Privacy Act of 1974; System of Records, 18588-18593 [2021-07310]
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18588
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
Department requires frank and full
advice from representatives of the
financial community prior to making its
final decisions on major financing
operations. Historically, this advice has
been offered by debt management
advisory committees established by the
several major segments of the financial
community. When so utilized, such a
committee is recognized to be an
advisory committee under 5 U.S.C. App.
2, 3.
Although the Treasury’s final
announcement of financing plans may
not reflect the recommendations
provided in reports of the Committee,
premature disclosure of the Committee’s
deliberations and reports would be
likely to lead to significant financial
speculation in the securities market.
Thus, this meeting falls within the
exemption covered by 5 U.S.C.
552b(c)(9)(A).
The Office of Debt Management is
responsible for maintaining records of
debt management advisory committee
meetings and for providing annual
reports setting forth a summary of
Committee activities and such other
matters as may be informative to the
public consistent with the policy of 5
U.S.C. 552(b). The Designated Federal
Officer or other responsible agency
official who may be contacted for
additional information is Fred
Pietrangeli, Director for Office of Debt
Management (202) 622–1876.
Dated: April 6, 2021.
Frederick E. Pietrangeli,
Director (for Office of Debt Management).
[FR Doc. 2021–07296 Filed 4–8–21; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0101]
Agency Information Collection
Activity: Eligibility Verification Reports
(EVRs)
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
Veteran’s Benefits
Administration (VBA), Department of
Veterans Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
SUMMARY:
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extension of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before June 8, 2021.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0101’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0101’’
in any correspondence.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 38 U.S.C. 1506; 38 CFR 3.277.
Title: Eligibility Verification Reports
(EVRs) VA Forms: 21P–0510, 21P–0510
(Spanish), 21P–0512S–1, 21P–0512S–1
(Spanish), 21P–0513–1, 21P–0513–1
(Spanish), 21P–0514–1, 21P–0514–1
(Spanish), 21P–0516–1, 21P–0516–1
(Spanish), 21P–0517–1, 21P–0517
(Spanish), 21P–0518–1, 21P–0518–1
(Spanish), 21P–0519C–1, 21P–0519C–1
(Spanish), 21P–0519S–1, 21P–0519S–1
(Spanish).
OMB Control Number: 2900–0101.
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Type of Review: Extension of a
currently approved collection.
Abstract: A Claimant’s eligibility for
Pension is determined, in part, by
countable family income and net worth.
Any individual who has applied for, or
receives, VA Pension or Parents’
Dependency and Indemnity
Compensation (DIC) must promptly
notify the VA in writing of any change
in entitlement factors. VBA uses
Eligibility Verification Reports (EVRs) to
receive income and net worth
information from Pension and Parents
DIC claimants and beneficiaries to
evaluate eligibility for benefits. The
reported information can result in
increased or decreased benefits.
Typically, the claimants and
beneficiaries utilize the form to notify
the VA of changes in the income and net
worth, though the forms could be used
to reopen a claim for benefits in limited
circumstances. In an effort to safeguard
Veterans and their beneficiaries from
financial exploitation, the instructions
on forms within this collection were
amended to include information
regarding VA-accredited attorneys or
agents charging fees in connection with
a proceeding before the Department of
Veterans Affairs with respect to a claim.
Affected Public: Individuals and
households.
Estimated Annual Burden: 34,500.
Estimated Average Burden per
Respondent: 30 minutes.
Frequency of Response: One time.
Estimated Number of Respondents:
69,000.
By direction of the Secretary:
Maribel Aponte,
VA PRA Clearance Officer, Office of
Enterprise and Integration/Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2021–07268 Filed 4–8–21; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs
(VA), Veterans Health Administration
(VHA).
ACTION: Notice of a new system of
records.
AGENCY:
The Privacy Act of 1974
requires that all agencies publish in the
Federal Register a notice of the
existence and character of their systems
of records. Notice is hereby given that
the Department of Veterans Affairs (VA)
is establishing a new system of records
entitled, ‘‘Caregiver Support Program—
SUMMARY:
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Caregiver Record Management
Application (CARMA)—VA’’ (197VA10)
formerly included and described in the
‘‘Enrollment and Eligibility RecordsVA’’ (147VA10NF1) last amended in the
Federal Register on July 14, 2016.
DATES: Comments on this new system of
records must be received no later than
May 10, 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 of records will become effective
a minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary.
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 ‘‘Caregiver Support
Program—Caregiver Record
Management Application (CARMA)—
VA’’ (197VA10). 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:
I. Description of Proposed Systems of
Records
Information in this system of records
is used to establish and maintain
records of individuals applying for,
participating in, and those who have
previously applied for or participated in
the Program of Comprehensive
Assistance for Family Caregivers
(PCAFC), as well as individuals
interested in participating, those who
have previously participated in the
Program of General Caregiver Support
Services (PGCSS), and callers to the
Caregiver Support Line (CSL).
Information is maintained in the
Caregiver Record Management
Application (CARMA). CARMA is a
workflow management system that
supports the administration and
oversight of the PCAFC, PGCSS and CSL
to include documentation of the PCAFC
application workflow, tracking of initial
and ongoing eligibility for PCAFC and
PGCSS, ongoing assessment and
monitoring, automation of the PCAFC
stipend payment process, and supports
needs/record of calls to the VA’s CSL.
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This system of records will also be used
for data matching with other VA and
external systems to support initial and
continued eligibility determinations for
services available through PGCSS and
PCAFC. This matching includes
CARMA direct or indirect interface with
multiple systems to provide
comprehensive matching of key data
and resources to include (but not
limited to) the Enrollment System,
Identity Access Management,
Incarceration data/data matching with
state and Federal Agencies (via Veterans
Benefit Administration), My HealtheVet,
VA.Gov, Beneficiary Travel, VHA
Corporate Data Warehouse, VBA
Corporate Warehouse, and other similar
interfaces/matches with systems to
support initial and continued eligibility
determination for services.
Public Law 111–163, the Caregivers
and Veterans Omnibus Health Services
Act of 2010, established 38 U.S.C.
1720G, directed VA to establish a
Program of Comprehensive Assistance
for Family Caregivers of eligible
Veterans, and a Program of General
Caregiver Support Services for
caregivers of Veterans who are enrolled
in the health care system established
under 38 U.S.C. 1705(a) (including
caregivers who do not reside with such
Veterans). These two programs are
collectively referred to as the Caregiver
Support Program (CSP). Caregivers of
Veterans participating in these programs
are eligible to receive certain benefits.
Caregivers of eligible Veterans
participating in the PGCSS are eligible
for Education, Training and Technical
Support to include the use of telehealth,
respite care and counseling. Through
PCAFC, Family Caregivers have access
to these same services and also may
receive enhanced respite care, mental
health care, and travel, lodging, and
subsistence (to attend required caregiver
training and Veteran medical
appointments). In addition, PCAFC
provides designated primary family
caregivers of eligible Veterans with a
monthly stipend payment and access to
health care services through the Civilian
Health and Medical Program of the
Department of Veterans Affairs
(CHAMPVA) for those not entitled to
care of services under a health plan
contract. VA has also established a
Caregiver Support Line based in
Canandaigua, NY to provide resources
and referrals to callers regarding
caregiver supports. Callers to the CSL
include caregivers of Veterans, Veterans,
and those with an interest in supporting
Veterans and caregivers.
VA MISSION Act of 2018 amended 38
U.S.C. 1720G by expanding eligibility
for PCAFC, establishing new benefits for
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designated Primary Family Caregivers of
eligible Veterans, and making other
changes affecting program eligibility
and VA’s evaluation of PCAFC
applications. Section 162 directs VA to
implement an information technology
system that fully supports the Program
and allows for data assessment and
comprehensive monitoring. This
technology system is the Caregiver
Record Management Application,
otherwise known as CARMA.
II. Proposed Routine Use Disclosures of
Data in the System
We are proposing to establish the
following Routine Use disclosures of
information maintained in the system.
1. VA may disclose information from
this system of records relevant to a
claim of a Veteran or beneficiary, such
as the name, address, the basis and
nature of a claim, amount of benefit
payment information, medical
information, and military service and
active duty separation information, at
the request of the claimant to accredited
service organizations, VA-approved
claim agents, and attorneys acting under
a declaration of representation, so that
these individuals can aid claimants in
the preparation, presentation, and
prosecution of claims under the laws
administered by VA. The name and
address of a claimant will not, however,
be disclosed to these individuals under
this routine use if the claimant has not
requested the assistance of an accredited
service organization, claims agent or an
attorney.
VA must be able to disclose this
information to accredited service
organizations, VA-approved claim
agents, and attorneys representing
Veterans so they can assist Veterans by
preparing, presenting, and prosecuting
claims under the laws administered by
VA.
2. VA may disclose any information
in this system, except the names and
home addresses of Veterans and their
dependents, which is relevant to a
suspected or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, to a Federal, state,
local, tribal, or foreign agency charged
with the responsibility of investigating
or prosecuting such violation, or
charged with enforcing or implementing
the statute, regulation, rule or order. VA
may also disclose the names and
addresses of Veterans and their
dependents to a Federal agency charged
with the responsibility of investigating
or prosecuting civil, criminal or
regulatory violations of law, or charged
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with enforcing or implementing the
statute, regulation, rule or order issued
pursuant thereto.
VA must be able to provide
information that pertains to a violation
of laws to law enforcement authorities
in order for them to investigate and
enforce those laws. Under 38 U.S.C.
5701(a) and (f), VA may disclose the
names and addresses of Veterans and
their dependents to Federal entities
with law enforcement responsibilities.
This is distinct from the authority to
disclose records in response to a
qualifying request from a law
enforcement entity, as authorized by
Privacy Act subsection 5 U.S.C.
552a(b)(7).
3. VA may disclose information from
this system of records in the course of
presenting evidence to a court,
magistrate, or administrative tribunal; in
matters of guardianship, inquests, and
commitments; to private attorneys
representing Veterans rated incompetent
in conjunction with issuance of
Certificates of Incompetency; and to
probation and parole officers in
connection with court-required duties.
4. VA may disclose information to a
fiduciary or guardian ad litem in
relation to his or her representation of
a claimant in any legal proceeding, but
only to the extent necessary to fulfill the
duties of the fiduciary or the guardian
ad litem.
This disclosure permits VA to provide
individual information to an appointed
VA Federal fiduciary or to the
individual’s guardian ad litem that is
needed to fulfill appointed duties.
5. VA may disclose any relevant
information from this system of records
to attorneys, insurance companies,
employers, third parties liable or
potentially liable under health plan
contracts, and to courts, boards, or
commissions, but only 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.
VA must be able to furnish
information to attorneys, insurance
companies, employers, and to courts,
boards, or commissions where the
disclosure is necessary to provide aid to
VA in the preparation, presentation, and
prosecution of claims of Veterans and
their beneficiaries.
6. VA may disclose information from
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
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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 DoJ is limited to circumstances
where relevant and necessary to the
litigation.
To determine whether to disclose
records under this routine use, VA will
comply with the guidance promulgated
by the Office of Management and
Budget in a May 24, 1985, memorandum
entitled ‘‘Privacy Act Guidance—
Update,’’ currently posted at https://
www.whitehouse.gove/sites/
whitehouse.gov/files/omb/assets/OMB/
inforeg/guidance1985.pdf.
VA must be able to provide
information to DoJ in litigation where
the United States or any of its
components is involved or has an
interest. A determination would be
made in each instance that under the
circumstances involved, the purpose is
compatible with the purpose for which
VA collected the information. This
routine use is distinct from the authority
to disclose records in response to a
court order under subsection (b)(11) of
the Privacy Act, 5 U.S.C. 552(b)(11), or
any other provision of subsection (b), in
accordance with the court’s analysis in
Doe v. DiGenova, 779 F.2d 74, 78–85
(D.C. Cir. 1985) and Doe v. Stephens,
851 F.2d 1457, 1465–67 (D.C. Cir. 1988).
7. VA may disclose information from
this system to National Archives and
Records Administration (NARA) in
records management inspections
conducted under Title 44 U.S.C.
8. VA may disclose the name of a
Veteran or beneficiary, other
information as is reasonably necessary
to identify such individual, and any
other information concerning the
individual’s indebtedness by virtue of a
person’s participation in any benefits
program administered by VA, may be
disclosed to the Department of Treasury,
Internal Revenue Service, for the
collection of Title 38 benefit
overpayments, overdue indebtedness,
and/or costs of services provided to an
individual not entitled to such services,
by the withholding of al or portion of
the person’s Federal income tax refund.
The purpose of this disclosure is to
collect a debt owed the VA by an
individual by offset of his or her Federal
income tax refund.
9. VA may disclose the name and
address of a Veteran or beneficiary, and
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other information as is reasonably
necessary to identify such individual or
concerning that individual’s
indebtedness to the United States by
virtue of the person’s participation in a
benefits program administered by
Department, to a consumer reporting
agency for the purpose of locating the
individual, obtaining a consumer report
to determine the ability of the
individual to repay an indebtedness to
the United States, or assisting in the
collection of such indebtedness,
provided that the provisions of 38
U.S.C. 57019(g)(2) and (4) have been
met.
The purpose of this information
disclosure to a consumer-reporting
agency is to assist VA in locating an
individual, obtaining a consumer report
to determine his or her ability to repay
indebtedness, and to collect
indebtedness.
10. VA may disclose information from
this system of records to individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to perform such services as
VA may deem practicable for the
purposes of laws administered by VA,
in order for the contractor,
subcontractor, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.
This routine use includes disclosures
by the individual or entity performing
services for VA to any secondary entity
or individual to perform an activity that
is necessary for individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to provide the service to VA.
This routine use, which also applies
to agreements that do not qualify as
contracts defined by Federal
procurement laws and regulations, is
consistent with OMB guidance in OMB
Circular A–130, App. I, paragraph
5a(1)(b) that agencies promulgate
routine uses to address disclosure of
Privacy Act-protected information to
contractors in order to perform the
services contracts for the agency.
11. VA may disclose information from
the record of an individual in response
to an inquiry from the congressional
office made at the request of that
individual.
VA must be able to provide
information about individuals to
adequately respond to inquiries from
Members of Congress at the request of
constituents who have sought their
assistance.
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12. 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.
This routine use permits disclosures
by the Department to report a suspected
incident of identity theft and provide
information and/or documentation
related to or in support of the reported
incident.
13. VA may disclose information from
this system 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 of harm 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, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
14. VA may disclose identifying
information, including social security
number, concerning Veterans, spouses
of Veterans, and the beneficiaries of
Veterans to other Federal agencies for
the purpose of conducting computer
matches to obtain information to
determine or verify eligibility of
Veterans receiving VA medical care
under Title 38 U.S.C.
OPP may disclose limited individual
identification information to another
Federal agency for the purpose of
matching and acquiring information
held by that agency for OPP to use for
the purposes stated for this system of
records.
15. Data breach response and
remedial efforts with another Federal
agency: 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.
III. Compatibility of the Proposed
Routine Uses
The Privacy Act permits VA to
disclose information about individuals
without their consent for a routine use
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when the information will be used for
a purpose that is compatible with the
purpose for which VA collected the
information. In all of the routine use
disclosures described above, either the
recipient of the information will use the
information in connection with a matter
relating to one of VA’s programs, to
provide a benefit to VA, or to disclose
information as required by law.
Under section 264, Subtitle F of Title
II of the Health Insurance Portability
and Accountability Act of 1996 (HIPAA)
Public Law 104–191, 110 Stat. 1936,
2033–34 (1996), the United States
Department of Health and Human
Services (HHS) published a final rule, as
amended, establishing Standards for
Privacy of Individually-Identifiable
health Information, 45 CFR parts 160
and 164. VHA may not disclose
individually identifiable health
information (as defined in HIPAA and
the Privacy Rule, 42 U.S.C. 1320(d)(6)
and 45 CFR 164.501) pursuant to a
routine use unless either: (a) The
disclosure is required by law, or (b) the
disclosure is also permitted or required
by HHS’ Privacy Rule. The disclosures
of individually-identifiable health
information contemplated in the routine
uses published in this new system of
records notice are permitted under the
Privacy Rule or required by law.
However, to also have authority to make
such disclosures under the Privacy Act,
VA must publish these routine uses.
Consequently, VA is publishing these
routine uses to the routine uses portion
of the system of records notice stating
that any disclosure pursuant to the
routine uses in this system of records
notice must be either required by law or
permitted by the Privacy Rule, before
VHA may disclose the covered
information.
The notice of intent to publish and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director, Office of Management and
Budget, 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. Dominic A. Cussatt,
Acting Assistant Secretary of
Information and Technology and Chief
Information Officer, approved this
document on March 2, 2021 for
publication.
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Dated: April 6, 2021.
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:
‘‘Caregiver Support Program—
Caregiver Record Management
Application (CARMA)—VA’’ (197VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Caregiver Record Management
Application (CARMA) system is hosted
in the Salesforce Gov Cloud. The
Salesforce’s corporate address is 1
Market Street #300, San Francisco, CA
94105.
SYSTEM MANAGER(S):
Official responsible for policies and
procedures: Deputy Chief Officer Patient
Care Services Officer (10P4C), 810
Vermont Avenue NW, Washington, DC
20420. Telephone number (202) 461–
1635 (Note: This is not a toll-free
number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
MISSION Act of 2018 and Improper
Payments Elimination and Recovery Act
(IPERIA).
PURPOSE(S) OF THE SYSTEM:
Information in this system of records
is used to administer, monitor and track
services delivered through VA’s
Caregiver Support Program including
documentation of calls to the Caregiver
Support Line. The CARMA workflow
management system is being used for
Social Security number matching and
other data field requirements. In
addition, information in this system of
records is used to respond to
Congressional and/or internal and
external stakeholders on the
performance of the VA Caregiver
Support Program.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records include Veterans and
caregivers inquiring about, applying for,
participating in and those who have
previously applied for or participated in
the Program of Comprehensive
Assistance for Family Caregivers
(PCAFC) or the Program of General
Caregiver Support Services (PGCSS)
established by the Caregivers and
Veterans Omnibus Health Services Act
of 2010, Public Law 111–163, as well as
individuals who contact VA’s Caregiver
Support Line, Veterans, their spouses
and dependents as provided for in other
provisions of title 38 U.S.C.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Information entered into the Caregiver
Support Program web-based application
includes, but is not limited to: The
Veteran and caregiver(s) name, Social
Security number, gender, age, date of
birth, address, phone number, and email
address; VA eligibility related
information, such as service connection,
DD 214, ‘‘Certification of Release or
Discharge from Active Duty’’, Line of
Duty documentation, stipend payment
information; written correspondence;
VA Form 10–10CG, ‘‘Application for
Comprehensive Assistance for Family
Caregiver Program’’; and
correspondence with Caregiver Support
Line, including referral information and
VA staff remarks. The Caregiver Support
Program uses data stored in CARMA
which includes, but is not limited to:
Social Security number, eligibility,
correspondence, documented and
captured telephone calls with Veterans,
Caregivers, and the general public.
RECORD SOURCE CATEGORIES:
Information in the systems of records
may be provided by the applicant;
applicant’s spouse or other family
members or accredited representatives
or friends; Veterans, caregivers, and
other interested parties seeking or
receiving information or services about
VA’s Caregiver Support Program,
including the Caregiver Support Line,
VA systems including but not limited to
Veterans Health Information System and
Technology Architecture (VistA), Master
Person Index, VHA Corporate Data
Warehouse, Enrollment System, VBA,
and other state and Federal agencies.
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 from
this system of records relevant to a
claim of a Veteran or beneficiary, such
as the name, address, the basis and
nature of a claim, amount of benefit
payment information, medical
information, and military service and
active duty separation information, at
the request of the claimant to accredited
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Jkt 253001
service organizations, VA-approved
claim agents, and attorneys acting under
a declaration of representation, so that
these individuals can aid claimants in
the preparation, presentation, and
prosecution of claims under the laws
administered by VA. The name and
address of a claimant will not, however,
be disclosed to these individuals under
this routine use if the claimant has not
requested the assistance of an accredited
service organization, claims agent or an
attorney.
2. VA may disclose any information
in this system, except the names and
home addresses of Veterans and their
dependents, which is relevant to a
suspected or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, to a Federal, state,
local, tribal, or foreign agency charged
with the responsibility of investigating
or prosecuting such violation, or
charged with enforcing or implementing
the statute, regulation, rule or order. VA
may also disclose the names and
addresses of Veterans and their
dependents to a Federal agency charged
with the responsibility of investigating
or prosecuting civil, criminal or
regulatory violations of law, or charged
with enforcing or implementing the
statute, regulation, rule or order issued
pursuant thereto.
3. VA may disclose information from
this system of records in the course of
presenting evidence to a court,
magistrate, or administrative tribunal; in
matters of guardianship, inquests, and
commitments; to private attorneys
representing Veterans rated incompetent
in conjunction with issuance of
Certificates of Incompetency; and to
probation and parole officers in
connection with court-required duties.
4. VA may disclose information to a
fiduciary or guardian ad litem in
relation to his or her representation of
a claimant in any legal proceeding, but
only to the extent necessary to fulfill the
duties of the fiduciary or the guardian
ad litem.
5. Attorneys, Insurers, Employers: VA
may disclose any relevant information
from this system of records to attorneys,
insurance companies, employers, third
parties liable or potentially liable under
health plan contracts, and to courts,
boards, or commissions, but only 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.
6. VA may disclose information from
this system of records to the Department
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
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 DoJ is limited to circumstances
where relevant and necessary to the
litigation.
To determine whether to disclose
records under this routine use, VA will
comply with the guidance promulgated
by the Office of Management and
Budget in a May 24, 1985, memorandum
entitled ‘‘Privacy Act Guidance—
Update,’’ currently posted at https://
www.whitehouse.gove/sites/
whitehouse.gov/files/omb/assets/OMB/
inforeg/guidance1985.pdf.
7. VA may disclose information from
this system to NARA in records
management inspections conducted
under Title 44 U.S.C.
8. VA may disclose the name of a
Veteran or beneficiary, other
information as is reasonably necessary
to identify such individual, and any
other information concerning the
individual’s indebtedness by virtue of a
person’s participation in a benefits
program administered by VA, may be
disclosed to the Department of Treasury,
Internal Revenue Service, for the
collection of Title 38 benefit
overpayments, overdue indebtedness,
and/or costs of services provided to an
individual not entitled to such services,
by the withholding of al or portion of
the person’s Federal income tax refund.
9. VA may disclose the name and
address of a Veteran or beneficiary, and
other information as is reasonably
necessary to identify such individual or
concerning that individual’s
indebtedness to the United States by
virtue of the person’s participation in a
benefits program administered by
Department, to a consumer reporting
agency for the purpose of locating the
individual, obtaining a consumer report
to determine the ability of the
individual to repay an indebtedness to
the United States, or assisting in the
collection of such indebtedness,
provided that the provisions of 38
U.S.C. 57019(g)(2) and (4) have been
met.
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10. VA may disclose information from
this system of records to individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to perform such services as
VA may deem practicable for the
purposes of laws administered by VA,
in order for the contractor,
subcontractor, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.
This routine use includes disclosures
by the individual or entity performing
services for VA to any secondary entity
or individual to perform an activity that
is necessary for individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to provide the service to VA.
11. VA may disclose information from
the record of an individual in response
to an inquiry from the congressional
office made at the request of that
individual.
12. 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.
13. VA may disclose information from
this system 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 of harm 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, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
14. VA may disclose identifying
information, including social security
number, concerning Veterans, spouses
of Veterans, and the beneficiaries of
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17:45 Apr 08, 2021
Jkt 253001
18593
Veterans to other Federal agencies for
the purpose of conducting computer
matches to obtain information to
determine or verify eligibility of
Veterans receiving VA medical care
under Title 38 U.S.C.
15. 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.
2. Access to electronic records is
deactivated when no longer required for
official duties. Recurring monitors are in
place to ensure compliance with
nationally and locally established
security measures.
3. Strict control measures are enforced
to ensure that access to and disclosure
from all records are limited to VA and
the contractor’s employees whose
official duties warrant access to those
files.
4. Access to CARMA is restricted and
requires approval prior to access.
Restricted access will be provided to
enable workflow management to
administer, monitor and track services
delivered through VA’s Caregiver
Support Program including, but not
limited to, documentation of calls to the
Caregiver Support Line.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
RECORD ACCESS PROCEDURE:
The CARMA system is hosted in the
Salesforce Gov Cloud. The production
environment (including application
data) is backed up weekly to the VA’s
Amazon Cloud (AWS).
POLICIES AND PRACTICES FOR RETRIEVABILITY
OF RECORDS:
Records are retrieved by name, and/or
Social Security number, internal control
number (ICN), correspondence tracking
number, internal record number, facility
number, or other assigned identifiers of
the individuals on whom they are
maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
CARMA records are currently
unscheduled and should not be
destroyed.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE
SAFEGUARDS:
1. On an annual basis, employees are
required to sign a computer access
agreement acknowledging their
understanding of confidentiality
requirements. In addition, all employees
receive annual privacy awareness and
information security training.
PO 00000
Frm 00100
Fmt 4703
Sfmt 9990
Individuals seeking information
regarding access to and contesting of
CARMA records should submit a
written request in person to the nearest
VA facility.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
NOTIFICATION PROCEDURE:
Any 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 nearest VA. All
inquiries must reasonably identify the
records requested. Inquiries should
include the individual’s full name,
Social Security number, military service
number, claim folder number, and
return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021–07310 Filed 4–8–21; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18588-18593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07310]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Health
Administration (VHA).
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: The Privacy Act of 1974 requires that all agencies publish in
the Federal Register a notice of the existence and character of their
systems of records. Notice is hereby given that the Department of
Veterans Affairs (VA) is establishing a new system of records entitled,
``Caregiver Support Program--
[[Page 18589]]
Caregiver Record Management Application (CARMA)--VA'' (197VA10)
formerly included and described in the ``Enrollment and Eligibility
Records-VA'' (147VA10NF1) last amended in the Federal Register on July
14, 2016.
DATES: Comments on this new system of records must be received no later
than May 10, 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 of records will become effective a
minimum of 30 days after date of publication in the Federal Register.
If VA receives public comments, VA shall review the comments to
determine whether any changes to the notice are necessary.
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 ``Caregiver Support Program--Caregiver Record Management
Application (CARMA)--VA'' (197VA10). 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:
I. Description of Proposed Systems of Records
Information in this system of records is used to establish and
maintain records of individuals applying for, participating in, and
those who have previously applied for or participated in the Program of
Comprehensive Assistance for Family Caregivers (PCAFC), as well as
individuals interested in participating, those who have previously
participated in the Program of General Caregiver Support Services
(PGCSS), and callers to the Caregiver Support Line (CSL). Information
is maintained in the Caregiver Record Management Application (CARMA).
CARMA is a workflow management system that supports the administration
and oversight of the PCAFC, PGCSS and CSL to include documentation of
the PCAFC application workflow, tracking of initial and ongoing
eligibility for PCAFC and PGCSS, ongoing assessment and monitoring,
automation of the PCAFC stipend payment process, and supports needs/
record of calls to the VA's CSL. This system of records will also be
used for data matching with other VA and external systems to support
initial and continued eligibility determinations for services available
through PGCSS and PCAFC. This matching includes CARMA direct or
indirect interface with multiple systems to provide comprehensive
matching of key data and resources to include (but not limited to) the
Enrollment System, Identity Access Management, Incarceration data/data
matching with state and Federal Agencies (via Veterans Benefit
Administration), My HealtheVet, VA.Gov, Beneficiary Travel, VHA
Corporate Data Warehouse, VBA Corporate Warehouse, and other similar
interfaces/matches with systems to support initial and continued
eligibility determination for services.
Public Law 111-163, the Caregivers and Veterans Omnibus Health
Services Act of 2010, established 38 U.S.C. 1720G, directed VA to
establish a Program of Comprehensive Assistance for Family Caregivers
of eligible Veterans, and a Program of General Caregiver Support
Services for caregivers of Veterans who are enrolled in the health care
system established under 38 U.S.C. 1705(a) (including caregivers who do
not reside with such Veterans). These two programs are collectively
referred to as the Caregiver Support Program (CSP). Caregivers of
Veterans participating in these programs are eligible to receive
certain benefits. Caregivers of eligible Veterans participating in the
PGCSS are eligible for Education, Training and Technical Support to
include the use of telehealth, respite care and counseling. Through
PCAFC, Family Caregivers have access to these same services and also
may receive enhanced respite care, mental health care, and travel,
lodging, and subsistence (to attend required caregiver training and
Veteran medical appointments). In addition, PCAFC provides designated
primary family caregivers of eligible Veterans with a monthly stipend
payment and access to health care services through the Civilian Health
and Medical Program of the Department of Veterans Affairs (CHAMPVA) for
those not entitled to care of services under a health plan contract. VA
has also established a Caregiver Support Line based in Canandaigua, NY
to provide resources and referrals to callers regarding caregiver
supports. Callers to the CSL include caregivers of Veterans, Veterans,
and those with an interest in supporting Veterans and caregivers.
VA MISSION Act of 2018 amended 38 U.S.C. 1720G by expanding
eligibility for PCAFC, establishing new benefits for designated Primary
Family Caregivers of eligible Veterans, and making other changes
affecting program eligibility and VA's evaluation of PCAFC
applications. Section 162 directs VA to implement an information
technology system that fully supports the Program and allows for data
assessment and comprehensive monitoring. This technology system is the
Caregiver Record Management Application, otherwise known as CARMA.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following Routine Use disclosures
of information maintained in the system.
1. VA may disclose information from this system of records relevant
to a claim of a Veteran or beneficiary, such as the name, address, the
basis and nature of a claim, amount of benefit payment information,
medical information, and military service and active duty separation
information, at the request of the claimant to accredited service
organizations, VA-approved claim agents, and attorneys acting under a
declaration of representation, so that these individuals can aid
claimants in the preparation, presentation, and prosecution of claims
under the laws administered by VA. The name and address of a claimant
will not, however, be disclosed to these individuals under this routine
use if the claimant has not requested the assistance of an accredited
service organization, claims agent or an attorney.
VA must be able to disclose this information to accredited service
organizations, VA-approved claim agents, and attorneys representing
Veterans so they can assist Veterans by preparing, presenting, and
prosecuting claims under the laws administered by VA.
2. VA may disclose any information in this system, except the names
and home addresses of Veterans and their dependents, which is relevant
to a suspected or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, to a Federal, state, local, tribal, or foreign agency charged
with the responsibility of investigating or prosecuting such violation,
or charged with enforcing or implementing the statute, regulation, rule
or order. VA may also disclose the names and addresses of Veterans and
their dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged
[[Page 18590]]
with enforcing or implementing the statute, regulation, rule or order
issued pursuant thereto.
VA must be able to provide information that pertains to a violation
of laws to law enforcement authorities in order for them to investigate
and enforce those laws. Under 38 U.S.C. 5701(a) and (f), VA may
disclose the names and addresses of Veterans and their dependents to
Federal entities with law enforcement responsibilities. This is
distinct from the authority to disclose records in response to a
qualifying request from a law enforcement entity, as authorized by
Privacy Act subsection 5 U.S.C. 552a(b)(7).
3. VA may disclose information from this system of records in the
course of presenting evidence to a court, magistrate, or administrative
tribunal; in matters of guardianship, inquests, and commitments; to
private attorneys representing Veterans rated incompetent in
conjunction with issuance of Certificates of Incompetency; and to
probation and parole officers in connection with court-required duties.
4. VA may disclose information to a fiduciary or guardian ad litem
in relation to his or her representation of a claimant in any legal
proceeding, but only to the extent necessary to fulfill the duties of
the fiduciary or the guardian ad litem.
This disclosure permits VA to provide individual information to an
appointed VA Federal fiduciary or to the individual's guardian ad litem
that is needed to fulfill appointed duties.
5. VA may disclose any relevant information from this system of
records to attorneys, insurance companies, employers, third parties
liable or potentially liable under health plan contracts, and to
courts, boards, or commissions, but only 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.
VA must be able to furnish information to attorneys, insurance
companies, employers, and to courts, boards, or commissions where the
disclosure is necessary to provide aid to VA in the preparation,
presentation, and prosecution of claims of Veterans and their
beneficiaries.
6. VA may disclose information from 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 DoJ is limited to circumstances
where relevant and necessary to the litigation.
To determine whether to disclose records under this routine use, VA
will comply with the guidance promulgated by the Office of Management
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act
Guidance--Update,'' currently posted at https://www.whitehouse.gove/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/guidance1985.pdf.
VA must be able to provide information to DoJ in litigation where
the United States or any of its components is involved or has an
interest. A determination would be made in each instance that under the
circumstances involved, the purpose is compatible with the purpose for
which VA collected the information. This routine use is distinct from
the authority to disclose records in response to a court order under
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any
other provision of subsection (b), in accordance with the court's
analysis in Doe v. DiGenova, 779 F.2d 74, 78-85 (D.C. Cir. 1985) and
Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).
7. VA may disclose information from this system to National
Archives and Records Administration (NARA) in records management
inspections conducted under Title 44 U.S.C.
8. VA may disclose the name of a Veteran or beneficiary, other
information as is reasonably necessary to identify such individual, and
any other information concerning the individual's indebtedness by
virtue of a person's participation in any benefits program administered
by VA, may be disclosed to the Department of Treasury, Internal Revenue
Service, for the collection of Title 38 benefit overpayments, overdue
indebtedness, and/or costs of services provided to an individual not
entitled to such services, by the withholding of al or portion of the
person's Federal income tax refund. The purpose of this disclosure is
to collect a debt owed the VA by an individual by offset of his or her
Federal income tax refund.
9. VA may disclose the name and address of a Veteran or
beneficiary, and other information as is reasonably necessary to
identify such individual or concerning that individual's indebtedness
to the United States by virtue of the person's participation in a
benefits program administered by Department, to a consumer reporting
agency for the purpose of locating the individual, obtaining a consumer
report to determine the ability of the individual to repay an
indebtedness to the United States, or assisting in the collection of
such indebtedness, provided that the provisions of 38 U.S.C.
57019(g)(2) and (4) have been met.
The purpose of this information disclosure to a consumer-reporting
agency is to assist VA in locating an individual, obtaining a consumer
report to determine his or her ability to repay indebtedness, and to
collect indebtedness.
10. VA may disclose information from this system of records to
individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individual with whom VA
has a contract or agreement to perform services under the contract or
agreement.
This routine use includes disclosures by the individual or entity
performing services for VA to any secondary entity or individual to
perform an activity that is necessary for individuals, organizations,
private or public agencies, or other entities or individuals with whom
VA has a contract or agreement to provide the service to VA.
This routine use, which also applies to agreements that do not
qualify as contracts defined by Federal procurement laws and
regulations, is consistent with OMB guidance in OMB Circular A-130,
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to
address disclosure of Privacy Act-protected information to contractors
in order to perform the services contracts for the agency.
11. VA may disclose information from the record of an individual in
response to an inquiry from the congressional office made at the
request of that individual.
VA must be able to provide information about individuals to
adequately respond to inquiries from Members of Congress at the request
of constituents who have sought their assistance.
[[Page 18591]]
12. 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.
This routine use permits disclosures by the Department to report a
suspected incident of identity theft and provide information and/or
documentation related to or in support of the reported incident.
13. VA may disclose information from this system 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 of harm 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, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
14. VA may disclose identifying information, including social
security number, concerning Veterans, spouses of Veterans, and the
beneficiaries of Veterans to other Federal agencies for the purpose of
conducting computer matches to obtain information to determine or
verify eligibility of Veterans receiving VA medical care under Title 38
U.S.C.
OPP may disclose limited individual identification information to
another Federal agency for the purpose of matching and acquiring
information held by that agency for OPP to use for the purposes stated
for this system of records.
15. Data breach response and remedial efforts with another Federal
agency: 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.
III. Compatibility of the Proposed Routine Uses
The Privacy Act permits VA to disclose information about
individuals without their consent for a routine use when the
information will be used for a purpose that is compatible with the
purpose for which VA collected the information. In all of the routine
use disclosures described above, either the recipient of the
information will use the information in connection with a matter
relating to one of VA's programs, to provide a benefit to VA, or to
disclose information as required by law.
Under section 264, Subtitle F of Title II of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) Public Law 104-191,
110 Stat. 1936, 2033-34 (1996), the United States Department of Health
and Human Services (HHS) published a final rule, as amended,
establishing Standards for Privacy of Individually-Identifiable health
Information, 45 CFR parts 160 and 164. VHA may not disclose
individually identifiable health information (as defined in HIPAA and
the Privacy Rule, 42 U.S.C. 1320(d)(6) and 45 CFR 164.501) pursuant to
a routine use unless either: (a) The disclosure is required by law, or
(b) the disclosure is also permitted or required by HHS' Privacy Rule.
The disclosures of individually-identifiable health information
contemplated in the routine uses published in this new system of
records notice are permitted under the Privacy Rule or required by law.
However, to also have authority to make such disclosures under the
Privacy Act, VA must publish these routine uses. Consequently, VA is
publishing these routine uses to the routine uses portion of the system
of records notice stating that any disclosure pursuant to the routine
uses in this system of records notice must be either required by law or
permitted by the Privacy Rule, before VHA may disclose the covered
information.
The notice of intent to publish and an advance copy of the system
notice have been sent to the appropriate Congressional committees and
to the Director, Office of Management and Budget, 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. Dominic A.
Cussatt, Acting Assistant Secretary of Information and Technology and
Chief Information Officer, approved this document on March 2, 2021 for
publication.
Dated: April 6, 2021.
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:
``Caregiver Support Program--Caregiver Record Management
Application (CARMA)--VA'' (197VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Caregiver Record Management Application (CARMA) system is
hosted in the Salesforce Gov Cloud. The Salesforce's corporate address
is 1 Market Street #300, San Francisco, CA 94105.
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Deputy Chief
Officer Patient Care Services Officer (10P4C), 810 Vermont Avenue NW,
Washington, DC 20420. Telephone number (202) 461-1635 (Note: This is
not a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
MISSION Act of 2018 and Improper Payments Elimination and Recovery
Act (IPERIA).
PURPOSE(S) OF THE SYSTEM:
Information in this system of records is used to administer,
monitor and track services delivered through VA's Caregiver Support
Program including documentation of calls to the Caregiver Support Line.
The CARMA workflow management system is being used for Social Security
number matching and other data field requirements. In addition,
information in this system of records is used to respond to
Congressional and/or internal and external stakeholders on the
performance of the VA Caregiver Support Program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include Veterans and caregivers inquiring about,
applying for, participating in and those who have previously applied
for or participated in the Program of Comprehensive Assistance for
Family Caregivers (PCAFC) or the Program of General Caregiver Support
Services (PGCSS) established by the Caregivers and Veterans Omnibus
Health Services Act of 2010, Public Law 111-163, as well as individuals
who contact VA's Caregiver Support Line, Veterans, their spouses and
dependents as provided for in other provisions of title 38 U.S.C.
[[Page 18592]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Information entered into the Caregiver Support Program web-based
application includes, but is not limited to: The Veteran and
caregiver(s) name, Social Security number, gender, age, date of birth,
address, phone number, and email address; VA eligibility related
information, such as service connection, DD 214, ``Certification of
Release or Discharge from Active Duty'', Line of Duty documentation,
stipend payment information; written correspondence; VA Form 10-10CG,
``Application for Comprehensive Assistance for Family Caregiver
Program''; and correspondence with Caregiver Support Line, including
referral information and VA staff remarks. The Caregiver Support
Program uses data stored in CARMA which includes, but is not limited
to: Social Security number, eligibility, correspondence, documented and
captured telephone calls with Veterans, Caregivers, and the general
public.
RECORD SOURCE CATEGORIES:
Information in the systems of records may be provided by the
applicant; applicant's spouse or other family members or accredited
representatives or friends; Veterans, caregivers, and other interested
parties seeking or receiving information or services about VA's
Caregiver Support Program, including the Caregiver Support Line, VA
systems including but not limited to Veterans Health Information System
and Technology Architecture (VistA), Master Person Index, VHA Corporate
Data Warehouse, Enrollment System, VBA, and other state and Federal
agencies.
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 from this system of records relevant
to a claim of a Veteran or beneficiary, such as the name, address, the
basis and nature of a claim, amount of benefit payment information,
medical information, and military service and active duty separation
information, at the request of the claimant to accredited service
organizations, VA-approved claim agents, and attorneys acting under a
declaration of representation, so that these individuals can aid
claimants in the preparation, presentation, and prosecution of claims
under the laws administered by VA. The name and address of a claimant
will not, however, be disclosed to these individuals under this routine
use if the claimant has not requested the assistance of an accredited
service organization, claims agent or an attorney.
2. VA may disclose any information in this system, except the names
and home addresses of Veterans and their dependents, which is relevant
to a suspected or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, to a Federal, state, local, tribal, or foreign agency charged
with the responsibility of investigating or prosecuting such violation,
or charged with enforcing or implementing the statute, regulation, rule
or order. VA may also disclose the names and addresses of Veterans and
their dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
3. VA may disclose information from this system of records in the
course of presenting evidence to a court, magistrate, or administrative
tribunal; in matters of guardianship, inquests, and commitments; to
private attorneys representing Veterans rated incompetent in
conjunction with issuance of Certificates of Incompetency; and to
probation and parole officers in connection with court-required duties.
4. VA may disclose information to a fiduciary or guardian ad litem
in relation to his or her representation of a claimant in any legal
proceeding, but only to the extent necessary to fulfill the duties of
the fiduciary or the guardian ad litem.
5. Attorneys, Insurers, Employers: VA may disclose any relevant
information from this system of records to attorneys, insurance
companies, employers, third parties liable or potentially liable under
health plan contracts, and to courts, boards, or commissions, but only
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.
6. VA may disclose information from 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 DoJ is limited to circumstances
where relevant and necessary to the litigation.
To determine whether to disclose records under this routine use, VA
will comply with the guidance promulgated by the Office of Management
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act
Guidance--Update,'' currently posted at https://www.whitehouse.gove/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/guidance1985.pdf.
7. VA may disclose information from this system to NARA in records
management inspections conducted under Title 44 U.S.C.
8. VA may disclose the name of a Veteran or beneficiary, other
information as is reasonably necessary to identify such individual, and
any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered
by VA, may be disclosed to the Department of Treasury, Internal Revenue
Service, for the collection of Title 38 benefit overpayments, overdue
indebtedness, and/or costs of services provided to an individual not
entitled to such services, by the withholding of al or portion of the
person's Federal income tax refund.
9. VA may disclose the name and address of a Veteran or
beneficiary, and other information as is reasonably necessary to
identify such individual or concerning that individual's indebtedness
to the United States by virtue of the person's participation in a
benefits program administered by Department, to a consumer reporting
agency for the purpose of locating the individual, obtaining a consumer
report to determine the ability of the individual to repay an
indebtedness to the United States, or assisting in the collection of
such indebtedness, provided that the provisions of 38 U.S.C.
57019(g)(2) and (4) have been met.
[[Page 18593]]
10. VA may disclose information from this system of records to
individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individual with whom VA
has a contract or agreement to perform services under the contract or
agreement.
This routine use includes disclosures by the individual or entity
performing services for VA to any secondary entity or individual to
perform an activity that is necessary for individuals, organizations,
private or public agencies, or other entities or individuals with whom
VA has a contract or agreement to provide the service to VA.
11. VA may disclose information from the record of an individual in
response to an inquiry from the congressional office made at the
request of that individual.
12. 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.
13. VA may disclose information from this system 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 of harm 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, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
14. VA may disclose identifying information, including social
security number, concerning Veterans, spouses of Veterans, and the
beneficiaries of Veterans to other Federal agencies for the purpose of
conducting computer matches to obtain information to determine or
verify eligibility of Veterans receiving VA medical care under Title 38
U.S.C.
15. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The CARMA system is hosted in the Salesforce Gov Cloud. The
production environment (including application data) is backed up weekly
to the VA's Amazon Cloud (AWS).
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records are retrieved by name, and/or Social Security number,
internal control number (ICN), correspondence tracking number, internal
record number, facility number, or other assigned identifiers of the
individuals on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
CARMA records are currently unscheduled and should not be
destroyed.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
1. On an annual basis, employees are required to sign a computer
access agreement acknowledging their understanding of confidentiality
requirements. In addition, all employees receive annual privacy
awareness and information security training.
2. Access to electronic records is deactivated when no longer
required for official duties. Recurring monitors are in place to ensure
compliance with nationally and locally established security measures.
3. Strict control measures are enforced to ensure that access to
and disclosure from all records are limited to VA and the contractor's
employees whose official duties warrant access to those files.
4. Access to CARMA is restricted and requires approval prior to
access. Restricted access will be provided to enable workflow
management to administer, monitor and track services delivered through
VA's Caregiver Support Program including, but not limited to,
documentation of calls to the Caregiver Support Line.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and contesting
of CARMA records should submit a written request in person to the
nearest VA facility.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURE:
Any 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 nearest VA. All
inquiries must reasonably identify the records requested. Inquiries
should include the individual's full name, Social Security number,
military service number, claim folder number, and return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-07310 Filed 4-8-21; 8:45 am]
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