Privacy Act of 1974; System of Records, 72688-72692 [2021-27720]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72688-72692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27720]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Veterans Health Administration (VHA), Department of Veterans 
Affairs (VA).

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is modifying the system of 
records entitled ``VHA Corporate Data Warehouses-VA'' (172VA10A7) as 
set forth in the Federal Register. VA is modifying the system of 
records by revising the System Number; System Manager; Purposes of the 
System; Categories of Records in the System; Record Source Categories; 
Policies and Practices for Storage of Records; Physical, Procedural and 
Administrative Safeguards; Record Access Procedure; Notification 
Procedure; and Appendix. VA is republishing the system notice in its 
entirety.

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by VA, the 
modified 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 ``VHA Corporate Data Warehouses-VA'' (172VA10A7). 
Comments received will be available at regulations.gov for public 
viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Privacy 
Officer,

[[Page 72689]]

Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420; telephone number (704) 245-2492 (Note: not a toll-free number); 
[email protected].

SUPPLEMENTARY INFORMATION: The System Number is being updated from 
172VA10A7 to 172VA10 to reflect the current VHA organizational routing 
symbol.
    The System Manager is being modified to change Assistant Deputy 
Under Secretary for Health Informatics to the Chief Health Informatics 
Officer.
    Record Access Procedure and Notification Procedure are being 
modified to change 10A7 to 105HIG.
    The Purpose of the System is being modified to include, the system 
may perform calculations and derive data using machine learning, 
natural language processing, and other artificial intelligence tools to 
create additional data that is validated, stored, and then made 
available to system users for the other purposes described within this 
section.
    Categories of Records in the System is being modified to change 
Virtual Lifetime Electronic Record (VLER)-VA (168VA10P2) to Health 
Information Exchange--VA (168VA005). Number 13 is being added to 
include personal medical device data, e.g. glucometers and step 
counters. Being added is Number 14, Data derived from the above via 
calculations, machine learning, automated natural language processing, 
and other artificial intelligence tools, and in addition, may include 
manually entered data confirming derived data results.
    The Record Source Categories is being modified to add VA electronic 
health record system and State Agencies. In addition, an example of a 
Federal Agency in the form of the Centers for Disease Control (CDC) and 
the following VA systems of records, namely, Patient Medical Records--
VA (24VA10A7); Patient National Databases--VA (121VA10A7) and from 
Health Information Exchange--VA (168VA005); and Revenue Program Billing 
and Collection Records--VA (114VA10).
    Policies and Practices for Storage of Records is being modified to 
include Austin Information Technology Center and the VA Enterprise 
Cloud.
    Physical, Procedural and Administrative Safeguards is being 
modified to include Number 6, VA Enterprise Cloud data storage conforms 
to security protocols as stipulated in VA Directives 6500 and 6517. 
Access control standards are stipulated in specific agreements with 
cloud vendors to restrict and monitor access.
    VA Appendix A is being modified to include VA Enterprise Cloud, 
Microsoft Azure Data Lake and VA Common Operating Picture, Palantir 
Foundry, both are located at participating servers in the United 
States.
    The Report of Intent to Modify 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 the Privacy Act of 1974 and 
guidelines issued by OMB, 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. Neil C. 
Evans, M.D., Chief Officer, Connected Care, Performing the Delegable 
Duties of the Assistant Secretary for Information and Technology and 
Chief Information Officer, approved this document on November 15, 2021 
for publication.

     Dated: December 17, 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:
    ``VHA Corporate Data Warehouses--VA'' (172VA10).

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Officials responsible for policies and procedures: Charles Hume, 
Chief Health Informatics Officer (105), Department of Veterans Affairs, 
810 Vermont Avenue NW, Washington, DC 20420. Telephone number (202) 
461-5834 (Note: Not a toll-free number); [email protected].
    Officials maintaining this system of records: John Quinn, Director, 
National Data Systems (105HIG), Austin Information Technology Center, 
1615 Woodward Street, Austin, TX 78772. Telephone number (512) 326-6188 
(Note: Not a toll-free number); [email protected].

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

PURPOSE(S) OF THE SYSTEM:
    The records and information may be used for clinical decision 
support, mobile applications presenting patient data, statistical 
analysis to produce various management, workload tracking, and follow-
up reports; to track and evaluate the ordering and delivery of 
equipment, services and patient care; for the planning, distribution 
and utilization of resources; to monitor the performance of Veterans 
Integrated Service Networks (VISNs); and to allocate clinical and 
administrative support to patient medical care. The data may be used 
for VA's extensive research programs in accordance with VA policy and 
to monitor for bio-terrorist activity. In addition, the data may be 
used to assist in workload allocation for patient treatment services 
including provider panel management, nursing care, clinic appointments, 
surgery, diagnostic and therapeutic procedures; to plan and schedule 
training activities for employees; for audits, reviews and 
investigations conducted by the Network Directors Office and VA Central 
Office; for quality assurance audits, reviews and investigations; for 
law enforcement investigations; for reporting purposes for Veterans 
Authorizations and Preferences and other Veterans Health Information 
Exchange (VHIE) reporting needs; and for health care operations and for 
personnel management, evaluation and employee ratings, and performance 
evaluations. The system may perform calculations and derive data using 
machine learning, natural language processing, and other artificial 
intelligence tools to create additional data that is validated, stored, 
and then made available to system users for the other purposes 
described within this section.

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

[[Page 72690]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records may include information related to:
    1. Patient health record detailed information, including 
information from Patient Medical Records--VA (24VA10A7) and Patient 
National Databases--VA (121VA10A7) and from Health Information 
Exchange--VA (168VA005).
    2. The record may include identifying information (e.g., name, 
birth date, death date, admission date, discharge date, gender, Social 
Security number, taxpayer identification number); address information 
(e.g., home and/or mailing address, home telephone number, emergency 
contact information such as name, address, telephone number, and 
relationship); prosthetic and sensory aid serial numbers; health record 
numbers; integration control numbers; information related to medical 
examination or treatment (e.g., location of VA medical facility 
providing examination or treatment, treatment dates, medical conditions 
treated or noted on examination); information related to military 
service and status;
    3. Patient health insurance information, including information from 
Revenue Program Billing and Collection Records--VA (114VA10);
    4. Medical benefit and eligibility information, including 
information from Revenue Program Billing and Collection Records--VA 
(114VA10);
    5. Patient aggregate workload data such as admissions, discharges, 
and outpatient visits; resource utilization such as laboratory tests, 
x-rays, pharmaceuticals, prosthetics and sensory aids; employee 
workload and productivity data;
    6. Information on services or products needed in the provision of 
medical care (i.e., pacemakers, prosthetics, dental implants, hearing 
aids, etc.); data collected may include vendor name and address, 
details about and/or evaluation of service or product, price/fee, dates 
purchased and delivered;
    7. Health care practitioners' name, identification number and other 
demographic information related to position;
    8. Employees salary and benefit information;
    9. Financial Information from the Financial Management System;
    10. Human resource information including employee grade, salary, 
and tour of duty;
    11. Compensation and pension determinations, Veteran eligibility, 
and other information associated administering Veteran benefits by the 
Veterans Benefit Administration;
    12. Data from other Federal agencies;
    13. Patient self-entered data (online forms, personal medical 
device data, e.g., data from glucometers and step counters);
    14. Data derived from the above via calculations, machine learning, 
automated natural language processing, and other artificial 
intelligence tools, and in addition, may include manually entered data 
confirming derived data results.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by Veterans, VA 
employees, VA computer systems, Veterans Health Information Systems and 
Technology Architecture (VistA), VA electronic health record system, 
contracted computer systems, VA Medical Centers, VA Program Offices, 
VISNs, DoD, other Federal Agencies, such as the Centers for Disease 
Control (CDC), State Agencies, and non-VA health care providers, and 
the following VA systems of records, namely, Patient Medical Records--
VA (24VA10A7); Patient National Databases--VA (121VA10A7) and from 
Health Information Exchange--VA (168VA005); and Revenue Program Billing 
and Collection Records--VA (114VA10).

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 that, either alone or in conjunction 
with other information, indicates a violation or potential violation of 
law, whether civil, criminal, or regulatory in nature, to a Federal, 
state, local, territorial, tribal, or foreign law enforcement authority 
or other appropriate entity charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing such law. The disclosure of the names and addresses of 
Veterans and their dependents from VA records under this routine use 
must also comply with the provisions of 38 U.S.C. 5701.
    2. Disclosure may be made to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to an individual's eligibility, care history, or 
other benefits.
    3. VA may disclose information to a Federal agency, except the 
United States Postal Service, or to the District of Columbia 
government, in response to its request, in connection with that 
agency's decision on the hiring, transfer, or retention of an employee, 
the issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit by that agency.
    4. VA may disclose information to a Member of Congress or staff 
acting upon the Member's behalf when the Member or staff requests the 
information on behalf of, and at the request of, the individual who is 
the subject of the record.
    5. VA may disclose information to National Archives and Records 
Administration (NARA) in records management inspections conducted under 
44 U.S.C. 2904 and 2906, or other functions authorized by laws and 
policies governing NARA operations and VA records management 
responsibilities.
    6. VA may disclose information to the Department of Justice (DoJ), 
or in a proceeding before a court, adjudicative body, or other 
administrative body before which VA is authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components,

    is a party to such proceedings or has an interest in such 
proceedings, and VA determines that use of such records is relevant and 
necessary to the proceedings.

    7. VA may disclose information to a Federal agency, a state or 
local government licensing board, the Federation of State Medical 
Boards, or a similar non-governmental entity that maintains records 
concerning individuals' employment histories or concerning the 
issuance, retention, or revocation of licenses, certifications, or 
registration necessary to practice an occupation, profession, or 
specialty, to inform such non-governmental entities about the health 
care practices of a

[[Page 72691]]

terminated, resigned, or retired health care employee whose 
professional health care activity so significantly failed to conform to 
generally accepted standards of professional medical practice as to 
raise reasonable concern for the health and safety of patients in the 
private sector or from another Federal Agency. These records may also 
be disclosed as part of an ongoing computer matching program to 
accomplish these purposes.
    8. VA may disclose to a Federal agency, licensing boards or the 
appropriate non-government entities about the health care practices of 
a terminated, resigned or retired health care employee whose 
professional health care activity so significantly failed to conform to 
generally accepted standards of professional medical practice, as to 
raise reasonable concern for the health and safety of patients 
receiving medical care in the private sector or from another Federal 
agency.
    9. VA may disclose information to survey teams of the Joint 
Commission, College of American Pathologists, American Association of 
Blood Banks, and similar national accreditation agencies or boards with 
which VA has a contract or agreement to conduct such reviews, as 
relevant and necessary for the purpose of program review or the seeking 
of accreditation or certification.
    10. VA may disclose to a national certifying body which has the 
authority to make decisions concerning the issuance, retention or 
revocation of licenses, certifications or registrations required to 
practice a health care profession, when requested in writing by an 
investigator or supervisory official of the national certifying body 
for the purpose of making a decision concerning the issuance, retention 
or revocation of the license, certification or registration of a named 
health care professional.
    11. VA may disclose information identified in 5 U.S.C. 7114(b)(4) 
to officials of labor organizations recognized under 5 U.S.C. Chapter 
71 when relevant and necessary to their duties of exclusive 
representation concerning personnel policies, practices, and matters 
affecting working conditions.
    12. VA may disclose to the VA-appointed representative of an 
employee of all notices, determinations, decisions, or other written 
communications issued to the employee in connection with an examination 
ordered by VA under medical evaluation (formerly fitness-for-duty) 
examination procedures or Department filed disability retirement 
procedures.
    13. VA may disclose information to the Merit Systems Protection 
Board (MSPB) and the Office of the Special Counsel in connection with 
appeals, special studies of the civil service and other merit systems, 
review of rules and regulations, investigation of alleged or possible 
prohibited personnel practices, and such other functions promulgated in 
5 U.S.C. 1205 and 1206, or as authorized by law.
    14. VA may disclose information to the Equal Employment Opportunity 
Commission (EEOC) in connection with investigations of alleged or 
possible discriminatory practices, examination of Federal affirmative 
employment programs, or other functions of the Commission as authorized 
by law.
    15. VA may disclose information to the Federal Labor Relations 
Authority (FLRA) in connection with: The investigation and resolution 
of allegations of unfair labor practices, the resolution of exceptions 
to arbitration awards when a question of material fact is raised; 
matters before the Federal Service Impasses Panel; and the 
investigation of representation petitions and the conduct or 
supervision of representation elections.
    16. VA may disclose information from this system to epidemiological 
and other research facilities approved by the Under Secretary for 
Health for research purposes determined to be necessary and proper, 
provided that the names and addresses of Veterans and their dependents 
will not be disclosed unless those names and addresses are first 
provided to VA by the facilities making the request.
    17. VA may disclose the names and address(e of present or former 
members of the armed services or their beneficiaries: (1) To a 
nonprofit organization if the release is directly connected with the 
conduct of programs and the utilization of benefits under Title 38, and 
(2) to any criminal or civil law enforcement governmental agency or 
instrumentality charged under applicable law with the protection of the 
public health or safety, if a qualified representative of such 
organization, agency, or instrumentality has made a written request 
that such names or addresses be provided for a purpose authorized by 
law; provided that the records will not be used for any purpose other 
than that stated in the request and that organization, agency, or 
instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
    18. VA may disclose information to contractors, grantees, experts, 
consultants, students, and others performing or working on a contract, 
service, grant, cooperative agreement, or other assignment for VA, when 
reasonably necessary to accomplish an agency function related to the 
records.
    19. VA may disclose to other Federal agencies to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    20. VA may disclose any information or records to appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records; (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk to individuals, VA (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, or 
persons is reasonably necessary to assist in connection with VA efforts 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    21. VA may disclose information from this system to a Federal 
agency for the purpose of conducting research and data analysis to 
perform a statutory purpose of that Federal agency upon the prior 
written request of that agency, provided that there is legal authority 
under all applicable confidentiality statutes and regulations to 
provide the data and VA has determined prior to the disclosure that VA 
data handling requirements are satisfied.
    22. VA may disclose information from this system of records to OMB 
for the performance of its statutory responsibilities for evaluating 
Federal programs.
    23. VA may disclose this information to the DoD for joint ventures 
between the two Departments to promote improved patient care, better 
health care resource utilization, and formal research studies.
    24. VA may disclose information from this system to another Federal 
agency or Federal entity, when VA determines that information from this 
system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    25. VA may disclose relevant information to health plans, quality 
review and/or peer review organizations in connection with the audit of 
claims or other review activities to determine

[[Page 72692]]

quality of care or compliance with professionally accepted claims 
processing standards.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained on Storage Area Networks, both in Austin 
Information Technology Center and the VA Enterprise Cloud.

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

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

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. Access to and use of VA data warehouses are limited to those 
persons whose official duties require such access, and the VA has 
established security procedures to ensure that access is appropriately 
limited. Information security officers and system data stewards review 
and authorize data access requests. VA regulates data warehouse access 
with security software that relies on network authentication. VA 
requires information security training to all staff and instructs staff 
on the responsibility each person has for safeguarding data 
confidentiality.
    2. Physical access to computer rooms housing VA data warehouses are 
restricted to authorized staff and protected by a variety of security 
devices. Unauthorized employees, contractors, and other staff are not 
allowed in computer rooms.
    3. Data transmissions between VA operational systems and VA data 
warehouses maintained by this system of record are protected by state-
of-the-art telecommunication software and hardware. This may include 
firewalls, intrusion detection devices, encryption, and other security 
measures necessary to safeguard data as it travels across the VA Wide 
Area Network.
    4. In most cases, copies of back-up computer files are maintained 
at off-site locations.
    5. Access to Cerner Technology Centers is generally restricted to 
Cerner employees, contractors or associates with a Cerner issued ID 
badge and other security personnel cleared for access to the data 
center. Access to computer rooms housing Federal data, hence Federal 
enclave, is restricted to persons Federally cleared for Federal enclave 
access through electronic badge entry devices. All other persons, such 
as custodians, gaining access to Federal enclave are escorted.
    6. VA Enterprise Cloud data storage conforms to security protocols 
as stipulated in VA Directives 6500 and 6517. Access control standards 
are stipulated in specific agreements with cloud vendors to restrict 
and monitor access.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of records contained in this system of records may write to the 
Director of National Data Systems (105HIG), Austin Information 
Technology Center, 1615 Woodward Street, Austin, TX 78772. Inquiries 
should include the person's full name, Social Security number, location 
and dates of employment or location and dates of treatment, and their 
return address.

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

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the Director of National 
Data Systems (105HIG), Austin Information Technology Center, 1615 
Woodward Street, Austin, TX 78772. Inquiries should include the 
person's full name, Social Security number, location and dates of 
employment or location and dates of treatment, and their return 
address.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Last full publication provided in 85 FR 52415 dated August 25, 
2020.
VA Appendix A

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             Database name                           Location
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Corporate Data Warehouse...............  Austin Information Technology
                                          Center, 1615 Woodward Street,
                                          Austin, TX 78772.
HealtheIntent at Cerner Technology       Primary Data Center, Kansas
 Centers (CTC).                           City, MO.
                                         Continuity of Operations/
                                          Disaster Recovery (COOP/DR)
                                          Data Center, Lee Summit, MO.
VA Common Operating Picture, Palantir    Participating servers in the
 Foundry.                                 United States.
VA Enterprise Cloud, Microsoft Azure     Participating servers in the
 Data Lake.                               United States.
VA Informatics and Computing             Austin Information Technology
 Infrastructure (VINCI).                  Center, 1615 Woodward Street,
                                          Austin, TX 78772.
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[FR Doc. 2021-27720 Filed 12-21-21; 8:45 am]
BILLING CODE 8320-01-P