[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22632-22635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9043]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of Amendment to System of Records.
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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e),
notice is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records currently entitled ``Spinal Cord Injury
and Disorders Outcomes--Repository (SCIDO-R)-VA'' (108VA11S) as set
forth in the Federal Register 74 FR 11185-11186 dated March 16, 2009.
VA is amending the System Name, System Location, Categories of Records
in the System, Routine Uses of Records Maintained in the System,
Storage, 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 May 16, 2012. If no public comment is received,
the amended system will become effective May 16, 2012.
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
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420; telephone (704) 245-2492.
SUPPLEMENTARY INFORMATION: The Spinal Cord Injury and Disorders
Outcomes--Repository (SCIDO-R) provides a registry of veterans with
spinal cord injury and disorders (SCI&D). This repository contains
pertinent information on veterans with SCI&D and enables better
coordination of care among VHA staff. The purpose of the repository is
to assist clinicians, administrators, and researchers in identifying
and tracking services for veterans with spinal cord injuries and
disorders resulting from trauma or diseases. The SCIDO-R can also
facilitate clinical, administrative, and research reports for medical
center use. Regional SCIDO repositories provide aggregate data to the
National SCIDO-R database at the Austin Information Technology Center
(AITC). This centralized AITC repository is used to provide a VA-wide
review of veteran demographics and clinical aspects of injury and
disorders for administrative and research purposes. VHA's Spinal Cord
Injury and Disorders Services developed the SCIDO-R and these records
are maintained exclusively by VA.
VA is renaming the system of records from Spinal Cord Dysfunction
Registry--VA to Spinal Cord Injury and Disorders Outcomes--Repository
(SCIDO-R)-VA.
The Location has been amended to include that each Spinal Cord
Injury Center has a SCIDO application deployment.
The Category of Records in the System is amended to reflect that
the SCIDO-R will also store outcome measures of impairment, and a
registrant may have multiple outcome entries.
The following routine use disclosure statements are added:
Routine use fourteen (14) states that 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.
Routine use fifteen (15) states that VA may disclose patient
identifying information to federal agencies and VA and government-wide
third-party insurers responsible for payment of the cost of medical
care for the identified patients, in order for VA to seek recovery of
the medical care costs. These records may also be disclosed as part of
a computer matching program to accomplish this purpose.
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
[[Page 22633]]
guidelines issued by OMB (65 FR 77677), December 12, 2000.
Approved: March 20, 2012.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
SOR : 108VA11S
SYSTEM NAME:
``Spinal Cord Injury and Disorders Outcomes--Repository (SCIDO-R)-
VA''.
SYSTEM LOCATION:
All electronic and paper records are maintained at the Austin
Information Technology Center (AITC), Department of Veterans Affairs
(VA), 1615 Woodward Street, Austin, Texas 78772, and at VA health care
facilities listed in VA Appendix 1 of the biennial publication of VA's
Systems of Records. Each Spinal Cord Injury Center has a SCIDO
application deployment. Data transmissions between the SCIDO
application and the VA databases housed at the AITC are accomplished
using the Department's wide area network.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Veterans identified with spinal cord injury and disorders that have
applied for VA health care services are included in the system.
Occasionally, non-veterans who have received VA health care or
rehabilitation services under sharing agreements, contracted care, or
humanitarian emergencies will also have information recorded in the
Spinal Cord Injury and Disorders Outcomes (SCIDO) Repository.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain identifying information including name,
social security number, date of birth, and registration date in the
SCIDO-R. SCIDO -Repository registration information may include
information about whether individuals are receiving services from VA's
spinal cord system of care, neurologic level of injury, etiology, date
of onset, type of cause, completeness of injury, and annual evaluation
dates offered and received. The SCIDO-R also stores outcome measures of
impairment, activity, social role participation, and satisfaction with
life. A registrant may have multiple outcome entries.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Sections 501 and 7304.
PURPOSE(S):
The SCIO-Repository provides a registry of Veterans with spinal
cord injury and disorders (SCI&D). This registry contains pertinent
information on Veterans with SCI&D and enables better coordination of
care among VHA staff. The purpose of the repository is to assist
clinicians, administrators, and researchers in identifying and tracking
services for Veterans with spinal cord dysfunction resulting from
trauma or diseases. The SCIDO-R can also facilitate clinical,
administrative, and research reports for medical center use. Regional
SCIDO Repositories provide data extracts to the National SCIDO-
Repository database at the AITC. This centralized AITC repository is
used to provide a VA-wide review of Veteran demographics and clinical
aspects of injuries and disorders.
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. The record of an individual who is covered by a system of
records may be disclosed to a Member of Congress, or a staff person
acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
2. Disclosure of records covered by this system, as deemed
necessary and proper to named individuals serving as accredited
Veterans service organization representatives, and other individuals
named as approved agents or attorneys for a documented purpose and
period of time. These agents/attorneys must be aiding beneficiaries in
the preparation/presentation of their cases during verification and/or
due process procedures or in the presentation/prosecution of claims
under laws administered by VA.
3. A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
released from this system of records under certain circumstances:
a. To any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of benefits
under Title 38, and
b. 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 name(s) or address(es) be provided for a purpose authorized by
law; provided, further, that the record(s) will not be used for any
purpose other than that stated in the request and that the
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to the National Archives and Records
Administration and the General Services Administration in records
management inspections conducted under authority of Title 44, Chapter
29, of the United States Code (U.S.C.).
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requester) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel or the armed services and/or
their dependents may be disclosed;
a. To a Federal department or agency; or
b. Directly to a contractor of a Federal department or agency. When
a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to ensure the appropriateness of the
disclosure to the contractor.
7. VA may disclose on its own initiative any information in the
system, except the names and home addresses of Veterans and their
dependents, that is relevant to a suspected or reasonably imminent
violation of the 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 on its own initiative the names and addresses of Veterans and
their dependents to a Federal agency charged
[[Page 22634]]
with the responsibility of investigating or prosecuting civil, criminal
or regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, or order issued pursuant thereto.
8. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Rehabilitation Accreditation Commission, The Joint Commission (JC),
College of American Pathologists, American Association of Blood Banks,
and similar national accreditation agencies or boards with whom VA has
a contract or agreement to conduct such reviews, but only to the extent
that the information is necessary and relevant to the review.
9. Records from this system of records may be disclosed in a
proceeding before a court, adjudicative body, or other administrative
body when the Department, or any Department component or employee (in
his or her official capacity as a VA employee), is a party to
litigation; when the Department determines that litigation is likely to
affect the Department, any of its components or employees, or the
United States has an interest in the litigation, and such records are
deemed to be relevant and necessary to the legal proceedings; provided,
however, that the disclosure is compatible with the purpose for which
the records were collected.
10. 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.
11. Records from a system of records may be disclosed to the
Department of Justice (DOJ) (including U.S. Attorneys) or in a
proceeding before a court, adjudicative body, or other administrative
body when litigation or the adjudicative or administrative process is
likely to affect VA, its employees, or any of its components is a party
to the litigation or process, or has an interest in the litigation or
process, and the use of such records is deemed by VA to be relevant and
necessary to the litigation or process, provided that the disclosure is
compatible with the purpose for which the records were collected.
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. Disclosure of information may be made when (1) it is suspected
or 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 or integrity of this system or other
systems or programs (whether maintained by the Department or another
agency or entity) that rely upon the compromised information; and (3)
the disclosure is to agencies, entities, and 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
disclosure by the Department to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis 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.
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 patient identifying information to federal
agencies and VA and government-wide third-party insurers responsible
for payment of the cost of medical care for the identified patients, in
order for VA to seek recovery of the medical care costs. These records
may also be disclosed as part of a computer matching program to
accomplish this purpose.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic tapes/disks and optical discs. Electronic data are
maintained on Direct Access Storage Devices at the AITC. The AITC
stores registry tapes for disaster backup at a secure, off-site
location. Electronic backup files for the regional SCIDO-R applications
are stored at the Regional Data Processing Center (RDPC1) at Denver, CO
also for disaster backup at a secure, off-site location.
RETRIEVABILITY:
Records are indexed by name of Veteran, social security number, and
unique patient identifiers.
SAFEGUARDS:
1. Data transmissions between VA health care facilities and the VA
databases housed at the AITC are accomplished using the Department's
wide area network. The SCIDO-Repository program and other programs at
the respective facilities automatically flag records or events for
transmission based upon functionality requirements. VA health care
facilities control access to data by using VHA's VistA security
modules. The Department's Telecommunications Support Service has
oversight responsibility for planning, security, and management of the
wide area network.
2. Access to records at VA health care facilities is only
authorized to VA personnel on a ``need-to-know'' basis. Records are
maintained in staffed rooms during working hours. During non-working
hours, there is limited access to the building with visitor control by
security personnel. Access to the AITC is generally restricted to AITC
staff, VA Central Office employees, custodial personnel, Federal
Protective Service, and authorized operational personnel through
electronic locking devices. All other persons gaining access to the
computer rooms are escorted. Backup records stored off-site for both
the AITC and VA Central Office are safeguarded in secured storage
areas.
3. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files and Veteran-
specific data elements are limited to VHA employees whose official
duties warrant access to those files. The automated record system
recognizes authorized users by keyboard entry of unique passwords,
access, and verify codes.
RETENTION AND DISPOSAL:
Records will be maintained and disposed of in accordance with
record disposition authority approved by the Archivist of the United
States. Depending on the record medium, records are destroyed by either
shredding or degaussing. Optical disks or other electronic media are
deleted when no longer required for official duties.
VA has submitted a request for records disposition authority to the
National Archives and Records
[[Page 22635]]
Administration (NARA) for approval. Upon approval by NARA, VA will
publish an amendment to this System of Records. In the interim, no
records will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for Spinal Cord Injury and Disorders
Outcomes--Repository design, development, and maintenance: SCIDO
Program Specialist (128N), 1660 South Columbian Way, Seattle,
Washington 98108.
Official responsible for policies and procedures: Chief Consultant,
Spinal Cord Injury and Disorders Services (128N), 1660 South Columbian
Way, Seattle, Washington 98108.
NOTIFICATION PROCEDURE:
An 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 last VA facility
where medical care was provided or submit a written request to the
Chief Consultant, Spinal Cord Injury and Disorders Services (128N),
1660 South Columbian Way, Seattle, Washington 98108. Inquiries should
include the Veteran's name, social security number, and return address.
RECORD ACCESS PROCEDURE:
An individual who seeks access to records maintained under his or
her name may write or visit the nearest VA facility or write to the
Chief Consultant, Spinal Cord Injury and Disorders Services (128N),
1660 South Columbian Way, Seattle, Washington 98108.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
RECORD SOURCE CATEGORIES:
Various automated record systems providing clinical and managerial
support to VA health care facilities, the Veteran, family members,
accredited representatives or friends, and ``Patient Medical Records--
VA'' (24VA19) system of records.
[FR Doc. 2012-9043 Filed 4-13-12; 8:45 am]
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