[Federal Register: December 9, 2003 (Volume 68, Number 236)]
[Notices]
[Page 68609-68611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de03-67]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Privacy Act of 1974; System of Records
AGENCY: Department of the Air Force, DoD.
ACTION: Notice to amend systems of records.
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SUMMARY: The Department of the Air Force is amending a system of
records notice in its existing inventory of record systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
January 8, 2004 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the Air Force Privacy Act Manager, Office
of the Chief Information Officer, AF-CIO/P, 1155 Air Force Pentagon,
Washington, DC 20330-1155.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043.
SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the address above.
The specific changes to the records systems being amended are set
forth below followed by the notices, as amended, published in their
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
[[Page 68610]]
Dated: November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG E
System name:
Medical Record System (August 29, 2003, 68 FR 51998).
Changes:
* * * * *
Retention and disposal:
Delete entry and replace with `While on active duty, the Health
Record of a U.S. military member is maintained at the medical unit at
which the person receives treatment. On separation or retirement,
records are forwarded to the Department of Veterans Affairs, Records
Management Center in St. Louis, MO or to the appropriate Veterans
Affairs Regional Office if a Veterans Affairs claim has been filed.
Records of non-active duty personnel may be hand carried or mailed to
the next military medical facility at which treatment will be received
or the records are retained at the treating facility until 2 years
after the end of the calendar year of the last date of treatment and
then retired to the National Personnel Record Center (NPRC) or other
designated depository, such as, but not limited to, Medical Director,
American Red Cross, Washington, DC 20006 for Red Cross personnel. At
NPRC all inpatient, outpatient, and APV records are retained for 50
years after date of last document. In addition, military records sent
to the DVA after 1 May 1994 are maintained for 50 years after date of
last document.'
* * * * *
F044 AF SG E
System name:
Medical Record System.
System location:
Headquarters, United States Air Force, Surgeon General (HQ USAF/
SG), medical centers, hospitals and clinics, medical aid stations,
National Personnel Record Centers, Air National Guard activities, and
Air Force Reserve units. Official mailing addresses are published as an
appendix to the Air Force compilation of systems notices.
Categories of individuals covered by the system:
Persons treated in an Air Force medical facility and active duty
members for whom primary care is provided.
Categories of records in the system:
Inpatient, outpatient, and ambulatory procedure visit (APV) records
of care received in Air Force medical facilities. Documentation
includes, but is not limited to, patient's medical history; physical
examination; treatment received; supporting documentation such as
laboratory and x-ray reports; cover sheets and summaries of
hospitalization; diagnoses; procedures or surgery performed;
administrative forms which concern medical conditions such as Line of
Duty Determinations; physical profiles, and medical recommendations for
flying duty. Secondary files are maintained such as patient registers,
nominal indices, x-ray and laboratory files, indices and registers.
Authority for maintenance of the system:
10 U.S.C. 55, Medical and Dental Care; 10 U.S.C. 8013, Secretary of
the Air Force; and E.O. 9397 (SSN).
Purpose(s):
Used to document, plan, and coordinate the health care of patients;
aid in preventative health and communicable disease control programs;
determine eligibility and suitability for benefits for various
programs; adjudicate claims; evaluate care rendered; teach, compile
statistical data, and conduct research.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
Information from the inpatient, outpatient, or APV medical records
of retirees and dependents may be disclosed to third party payers in
accordance with 10 U.S.C. 1095 as amended by Public Law 99-272, for the
purpose of collecting reasonable inpatient/outpatient/APV hospital care
costs incurred on behalf of retirees or dependents. Records are used
and reviewed by health care providers in the performance of their
duties. Health care providers include military and civilian providers
assigned to the medical facility where care is being provided. Students
participating in a training affiliation program with a USAF medical
facility may also use and review records as part of their training
program. In addition, records may be disclosed to:
(1) Officials and employees of the Department of Veterans Affairs
in the performance of their official duties relating to the
adjudication of veterans claims and in providing medical care to
members of the Air Force.
(2) Officials and employees of other departments and agencies of
the Executive Branch of government upon request in the performance of
their official duties relating to review of the official qualifications
and medical history of applicants and employees who are covered by this
record system and for the conduct of research studies.
(3) Private organizations (including educational institutions) and
individuals for authorized health research in the interest of the
Federal government and the public. When not considered mandatory,
patient identification data shall be eliminated from records used for
research studies.
(4) Officials and employees of the National Research Council in
cooperative studies of the National History of Disease; of prognosis
and of epidemiology. Each study in which the records of members and
former members of the Air Force are used must be approved by the
Surgeon General of the Air Force.
(5) Officials and employees of local and state governments and
agencies in the performance of their official duties pursuant to the
laws and regulations governing local control of communicable diseases,
preventive medicine and safety programs, child abuse and other public
health and welfare programs.
(6) Authorized surveying bodies for professional certification and
accreditations.
(7) The individual's organization or government agency as necessary
when required by Federal statute, E.O., or by treaty.
The DoD ``Blanket Routine Uses'' published at the beginning of the
Air Force's compilation of record system notices apply to this system,
except as stipulated in ``Note'' below.
Note: Records of identity, diagnosis, prognosis or treatment of
any client/patient, irrespective of whether or when he/she ceases to
be a client/patient, maintained in connection with the performance
of any alcohol/drug abuse treatment function conducted, requested,
or directly or indirectly assisted by any department or agency of
the United States, shall, except as provided herein, be confidential
and be disclosed only for the purposes and under the circumstances
expressly authorized in 42 U.S.C. 290dd-2. These statutes take
precedence over the Privacy Act of 1974 in regard to accessibility
of such records except to the individual to whom the record
pertains. The DoD ``Blanket Routine Uses'' do not apply to these
types of records.
[[Page 68611]]
Note:
This system of records contains individually identifiable health
information. The DoD Health Information Privacy Regulation (DoD
6025.18-R) issued pursuant to the Health Insurance Portability and
Accountability Act of 1996, applies to most such health information.
DoD 6025.18-R may place additional procedural requirements on the
uses and disclosures of such information beyond those found in the
Privacy Act of 1974 or mentioned in this system of records notice.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in paper and machine-readable form.
Retrievability:
By name, Social Security Number, or by Military Service Number.
Safeguards:
Records are accessed by commanders of medical centers, hospitals,
and clinics; by custodian of the record system, and by person(s)
responsible for servicing the record system in performance of their
official duties and by authorized personnel who are properly screened
and cleared for need-to-know. Records are stored in locked rooms and
cabinets, and access to automated records is controlled and limited.
Retention and disposal:
While on active duty, the Health Record of a U.S. military member
is maintained at the medical unit at which the person receives
treatment. On separation or retirement, records are forwarded to the
Department of Veterans Affairs, Records Management Center in St. Louis,
MO or to the appropriate Veterans Affairs Regional Office if a Veterans
Affairs claim has been filed. Records of non-active duty personnel may
be hand carried or mailed to the next military medical facility at
which treatment will be received or the records are retained at the
treating facility until 2 years after the end of the calendar year of
the last date of treatment and then retired to the National Personnel
Record Center (NPRC) or other designated depository, such as, but not
limited to, Medical Director, American Red Cross, Washington, DC 20006
for Red Cross personnel. At NPRC all inpatient, outpatient, and APV
records are retained for 50 years after date of last document. In
addition, military records sent to the DVA after 1 May 1994 are
maintained for 50 years after date of last document.
System manager(s) and address:
The Surgeon General, Headquarters United States Air Force.
Chief of Air Force Reserve, Headquarters United States Air Force.
Director of Air National Guard, Headquarters United States Air
Force.
Commanders of medical centers, hospitals, clinics, medical aid
stations; Commander, Air Force Personnel Center. Official mailing
addresses are published as an appendix to the Air Force's compilation
of system notices.
Notification procedure:
Individuals seeking to determine whether this system of records
contain information about themselves should address inquiries to or
visit the system manager. Official mailing addresses are published as
an appendix to the Air Force's compilation of record systems notices.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system should address requests to the system manager. Official
mailing addresses are published as an appendix to the Air Force's
compilation of systems notices.
Requester must submit full name; Social Security Number (or
Military Service Number) through whom eligibility for care is
established; date (at least year) treatment was provided; name of
facility providing treatment, and whether treatment was as inpatient or
outpatient.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 37-132; 32 CFR part 1806b; or may be obtained
from the system manager.
Record source categories:
Physicians and other patient care providers such as nurses,
dietitians, and physicians assistants. Administrative forms are
completed by appropriate military or civilian officials.
Exemptions claimed for the system:
None.
[FR Doc. 03-30401 Filed 12-8-03; 8:45 am]
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