[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17930-17937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7923]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Privacy Act of 1974; Report of an Altered System of Records
AGENCY: Department of Health and Human Services (HHS), Health Resources
and Services Administration (HRSA).
ACTION: Notice of an Altered System of Records (SOR).
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, the Health Resources and Services Administration (HRSA) is
publishing notice of a proposal to substantially revise ``Public Health
Service (PHS) and National Health Service Corps (NHSC) Scholarship/Loan
Repayment Participants Records System, HHS/HRSA/BPHC,'' HRSA Systems of
Records No. 09-15-0037, to reflect organizational and physical location
changes, and to update the categories of individuals and records
covered by the system. HRSA is also proposing to (a) delete the Nursing
Student Education Direct Loan Program, which is not administered by
HRSA; (b) add records pertaining to the Nursing Scholarship Program and
the Student/Resident Experiences and Rotations in Community Health
(SEARCH) Program; and (c) incorporate the Faculty Loan Repayment
Program and the Physician Shortage Area Scholarship Program, which
previously had their own System of Records Notices (09-15-0058, and 09-
15-0042 respectively). These changes will require renaming the system
of records and expanding the Authority to maintain the system. HRSA has
updated the section on maintenance and storage of records to reflect
current technologies, as well as Purpose(s), Safeguards, Retention and
Disposal (of records), Notification Procedures, and Records source
categories to detail current operations. HRSA is proposing to delete
routine uses that are obsolete and to add new routine uses that cover
disclosures of information needed for effective program operations.
DATES: HRSA filed an altered system report with the Chair of the House
Committee on Government Reform and Oversight, the Chair of the Senate
Committee on Homeland Security and Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) on March 15, 2010. To ensure all parties
have adequate time in which to comment, the altered systems, including
the routine uses, will become effective 30 days from the publication of
the notice or 40 days from the date it was submitted to OMB and
Congress, whichever is later, unless HRSA receives comments that
require alterations to this notice.
ADDRESSES: Please address comments to: Policy Director, Bureau of
Clinician Recruitment and Service (BCRS), Health Resources and Services
Administration (HRSA), 5600 Fishers Lane, Room 8-15, Rockville, MD
20857, telephone (301) 443-4154, FAX (301) 594-4076. Comments received
will be available for inspection at this same address from 9 a.m. to 3
p.m. (Eastern Standard Time Zone), Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Associate Administrator, Bureau of
Clinician Recruitment and Service (BCRS), Health Resources and Services
Administration (HRSA), 5600 Fishers Lane, Room 8-05, Rockville, MD
20857, telephone (301) 594-4200, FAX (301) 594-4076.
SUPPLEMENTARY INFORMATION: Major Modification of 09-15-0037 is to
reflect the organizational, program, technology, statutory and
implementation changes.
1. HRSA proposes to rename the system of records as ``Public Health
and National Health Service Corps (PH/NHSC) Scholarship Training
Program, the Physician Shortage Area Scholarship Program (PSASP),
National Health Service Corps Scholarship Program (NHSC SP), National
Health Service Corps Loan Repayment Program (NHSC LRP), NHSC Student/
Resident
[[Page 17931]]
Experiences and Rotations in Community Health (SEARCH), Nursing
Education Loan Repayment Program (NELRP), Nursing Scholarship Program
(NSP), Native Hawaiian Health Scholarship Program (NHHSP), and Faculty
Loan Repayment Program (FLRP), Applicants and/or Participants Records
System, HHS/HRSA/BCRS.''
2. HRSA proposes to expand the Authority to maintain the system to
include: Section 333 of the PHS Act, as amended (42 U.S.C. 254f),
Assignment of Corps Personnel; Section 225 of the PHS Act (42 U.S.C.
234), as in effect on September 30, 1977, PH/NHSC Scholarship Training
Program; Section 409(b) of the Health Professions Educational
Assistance Act of 1976, (42 U.S.C. 259g), PSASP; Sections 338A-H of the
PHS Act, as amended (42 U.S.C. 254l-q), NHSC Scholarship and Loan
Repayment Programs; Sections 336(c) and 331(b)(1) of the PHS Act (42
U.S.C. 254h-1(c) and 254d(b)(1)), SEARCH; Section 846 of the PHS Act,
as amended (42 U.S.C. 297n), Nursing Education Loan Repayment and
Nursing Scholarship Programs; Section 10 of the Native Hawaiian Health
Care Improvement Act, as amended (42 U.S.C. 11709), Native Hawaiian
Health Scholarship Program; Section 738(a) of the PHS Act (42 U.S.C.
293b(a)), Faculty Loan Repayment Program; Section 202 of Title II of
Public Law 92-157 (42 U.S.C. 3505d), National Health Manpower
Clearinghouse; 31 U.S.C. 7701(c), Debt Collection Improvement Act of
1996, Requirement That Applicant Furnish Taxpayer Identifying Number;
Section 215(a) of the PHS Act, as amended (42 U.S.C. 216(a)),
pertaining to PHS commissioned officers, and 5 U.S.C. 3301 pertaining
to civil service employees, both of which authorize verification of an
individual's suitability for employment.
3. HRSA proposes to expand the categories of records within the
system to include: Name, address(es), telephone number(s), e-mail
address(es), Social Security Number (SSN), scholarship, loan repayment,
or SEARCH application and associated forms/documents, contracts,
employment data, professional performance and credentialing history of
licensed health professionals; preference for site-selection; personal,
professional, and demographic background information; academic and/or
service progress reports (which include related data, correspondence,
and professional performance information consisting of continuing
education, performance awards, and adverse or disciplinary actions);
commercial credit reports, educational data including tuition and other
related education expenses; educational data including academic program
and status; employment status verification (which includes
certifications and verifications of service obligation); medical data,
financial data, payment data and related forms, deferment/placement/
suspension/waiver data and supporting documentation; repayment/
delinquent/default status information, correspondence to and from
Program applicants and participants and/or their representatives,
Claims Collection Litigation Reports for default cases referred to the
Department of Justice (DOJ).
4. HRSA proposes to update the purposes of this system of records
to more accurately describe the ways in which the Programs currently
utilize the information maintained within. Specifically, to obtain
marketing and recruitment information from individuals who registered
to complete an online application but did not submit or complete an
application, applicants and program participants; identify and select
qualified individuals to participate in the Programs; to respond to
inquiries from Program applicants and participants, their attorneys,
and Congressional representatives; to compile and generate managerial
and statistical reports; to track recruitment of SEARCH participants
for the NHSC Scholarship and Loan Repayment Programs and to determine
how many non-obligated SEARCH participants ultimately practice primary
health care in HPSAs; and through the Ambassador and Alumni activities,
to advocate for more health professions students to choose primary
care, to mentor students and clinicians, to recruit students and
clinicians for the NHSC Scholarship and Loan Repayment Programs, and to
train community leaders, their own institution and local clinicians to
care about and for people in need.
5. HRSA proposes to update the Safeguards by: Redefining Authorized
Users (system managers and their staff, BCRS headquarters officials,
HRSA Office of Performance Review staff, financial and fiscal
management personnel, Office of the General Counsel, Office of
Information Technology personnel, Papa Ola Lokahi (POL) (with respect
to NHHSP records), and HRSA grantees and contractors who assist with
implementation of the Programs) and Physical Safeguards (rooms where
records are stored are locked when not in use, during regular business
hours, rooms are unlocked but are controlled by on-site personnel
(including the file room), security guards perform random checks on the
physical security of the storage locations after duty hours, including
weekends and holidays); entry control to servers and other computer
equipment used to process identifiable data (located in secured areas
and use physical access devices (e.g., keys, locks, combinations, card
readers) and/or security guards to control entries into the facility);
fire protection (all facilities housing HRSA information systems
maintain fire suppression and detection devices/systems (e.g.,
sprinkler systems, handheld fire extinguishers, fixed fire hoses, and
or smoke detectors) that can be activated in the event of a fire); and
a description of POL's security procedures (the building in which POL's
office is located is publicly accessible but secured, with limited
accessibility before and after work hours, security guards visit the
building at night, NHHSP's office suite is kept locked during work
hours and individual offices are also locked when vacant, participant
files are kept in a locked cabinet in a locked office and access to
these files is limited to approved staff members, when the area the
files are in is not under the direct control of NHHSP staff the office
and cabinet are kept locked, the File server is behind a locked office
door in a locked server cabinet and backup tapes are stored in a
locked, fireproof floor safe, and a secure, confidential off-site
vault).
6. HRSA proposes to update Retention and disposal as follows:
Records are retained and disposed of under the authority of the HRSA
Records Control Schedule contained in HRSA Appendix B-351, Item 25.P.
Participant case files are transferred to the Federal Records Center in
Suitland, Maryland, one year after closeout and are destroyed 15 years
later. Unfunded or withdrawn applicant case files are destroyed 6
months after the end of the fiscal year in which the individual
applied.
7. HRSA proposes to update Notification Procedures as follows: For
Requests in person a notation is added that a Federal-issued picture ID
is required to access many Federal facilities such as the Parklawn
Building; and for Requests by mail dates of participation is expanded
to encompass all the Programs in the system, and current status is
expanded to include in training, in service, or date of application if
the individual was not selected for the program.
8. HRSA proposes to update the Records source categories to
include: Subject individual; educational institutions; internship and/
or residency training progress reports; employers; NHSC approved
service sites; critical
[[Page 17932]]
nursing shortage facilities; lending institutions and loan servicing
agencies; health professional associations; National Practitioner Data
Bank and/or Healthcare Integrity and Protection Data Bank, HHS grantees
and contractors/subcontractors; consumer reporting agencies/credit
bureaus; other Federal agencies, including but not limited to the
Department of the Treasury, IRS, and the U.S. Postal Service; State
health professions licensing boards and/or the Federation of State
Medical Boards or a similar non-government entity; and third parties
who provide references concerning the subject individual.
9. HRSA proposes to modify/alter/delete several published routine
uses, and to include fifteen (15) new routine uses when all
requirements have been met. HRSA is modifying/altering routine use
3 by expansion to include Tribal authorities and State
licensing boards, routine use 4 has been expanded to include
other health professions schools and to determine academic status of
scholars, routine use 5 has been deleted and replaced with a
new routine use 5 (see below), routine use 6 is
renumbered as 8 and is expanded to include grantees and sites,
routine use 7 is renumbered as 10 and is expanded to
include grantees and sites and inquiries to the Excluded Parties List
System and the National Practitioner Data Bank and/or Healthcare
Integrity and Protection Data Bank, routine use 8 is
renumbered as 12, routine use 9 is expanded to
include disclosure to State or local government licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity, prospective employers, or to site representatives, and Primary
Care Associations and Primary Care Offices, routine use 10 is
renumbered as 14 and expanded to include loan repayment
applicants, validation of loans eligible for loan repayment and whether
the applicant has ever defaulted on a Federal or State obligation or
had delinquent Federal or State debts, including judgment liens and to
locate delinquent and/or non-compliant defaulters, routine use
11 is renumbered as 17, routine use 12 is
renumbered as 18, routine use 13 is renumbered as
19, routine use 14 is renumbered as 21 and
expanded to include reference to HHS Claims Collection regulation at 45
CFR 30.32(c), requiring HHS to report to the Treasury Department, IRS,
as taxable income to the debtor, the discharge of any indebtedness of
$600 or more when HHS terminates collection activity, routine use
15 is deleted and replaced by a new routine use 15
(see below), routine use 16 is renumbered as 22,
routine use 17 is renumbered as 24 and expanded to
include bonus clauses and to determine the existence of another service
obligation, routine use 18 is expanded from disclosure to the
IRS to `another agency.'
HHS proposes to add 15 new routine uses as follows: Routine use
5 provides disclosure to schools and training programs to
ascertain enrollment and completion date, routine use 6
provides disclosure to entities for the purpose of their providing
support during service, routine use 7 provides disclosure of
SEARCH participants for matching purposes, routine use 11
provides disclosure to State Primary Care Offices (PCOs) and Primary
Care Associations (PCAs) and site representatives to facilitate
recruitment, placement and service monitoring, routine use 13
provides disclosure to Federal and State health agencies and law
enforcement regarding a program participant who has a physical or
mental condition that is, or has the potential to become, a public
health risk, or whose aberrant behavior may pose such a risk, routine
use 15 enables HHS to use information to prepare and maintain
financial management and accounting documentation related to
obligations and disbursements of funds, including notifications to the
Department of the Treasury related to payments to, or on behalf of,
awardees, routine use 16 provides disclosure to lending
institutions for the purpose of obtaining payoff balances on
educational loans, routine use 20 provides disclosure to
another Federal, State, or local agency or private employer to whom a
Program defaulter (debtor) has applied for funds, or employment
involving Federal funds, for the purpose of ensuring that the Program
defaulter does not receive Federal funds for which he/she is
ineligible, routine use 23 provides disclosure to the
Department of Justice, and applicable State agencies in order to
exclude a debtor from Medicare/Medicaid or to conclude a settlement
agreement staying such an exclusion, routine use 25 provides
disclosure for research purposes, routine use 26 provides
disclosure in response to a subpoena, routine use 27 provides
disclosure to HHS/PSC/FOH physicians to review and provide a written
opinion of the medical documentation submitted by participants
requesting to suspend or waive their service or payment obligation,
routine use 28 provides disclosure in response to a suspected
or confirmed breach of the security or confidentiality of information.
There is also a provision to allow transfer of records to System No.
09-40-0012, Debt Management and Collection System, HHS/PSC/FMS and
System No. 09-90-0024, Financial Transactions of HHS Accounting and
Finance Offices, HHS/ASMB, for payment of Program funds and debt
collection purposes.
In addition to updating and making editorial corrections to improve
the clarity of the system notice, this alteration involves the updating
of the System Location and System Manager listing, and revisions of the
Categories of Records, Purposes, Authority, Safeguards, Retention and
Disposal, and Notification Procedures sections.
Dated: March 29, 2010.
Mary K. Wakefield,
Administrator.
SYSTEM NUMBER: 09-15-0037.
SYSTEM NAME:
Public Health and National Health Service Corps (PH/NHSC)
Scholarship Training Program, the Physician Shortage Area Scholarship
Program (PSASP), National Health Service Corps Scholarship Program
(NHSC SP), National Health Service Corps Loan Repayment Program (NHSC
LRP), NHSC Student/Resident Experiences and Rotations in Community
Health (SEARCH), Nursing Education Loan Repayment Program (NELRP),
Nursing Scholarship Program (NSP), Native Hawaiian Health Scholarship
Program (NHHSP), and Faculty Loan Repayment Program (FLRP), Applicants
and/or Participants Records System, HHS/HRSA/BCRS.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
For a specified period and in accordance with the archiving rules,
the paper records will reside at the Bureau of Clinician Recruitment
and Service (BCRS), Health Resources and Services Administration
(HRSA), U.S. Department of Health and Human Services (HHS), 5600
Fishers Lane, Rm. 8A-16, Rockville, MD 20857. The electronic copy of
the records for PH/NHSC, PSASP, and NHSC SP and LRP applicants and
participants resides in BHCDANET at Center for Information Technology,
National Institutes of Health, 12 South Drive, Room 1100, Bethesda,
Maryland 20892. Development of a replacement data system for this
legacy system is currently on-going; information pertaining to this new
system will be available upon request. Electronic copy
[[Page 17933]]
of the records for NELRP and NSP resides in the Nursing Information
System at 5600 Fishers Lane, Rockville, Maryland 20857. Electronic copy
of the records for FLRP resides in the Division of Applications and
Awards, BCRS, HRSA, HHS, 5600 Fishers Lane, Rm. 8-30, Rockville, MD
20857.
Archived records are stored at the Washington National Records
Center, 4205 Suitland Road, Suitland, MD 20746.
NHHSP records are also located at Papa Ola Lokahi (POL), 345 Queen
St., 706, Honolulu, HI 96813.
Additional records are kept by contractors to the Programs at the
following locations:
NSP and FLRP, HRSA Call Center, 12530 Parklawn Drive, Suite 350,
Rockville, Maryland 20857.
NHSC SCH and LRP, Discovery Logic, 1375 Piccard Drive, Suite 360,
Rockville, Maryland 20850.
NHSC LRP and NELRP, Focal Point Consulting Group, 1025 Vermont Avenue
NW., Suite 1000, Washington, DC 20005.
BL Seamon Corporation, 9001 Edmonston Road, Suite 200, Greenbelt, MD
20770.
Since contractors may change, a current listing of contractors and
locations (if different than above) is available upon request.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have applied for, who have been approved to
receive, who are receiving, or who have received awards under the
following programs: The Public Health and National Health Service Corps
(PH/NHSC) Scholarship Training Program, the Physician Shortage Area
Scholarship Program (PSASP), the National Health Service Corps
Scholarship Program (NHSC SP), the National Health Service Corps Loan
Repayment Program (NHSC LRP), the Nursing Education Loan Repayment
Program (NELRP), the Nursing Scholarship Program (NSP), the Native
Hawaiian Health Scholarship Program (NHHSP), and Faculty Loan Repayment
Program (FLRP). Individuals who have applied to participate, are
participating, or have participated in the NHSC Student/Resident
Experiences and Rotations in Community Health (SEARCH) Program.
Individuals who have applied to serve, have been selected to serve,
are currently serving, or have served as NHSC volunteers or Ready
Responders.
Individuals who have applied to participate, are currently
participating or have participated as an Ambassador for the NHSC or who
are Alumni of the NHSC.
Individuals who indicate an interest in employment in or an
assignment to a medical facility located in a Health Professional
Shortage Area (HPSA) or a medically underserved population area,
including public and Federal medical facilities, such as Bureau of
Prisons medical facilities, Indian Health Service health care
facilities, and other Federally sponsored health care facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains name, address(es), telephone number(s), e-mail
address(es), Social Security Number (SSN), scholarship, loan repayment,
or SEARCH application and associated forms/documents, contracts,
employment data, professional performance and credentialing history of
licensed health professionals; preference for site-selection; personal,
professional, and demographic background information; academic and/or
service progress reports (which include related data, correspondence,
and professional performance information consisting of continuing
education, performance awards, and adverse or disciplinary actions);
commercial credit reports, educational data including tuition and other
related education expenses; educational data including academic program
and status; employment status verification (which includes
certifications and verifications of service obligation); medical data,
financial data, payment data and related forms, deferment/placement/
suspension/waiver data and supporting documentation; repayment/
delinquent/default status information, correspondence to and from
Program applicants and participants and/or their representatives,
Claims Collection Litigation Reports for default cases referred to the
Department of Justice (DOJ).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 333 of the Public Health Service (PHS) Act, as amended (42
U.S.C. 254f), Assignment of Corps Personnel; Section 225 of the PHS Act
(42 U.S.C. 234), as in effect on September 30, 1977, PH/NHSC
Scholarship Training Program; Section 409(b) of the Health Professions
Educational Assistance Act of 1976, (42 U.S.C. 259g), PSASP; Sections
338A-H of the PHS Act, as amended (42 U.S.C. 254l-q), NHSC Scholarship
and Loan Repayment Programs; Sections 336(c) and 331(b)(1) of the PHS
Act (42 U.S.C. 254h-1(c) and 254d(b)(1)), SEARCH; Section 846 of the
PHS Act, as amended (42 U.S.C. 297n), Nursing Education Loan Repayment
and Nursing Scholarship Programs; Section 10 of the Native Hawaiian
Health Care Improvement Act, as amended (42 U.S.C. 11709), Native
Hawaiian Health Scholarship Program; Section 738(a) of the PHS Act (42
U.S.C. 293b(a)), Faculty Loan Repayment Program; Section 202 of Title
II of Public Law 92-157 (42 U.S.C. 3505d), National Health Manpower
Clearinghouse; 31 U.S.C. 7701(c), Debt Collection Improvement Act of
1996, Requirement That Applicant Furnish Taxpayer Identifying Number;
Section 215(a) of the PHS Act, as amended (42 U.S.C. 216(a)),
pertaining to PHS commissioned officers, and 5 U.S.C. 3301 pertaining
to civil service employees, both of which authorize verification of an
individual's suitability for employment.
PURPOSE(S):
The purposes of this system of records are as follows:
With respect to all the above-identified Programs:
1. To obtain marketing and recruitment information from individuals
who registered to complete an online application but did not submit or
complete an application, applicants and program participants.
2. To identify and select qualified individuals to participate in
the above-identified Programs (including NHSC Ready Responders,
Ambassadors, Alumni, and volunteers);
3. To maintain records on and to verify applicants' or Program
participants' credentials and educational background, and previous and
current professional employment data and performance history
information to verify that all claimed background and employment data
are valid and all claimed credentials are current and in good standing
from selection for an award through the completion of service;
4. To monitor loan repayment and scholarship activities, including,
but not limited to, payment tracking, deferment of service obligation,
service compliance at approved sites, service completion, default, and
suspension or waiver of the obligation;
5. To assist the HHS Program Support Center (PSC), the DOJ, and
other government officials in the collection of Program debts;
6. To respond to inquiries from Program applicants and
participants, their attorneys, and Congressional representatives.
7. To compile and generate managerial and statistical reports.
[[Page 17934]]
8. With respect to the PH/NHSC and NHSC SP, NHHSP, NSP, NHSC LRP,
NELRP, and FLRP: (a) To monitor related activities, such as site
matching and placement at approved sites, service completion,
suspension and waiver, default, and claims determination; (b) To select
and match scholarship recipients, loan repayors, and other individuals
for assignment to or employment with a health care or other facility
appropriate to the Programs' purposes; (c) To monitor the services
provided by the Programs' health providers;
9. With respect to the SEARCH Program, to track recruitment of
SEARCH participants for the NHSC Scholarship and Loan Repayment
Programs and to determine how many non-obligated SEARCH participants
ultimately practice primary health care in HPSAs.
10. With respect to the Ambassador and Alumni activities, to
advocate for more health professions students to choose primary care,
to mentor students and clinicians, to recruit students and clinicians
for the NHSC Scholarship and Loan Repayment Programs, and to train
community leaders, their own institution and local clinicians to care
about and for people in need.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. HHS may disclose to a Member of Congress or to a Congressional
staff member information from the record of an individual in response
to an inquiry from the congressional office made at the written request
of that individual.
2. HHS may disclose information from this system of records to the
DOJ, or to a court or other tribunal when:
(a) HHS, or any component thereof, or
(b) Any HHS employee in his or her official capacity; or
(c) Any HHS employee in his or her individual capacity where the
Department of Justice (or HHS, where it is authorized to do so) has
agreed to represent the employee; or
(d) The United States or any agency thereof where HHS determines
that the litigation is likely to affect HHS or any of its components,
is a party to litigation or has an interest in such litigation, and HHS
determines that the use of such records by the DOJ, the court or other
tribunal is relevant and necessary to the litigation and would help in
the effective representation of the governmental party, provided,
however, that in each case, HHS determines that such disclosure is
compatible with the purpose for which the records were collected.
3. In the event that a record on its face, or in conjunction with
other records, 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 to the appropriate agency, whether
Federal, State, local, or Tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute or rule, regulation or order
issued pursuant thereto, if the information disclosed is relevant to
any enforcement, regulatory, investigative or prosecutive
responsibility of the receiving entity. This includes, but is not
limited to, disciplinary actions by State licensing boards against
current or former Program participants.
4. HHS may disclose records consisting of names, SSN, disciplines,
current mailing addresses, and dates of scholarship support and dates
of graduation of the Programs' scholarship recipients to (a) designated
coordinators at each health professions school participating in the
scholarship program for the purpose of determining educational expenses
and resulting levels of scholarship support, and for the purpose of
guiding and informing these recipients about the nature of their
service obligation; and (b) schools attended by NHSC SP, NSP, and NHHSP
recipients who have taken a leave of absence from school or are
repeating coursework, for the purpose of determining their academic
status and whether their scholarship support should be suspended or
resumed, as appropriate.
5. HHS may disclose information consisting of name, address,
discipline/specialty, SSN from this system of records to a
participant's health professions school, residency program, or other
postgraduate training program, for the purpose of ascertaining a
Program participant's enrollment status and training completion or
graduation date.
6. HHS may disclose records consisting of names, disciplines,
current business or school mailing addresses, e-mail addresses of the
Programs' scholarship and loan repayment participants to contractors,
Ambassadors, Alumni, and professional organizations in underserved
communities for the purpose of supporting these clinicians in the
course of their service obligation in HPSAs and critical nursing
shortage facilities.
7. HHS or its contractors may disclose records consisting of a
SEARCH participant's name, mailing address, e-mail address, phone
number, health professions school, residency training and specialty to
State Primary Care Offices (PCOs) and Primary Care Associations (PCAs)
and site representatives for the purpose of matching participants to
potential employment sites.
8. HHS may disclose records to Department grantees, sites,
contractors and subcontractors who assist with the implementation of
the above-identified Programs, for the purposes of collecting,
compiling, aggregating, analyzing, or refining records in the system,
or improving Program operations. Grantees and contractors maintain, and
contractors are also required to ensure that subcontractors maintain,
Privacy Act safeguards with respect to such records.
9. HHS may disclose biographical data and information supplied by
Program applicants or participants (a) to references listed on
application and associated forms for the purpose of evaluating the
applicant's or participant's professional qualifications, experience,
and suitability; (b) to a State or local government licensing board
and/or to the Federation of State Medical Boards or a similar non-
government entity for the purpose of verifying that all claimed
background and employment data are valid and all claimed credentials
are current and in good standing; and (c) to prospective employers, or
to site representatives, PCAs and PCOs for the purpose of appraising
the applicant's professional qualifications and suitability for site
assignment or employment.
10. HHS may disclose an applicant's or participant's name, mailing
address, e-mail address, phone number, health professions school,
residency training and specialty to Department grantees, sites,
contractors and subcontractors who assist with the implementation of
the above-identified Programs, for the purpose of recruiting,
screening, evaluating, and matching, placing or assigning health
professionals to a service site appropriate to the relevant Program's
purposes. In addition, Department grantees, contractors and
subcontractors may disclose biographical data and information supplied
by Program applicants, participants, or references listed on
application and associated forms (a) to other references for the
purpose of evaluating the applicant's or participant's professional
qualifications, experience, and suitability; (b) to a State or local
government licensing board
[[Page 17935]]
and/or to the Federation of State Medical Boards or a similar non-
government entity for the purpose of verifying that all claimed
background and employment data are valid and all claimed credentials
are current and in good standing; (c) to the Excluded Parties List
System for the purpose of determining whether they appear as suspended,
debarred, or disqualified from participation in covered transactions;
(d) to the National Practitioner Data Bank and/or Healthcare Integrity
and Protection Data Bank for the purpose of determining whether they
have information on their reports; and (e) to prospective employers, or
to site representatives, for the purpose of appraising the applicant's
professional qualifications and suitability for site assignment or
employment. Grantees and contractors maintain, and contractors are also
required to ensure that subcontractors maintain Privacy Act safeguards
with respect to such records.
11. HHS may disclose records consisting of name, mailing address,
e-mail address, phone number, SSN, specialty, and requested or actual
placement site(s) to State PCOs and PCAs and site representatives to
facilitate PCO, PCA and site activities related to recruitment and
placement of Program participants at service sites and monitoring
compliance with the program participant's service obligation.
12. HHS may disclose records consisting of name, address, SSN,
employment history, educational data, accreditation, licensing, and
professional qualification data to a State or local government
licensing board and/or to the Federation of State Medical Boards or a
similar non-government entity which maintains records concerning: (a)
An individual's employment history; (b) the issuance, retention,
suspension, revocation, or reinstatement of licenses or registrations
necessary to practice a health professional occupation or specialty;
(c) disciplinary action against the individual or other sanctions
imposed by a State or local government licensing board; or (d) the
individual's attempts to pass health professions licensure exam(s). The
purposes of this disclosure are: (1) To enable HHS to obtain
information relevant to a decision concerning a health professional's
accomplishments, professional and personal background qualifications,
experience, and any licensure sanctions related to substance abuse, to
determine the individual's suitability for employment, retention, or
termination as a health services provider at a health care facility
approved by the relevant Program, and (2) to inform health professions
licensing boards or the appropriate non-government entities about the
health care practices or conduct of a practicing, terminated, resigned,
or retired health services provider whose professional conduct so
significantly failed to conform to generally accepted standards of
professional practice for health care providers as to raise reasonable
concern for the health and safety of patients.
13. HHS may disclose information consisting of name, address, SSN,
health professions license number, and place of employment from this
system of records to Federal, State, or local health agencies and law
enforcement regarding a program participant who has a physical or
mental condition that is, or has the potential to become, a risk to
patients or to the public at large, or whose aberrant behavior poses
such a risk (e.g., commission of a sexual assault, illegal use or
distribution of narcotics).
14. HHS may disclose information from this system of records to a
consumer reporting agency, as defined in 31 U.S.C. 3701(a)(3), for the
following purposes:
(a) To obtain a commercial credit report to assess the
creditworthiness of a scholarship or loan repayment applicant;
(b) To verify information provided on the scholarship or loan
repayment application concerning whether the applicant has ever
defaulted on a Federal or State obligation or had delinquent Federal or
State debts, including judgment liens;
(c) To determine and verify the eligibility of loans submitted for
repayment;
(d) To assess and verify ability of a debtor to repay debts owed to
the Federal Government; and
(e) To locate delinquent and/or non-compliant defaulters;
(f) To provide an incentive for debtors to repay delinquent Federal
debts by making these debts part of their credit records.
Pursuant to 31 U.S.C. 3711(e)(1)(F), the information disclosed to
the consumer reporting agency is limited to (i) information necessary
to establish the identity of the person, including name, address, and
taxpayer identification number; (ii) the amount, status, and history of
the claim; and (iii) the agency or program under which the claim arose.
15. HHS may use information from this system of records to prepare
and maintain financial management and accounting documentation related
to obligations and disbursements of funds, including notifications to
the Department of the Treasury related to payments to, or on behalf of,
awardees. Disclosures are limited to the individual's name, address,
SSN and other information necessary to identify him/her, the funding
being sought or amount of qualifying educational loans, and the program
under which the applicant is being processed.
16. HHS may disclose information about NHSC LRP, NELRP, and FLRP
applicants or participants to lending institutions for the purpose of
obtaining payoff balances on educational loans. Disclosure will be
limited to the applicant/participant's name, address, SSN, the loan
account number(s), the pre-verified loan balance, account status, and
other information necessary to identify the LRP applicant/participant
and his/her loans for this purpose.
17. HHS may disclose from this system of records a delinquent
debtor's or defaulting participant's name, address, SSN, and other
information necessary to identify him/her; the amount, status, and
history of the claim, and the agency or program under which the claim
arose, as follows:
(a) To another Federal agency so that agency can effect a salary
offset for debts owed by Federal employees.
(b) To another Federal agency so that agency can effect an
authorized administrative offset; i.e., withhold money, other than
Federal salaries, payable to or held on behalf of the individual.
(c) To the Treasury Department, Internal Revenue Service (IRS), to
request an individual's current mailing address to locate him/her for
purposes of either collecting or compromising a debt, or to have a
commercial credit report prepared.
18. HHS may disclose information from this system of records to
another Federal or State agency that has asked the Department to effect
a salary or administrative offset to help collect a debt owed to the
United States or to a State (e.g., administrative offset under a
reciprocal agreement with a State, pursuant to 31 CFR 285.6).
Disclosure includes, but is not limited to, the individual's name,
address, SSN, other information necessary to identify the individual,
and information about the money payable to or on behalf of, or held
for, the individual.
19. HHS may disclose to the Department of the Treasury, IRS,
information about an individual applying under the above-identified
Programs to find out whether the applicant has a delinquent tax debt.
This disclosure is for the sole purpose
[[Page 17936]]
of determining the applicant's eligibility for funding and/or
creditworthiness and is limited to the individual's name, address, SSN,
other information necessary to identify him/her, and the program for
which the information is being obtained.
20. HHS may disclose information from this system of records to
another Federal, State, or local agency or private employer to whom a
Program defaulter has applied for Federal grant funds, Federal
scholarship, loan, or loan repayment funds, or employment involving
Federal funds, for the purpose of ensuring that the Program defaulter
does not receive Federal funds for which he/she is ineligible.
Disclosure will be limited to the defaulter's name, address, SSN,
inclusion on the Excluded Parties List System, and any other
information necessary to identify him/her.
21. As required by the HHS Claims Collection regulation at 45 CFR
30.32(c), HHS will report to the Treasury Department, IRS, as taxable
income to the debtor, the discharge of any indebtedness of $600 or more
when HHS terminates collection activity. The information disclosed may
include the individual's name, address, SSN, account number, and
amounts written-off, e.g., principal, interest, and any charges
assessed by statute.
22. HHS will disclose information from this system of records to
any third party that may have information about a defaulting
participant's current address, such as a U.S. Post Office, a State
motor vehicle administration, a university's office of the registrar or
dean's office, a professional organization, an alumni association,
etc., for the purpose of obtaining the individual's current address.
This disclosure will be strictly limited to information necessary to
identify the individual, without any reference to the reason for the
agency's need for obtaining the current address.
23. HHS may disclose information from this system of records to the
Department of Justice and applicable State agencies in order to exclude
a debtor from all Federal health care programs, as defined in 42 U.S.C.
1320a-7b(f), including Medicare and Medicaid, or to conclude a
settlement agreement staying such an exclusion.
24. HHS may disclose information from this system of records to
other Federal, State, and local agencies, and public and private
entities that provide scholarship and/or loan repayment funding or
include bonus clauses in employment contracts, for the following
purposes: (a) To curtail fraud and abuse of Federal funds by
identifying individuals who have applied for, or accepted, funding from
another source for performance of the same service; (b) to determine if
an applicant has an existing service obligation to another Federal,
State, local or other entity; and (c) to collect delinquent debts owed
to the Federal Government.
25. HHS may disclose to Federal, State, and local agencies, and
public and private non-profit entities for research purposes, the name,
address(es), SSN, discipline and site of applicants and participants in
the above-identified Programs when the Department:
(a) Has determined that the use or disclosure does not violate
legal or policy limitations under which the record was provided,
collected, or obtained;
(b) Has determined that a bona fide research/analysis purpose
exists;
(c) Has required the recipient to:
(1) Establish strict limitations concerning the receipt and use of
applicant- and participant-identified data;
(2) Establish reasonable administrative, technical, and physical
safeguards to protect the confidentiality of the data and to prevent
the unauthorized use or disclosure of the record;
(3) Remove, destroy, or return the information that identifies the
applicant or participant at the earliest time at which removal or
destruction can be accomplished consistent with the purpose of the
research project, unless the recipient has presented adequate
justification of a research nature for retaining such information; and
(4) Make no further use or disclosure of the record except as
authorized by HHS or when required by law; and
(d) Has secured a written statement attesting to the recipient's
understanding of, and willingness to abide by these provisions.
26. Disclosure may be made in response to a subpoena from another
Federal agency having the power to subpoena other agencies' records,
such as the Internal Revenue Service or Civil Rights Commission.
27. Disclosure of information from this system of records may be
made to the HHS/PSC/Federal Occupational Health Service (FOH) contract
physicians to review and provide a written opinion of the medical
documentation submitted by scholarship and loan repayment Program
participants seeking a suspension or waiver of their service or payment
obligation.
28. HHS may disclose records to appropriate Federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
maintained in this system of records, and the information disclosed is
relevant and necessary for that assistance.
Records may be transferred to System No. 09-40-0012, Debt
Management and Collection System, HHS/PSC/FMS and System No. 09-90-
0024, Unified Financial Management System, HHS, for payment of Program
funds and debt collection purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
1. Storage: Records are maintained in file folders, on servers, and
backup servers.
2. Retrievability: Name, Social Security number, or other
identifying numbers or characteristics.
3. Safeguards:
A. Authorized Users: Access is limited to persons authorized and
needing to use the records, system managers and their staff, BCRS
headquarters officials, HRSA Office of Performance Review staff,
financial and fiscal management personnel, Office of the General
Counsel, Office of Information Technology personnel, Papa Ola Lokahi
(with respect to NHHSP records), and HRSA grantees and contractors who
assist with implementation of the Programs.
B. Physical Safeguards: Rooms where records are stored are locked
when not in use. During regular business hours, rooms are unlocked but
are controlled by on-site personnel (including the file room). Security
guards perform random checks on the physical security of the storage
locations after duty hours, including weekends and holidays.
Servers and other computer equipment used to process identifiable
data are located in secured areas and use physical access devices
(e.g., keys, locks, combinations, card readers) and/or security guards
to control entries into the facility. All facilities housing HRSA
information systems maintain fire suppression and detection devices/
systems (e.g., sprinkler systems, handheld fire extinguishers, fixed
fire hoses, and or smoke detectors) that can be activated in the event
of a fire.
With respect to NHHSP records, the building in which POL's office
is located is publicly accessible but secured, with limited
accessibility before and after work hours. Security guards visit the
building at night. NHHSP's office suite is kept locked
[[Page 17937]]
during work hours and individual offices are also locked when vacant.
Participant files are kept in a locked cabinet in a locked office.
Access to these files is limited to approved staff members, and when
the area the files are in is not under the direct control of NHHSP
staff, the office and cabinet are kept locked. The File server is
behind a locked office door in a locked server cabinet. Backup tapes
are stored in a locked, fireproof floor safe, and a secure,
confidential off-site vault.
RETENTION AND DISPOSAL:
Records are retained and disposed of under the authority of the
HRSA Records Control Schedule contained in HRSA Appendix B-351, Item
25.P. Participant case files are transferred to the Federal Records
Center in Suitland, Maryland, one year after closeout and are destroyed
15 years later. Unfunded or withdrawn applicant case files are
destroyed 6 months after the end of the fiscal year in which the
individual applied.
SYSTEM MANAGER(S) AND ADDRESS:
Policy-Coordinating Official: Associate Administrator,
Bureau of Clinician Recruitment and Service (BCRS), Health Resources
and Services Administration (HRSA), 5600 Fishers Lane, Room 8-05,
Rockville, MD 20857.
Scholarship and Loan Repayment Applicants/Awardees:
Director, Division of Applications and Awards, BCRS, HRSA, 5600 Fishers
Lane, Room 8-37, Rockville, MD 20857.
Scholarship and Loan Repayment Participant Placement/
Assignment and Service from matching through service completion:
Director, Division of Scholar and Clinician Support, BCRS, HRSA, 5600
Fishers Lane, Room 8A-19, Rockville, MD 20857.
Suspension/Waiver/Default Determination: Director, Legal
and Compliance Office, BCRS, HRSA, 5600 Fishers Lane, Room 8-47,
Rockville, MD 20857.
NHHSP: Administrator, Papa Ola Lokahi, 345 Queen St.,
706, Honolulu, HI 96813.
SEARCH: Recruitment and Retention Support Branch, Division
of Site and Clinician Recruitment, BCRS, HRSA, 5600 Fishers Lane, Room
8A-55, Rockville, MD 20857.
Ready Responders, Ambassadors, Alumni, and Volunteers:
Division of Site and Clinician Recruitment, BCRS, HRSA, 5600 Fishers
Lane, Room 8A-55, Rockville, MD 20857.
NOTIFICATION PROCEDURE:
To find out if the system contains records about you, contact the
Policy-Coordinating Official. The Policy-Coordinating Official will
then refer the requester to the appropriate System Manager.
REQUESTS IN PERSON:
A subject individual who appears in person at a specific location
seeking access to or disclosure of records relating to him/her shall
provide his/her name, current address, Social Security number or other
identifying information (e.g., date of birth, place of birth), dates of
participation in one of the above-identified Programs, (or date of
application if the individual was not selected for the program) and at
least one piece of tangible identification, such as driver's license,
passport, or voter registration card. Identification papers with
current photographs are preferred but not required. (A Federal-issued
picture ID is required to access many Federal facilities such as the
Parklawn Building.) If a subject individual has no identification but
is personally known to an agency employee, such employee shall make a
written record verifying the subject individual's identity. Where the
subject individual has no identification papers, the responsible agency
official shall require that the subject individual certify in writing
that he/she is the individual who he/she claims to be and that he/she
understands that the knowing and willful request or acquisition of a
record concerning an individual under false pretenses is a criminal
offense subject to a $5,000 fine.
REQUESTS BY MAIL:
A written request must contain the name and address of the
requester, Social Security number or other identifying information, and
his/her signature which is either notarized to verify his/her identity
or includes a written certification that the requester is the person
he/she claims to be and that he/she understands that the knowing and
willful request or acquisition of records pertaining to an individual
under false pretenses is a criminal offense subject to a $5,000 fine.
In addition, the following information is needed: dates of
participation in one of the above-identified Programs and current
status, such as in training, in deferment, in service, in default, or
date of application if the individual was not selected for the program.
REQUESTS BY TELEPHONE:
Since positive identification of the caller cannot be established,
telephone requests are not honored.
RECORD ACCESS PROCEDURES:
Same as notification procedures. Requesters should also provide a
reasonable description of the record being sought. Requesters may also
ask for an accounting of disclosures that have been made of their
records, if any.
CONTESTING RECORD PROCEDURES:
Same as notification and access procedures. Contact the Policy-
Coordinating Official, provide a reasonable description of the record,
specify the information being contested, the corrective action sought,
and the reasons for requesting the correction, along with supporting
information to show how the record is inaccurate, incomplete, untimely,
or irrelevant.
RECORD SOURCE CATEGORIES:
Subject individual; educational institutions; internship and/or
residency training progress reports; employers; NHSC approved service
sites; critical nursing shortage facilities; lending institutions and
loan servicing agencies; health professional associations; National
Practitioner Data Bank and/or Healthcare Integrity and Protection Data
Bank, HHS grantees and contractors/subcontractors; consumer reporting
agencies/credit bureaus; other Federal agencies, including but not
limited to the Department of the Treasury, IRS, and the U.S. Postal
Service; State health professions licensing boards and/or the
Federation of State Medical Boards or a similar non-government entity;
and third parties who provide references concerning the subject
individual.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 2010-7923 Filed 4-7-10; 8:45 am]
BILLING CODE 4160-15-P