Privacy Act of 1974; System of Records, 48958-48961 [2023-16020]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48958-48961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16020]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that VA is modifying the system of records entitled, ``Community 
Residential Care and Medical Foster Home Programs-VA'' (142VA114). This 
system is used for determining a potential facility's initial 
eligibility and ongoing participation in the program, provision of 
medical and psycho-social services to Veterans, operation of the 
programs, and information required by VA Medical Centers to complete 
quarterly statistical reports.

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, (005X6F), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Community Residential Care and Medical Foster Home 
Programs-VA'' (142VA114). Comments received will be available at 
regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Chief Privacy 
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW, 
(105HIG) Washington, DC 20420; telephone 704-245-2492 (Note: This is 
not a toll-free number) or [email protected].

SUPPLEMENTARY INFORMATION: VA is amending the system of records by 
revising the System Number; System Location; System Manager; Categories 
of Records in the System; Routine Uses of Records Maintained in the 
System; Policies and Practices for Retention and Disposal of Records; 
and Administrative, Technical and Physical Safeguards. VA is 
republishing the system notice in its entirety.
    The System Number is being updated from 142VA114 to 142VA10 to 
reflect the current VHA organizational routing symbol.
    The System Location will be updated to replace VA Data Processing 
Center, with Austin Information Technology Center (AITC). Also being 
added, Community Residential Care (CRC) locations are listed in VA 
Appendix 5. Medical Foster Home (MFH) programs have been established or 
are in development at all VA health care facilities.
    The System Manager is being updated to include Director, Home and 
Community Based Programs. Telephone number 202-632-8321. (Note: This is 
not a toll-free number).
    The Categories of Records in the System is being updated to include 
operators and staff of CRC and MFH Homes.
    The language in Routine Use number 4 is being updated. It 
previously reflected the following language, ``Disclosure of the 
records to the Department of Justice (DoJ) is a use of the information 
contained in the records that is compatible with the purpose for which 
VA collected the records and that VA may disclose records in this 
system of records in legal proceedings before a court or administrative 
body after determining that the disclosure of the records to the court 
or administrative body is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records.''
    Routine Use number 4 will now read as follows, ``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 official 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.''
    Routine use number 15 is being added to state, VA may disclose any 
information or records to appropriate agencies, entities and persons 
when (1) VA suspects or has confirmed that there has been a breach of 
the system of records; (2) VA has determined that as a result of the 
suspected or confirmed breach there is a risk to individuals, VA 
(including its information systems, programs and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities or persons is reasonably necessary to assist 
in connection with VA efforts to respond to the suspected or confirmed 
breach or to prevent, minimize or remedy such harm.
    Policies and Practices for Retention and Disposal of Records is 
being updated to remove ``Paper records and information are maintained 
and disposed of in accordance with records disposition authority 
approved by the Archivist of the United States.'' This section is being 
updated to state that Records are scheduled in accordance with Records 
Control Schedule (RCS) 10-1, 6110.4, temporary disposition; Destroy 
approved applications 1 year after home withdraws from program. Destroy 
disapproved applications after 5 years.
    Administrative, Technical and Physical Safeguards is being updated 
to replace Austin VA Data Processing Center with Austin Information 
Technology Center (AITC).
    The Report of Intent to Amend a System of Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
Congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB Circular No. A-108, Federal Agency 
Responsibilities for Review, Reporting, and Publication Under the 
Privacy Act, 81 FR 94424 (December 23, 2016).

[[Page 48959]]

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. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on June 19, 2023 for 
publication.

    Dated: July 25, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of 
Compliance, Risk and Remediation, Office of Information and Technology, 
Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:

    ``Community Residential Care and Medical Foster Home Programs-VA'' 
(142VA10).

SECURITY CLASSIFICATION:

    Unclassified.

SYSTEM LOCATION:

    Records are maintained at selected VA health care facilities that 
have Community Residential Care (CRC) and Medical Foster Home (MFH) 
Programs (in most cases, back-up computer tape information is stored at 
the Austin Information Technology Center (AITC), 1615 East Woodward 
Street, Austin, Texas 78772). Address locations for VA facilities are 
listed in VA Appendix 1. CRC locations are listed in VA Appendix 5. MFH 
programs have been established or are in development at all VA health 
care facilities. In addition, information from these records or copies 
of records may be maintained at the Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC, Austin Information Technology Center 
(AITC), and Veterans Integrated Service Network (VISN) Offices.

SYSTEM MANAGER(S):

    Official responsible for policies and procedures: Director, Home 
and Community Based Programs, Office of Geriatrics and Extended Care, 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420. Telephone number 202-632-8321. (Note: This is not a toll-free 
number).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    38 U.S.C 1730.

PURPOSE(S) OF THE SYSTEM:

    The records and information may be used for determining a potential 
non-VA facility's initial eligibility and ongoing participation in the 
program, provision of medical and psycho-social services to Veterans, 
operation of the programs, and information required by VA health care 
facility to complete quarterly statistical reports.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    These records include information concerning Veterans who reside in 
CRC or MFH homes. In addition, the records include information on the 
operators and staff of these homes.

CATEGORIES OF RECORDS IN THE SYSTEM:

    These records may include information on operators and staff of CRC 
and MFH Homes related to:
    1. Applications, background checks, agreements with Veterans, 
educational programs, driver's licenses, health screenings, etc.
    2. Home inspection reports, corrective plans of action, emergency 
plans, correspondence and hearing documents.
    3. Personal identifiers (including name, date of birth, financial 
information, pictures, etc.)
    These records may include information on Veterans who reside in CRC 
and MFH Homes related to:
    1. Personal identifiers (including name, date of birth, Social 
Security Number, VA claim number, financial information, pictures) and 
health records.

RECORD SOURCE CATEGORIES:

    Information in this system of records is provided by individuals 
requesting participation in the CRC and MFH programs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:

    To the extent that records contained in the system include 
information protected by 38 U.S.C. 7332, i.e., medical treatment 
information related to drug abuse, alcoholism or alcohol abuse, sickle 
cell anemia, or infection with the human immunodeficiency virus, or 45 
CFR parts 160 and 164, i.e., individually identifiable health 
information of VHA or any of its business associates, that information 
cannot be disclosed under a routine use unless there is also specific 
statutory authority in those provisions.
    1. Congress: 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.
    2. National Archives and Records Administration (NARA): To the 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. 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.
    3. Law Enforcement: 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, provided 
that the disclosure is limited to 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. 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.
    4. Department of Justice (DoJ), Litigation, Administrative 
Proceeding: To the 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 official 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.
    5. Contractors: 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.
    6. Federal Agencies, Fraud and Abuse: To other Federal agencies to 
assist such agencies in preventing and detecting possible fraud or 
abuse by individuals in their operations and programs.
    7. Data Breach Response and Remediation, for Another Federal 
Agency: To another Federal agency or

[[Page 48960]]

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.
    8. Federal Agencies, for Computer Matches: To other Federal 
agencies for the purpose of conducting computer matches to obtain 
information to determine or verify eligibility of Veterans receiving VA 
benefits or medical care under Title 38, U.S.C.
    9. Health Care Providers, for Referral by VA: To: (1) a Federal 
agency or health care provider when VA refers a patient for medical and 
other health services, or authorizes a patient to obtain such services 
and the information is needed by the Federal agency or health care 
provider to perform the services; or (2) a Federal agency or to health 
care provider under the provisions of 38 U.S.C. 513, 7409, 8111, or 
8153, when treatment is rendered by VA under the terms of such contract 
or agreement or the issuance of an authorization, and the information 
is needed for purposes of medical treatment or follow-up, determination 
of eligibility for benefits, or recovery by VA of the costs of the 
treatment.
    10. Office of Management and Budget (OMB): To OMB for the 
performance of its statutory responsibilities for evaluating Federal 
programs.
    11. Guardians Ad Litem, for Representation: To a fiduciary or 
guardian ad litem in relation to his or her representation of a 
claimant in any legal proceeding as relevant and necessary to fulfill 
the duties of the fiduciary or guardian ad litem.
    12. Guardians, Courts, for Incompetent Veterans: To a court, 
magistrate or administrative tribunal in the course of presenting 
evidence; 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.
    13. Claims Representatives: At the request of the claimant, i.e., 
Veteran or their beneficiary, to accredited service organizations, VA-
approved claim agents, and attorneys acting under a declaration of 
representation, 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, so that these 
individuals can aid claimants in the preparation, presentation, and 
prosecution of claims under the laws administered by VA.
    14. Nursing Home, for Pre-Admission Screening: To a non-VA nursing 
home facility that is considering the patient for admission, when 
information concerning the individual's medical care is needed for the 
purpose of preadmission screening under 42 CFR 483.20(f) to identify 
patients who are mentally ill or mentally retarded so they can be 
evaluated for appropriate placement.
    15. Data Breach Response and Remediation, for VA: 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records are maintained on computers, paper and removable, or 
external hardware.

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:

    In accordance with Records Control Schedule (RCS) 10-1, 6110.4, 
temporary disposition; approved applications are destroyed 1 year after 
home withdraws from program, and disapproved applications are destroyed 
after 5 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    1. Access to VA working and storage areas is restricted to VA 
employees on a ``need-to- know'' basis; strict control measures are 
enforced to ensure that disclosure to these individuals is also based 
on this same principle. Generally, VA file areas are locked after 
normal duty hours and the facilities are protected from outside access 
by the Federal Protective Service or other security personnel.
    2. Access to computer rooms at health care facilities is generally 
limited by appropriate locking devices and restricted to authorized VA 
employees and vendor personnel. Automated Data Processing peripheral 
devices are placed in secure areas (areas that are locked or have 
limited access) or are otherwise protected. Information in VistA may be 
accessed by authorized VA employees. Access to file information is 
controlled at two levels; the systems recognize authorized employees by 
series of individually unique passwords/codes as a part of each data 
message, and the employees are limited to only that information in the 
file which is needed in the performance of their official duties. 
Information that is downloaded from VistA and maintained on personal 
computers is afforded similar storage and access protections as the 
data that is maintained in the original files. Access to information 
stored on automated storage media at other VA locations is controlled 
by individually unique passwords/codes.
    3. Access to the AITC is generally restricted to Center employees, 
custodial personnel, Federal Protective Service, and other security 
personnel. Access to computer rooms is restricted to authorized 
operational personnel through electronic locking devices. All other 
persons gaining access to computer rooms are escorted. Information 
stored in the computer may be accessed by authorized VA employees at 
remote locations including VA health care facilities, Information 
Systems Centers, VA Central Office, and VISNs. Access is controlled by 
individually unique passwords/codes which must be changed periodically 
by the employee.

RECORD ACCESS PROCEDURES:

    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above or write or visit the VA facility 
location where they normally receive their care. A request for access 
to records must contain the requester's full name, address and 
telephone number, be signed by the requester and describe the records 
sought in sufficient detail to enable VA personnel to locate them with 
a reasonable amount of effort.

CONTESTING RECORD PROCEDURES:

    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system

[[Page 48961]]

manager in writing as indicated above. A request to contest or amend 
records must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record.

NOTIFICATION PROCEDURES:

    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

HISTORY:

    76 FR 67561 (November 1, 2011).

VA Appendix 5

Community Residential Care Programs

    Birmingham, AL; Tuscaloosa, AL; Tuskegee, AL; Fayetteville, AR; 
Little Rock, AR; Loma Linda, CA; Long Beach, CA; Los Angeles, CA; 
San Diego, CA; Washington, DC; Wilmington, DE; Bay Pines, FL; 
Gainesville, FL; Jacksonville, FL; Pensacola, FL; Tampa, FL; West 
Palm Beach, FL; Atlanta, GA; Augusta, GA; Chicago- Hines, IL; 
Danville, IL; Indianapolis, IN; Marion, IN; Des Moines, IA; Iowa 
City, IA; Topeka, KS; Lexington, KY; Louisville, KY; Alexandria, LA; 
New Orleans, LA; Shreveport, LA; Augusta, ME; Perry Point, MD; 
Bedford, MA; Boston, MA; Springfield, MA; Battle Creek, MI; Biloxi, 
MS; Jackson, MS; St Louis, MO; Lyons, NJ; Salisbury, NC; Montrose, 
NY; Northport, NY; Chillicothe, OH; Cleveland, OH; Columbus, OH; 
Dayton, OH; Coatesville, PA; Lebanon, PA; Philadelphia, PA; 
Pittsburgh, PA; Wilkes Barre, PA; San Juan, PR; Providence, RI; 
Mountain Home, TN; Murfreesboro, TN; Nashville, TN; Dallas, TX; 
Houston, TX; San Antonio, TX; Waco, TX; Hampton, VA; Richmond, VA; 
Salem, VA; Tacoma, WA; Martinsburg, WV; Tomah, WI.

[FR Doc. 2023-16020 Filed 7-27-23; 8:45 am]
BILLING CODE P