[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27859-27863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11485]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of New System of Records ``Virtual Lifetime Electronic
Record (VLER)-VA'' (168VA10P2).
-----------------------------------------------------------------------
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all
agencies publish in the Federal Register a notice of the existence and
character of their systems of records. Notice is hereby given that the
Department of Veterans Affairs (VA) is establishing a new system of
records entitled ``Virtual Lifetime Electronic Record (VLER)-VA''
(168VA10P2).
DATES: Comments on this new system of records must be received no later
than June 11, 2012. If no public comment is received during the period
allowed for comment or unless otherwise published in the Federal
Register by the VA, the new system will become effective June 11, 2012.
ADDRESSES: Written comments concerning the proposed amended system of
records 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. All comments received will be
available for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 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 Officer, Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, telephone (704) 245-2492.
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of Records
Background
The Virtual Lifetime Electronic Record (VLER) is an overarching
program being developed by the Department of Veterans Affairs (VA) as a
result of President Obama's direction on April 9, 2009, to the VA and
the Department of Defense (DoD) to create the VLER, which will allow
the electronic sharing with VA, DoD and NwHIN participants. The purpose
of use will include, but not limited to healthcare treatment
information, disability adjudication, and benefits.
For this proposed system of records the individuals covered by the
system include Veterans and their family members or caregivers; members
of the Armed Services, Reserves or National Guard; and VA employees who
access information through VLER.
The proposed system of records contains patient demographic
information (e.g., name, address, phone numbers, date of birth, social
security number, internal control number); patient demographic and
health information from external health care providers (e.g.,
medication listing allergies, consultations and referrals, progress
notes, history and physicals, discharge summaries, diagnostic studies
and procedure notes, Advanced Directives, problem lists, laboratory
reports, lists of procedures and encounters); benefits information
(e.g., disability rating, service connection rating); and information
on Veterans' preferences for restricting the sharing of their health
information (e.g., authorizations, restriction requests, revocation of
authorizations). The records include information provided by Veterans
and their family members or caregivers, members of the Armed Services,
Reserves or National Guard, and VA employees; and information from VA
computer systems and databases including, but not limited to, Veterans
Health Information Systems and Technology Architecture (VistA)-VA
(79VA19) and National Patient Databases-VA (121VA19), VA Medical
Centers (VAMC), federal and non-federal VLER/NwHIN partners and the
Department of Defense.
The purpose of the system of records is to provide a repository for
the clinical and administrative information that is used to accomplish
the purposes described. The purpose of use will include, but not be
limited to, health care treatment information, disability adjudication,
and benefits to the Veteran both within the VA Medical Center and in
sharing with partners who are participating through the Nationwide
Health Information Network (NwHIN) in the VLER pilots and subsequent
national roll-out. Data stored in the VLER Veterans Authorizations and
Preferences (VAP) system is used to prepare various management,
tracking and follow-up reports that are used to assist in the
management and operation of the health care facility, and the planning
and delivery of patient medical care. Data may be used to track and
evaluate patient care services, the distribution and utilization of
resources, and the performance of vendors and employees. The data may
also be used for such purposes as scheduling patient treatment
services, including nursing care, clinic appointments, survey,
diagnostic and therapeutic procedures. Data may also be used to track
the ordering, delivery, maintenance and repair of equipment, and for
follow-up activities to determine if the actions were accomplished and
to evaluate the results.
II. Proposed Routine Use Disclosures of Data in the System
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
[[Page 27860]]
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.
VHA is proposing the following routine use disclosures of
information to be maintained in the system:
1. On its own initiative, the VA may disclose information, except
for the names and home addresses of veterans and their dependents, to a
Federal, State, local, tribal or foreign agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or implementing
the statute, regulation, rule or order issued pursuant thereto. On its
own initiative, the VA may also disclose the names and addresses of
veterans and their dependents to a Federal agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or implementing
the statute, regulation, rule or order issued pursuant thereto. VA must
be able to comply with the requirements of agencies charged with
enforcing the law and conducting investigations. VA must also be able
to provide information to State or local agencies charged with
protecting the public's health as set forth in State law.
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. Disclosure of information to a NwHIN participant for the purpose
of providing care or treatment to VA patients, reimbursement for health
care services, or determining eligibility for disability benefits.
4. 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.
Individuals sometimes request the help of a member of Congress in
resolving some issues relating to a matter before the VA. The member of
Congress then writes to the VA, and the VA must be able to give
sufficient information to give a response to the inquiry.
5. Disclosure may be made to National Archives and Records
Administration (NARA) and the General Services Administration (GSA) in
records management inspections conducted under authority of Title 44,
Chapter 29, of the United States Code (U.S.C). NARA and GSA are
responsible for management of old records no longer actively used, but
which may be appropriate for preservation, and for the physical
maintenance of the Federal government's records. VA must be able to
provide the records to NARA and GSA in order to determine the proper
disposition of such records.
6. 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.
7. Disclosure may be made 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. VA must be able to report information
regarding the health information a health care practitioner knew about
or had access to when making care decisions to a national certifying
body charged with maintaining the health and safety of patients by
making a decision about a health care professional's license,
certification or registration, such as issuance, retention, revocation
or other actions such as suspension.
8. VA may disclose information to officials of the Merit Systems
Protection Board MSPB), or the Office of Special Counsel, when
requested 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.
9. VA may disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law or regulation. VA must be able to
provide information to the Commission to assist it in fulfilling its
duties to protect employee's rights, as required by statute and
regulation.
10. VA may disclose to the Fair Labor Relations Authority (FLRA)
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a question
of material fact is raised; to disclose information in matters properly
before the Federal Services Impasse Panel, and to investigate
representation petitions and conduct or supervise representation
elections. VA must be able to provide information to FLRA to comply
with the statutory mandate under which it operates.
11. Disclosures 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 the 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. This routine use
includes disclosures by the individual or entity performing the service
for VA to any secondary entity or individual to perform an activity
that is necessary for individuals, organizations, private or public
agencies, or other entities or individuals with whom VA has a contract
or agreement to provide the service to VA.
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. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has
[[Page 27861]]
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 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.
14. 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 the
VA data handling requirements are satisfied. The purpose of this
disclosure is to aid other Federal agency conduct of government
research to accomplish a statutory purpose of that agency.
III. Compatibility of the Proposed Routine Uses
The Privacy Act permits the VA to disclose information about
individuals without their consent for a routine use when the
information will be used for a purpose that is compatible with the
purpose for which the VA collected the information. In all of the
routine use disclosures described above, either the recipient of the
information will use the information in connection with a matter
relating to one of VA's programs, will use the information to provide a
benefit to the VA, or disclosure is required by law.
The notice of intent to publish 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: April 23, 2012.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
SOR 168VA10P2
SYSTEM NAME:
Virtual Lifetime Electronic Record (VLER).
SYSTEM LOCATION:
Records are maintained at Department of Veterans Affairs (VA),
Austin Information Technology Center (AITC), 1615 Woodward Street,
Austin, TX 78772.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records contain information on Veterans and the family members
or caregivers; members of the armed services, Reserves or National
Guard; and VA employees who access information through VLER.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include patient demographic information (e.g.,
name, address, phone numbers, date of birth, social security number);
patient demographic and health information from external health care
providers (e.g., medication listing allergies, consultations and
referrals, history and physicals, discharge summaries, diagnostic
studies and procedure notes, Advanced Directives, problem lists,
laboratory reports, lists of procedures and encounters); benefits
information (e.g., disability rating, service connection rating); and
information on Veterans' preferences for restricting the sharing of
their health information (e.g., authorizations, restriction requests,
revocation of authorizations).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Section 501.
PURPOSE (S):
The records and information may be used for the ongoing
communication of current healthcare data among VLER/Nationwide Health
Information Network (NwHIN) partners, Department of Defense (DoD) and
VA to promote improved quality of patient care, reduce duplicative
ordering of tests, services and pharmaceuticals; for 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 (VISN); and to allocate clinical and
administrative support to patient to include but not limited to
Healthcare treatment, disability adjudication, and benefits.
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, that
information cannot be disclosed under a routine use unless there is
also specific statutory authority permitting disclosure.
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. On its own initiative, the VA may disclose information, except
for the names and home addresses of veterans and their dependents, to a
Federal, State, local, tribal or foreign agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or implementing
the statute, regulation, rule or order issued pursuant thereto.
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. Disclosure of information to a NwHIN participant for the purpose
of providing care or treatment to VA patients, reimbursement for health
care services, or determining eligibility for government disability
benefits.
4. 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.
5. Disclosure may be made to National Archives and Records
Administration (NARA) and the General Services Administration (GSA) in
records management inspections conducted under authority of Title 44,
Chapter 29, of the United States Code (U.S.C.).
6. VA may disclose information from this system of records to the
Department
[[Page 27862]]
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.
7. Disclosure may be made 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.
8. VA may disclose information to officials of the Merit Systems
Protection Board MSPB), or the Office of Special Counsel, when
requested 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.
9. VA may disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law or regulation.
10. VA may disclose to the Fair Labor Relations Authority (FLRA)
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a question
of material fact is raised; to disclose information in matters properly
before the Federal Services Impasse Panel, and to investigate
representation petitions and conduct or supervise representation
elections.
11. Disclosures 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 the 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.
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. 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
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.
14. 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 the
VA data handling requirements are satisfied.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on electronic storage media including
magnetic tape, disk, laser optical media.
RETRIEVABILITY:
Records are retrieved by name, social security number or other
assigned identifiers of the individuals on whom they are maintained.
For reporting purposes records can also be retrieved by Internal
Control Number (ICN), date of service or access by providers, facility,
and by organizational user name.
SAFEGUARDS:
1. Access to and use of national administrative databases,
warehouses, and data marts 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 access with security software that
authenticates users and requires individually unique codes and
passwords. VA provides 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 national
administrative databases, warehouses, and data marts is restricted to
authorized staff and protected by a variety of security devices.
Unauthorized employees, contractors, and other staff are not allowed in
computer rooms. The Federal Protective Service or other security
personnel provide physical security for the buildings housing computer
rooms and data centers.
3. Data transmissions between operational systems and national
administrative databases, warehouses, and data marts 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.
RETENTION AND DISPOSAL:
In accordance with the records disposition authority approved by
the Archivist of the United States, health
[[Page 27863]]
information stored on electronic media storage is maintained for
seventy-five (75) years after the last episode of patient care and then
deleted.
SYSTEM MANAGER (S) AND ADDRESS:
Official maintaining this system of records and responsible for
policies and procedures is Director Standards and Interoperability,
Chief Health Informatics Office/Office of Informatics and Analytics/
Veterans Health Information, Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC 20420.
NOTIFICATION PROCEDURE:
Individuals who wish to determine whether this system of records
contains information about them should contact their closest VA Medical
Center (VAMC). Inquiries should include the person's full name, social
security number, location and dates of treatment or location and dates
of employment and their return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and contesting
of records in this system may write the Director Standards and
Interoperability, Chief Health Informatics Office/Office of Informatics
and Analytics/Veterans Health Information, Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by Veterans and
their family members or caregivers, members of the Armed Services,
Reserves or National Guard, VA employees, VA computer systems, Veterans
Health Information Systems and Technology Architecture (VistA)-VA
(79VA19), National Patient Databases-VA (121VA19), Patient Medical
Record--VA (24VA19), federal and non-federal VLER/NwHIN partners and
Department of Defense.
[FR Doc. 2012-11485 Filed 5-10-12; 8:45 am]
BILLING CODE 8320-01-P