies and is subject to the
Privacy Act (5 U.S.C 552a). The Privacy
Act prohibits the disclosure of any
record in a system of records by any
means of communication to any person
or agency absent the written consent of
the subject individual, unless the
disclosure falls within one of twelve
statutory exceptions. In order to ensure
an agency is in the best position to
respond in a timely and effective
manner, in accordance with 5 U.S.C
552a(b)(3) of the Privacy Act, agencies
should publish a routine use for
appropriate systems specifically
applying to the disclosure of
information in connection with
response and remedial efforts in the
event of a data breach.
The language in Routine Use 21 is
being amended. It previously stated 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.
Policies and Practices for Storage of
Records is being amended to include
Records within this system is also
hosted in Amazon Web Services (AWS)
Government Cloud (GovCloud)
infrastructure as a service cloudcomputing environment that has been
authorized at the high-impact level
under the Federal Risk and
Authorization Management Program
(FedRAMP).
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
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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 July
24, 2020 for publication.
Dated: January 19, 2021.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office
of Information Security, Office of Information
and Technology, Department of Veterans
Affairs.
SYSTEM NAME:
The Revenue Program-Billing and
Collections Records-VA (114VA10)
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
Records are maintained at each
Department of Veterans Affairs (VA)
health care facility. In most cases,
backup computer tape information is
stored at off-site locations. Address
locations for VA facilities are listed in
VA Appendix 1 of the biennial
publication of VA Privacy Act
Issuances. In addition, information from
these records or copies of records may
be maintained at, 810 Vermont Avenue
NW, Washington, DC; the VA Austin
Automation Center (AAC), Austin,
Texas; Veterans Integrated Service
Network (VISN) Offices; VA Allocation
Resource Center (ARC), Boston,
Massachusetts; and contractor facilities,
such as the Cerner Technology Centers
(CTC); Primary Data Center in Kansas
City, Missouri; and Continuity of
Operations/Disaster Recovery (COOP/
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DR) Data Center in Lees Summit,
Missouri. Records are also maintained at
Amazon Web Services, LLC, 13461
Sunrise Valley Drive, Herndon, VA
20171–3283.
SYSTEM MANAGER(S):
The official responsible for policies
and procedures is the Deputy Under
Secretary for Health, Office for
Community Care (10D), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420. The local
officials responsible for maintaining the
system are the Director of the facility
where the individual is or was
associated.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code (U.S.C.),
sections 1710 and 1729.
PURPOSE(S) OF THE SYSTEM:
The records and information are used
for the billing of, and collections from
a third-party payer, including insurance
companies, other Federal agencies, or
foreign governments, for medical care or
services received by a Veteran for a nonservice-connected condition or from a
first party Veteran required to make
copayments. The records and
information are also used for the billing
of and collections from other Federal
agencies for medical care or services
received by an eligible beneficiary. The
data may be used to identify and/or
verify insurance coverage of a Veteran
or Veteran’s spouse prior to submitting
claims for medical care or services. The
data may be used to support appeals for
non-reimbursement of claims for
medical care or services provided to a
Veteran. Data may be used in the Payer
Compliance Tool to determine if third
party payer information meets the
requirement to reimburse VA. The data
may be used to enroll health care
providers with health plans and VA’s
health care clearinghouse in order to
electronically file third party claims. For
the purposes of health care billing and
payment activities to and from third
party payers, VA will disclose
information in accordance with the
legislatively-mandated transaction
standard and code sets promulgated by
the United States Department of Health
and Human Services (HHS) under the
Health Insurance Portability and
Accountability Act (HIPAA). The data
may be used to make application for a
National Provider Identifier (NPI), as
required by the HIPAA Administrative
Simplification Rule on Standard Unique
Health Identifier for Healthcare
Providers, 45 CFR part 162, for all
health care professionals providing
examination or treatment within VA
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health care facilities, including the
Centers for Medicare and Medicaid
Services (CMS) National Plan and
Provider Enumeration System (NPPES).
The records and information may be
used for statistical analyses to produce
various management, tracking and
follow-up reports, to track and trend the
reimbursement practices of insurance
carriers, and to track billing and
collection information. The data may be
used to support, or in anticipation of
supporting, reimbursement claims from
community health care providers or
their agents. The data may be used to
support, or in anticipation of
supporting, reimbursement claims from
academic affiliates with which VA
maintains a business relationship.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. Veterans who have applied for
health care services under Title 38,
United States Code, Chapter 17, and in
certain cases members of their
immediate families.
2. Beneficiaries of other Federal
agencies, including those receiving or
eligible to receive VA health care.
3. Individuals examined or treated
under contract or resource sharing
agreements.
4. Individuals examined or treated for
research or donor purposes.
5. Individuals who have applied for
Title 38 benefits, but who do not meet
the requirements under Title 38 to
receive such benefits.
6. Individuals who were provided
medical care under emergency
conditions for humanitarian reasons.
7. Pensioned members of allied forces
(Allied Beneficiaries) who are provided
health care services under Title 38,
United States Code, Chapter 1.
8. Health care professionals providing
examination or treatment to any
individuals within VA health care
facilities.
9. Health care professionals providing
examination or treatment to individuals
under contract or resource sharing
agreements or Community Care
programs, such as Choice.
10. Caregivers.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information
related to:
1. The Social Security number and
insurance policy number of the Veteran
and/or Veteran’s spouse. The record
may include other identifying
information (e.g., name, date of birth,
age, sex, marital status) and address
information (e.g., home and/or mailing
address, home telephone number).
2. Insurance company information
specific to coverage of the Veteran and/
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or spouse to include annual deductibles
and benefits.
3. Diagnostic codes (ICD–10–CM,
CPT– 4, and any other coding system)
pertaining to the individual’s medical,
surgical, psychiatric, dental and/or
psychological examination or treatment.
4. Charges claimed to a third-party
payer, including insurance companies,
other Federal agencies, or foreign
governments, based on treatment/
services provided to the patient.
5. Charges billed to those Veterans
who are required to meet co-payment
obligations for treatment/services
rendered by VA.
6. The name, Social Security number,
Drug Enforcement Administration
(DEA) number, National Provider
Identifier (NPI) and credentials
including provider’s degree, licensure,
certification, registration or occupation
of health care providers.
7. Records of charges related to
patient care that are created in
anticipation of litigation in which the
United States is a party or has an
interest in the litigation or potential
litigation, including a third-party
tortfeasor, workers compensation, or nofault automobile insurance cases. Such
records are not subject to disclosure
under 5 U.S.C. 552a(d)(5).
RECORD SOURCE CATEGORIES:
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The patient, family members or
guardian, and friends, employers or
other third parties when otherwise
unobtainable from the patient or family;
health insurance carriers; private
medical facilities and health care
professionals; state and local agencies;
other Federal agencies; Social Security
Administration; VA regional offices;
Veterans Benefits Administration
automated record systems, including
Veterans and Beneficiaries
Identification and Records Location
Subsystem-VA (38VA23) and the
Compensation, Pension, Education and
Rehabilitation Records-VA (58VA21/22/
28); and various automated systems
providing clinical and facilities to
include Health Care Provider
Credentialing and Privileging RecordsVA (77VA10E2E); Veterans Health
Information Systems and Technology
Architecture (VistA)-VA (79VA10A7)
and Patient Medical Records-VA
(24VA10A7).
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.,
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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 information,
except for the names and home address
of Veterans and their dependents, to a
Federal, State, local, tribal or foreign
agency charged with the responsibility
of investigating or prosecuting civil,
criminal or regulatory violations of law,
or charged with enforcing or
implementing the statute, regulation,
rule or order issued pursuant thereto.
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 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 letting of a contract,
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. However, names and
addresses of Veterans and their
dependents will be released only to
Federal entities.
3. 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.
4. Disclosure may be made to National
Archives and Records Administration in
records management inspections
conducted under authority of Title 44
U.S.C.
5. 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.
6. Any information in this system of
records, including personal information
obtained from other Federal agencies
through computer-matching programs,
may be disclosed for the purposes
identified below to any third party,
except consumer reporting agencies, in
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connection with any proceeding for the
collection of an amount owed to the
United States by virtue of a person’s
participation in any benefit program
administered by VA. Information may
be disclosed under this routine use only
to the extent that it is reasonably
necessary for the following purposes: (a)
To assist VA in collection of Title 38
overpayments, overdue indebtedness,
and/or costs of services provided
individuals not entitled to such
services; and (b) to initiate civil or
criminal legal actions for collecting
amounts owed to the United States and/
or for prosecuting individuals who
willfully or fraudulently obtain Title 38
benefits without entitlement. This
disclosure is consistent with 38 U.S.C.
5701(b)(6).
7. The name and address of a Veteran,
other information as is reasonably
necessary to identify such Veteran,
including personal information obtained
from other Federal agencies through
computer matching programs, and any
information concerning the Veteran’s
indebtedness to the United States by
virtue of the person’s participation in a
benefits program administered by VA
may be disclosed to a consumer
reporting agency for purposes of
assisting in the collection of such
indebtedness, provided that the
provisions of 38 U.S.C. 5701(g)(4) have
been met.
8. The name of a Veteran, or other
beneficiary, other information as is
reasonably necessary to identify such
individual, and any information
concerning the individual’s
indebtedness by virtue of a person’s
participation in a medical care and
treatment program administered by VA,
may be disclosed to the Treasury
Department, Internal Revenue Service,
for the collection of indebtedness
arising from such program by the
withholding of all or a portion of the
person’s Federal income tax refund.
These records may be disclosed as part
of a computer-matching program to
accomplish these purposes.
9. Relevant information (excluding
medical treatment information related to
drug or alcohol abuse, infection with the
human immunodeficiency virus or
sickle cell anemia) may be disclosed to
HHS for the purpose of identifying
improper duplicate payments made by
Medicare fiscal intermediaries where
VA was authorized and was responsible
for payment for medical services
obtained at community health care
facilities.
10. The Social Security number, NPI,
credentials, and other identifying
information of a health care provider
may be disclosed to a third party where
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the third party requires the Department
provide that information before it will
pay for medical care provided by VA.
11. 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 and/or subcontractor to
perform the services of the contract or
agreement.
12. Relevant information from this
system of records may be disclosed to
the National Practitioner Data Bank and/
or State Licensing Board in the State(s)
in which a practitioner is licensed, in
which the VA facility is located, and/or
in which an act or omission occurred
upon which a medical malpractice
claim was based when VA reports
information concerning: (a) Any
payment for the benefit of a physician,
dentist, or other licensed health care
practitioner which was made as the
result of a settlement or judgment of a
claim of medical malpractice if an
appropriate determination is made in
accordance with agency policy that
payment was related to substandard
care, professional incompetence or
professional misconduct on the part of
the individual; (b) a final decision
which relates to possible incompetence
or improper professional conduct that
adversely affects the clinical privileges
of a physician, dentist or other licensed
health care practitioner for a period
longer than 30 days; or (c) the
acceptance of the surrender of clinical
privileges, or any restriction of such
privileges by a physician, dentist, or
other licensed health care practitioner
either while under investigation by the
health care entity relating to possible
incompetence or improper professional
conduct, or in return for not conducting
such an investigation or proceeding.
These records may also be disclosed as
part of a computer-matching program to
accomplish these purposes.
13. Relevant information, including
7332-protected information, may be
disclosed from this system of records to
any third party or Federal agency such
as the Department of Defense, Office of
Personnel Management, HHS and
government-wide third-party insurers
responsible for payment of the cost of
medical care for the identified patients,
in order for VA to seek recovery of the
medical care costs. These records may
also be disclosed as part of a computer
matching program to accomplish these
purposes.
14. Relevant information, including
the nature and amount of a financial
obligation, may be disclosed in order to
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assist VA in the collection of unpaid
financial obligations owed VA, to a
debtor’s employing agency or
commanding officer, so that the debtor
employee may be counseled by his or
her Federal employer or commanding
officer. This purpose is consistent with
5 U.S.C. 5514, 4 CFR 102.5, and section
206 of Executive Order 11222 of May 8,
1965 (30 FR 6469).
15. 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 and/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.
16. Disclosure of individually
identifiable health information
including billing information for the
payment of care may be made by
appropriate VA personnel, to the extent
necessary and on a need-to-know basis
consistent with good medical-ethical
practices, to family members and/or the
person(s) with whom the patient has a
meaningful relationship.
17. Provider identifying information
may be disclosed from this system of
records to the NPPES, to obtain an NPI
for any eligible health care professional
providing examination or treatment
with VA health care facilities.
18. Relevant information may be
disclosed to community health care
providers or their agents where the
community health care provider
provides health care treatment to
Veterans and requires the Department
provide that information in order for
that entity or its agent to submit, or in
anticipation of submission of, a health
care reimbursement claim or, in the case
of the NPI, for permissible purposes
specified in the HIPAA legislation (45
CFR part 162).
19. Relevant information may be
disclosed to an academic affiliate with
which VA maintains a business
relationship, where the VA provider
also maintains an appointment to that
academic affiliate’s medical staff. This
disclosure is to support, or in
anticipation of supporting, a health care
reimbursement claim(s) or, in the case
of the NPI, for permissible purposes
specified in the HIPAA legislation (45
CFR part 162).
20. VA may disclose any information
or records to appropriate agencies,
entities, and persons when: (1) VA
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6999
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 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.
22. 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.
23. 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.
24. VA may disclose relevant
information to attorneys, insurance
companies, employers, third parties
liable or potentially liable under health
plan contracts, and courts, boards, or
commissions, to the extent necessary to
aid VA in the preparation, presentation,
and prosecution of claims authorized
under Federal, State, or local laws, and
regulations promulgated thereunder.
25. VA may disclose relevant
information to health plans, quality
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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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), VA
may disclose records from this system to
consumer reporting agencies as defined
in the Fair Credit Reporting Act (15
U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained on paper or
electronic media. Records within this
system is also hosted in Amazon Web
Services (AWS) Government Cloud
(GovCloud) infrastructure as a service
cloud-computing environment that has
been authorized at the high-impact level
under the Federal Risk and
Authorization Management Program
(FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name, Social
Security number or other assigned
identifier of the individuals on whom
they are maintained, or by specific bill
number assigned to the claim of the
individuals on whom they are
maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Follow the requirement of RCS 10–1
Chapter 4 Item 4000.1 a & b. 4000.1
Financial transaction records related to
procuring goods and services, paying
bills, collecting debts, and accounting.
a. Official record held in the office of
record.
Temporary; destroy six (6) years after
final payment or cancellation, but
longer retention is authorized if
required for business use. (GRS 1.1, Item
010) (DAA–GRS–2016–0001–0002)
b. All Other copies
Temporary; destroy or delete when
six (6) years old, but longer retention is
authorized if required for business use.
(GRS 1.1 item 013) (DAA–GRS–2016–
0001–0002)
jbell on DSKJLSW7X2PROD with NOTICES
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 control
VerDate Sep<11>2014
18:31 Jan 22, 2021
Jkt 253001
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. Information in VistA may only be
accessed by authorized VA personnel.
Access to file information is controlled
at two levels. The systems recognize
authorized personnel by series of
individually unique passwords/codes as
a part of each data message, and
personnel 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 personal
computers 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 the VA Austin
Information Technology Center (AITC)
is generally restricted to AITC
employees, custodial personnel, Federal
Protective Service and other security
personnel. Access to computer rooms is
restricted to authorized operational
personnel through electronic locking
devices. All other persons gaining
access to computer rooms are escorted.
Information stored in the AITC
databases may be accessed.
5. Access to records maintained at the
VA Allocation Resource Center and the
VISN Offices is restricted to VA
employees who have a need for the
PO 00000
Frm 00139
Fmt 4703
Sfmt 9990
information in the performance of their
official duties. Access to information
stored in electronic format is controlled
by individually unique passwords/
codes. Records are maintained in
manned rooms during working hours.
The facilities are protected from outside
access during non-working hours by the
Federal Protective Service or other
security personnel.
6. 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
were treated.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
NOTIFICATION PROCEDURE:
An individual who wishes to
determine whether a record is being
maintained in this system under his or
her name or other personal identifier, or
wants to determine the contents of such
record, should submit a written request
or apply in person to the last VA health
care facility where care was rendered.
Addresses of VA health care facilities
may be found in VA Appendix 1 of the
biennial publication of VA Privacy Act
Issuances. All inquiries must reasonably
identify the place and approximate date
that medical care was provided.
Inquiries should include the patient’s
full name, Social Security number,
insurance company information,
policyholder and policy identification
number as well as a return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 83
FR 11303.
[FR Doc. 2021–01541 Filed 1–22–21; 8:45 am]
BILLING CODE 8320–01–P
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6996-7000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01541]
-----------------------------------------------------------------------
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, notice is hereby given
that the Department of Veterans Affairs (VA) is amending the system of
records entitled, ``The Revenue Program-Billing and Collections
Records-VA'' (114VA10D). VA is amending the system of records by
revising the System Number; System Location; Purpose of the System;
Categories of Individuals Covered by the System; Record Source
Categories; Routine Uses of Records Maintained in the System; Policies
and Practices for Storage of Records; and 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 February 24, 2021. 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
February 24, 2021.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (Note: not a toll-free number). Comments should indicate they
are submitted in response to ``The Revenue Program-Billing and
Collections Records-VA''. Copies of comments received will be available
for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment (Note: not a toll-free number). In addition, comments
may be viewed online at www.Regulations.gov.
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
114VA10D to 114VA10 to reflect the current VHA organizational routing
symbol.
The System Location is being updated to reflect electronic records
being located at contractor facilities, 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. Amazon Web Services, LLC, 13461 Sunrise Valley Drive, Herndon, VA
20171-3283.
The Purpose of the System is being amended to remove participation
in pilot test of NPI enumeration system by the Centers for Medicare and
Medicaid Services (CMS). This section will add, CMS National Plan and
Provider Enumeration System (NPPES).
Categories of Individuals Covered by the System is being amended to
add ``including those receiving or eligible to receive VA health care''
to item 2. Also, item 10, Caregivers, is being added.
The Record Source Categories is being amended to add Social
Security Administration and Patient Medical Records-VA (24VA10A7).
Also, 77VA10A4 is being changed to 77VA10E2E and 79VA10P2 is being
changed to 79VA10A7.
The Routine Uses of Records Maintained in the System is amending
Routine Use 10 to remove universal personal identification number.
Routine Use 13 is being amended to include 7332-protected
information.
Routine Use 17 is being amended to replace ``CMS to test the
enumeration system for the NPI and once the system is operational''
with National Plan and Provider Enumeration System (NPPES).
Routine Use 20 has been amended by removing the language which
states, this routine use permits disclosures by VA to respond to a
suspected or confirmed data breach, including the conduct of any risk
analysis or provision of credit protection services as provided in 38
U.S.C. 5724, as the terms are defined in 38 U.S.C. 5727.
a. Effective Response. A Federal agency's ability to respond
quickly and effectively in the event of a breach of Federal data is
critical to its efforts to prevent or minimize any consequent harm. An
effective response necessitates disclosure of information regarding the
breach to those individuals affected by it, as well as to persons and
entities in a position to cooperate, either by assisting in
notification to affected individuals or playing a role in preventing or
minimizing harms from the breach.
b. Disclosure of Information. Often, the information to be
disclosed to such persons and entities is maintained by Federal
agencies and is subject to the Privacy Act (5 U.S.C 552a). The Privacy
Act prohibits the disclosure of any record in a system of records by
any means of communication to any person or agency absent the written
consent of the subject individual, unless the disclosure falls within
one of twelve statutory exceptions. In order to ensure an agency is in
the best position to respond in a timely and effective manner, in
accordance with 5 U.S.C 552a(b)(3) of the Privacy Act, agencies should
publish a routine use for appropriate systems specifically applying to
the disclosure of information in connection with response and remedial
efforts in the event of a data breach.
The language in Routine Use 21 is being amended. It previously
stated 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.
Policies and Practices for Storage of Records is being amended to
include Records within this system is also hosted in Amazon Web
Services (AWS) Government Cloud (GovCloud) infrastructure as a service
cloud-computing environment that has been authorized at the high-impact
level under the Federal Risk and Authorization Management Program
(FedRAMP).
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
[[Page 6997]]
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 July 24, 2020 for
publication.
Dated: January 19, 2021.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME:
The Revenue Program-Billing and Collections Records-VA (114VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at each Department of Veterans Affairs (VA)
health care facility. In most cases, backup computer tape information
is stored at off-site locations. Address locations for VA facilities
are listed in VA Appendix 1 of the biennial publication of VA Privacy
Act Issuances. In addition, information from these records or copies of
records may be maintained at, 810 Vermont Avenue NW, Washington, DC;
the VA Austin Automation Center (AAC), Austin, Texas; Veterans
Integrated Service Network (VISN) Offices; VA Allocation Resource
Center (ARC), Boston, Massachusetts; and contractor facilities, such as
the Cerner Technology Centers (CTC); Primary Data Center in Kansas
City, Missouri; and Continuity of Operations/Disaster Recovery (COOP/
DR) Data Center in Lees Summit, Missouri. Records are also maintained
at Amazon Web Services, LLC, 13461 Sunrise Valley Drive, Herndon, VA
20171-3283.
SYSTEM MANAGER(S):
The official responsible for policies and procedures is the Deputy
Under Secretary for Health, Office for Community Care (10D), Department
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. The
local officials responsible for maintaining the system are the Director
of the facility where the individual is or was associated.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code (U.S.C.), sections 1710 and 1729.
PURPOSE(S) OF THE SYSTEM:
The records and information are used for the billing of, and
collections from a third-party payer, including insurance companies,
other Federal agencies, or foreign governments, for medical care or
services received by a Veteran for a non-service-connected condition or
from a first party Veteran required to make copayments. The records and
information are also used for the billing of and collections from other
Federal agencies for medical care or services received by an eligible
beneficiary. The data may be used to identify and/or verify insurance
coverage of a Veteran or Veteran's spouse prior to submitting claims
for medical care or services. The data may be used to support appeals
for non-reimbursement of claims for medical care or services provided
to a Veteran. Data may be used in the Payer Compliance Tool to
determine if third party payer information meets the requirement to
reimburse VA. The data may be used to enroll health care providers with
health plans and VA's health care clearinghouse in order to
electronically file third party claims. For the purposes of health care
billing and payment activities to and from third party payers, VA will
disclose information in accordance with the legislatively-mandated
transaction standard and code sets promulgated by the United States
Department of Health and Human Services (HHS) under the Health
Insurance Portability and Accountability Act (HIPAA). The data may be
used to make application for a National Provider Identifier (NPI), as
required by the HIPAA Administrative Simplification Rule on Standard
Unique Health Identifier for Healthcare Providers, 45 CFR part 162, for
all health care professionals providing examination or treatment within
VA health care facilities, including the Centers for Medicare and
Medicaid Services (CMS) National Plan and Provider Enumeration System
(NPPES). The records and information may be used for statistical
analyses to produce various management, tracking and follow-up reports,
to track and trend the reimbursement practices of insurance carriers,
and to track billing and collection information. The data may be used
to support, or in anticipation of supporting, reimbursement claims from
community health care providers or their agents. The data may be used
to support, or in anticipation of supporting, reimbursement claims from
academic affiliates with which VA maintains a business relationship.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. Veterans who have applied for health care services under Title
38, United States Code, Chapter 17, and in certain cases members of
their immediate families.
2. Beneficiaries of other Federal agencies, including those
receiving or eligible to receive VA health care.
3. Individuals examined or treated under contract or resource
sharing agreements.
4. Individuals examined or treated for research or donor purposes.
5. Individuals who have applied for Title 38 benefits, but who do
not meet the requirements under Title 38 to receive such benefits.
6. Individuals who were provided medical care under emergency
conditions for humanitarian reasons.
7. Pensioned members of allied forces (Allied Beneficiaries) who
are provided health care services under Title 38, United States Code,
Chapter 1.
8. Health care professionals providing examination or treatment to
any individuals within VA health care facilities.
9. Health care professionals providing examination or treatment to
individuals under contract or resource sharing agreements or Community
Care programs, such as Choice.
10. Caregivers.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information related to:
1. The Social Security number and insurance policy number of the
Veteran and/or Veteran's spouse. The record may include other
identifying information (e.g., name, date of birth, age, sex, marital
status) and address information (e.g., home and/or mailing address,
home telephone number).
2. Insurance company information specific to coverage of the
Veteran and/
[[Page 6998]]
or spouse to include annual deductibles and benefits.
3. Diagnostic codes (ICD-10-CM, CPT- 4, and any other coding
system) pertaining to the individual's medical, surgical, psychiatric,
dental and/or psychological examination or treatment.
4. Charges claimed to a third-party payer, including insurance
companies, other Federal agencies, or foreign governments, based on
treatment/services provided to the patient.
5. Charges billed to those Veterans who are required to meet co-
payment obligations for treatment/services rendered by VA.
6. The name, Social Security number, Drug Enforcement
Administration (DEA) number, National Provider Identifier (NPI) and
credentials including provider's degree, licensure, certification,
registration or occupation of health care providers.
7. Records of charges related to patient care that are created in
anticipation of litigation in which the United States is a party or has
an interest in the litigation or potential litigation, including a
third-party tortfeasor, workers compensation, or no-fault automobile
insurance cases. Such records are not subject to disclosure under 5
U.S.C. 552a(d)(5).
RECORD SOURCE CATEGORIES:
The patient, family members or guardian, and friends, employers or
other third parties when otherwise unobtainable from the patient or
family; health insurance carriers; private medical facilities and
health care professionals; state and local agencies; other Federal
agencies; Social Security Administration; VA regional offices; Veterans
Benefits Administration automated record systems, including Veterans
and Beneficiaries Identification and Records Location Subsystem-VA
(38VA23) and the Compensation, Pension, Education and Rehabilitation
Records-VA (58VA21/22/28); and various automated systems providing
clinical and facilities to include Health Care Provider Credentialing
and Privileging Records-VA (77VA10E2E); Veterans Health Information
Systems and Technology Architecture (VistA)-VA (79VA10A7) and Patient
Medical Records-VA (24VA10A7).
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 information, except for the names and home
address of Veterans and their dependents, to a Federal, State, local,
tribal or foreign agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto. 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 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 letting of a contract, 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. However, names and
addresses of Veterans and their dependents will be released only to
Federal entities.
3. 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.
4. Disclosure may be made to National Archives and Records
Administration in records management inspections conducted under
authority of Title 44 U.S.C.
5. 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.
6. Any information in this system of records, including personal
information obtained from other Federal agencies through computer-
matching programs, may be disclosed for the purposes identified below
to any third party, except consumer reporting agencies, in connection
with any proceeding for the collection of an amount owed to the United
States by virtue of a person's participation in any benefit program
administered by VA. Information may be disclosed under this routine use
only to the extent that it is reasonably necessary for the following
purposes: (a) To assist VA in collection of Title 38 overpayments,
overdue indebtedness, and/or costs of services provided individuals not
entitled to such services; and (b) to initiate civil or criminal legal
actions for collecting amounts owed to the United States and/or for
prosecuting individuals who willfully or fraudulently obtain Title 38
benefits without entitlement. This disclosure is consistent with 38
U.S.C. 5701(b)(6).
7. The name and address of a Veteran, other information as is
reasonably necessary to identify such Veteran, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the Veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by VA may be disclosed
to a consumer reporting agency for purposes of assisting in the
collection of such indebtedness, provided that the provisions of 38
U.S.C. 5701(g)(4) have been met.
8. The name of a Veteran, or other beneficiary, other information
as is reasonably necessary to identify such individual, and any
information concerning the individual's indebtedness by virtue of a
person's participation in a medical care and treatment program
administered by VA, may be disclosed to the Treasury Department,
Internal Revenue Service, for the collection of indebtedness arising
from such program by the withholding of all or a portion of the
person's Federal income tax refund. These records may be disclosed as
part of a computer-matching program to accomplish these purposes.
9. Relevant information (excluding medical treatment information
related to drug or alcohol abuse, infection with the human
immunodeficiency virus or sickle cell anemia) may be disclosed to HHS
for the purpose of identifying improper duplicate payments made by
Medicare fiscal intermediaries where VA was authorized and was
responsible for payment for medical services obtained at community
health care facilities.
10. The Social Security number, NPI, credentials, and other
identifying information of a health care provider may be disclosed to a
third party where
[[Page 6999]]
the third party requires the Department provide that information before
it will pay for medical care provided by VA.
11. 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 and/or subcontractor to perform the services of the contract
or agreement.
12. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State Licensing
Board in the State(s) in which a practitioner is licensed, in which the
VA facility is located, and/or in which an act or omission occurred
upon which a medical malpractice claim was based when VA reports
information concerning: (a) Any payment for the benefit of a physician,
dentist, or other licensed health care practitioner which was made as
the result of a settlement or judgment of a claim of medical
malpractice if an appropriate determination is made in accordance with
agency policy that payment was related to substandard care,
professional incompetence or professional misconduct on the part of the
individual; (b) a final decision which relates to possible incompetence
or improper professional conduct that adversely affects the clinical
privileges of a physician, dentist or other licensed health care
practitioner for a period longer than 30 days; or (c) the acceptance of
the surrender of clinical privileges, or any restriction of such
privileges by a physician, dentist, or other licensed health care
practitioner either while under investigation by the health care entity
relating to possible incompetence or improper professional conduct, or
in return for not conducting such an investigation or proceeding. These
records may also be disclosed as part of a computer-matching program to
accomplish these purposes.
13. Relevant information, including 7332-protected information, may
be disclosed from this system of records to any third party or Federal
agency such as the Department of Defense, Office of Personnel
Management, HHS and government-wide third-party insurers responsible
for payment of the cost of medical care for the identified patients, in
order for VA to seek recovery of the medical care costs. These records
may also be disclosed as part of a computer matching program to
accomplish these purposes.
14. Relevant information, including the nature and amount of a
financial obligation, may be disclosed in order to assist VA in the
collection of unpaid financial obligations owed VA, to a debtor's
employing agency or commanding officer, so that the debtor employee may
be counseled by his or her Federal employer or commanding officer. This
purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206
of Executive Order 11222 of May 8, 1965 (30 FR 6469).
15. 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 and/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.
16. Disclosure of individually identifiable health information
including billing information for the payment of care may be made by
appropriate VA personnel, to the extent necessary and on a need-to-know
basis consistent with good medical-ethical practices, to family members
and/or the person(s) with whom the patient has a meaningful
relationship.
17. Provider identifying information may be disclosed from this
system of records to the NPPES, to obtain an NPI for any eligible
health care professional providing examination or treatment with VA
health care facilities.
18. Relevant information may be disclosed to community health care
providers or their agents where the community health care provider
provides health care treatment to Veterans and requires the Department
provide that information in order for that entity or its agent to
submit, or in anticipation of submission of, a health care
reimbursement claim or, in the case of the NPI, for permissible
purposes specified in the HIPAA legislation (45 CFR part 162).
19. Relevant information may be disclosed to an academic affiliate
with which VA maintains a business relationship, where the VA provider
also maintains an appointment to that academic affiliate's medical
staff. This disclosure is to support, or in anticipation of supporting,
a health care reimbursement claim(s) or, in the case of the NPI, for
permissible purposes specified in the HIPAA legislation (45 CFR part
162).
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 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.
22. 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.
23. 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.
24. VA may disclose relevant information to attorneys, insurance
companies, employers, third parties liable or potentially liable under
health plan contracts, and courts, boards, or commissions, to the
extent necessary to aid VA in the preparation, presentation, and
prosecution of claims authorized under Federal, State, or local laws,
and regulations promulgated thereunder.
25. VA may disclose relevant information to health plans, quality
[[Page 7000]]
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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this
system to consumer reporting agencies as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained on paper or electronic media. Records within
this system is also hosted in Amazon Web Services (AWS) Government
Cloud (GovCloud) infrastructure as a service cloud-computing
environment that has been authorized at the high-impact level under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name, Social Security number or other
assigned identifier of the individuals on whom they are maintained, or
by specific bill number assigned to the claim of the individuals on
whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Follow the requirement of RCS 10-1 Chapter 4 Item 4000.1 a & b.
4000.1 Financial transaction records related to procuring goods and
services, paying bills, collecting debts, and accounting.
a. Official record held in the office of record.
Temporary; destroy six (6) years after final payment or
cancellation, but longer retention is authorized if required for
business use. (GRS 1.1, Item 010) (DAA-GRS-2016-0001-0002)
b. All Other copies
Temporary; destroy or delete when six (6) years old, but longer
retention is authorized if required for business use. (GRS 1.1 item
013) (DAA-GRS-2016-0001-0002)
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 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. Information in VistA may only be accessed by authorized VA
personnel. Access to file information is controlled at two levels. The
systems recognize authorized personnel by series of individually unique
passwords/codes as a part of each data message, and personnel 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 personal computers 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 the VA Austin Information Technology Center (AITC) is
generally restricted to AITC employees, custodial personnel, Federal
Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through
electronic locking devices. All other persons gaining access to
computer rooms are escorted. Information stored in the AITC databases
may be accessed.
5. Access to records maintained at the VA Allocation Resource
Center and the VISN Offices is restricted to VA employees who have a
need for the information in the performance of their official duties.
Access to information stored in electronic format is controlled by
individually unique passwords/codes. Records are maintained in manned
rooms during working hours. The facilities are protected from outside
access during non-working hours by the Federal Protective Service or
other security personnel.
6. 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 were treated.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURE:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA health care
facility where care was rendered. Addresses of VA health care
facilities may be found in VA Appendix 1 of the biennial publication of
VA Privacy Act Issuances. All inquiries must reasonably identify the
place and approximate date that medical care was provided. Inquiries
should include the patient's full name, Social Security number,
insurance company information, policyholder and policy identification
number as well as a return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 83 FR 11303.
[FR Doc. 2021-01541 Filed 1-22-21; 8:45 am]
BILLING CODE 8320-01-P