[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44902-44905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20910]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their system of records. Notice is hereby given that 
VA is amending the system of records entitled ``Veteran, Employee and 
Citizen Health Care Facility Investigation Records-VA'' (32VA00) as set 
forth in the Federal Register (58 FR 40852) dated July 30, 1993. VA is 
amending the system by revising the System Number, Routine Uses of 
Records Maintained in the System and System Manager and Address. VA is 
republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than September 30, 2009. If no public comment is 
received, the amended system will become effective September 30, 2009.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments received will be available for public inspection in the Office 
of Regulation Policy and Management, Room 1063B, between the hours of 8 
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please 
call (202) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Stephania H. Putt, Veterans Health 
Administration (VHA) Privacy Officer (19F2), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (704) 245-2492.

SUPPLEMENTARY INFORMATION: The System number is changed from 32VA00 to 
32VA10Q to reflect the current organizational alignment.
    Routine use 14 was added for the VA to 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 a use of the information contained 
in the records that is compatible with the purpose for which VA 
collected the records. VA, on its own initiative, 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 15 was added to disclose information to other Federal 
agencies that 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.
    Routine use 16 was added so that VA may, on its own initiative, 
disclose any information or records to appropriate agencies, entities, 
and persons when (1) VA suspects or has confirmed that the integrity or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise, there is a risk of embarrassment or 
harm to the reputations of the record subjects, harm to economic or 
property interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.
    Routine uses 17 was added to disclose relevant information made to 
individuals, organizations, private or public agencies, or other 
entities with whom VA has a contract or agreement or where there is a 
subcontract to perform such services as VA may deem practicable for the 
purposes of laws

[[Page 44903]]

administered by VA, in order for the contractor or subcontractor to 
perform the services of the contract or agreement. This routine use is 
being added to allow for the disclosure of information to contractors 
when performing an agency function. VA must be able to share 
information with contractors.
    The Report of Intent to Amend a System of Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
Congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.

    Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
32VA10Q

SYSTEM NAME:
    Veteran, Employee and Citizen Health Care Facility Investigation 
Records-VA

SYSTEM LOCATION(S):
    Records are maintained at each of the VA health care facilities. 
Address locations are listed in VA Appendix 1 at the end of this 
document.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Veterans, employees and private citizens who have been injured 
as a result of accident or assault.
    2. Veterans who have died as a result of violence or accident, such 
as, suicide, homicide, reaction to anesthesia or drugs, assault, 
transfusion accident, blood incompatibility, error in treatment, 
neglect of patient, fire, firearms, explosion, etc.
    3. Employees and private citizens who have died as a result of 
violence or accident.
    4. Veterans who have left the health care facility without 
authorization.
    5. Veterans, employees and private citizens who have alleged the 
loss of personal property, funds or valuables.
    6. Veterans and private citizens who have alleged abuse by members 
of the health care facility staff.
    7. Employees who have alleged discrimination, abuse or threats of 
violence by other employees, Veterans and private citizens.
    8. Veterans, employees and visitors who have assaulted other 
individuals.
    9. Veterans, employees or private citizens who have been involved 
in the sale of illegal drugs or alcohol within the health care 
facility.
    10. Veterans, employees and private citizens who have been accused 
of stealing from other individuals or from the VA health care facility.
    11. Employees who have been accused of improper and unethical 
conduct.
    12. Veterans, employees and private citizens who have willfully or 
accidentally destroyed or damaged Federal property.

Categories of records in the system:
    Copies of reports of investigations, findings, and follow-up 
concerning employees, patients and private citizens, injuries, property 
damage, accidents, thefts, assaults, discrimination, complaints, 
elopements, unethical conduct, etc.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Chapter 3, Section 210(c)(1), and 
Title 38, United States Code, Chapter 57, Section 3311.

PURPOSE(S):
    The purpose of this system of records is to conduct statistical 
studies and analyses which will support the formulation of Departmental 
policies and plans by identifying the total current health care usage 
of the VA patient population. The records and information may be used 
by VA for audit and evaluation of Department programs and for 
determinations of eligibility for benefits. The information may be used 
to conduct research.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    VA may disclose protected health information pursuant to the 
following routine uses where required by law, or required or permitted 
by 45 CFR Parts 160 and 164.
    1. Transfer of required information to private insurance companies 
to determine whether payments of benefits are appropriate and determine 
liability.
    2. Transfer of required information to local and State unemployment 
agencies to determine whether payments of benefits are appropriate.
    3. Transfer of required information to the Office of Workers 
Compensation Program to determine whether payments of benefits are 
appropriate.
    4. Transfer of required information to attorneys representing 
employees, Veterans or private citizens accused of unethical conduct to 
assist attorneys in representing their clients.
    5. In the event that a system of records maintained by this agency 
to carry out its functions indicates a violation or potential violation 
of law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, the relevant records 
in the system of records may be referred, as a routine use, to the 
appropriate agency, whether Federal, State, local or foreign, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute, or rule, 
regulation or order issued pursuant thereto.
    6. A record from this system of records may be disclosed to a 
Federal agency, in response to its request, in connection with the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.
    7. A record from this system of records may be disclosed as a 
routine use to a Federal, State or local agency maintaining civil, 
criminal or other relevant information, such as current licenses, if 
necessary to obtain information relevant to an agency decision 
concerning the hiring 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 health, educational or welfare benefit.
    8. Relevant information from this system of records, including the 
nature and amount of a financial obligation, may be disclosed as a 
routine use, in order to assist the Veterans Administration in the 
collection of unpaid financial obligations owed the VA, to a debtor's 
employing agency or commanding officer so that the debtor-employee may 
be counseled by his or her Federal employer or commanding officer. This 
purpose is consistent with 5 U.S.C. 55l4, 4 CFR 102.5, and section 206 
of Executive Order 11222 of May 8, 1965 (30 FR 6469).
    9. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual.
    10. Disclosure may be made to NARA (National Archives and Records 
Administration) GSA (General Services Administration) in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    11. Records from this system of records may be disclosed to a 
Federal Agency or to a State or local government licensing board and/or 
to the Federation of State Medical Boards or a similar

[[Page 44904]]

nongovernment entity which 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, in order for the 
Agency to obtain information relevant to an Agency decision concerning 
the hiring, retention or termination of an employee or to inform a 
Federal Agency or licensing boards or the appropriate nongovernment 
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 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.
    12. Identifying information in this system, including name, 
address, social security number and other information as is reasonably 
necessary to identify such individual, may be disclosed to the National 
Practitioner Data Bank at the time of hiring or clinical privileging/
reprivileging of health care practitioners, and other times as deemed 
necessary by VA, in order for VA to obtain information relevant to a 
Department decision concerning the hiring, privileging/reprivileging, 
retention or termination of the applicant or employee.
    13. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank and/or State Licensing 
Board in the State(s) in which a practitioner is licensed, in which the 
VA facility is located, or in which an act or omission occurred upon 
which a medical malpractice claim was based when VA reports information 
concerning: (1) Any payment for the benefit of a physician, dentist, or 
other licensed health care practitioner which was made as the result of 
a settlement or judgment of a claim of medical malpractice if an 
appropriate determination is made in accordance with agency policy that 
payment was related to substandard care, professional incompetence or 
professional misconduct on the part of the individual; (2) a final 
decision which relates to possible incompetence or improper 
professional conduct that adversely affects the clinical privileges of 
a physician or dentist for a period longer than 30 days; or, (3) the 
acceptance of the surrender of clinical privileges or any restriction 
of such privileges by a physician or dentist either while under 
investigation by the health care entity relating to possible 
incompetence or improper professional conduct, or in return for not 
conducting such an investigation or proceeding. These records may also 
be disclosed as part of a computer matching program to accomplish these 
purposes.
    14. 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 a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, 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.
    15. 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.
    16. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.
    17. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper documents and Photographs.

RETRIEVABILITY:
    Alphabetically by name.

SAFEGUARDS:
    Physical Security: Access to VA working space and medical record 
storage areas are restricted to VA employees on a ``need to know'' 
basis. Generally, VA file areas are locked after normal duty hours and 
are protected from outside access by the Federal Protective Service.
    Employee file records and file records of public figures or 
otherwise sensitive medical record files are stored in separate locked 
files. Strict control measures are enforced to ensure that disclosure 
is limited to a ``need to know'' basis.

RETENTION AND DISPOSAL:
    Disposed of 2 years after case is closed.

SYSTEM MANAGER AND ADDRESS:
    Chief Officer, Office of Quality and Performance (10Q), Veterans 
Health Administration, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
    Individuals seeking information concerning the existence and 
content of a record pertaining to themselves must submit a written 
request or apply in person to the appropriate VA health care facility. 
All inquiries must reasonably identify the incident involved and date 
of the incident. Inquiries should include the individual's full name 
and return address.

RECORDS ACCESS PROCEDURES:
    Veterans, employees and private citizens or duly authorized 
representatives seeking information regarding access to and contesting 
of VA

[[Page 44905]]

records may write, call or visit the appropriate VA health care 
facility.

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

RECORD SOURCE CATEGORIES:
    1. Veterans.
    2. Employees of a VA health care facility.
    3. Other VA health care facilities, private physicians and 
dentists, or private hospitals and clinics.
    4. Private citizens involved in the incident.
    5. Federal, State, local and foreign law enforcement agencies.
    6. Private insurance companies.

 [FR Doc. E9-20910 Filed 8-28-09; 8:45 am]
BILLING CODE 8320-01-P