Privacy Act of 1974; System of Records
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Issuing agencies
Abstract
As required by the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is modifying the system of records entitled "Enrollment and Eligibility Records-VA" (147VA10NF1) as set forth in the Federal Register. This system of records notice is removing all elements of the Program of Comprehensive Assistance for Family Caregivers and the Program of General Caregiver Support Services established by the Caregivers and Veterans Omnibus Health Services Act of 2010, signed into law on May 5, 2010. Information pertaining to caregivers is now located within a new system of records entitled, "Caregiver Support Program-Caregiver Record Management Application (CARMA)-VA" (197VA10). VA is amending the system by revising the System Number; System Location; Categories of Individuals Covered by the System; System Manager; Record Source Categories; Routine Uses of Records Maintained in the System; Policies and Practices for Retrievability of Records; Policies and Practices for Retention and Disposal of Records; and Physical, Procedural, and Administrative Safeguards. VA is republishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 46090-46095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17528]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Health Administration, Department of Veterans Affairs
(VA).
ACTION: Notice of a modified system of records.
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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is modifying the system of
records entitled ``Enrollment and Eligibility Records-VA'' (147VA10NF1)
as set forth in the Federal Register. This system of records notice is
removing all elements of the Program of Comprehensive Assistance for
Family Caregivers and the Program of General Caregiver Support Services
established by the Caregivers and Veterans Omnibus Health Services Act
of 2010, signed into law on May 5, 2010. Information pertaining to
caregivers is now located within a new system of records entitled,
``Caregiver Support Program-Caregiver Record Management Application
(CARMA)-VA'' (197VA10). VA is amending the system by revising the
System Number; System Location; Categories of Individuals Covered by
the System; System Manager; Record Source Categories; Routine Uses of
Records Maintained in the System; Policies and Practices for
Retrievability of Records; Policies and Practices for Retention and
Disposal of Records; and Physical, Procedural, and Administrative
Safeguards. VA is republishing the system notice in its entirety.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective
[[Page 46091]]
a minimum of 30 days after date of publication in the Federal Register.
If VA receives public comments, VA shall review the comments to
determine whether any changes to the notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Enrollment and Eligibility Records-VA (147VA10NF1)''.
Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Veterans Health
Administration (VHA) Privacy Officer, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington, DC 20420; telephone (704) 245-2492
(Note: not a toll-free number).
SUPPLEMENTARY INFORMATION: The System Number will be changed from
147VA10NF1 to 147VA10 to reflect the current VHA organizational routing
symbol.
The System Location and Record Source Categories are being updated
to change 24VA10P2 to 24VA10A7 and 79VA10P2 to 79VA10.
Categories of Individuals Covered by the System is being amended to
include non-Veteran, survivors, and VA Fourth Mission.
The System Manager is being amended to replace Chief Business
Officer, 1722 I Street, with Deputy Under Secretary for Health and
Operations, VHA Member Services 810 Vermont Avenue NW, Washington, DC
20420.
The Routine Uses of Records Maintained in the System has been
amended by modifying the language in Routine Use #6 which states that
disclosure of the records to the Department of Justice (DoJ) is a use
of the information contained in the records that is compatible with the
purpose for which VA collected the records. VA 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. This routine use will now state that VA may
disclose information to the Department of Justice (DoJ), or in a
proceeding before a court, adjudicative body, or other administrative
body before which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her official capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components,
is a party to such proceedings or has an interest in such proceedings,
and VA determines that use of such records is relevant and necessary to
the proceedings, provided, however, that in each case VA determines the
disclosure is compatible with the purpose for which the records were
collected. If the disclosure is in response to a subpoena, summons,
investigative demand, or similar legal process, the request must meet
the requirements for a qualifying law enforcement request under the
Privacy Act, 5 U.S.C. 552a(b)(7), or an order from a court of competent
jurisdiction under 552a(b)(11).
Routine Use #7 is being amended to remove General Services
Administration.
Routine Use #13 has been amended by clarifying the language to
state, ``VA may disclose any information or records to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons reasonably necessary to assist in connection with VA efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.''
Routine Use #14 is being amended to include non-Veterans receiving
VA medical care under VA's Fourth Mission.
Routine Use #16 is being added to state, ``VA may disclose
information from this system of records to another Federal agency or
Federal entity, when VA determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.''
Policies and Practices for Retrievability of Records is being
amended to include Electronic Data Interchange Personal Identifier
(EDIPI).
Policies and Practices for Retention and Disposal of Records is
being amended to remove HEC Records, Optical Disks or Other Electronic
Medium will be temporarily deleted when all phases of the Veteran's
appeal rights has ended (ten years after the income year for which the
means test verification was conducted) (N1-15-98-3, item 2). All Ad-Hoc
reports created as part of this system shall be managed per NARA
approved GRS 3.2 Items 030, Ad-Hoc reports. This section will include
sections 1250.1 and 1250.2 and 1250.3; 1250.1 destroy 7 years after the
income year for which the means test verification was conducted, when
all phases of Veteran's appeal rights have ended. If an appeal is
filed, retain record until all phases of the appeal have ended; 1250.2,
destroy 30 days after the data has been validated as being a true copy
of the original data; and 1250.3, destroy when no longer needed.
Physical, Procedural, and Administrative Safeguards (Access) is
being amended to replace the HEC Legacy system with Administrative Data
Repository. Item 2 will include that employees are required to have
completed ``VA Privacy and Information Security Awareness and Rules of
Behavior (VA 10176)'' training, and ``Privacy and HIPAA Focused
Training (VA 10203)'' to request and be granted access to the
Enrollment Systems. There is also a user agreement notification that
all users must attest to.
The Report of Intent to Amend a System of Records Notice and an
advance copy of the system notice have been sent to the appropriate
Congressional committees and to the Director of the Office of
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Dominic A.
Cussatt, Acting Assistant Secretary of Information and Technology and
Chief Information Officer, approved this document on July 2, 2021 for
publication.
[[Page 46092]]
Dated: August 11, 2021.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Enrollment and Eligibility Records-VA (147VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Health Eligibility Center (HEC) in
Atlanta, Georgia; the Austin Information Technology Center (AITC) in
Austin, Texas; at each VA health care facility as described in the VA
system of records entitled ``Patient Medical Records-VA'' (24VA10A7);
and at the Veteran Health Identification Card (VHIC) located at the
AITC and 3M Cogent, Inc. Electronic and magnetic records are also
stored at contracted facilities for storage and back-up purposes.
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Deputy Under
Secretary for Health and Operations, VHA Member Services (10NF), VA
Central Office, 810 Vermont NW, Washington, DC 20420. Official
maintaining the system: Director, Health Eligibility Center, 2957
Clairmont Road, Atlanta, GA 30329.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 28, United States Code, title 38, U.S.C., sections 501(a),
1705, 1710, 1722, and 5317.
PURPOSE(S) OF THE SYSTEM:
Information in this system of records is used to establish and
maintain applicants' records necessary to support the delivery of
health care benefits; establish applicants' eligibility for VA health
care benefits; operate an annual enrollment system; provide eligible
Veterans with an identification card; collect from an applicant's
health insurance provider for care of their nonservice--connected
conditions; provide educational materials related to VA health care
benefits, respond to Veteran and non-Veteran inquiries related to VA
health care benefits, and compile management reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records contain information on individuals who have applied for
or who have received VA health care benefits under Title 38 United
States Code (U.S.C.), Chapter 17, the records also include Veterans,
non-Veterans, caregivers, their spouses, dependents, and survivors as
provided for in other provisions of Title 38, U.S.C or VA's Fourth
Mission.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system may include: Medical
benefit applications; eligibility and enrollment information, to
include information obtained from Veterans Benefits Administration's
automated records, such as the ``Compensation, Pension, Education and
Rehabilitation Records-VA'' (58VA21/22), and VHIC information including
applicant's name, address(es), date of birth, Member ID number--which
is Department of Defense's Electronic Data Interchange Personal
Identifier (EDIPI), Plan ID, special awards and Branch of Service,
Internal Control Number (ICN), applicant's image, preferred facility
and facility requesting a VHIC, names, addresses and phone numbers of
persons to contact in the event of a medical emergency, family
information including spouse and dependent(s) name(s), address(es) and
Social Security Number; applicant and spouse's employment information,
including occupation, employer(s) name(s) and address(es); financial
information concerning the applicant and the applicant's spouse
including family income, assets, expenses, debts; third party health
plan contract information, including health insurance carrier name and
address, policy number and time period covered by policy; facility
location(s) where treatment is provided; type of treatment provided
(i.e., inpatient or outpatient); information about the applicant's
military service (e.g., dates of active duty service, dates and branch
of service, and character of discharge, combat service dates and
locations, military decorations, POW status and military service
experience including exposures to toxic substances); information about
the applicant's eligibility for VA compensation or pension benefits,
and the applicant's enrollment status and enrollment priority group.
These records also include, but are not limited to, individual
correspondence provided to the HEC by Veterans, their family members
and Veterans' representatives, such as Veteran Service Officers (VSO);
copies of death certificates; DD Form 214, ``Certificate of Release or
Discharge from Active Duty''; disability award letters; VA and other
pension applications; VA Form 10-10EZ, ``Application for Health
Benefits''; VA Form 10-10EZR, ``Health Benefits Renewal''; VA Form 10-
10EC, ``Application for Extended Care Services''; and workers
compensation forms.
RECORD SOURCE CATEGORIES:
Information in the systems of records may be provided by the
applicant; applicant's spouse or other family members or accredited
representatives or friends; Veterans, health insurance carriers; other
Federal agencies; ``Patient Medical Records-VA'' (24VA10A7) system of
records; ``Veterans Health Information System and Technology
Architecture (VistA) Records-VA'' (79VA10); ``Income Verification
Records-VA'' (89VA10NB); and Veterans Benefits Administration automated
record systems, including ``Veterans and Beneficiaries Identification
and Records Location Subsystem-VA'' (38VA23) and the ``Compensation,
Pension, Education and Rehabilitation Records-VA'' (58VA21/22).
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 may not 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. VA may disclose information relevant to a claim of a Veteran or
beneficiary, such as the name, address, the basis and nature of a
claim, amount of benefit payment information, medical information, and
military service and active duty separation information, only at the
request of the claimant to accredited service organizations, VA-
approved claim agents, and attorneys acting under a declaration of
representation, so that these individuals can aid claimants in the
preparation, presentation, and prosecution of claims under the laws
administered by VA.
2. VA may disclose information that, either alone or in conjunction
with other information, indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, to a Federal,
state, local, territorial, tribal, or foreign law enforcement authority
or other appropriate entity charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing such law. The disclosure
[[Page 46093]]
of the names and addresses of Veterans and their dependents from VA
records under this routine use must also comply with the provisions of
38 U.S.C. 5701.
3. VA may disclose information in the course of presenting evidence
to a court, magistrate, or administrative tribunal; in matters of
guardianship, inquests, and commitments; to private attorneys
representing Veterans rated incompetent in conjunction with issuance of
Certificates of Incompetency; and to probation and parole officers in
connection with court-required duties.
4. VA may disclose information to a fiduciary or guardian ad litem
in relation to his or her representation of a claimant in any legal
proceeding as relevant and necessary to fulfill the duties of the
fiduciary or guardian ad litem.
5. VA may disclose information to attorneys, insurance companies,
employers, third parties liable or potentially liable under health plan
contracts, and courts, boards, or commissions as relevant and necessary
to aid VA in the preparation, presentation, and prosecution of claims
authorized by law.
6. VA may disclose information to the Department of Justice (DoJ),
or in a proceeding before a court, adjudicative body, or other
administrative body before which VA is authorized to appear, when:
(e) VA or any component thereof;
(f) Any VA employee in his or her official capacity;
(g) Any VA employee in his or her official capacity where DoJ has
agreed to represent the employee; or
(h) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
7. VA may disclose information to NARA in records management
inspections conducted under 44 U.S.C. 2904 and 2906, or other functions
authorized by laws and policies governing NARA operations and VA
records management responsibilities.
8. VA may disclose name(s) and address(es) of present or former
members of the armed services or their beneficiaries: (1) To a
nonprofit organization if the release is directly connected with the
conduct of programs and the utilization of benefits under Title 38, or
(2) 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 for
such name(s) or address(es) be provided for a purpose authorized by
law, provided that the records 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).
9. VA may disclose information as is reasonably necessary to
identify such individual or concerning that individual's indebtedness
to the United States by virtue of the person's participation in a
benefits program administered by the Department, to a consumer
reporting agency for the purpose of locating the individual, obtaining
a consumer report to determine the ability of the individual to repay
an indebtedness to the United States, or assisting in the collection of
such indebtedness, provided that the provisions of 38 U.S.C.
57019(g)(2) and (4) have been met.
10. VA may disclose information to contractors, grantees, experts,
consultants, students, and others performing or working on a contract,
service, grant, cooperative agreement, or other assignment for VA, when
reasonably necessary to accomplish an agency function related to the
records.
11. VA may disclose information to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of, and at the request of, the individual who is
the subject of the record.
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 disclose any information or records to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons reasonably necessary to assist in connection with VA efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
14. VA may disclose identifying information, including Social
Security Number of Veterans, spouse(s) of Veterans, dependents of
Veterans, and non-Veterans may be disclosed to other Federal and/or
State agencies for purposes of conducting computer matches, to obtain
information to determine or verify eligibility of Veterans or non-
Veterans who are receiving VA benefits or medical care under Title 38
U.S.C. or VA's Fourth Mission.
15. VA may disclose the name and VHIC image of a missing patient
from a VA health care facility to local law enforcement for the purpose
of assisting in locating the missing patient.
16. VA may disclose information from this system to another Federal
agency or Federal entity, when VA determines that information from this
system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained on magnetic tape, magnetic disk, optical
disk and paper at the HEC, VHIC databases, VA medical centers, the 3M
Cogent, Inc. databases, AITC, contract facilities, and at Federal
Record Centers. In most cases, copies of back-up computer files are
maintained at off-site locations and/or agencies with whom VA has a
contract or agreement to perform such services, as VA may deem
practicable.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name, and/or Social Security Number, ICN,
EDIPI, military service number, claim folder number, correspondence
tracking number, internal record number, facility number, or other
assigned identifiers of the individuals on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Per Records Control Schedule (RCS) 10-1 January 2020; use Health
Eligibility Center disposition schedules 1250.1, 1250.2 and 1250.3. For
1250.1, destroy 7 years after the income year for which the means test
verification was conducted, when all phases of Veteran's appeal rights
have ended. If an appeal is filed, retain record until all phases of
the appeal have ended; 1250.2, destroy 30 days after the data has been
validated as being a true copy of the original data; and 1250.3,
destroy when no longer needed.
[[Page 46094]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Data transmissions between VA health care facilities, the Health
Eligibility Center (HEC), the AITC, 3M Cogent, Inc. databases are
accomplished using the Department's secure wide area network. The
software programs automatically flag records or events for transmission
based upon functional requirements. Server jobs at each facility run
continuously to check for data to be transmitted and/or incoming data
which needs to be parsed to files on the receiving end. All messages
containing data transmissions include header information that is used
for validation purposes. The recipients of the messages are controlled
and/or assigned to the mail group based on their role or position.
Consistency checks in the software are used to validate the
transmission and electronic acknowledgment messages are returned to the
sending application. VA's Office of Cyber Security has oversight
responsibility for planning and implementing computer security.
2. Working spaces and record storage areas at HEC, Austin
Information Technology Center, and the Veteran Health Identification
Card (VHIC) processing locations are secured during all business hours,
as well as during non-business hours. All entrance doors require an
electronic pass card, for entry when unlocked, and entry doors are
locked outside normal business hours. Visitors to the HEC are required
to present identification, sign-in at a specified location, and are
issued a pass card that restricts access to non-sensitive areas.
Visitors to the HEC are escorted by staff through restricted areas. At
the end of the visit, visitors are required to turn in their badge. The
building is equipped with an intrusion alarm system, which is activated
during non-business hours. This alarm system is monitored by a private
security service vendor. The office space occupied by employees with
access to Veteran records is secured with an electronic locking system,
which requires a card for entry and exit of that office space. 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.
3. Access to the VHIC contractor secured work areas is also
controlled by electronic entry devices, which require a card and manual
input for entry and exit of the production space. The VHIC contractor's
building is also equipped with an intrusion alarm system and a security
service vendor monitors the system.
4. Contract employees are required to sign a Business Associates
Agreement as required by the Health Insurance Portability and
Accountability Act (HIPAA) Privacy Rule as acknowledgement of mandatory
provisions regarding the use and disclosure of protected health
information. Employee and contractor access is deactivated when no
longer required for official duties or upon termination of employment.
Recurring monitors are in place to ensure compliance with nationally
and locally established security measures.
5. Beneficiary's enrollment and eligibility information is
transmitted from the Enrollment and Eligibility information system to
VA health care facilities over the Department's secure computerized
electronic communications system.
6. Only specific key staff have authorized access to the computer
room. Programmer access to the information systems is restricted only
to staff whose official duties require that level of access.
7. On-line data reside on magnetic media in the HEC and AITC
computer rooms that are highly secured. Backup media are stored in the
computer room within the same building and only information system
staff and designated management staff have access to the computer room.
On a weekly basis, backup media are stored in off-site storage by a
media storage vendor. The vendor picks up and returns the media in a
locked storage container; vendor personnel do not have key access to
the locked container. The AITC has established a backup plan for the
Enrollment system as part of a required Certification and Accreditation
of the information system.
8. Any sensitive information that may be downloaded to personal
computers or printed to hard copy format is provided the same level of
security as the electronic records. All paper documents and informal
notations containing sensitive data are shredded prior to disposal. All
magnetic media (primary computer system) and personal computer disks
are degaussed prior to disposal or release off-site for repair. The
VHIC contractor destroys all Veteran identification data 30 days after
the VHIC card has been mailed to the Veteran in accordance with
contractual requirements.
9. All new HEC employees receive initial information security and
privacy training; refresher training is provided to all employees on an
annual basis. The HEC's Information Security Officer performs an annual
information security audit and periodic reviews to ensure security of
the system. This annual audit includes the primary computer information
system, the telecommunication system, and local area networks.
Additionally, the Internal Revenue Service performs periodic on-site
inspections to ensure the appropriate level of security is maintained
for Federal tax data.
10. Identification codes and codes used to access Enrollment and
Eligibility information systems and records systems, as well as
security profiles and possible security violations, are maintained on
magnetic media in a secure environment at the Center. For contingency
purposes, database backups on removable magnetic media are stored off-
site by a licensed and bonded media storage vendor.
11. Contractors, subcontractors, and other users of the Enrollment
and Eligibility Records systems will adhere to the same safeguards and
security requirements to which HEC staff must comply.
ACCESS:
1. In accordance with national and locally established data
security procedures, access to enrollment information databases
(Administrative Data Repository) is controlled by unique entry codes
(access and verification codes). The user's verification code is
automatically set to be changed every 90 days. User access to data is
controlled by role-based access as determined necessary by supervisory
and information security staff as well as by management of option menus
available to the employee. Determination of such access is based upon
the role or position of the employee and functionality necessary to
perform the employee's assigned duties.
2. Employees are required to have completed ``VA Privacy and
Information Security Awareness and Rules of Behavior (VA 10176)''
training, and ``Privacy and HIPAA Focused Training (VA 10203)'' to
request and be granted access to the Enrollment Systems. There is also
a user agreement notification that all users must attest to,
acknowledging understanding of privacy and confidentiality requirements
before gaining access to the system. In addition, all employees receive
annual privacy awareness and information security training. Access to
electronic records is deactivated when no longer required for official
duties. Recurring monitors are in place to ensure compliance with
nationally and locally established security measures.
[[Page 46095]]
3. Users access to the VHIC database utilizes the national NT
network authentication infrastructure. The external VHIC vendor
utilizes the One-VA Virtual Private Network secured connection for
access to VHIC records.
4. Strict control measures are enforced to ensure that access to
and disclosure from all records is limited to VA and the contractor's
employees whose official duties warrant access to those files.
5. As required by the provisions of the HIPAA Privacy Rule, 45 CFR
parts 160 and 164, access to records by HEC employees is classified
under functional category ``Eligibility and Enrollment Staff.''
RECORD ACCESS PROCEDURES:
Individuals seeking information regarding access to and contesting
of Enrollment and Eligibility Records may write to the Director, Health
Eligibility Center, 2957 Clairmont Road, Atlanta, GA 30329.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURES:
Any 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 Health Eligibility
Center. All inquiries must reasonably identify the records requested.
Inquiries should include the individual's full name, Social Security
number, military service number, claim folder number and return
address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 81 FR 45597 dated July 14, 2016.
[FR Doc. 2021-17528 Filed 8-16-21; 8:45 am]
BILLING CODE P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.