Notice2023-10729
Privacy Act of 1974; System of Records
Primary source
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Published
May 19, 2023
Issuing agencies
Veterans Affairs Department
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, "National Prosthetic Patient Database (NPPD)-VA" (33VA113) as set forth in the Federal Register. This system is used to furnish administrative and clinical statistical procurement and prescription information, including total cost and summary of activity, including equipment usage, data to VA and other health care providers, both Federal and non-Federal, to aid in furthering the improvement of health care, research, and education.
Full Text
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<title>Federal Register, Volume 88 Issue 97 (Friday, May 19, 2023)</title>
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[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32296-32298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10729]
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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, ``National Prosthetic Patient Database (NPPD)-VA''
(33VA113) as set forth in the Federal Register. This system is used to
furnish administrative and clinical statistical procurement and
prescription information, including total cost and summary of activity,
including equipment usage, data to VA and other health care providers,
both Federal and non-Federal, to aid in furthering the improvement of
health care, research, and education.
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 the VA, the
modified system of records will become effective 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 ``National Prosthetic Patient Database (NPPD)-VA''
(33VA113). 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; <a href="/cdn-cgi/l/email-protection#c7b4b3a2b7afa6a9aea6e9a0b5aea1a1aea987b1a6e9a0a8b1"><span class="__cf_email__" data-cfemail="2d5e59485d454c43444c034a5f444b4b44436d5b4c034a425b">[email protected]</span></a>;
telephone (704) 245-2492 (Note: this is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA is amending the system of records by
revising the System Name; System Number; System Location, System
Manager, Records Source Categories, Routine Uses of Records Maintained
in the System, Policies and Practices for Retention and Disposal of
Records, and Administrative, Technical and Physical Safeguards. VA is
republishing the system notice in its entirety.
The System Name is being updated from ``National Prosthetic Patient
Database (NPPD)-VA'' to ``National Prosthetic Patient Records-VA''.
The System Number is being updated from 33VA113 to 33VA10 to
reflect the current VHA organizational routing symbol.
The System Location and the Administrative, Technical and Physical
Safeguards sections are being updated to replace Austin Automation
Center (AAC) with Austin Information Technology Center (AITC).
The System Manager is updated to replace Chief Consultant,
Prosthetic and Sensory Aids Service Strategic Healthcare Group (113),
with Executive Director, Prosthetic and Sensory Aids Service.
The Records Source Categories is being updated to replace 79VA19
with 79VA10, and 24VA19 is replaced with 24VA10A7.
The language in Routine Use #6 is being updated. It previously
stated 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 and that
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 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.
Routine use #11 is being added to state, ``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 Retention and Disposal of Records is
being updated to remove ``Regardless of the
[[Page 32297]]
record medium, records will be maintained and disposed of in accordance
with the record disposition authority approved by the Archivist of the
United States under National Archives Job No. N1-15-01-4.'' This
section is updated to state that NPPD records will be maintained and
disposed of in accordance with Records Control Schedule (RCS) 10-1,
7700.4, temporary disposition; Cutoff at the end of fiscal year in
which prosthetic procedure was concluded. Delete 3 years after cutoff.
(N1-15-01-4, 11/17/03, item 1)
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. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on April 5, 2023 for
publication.
Dated: May 16, 2023.
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:
``National Prosthetic Patient Records-VA'' (33VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located within Department of Veterans Affairs (VA)
medical center databases. Extracts are maintained at the Austin
Information Technology Center (AITC), Austin, Texas, and Hines
Information Service Center, Hines, Illinois. VA health care facility
address locations are listed in VA Appendix I of the Biennial Privacy
Act Issuances publication.
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Penny Nechanicky,
Executive Director, Prosthetic and Sensory Aids Service, VA Central
Office, 810 Vermont Avenue NW, Washington, DC 20420. Telephone number
202-461-4239 (this is not a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 527.
PURPOSE(S) OF THE SYSTEM:
The purpose of these records is to furnish administrative and
clinical statistical procurement and prescription information,
including total cost and summary of activity, including equipment
usage, data to VA and other health care providers, both Federal and
non-Federal, to aid in furthering the improvement of health care,
research, and education.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include information concerning contracted fabricators
of prosthetic and orthotic appliances; vendors and manufacturers of
durable medical equipment and sensory-neural aids; medical supply
companies; VA beneficiaries; and VA employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information related to: VA field facility
ordering the orthotic device; Patient Identification Number; Health
Care Financing Administration Common Procedure Coding System (HCPCS);
item purchased/issued to patient; cost; quantity; type of issue
(initial/replace/repair/spare); patient eligibility category (service-
connected, prisoner of war, aid and attendance); responsible VA
procurement officer or representative; order creation date; order
close/delivery date; calculated processing days; transaction/purchase
order number; type of form used to purchase item (VAF 2421, PC2421, VAF
2529, VAF 2914, etc.); and vendor/contractor name. All other patient
information, i.e., name, address, telephone number, can be retrieved by
prosthetic program officials in VA Central Office by using the unique
Patient Identification Number assigned to the patient in NPPD.
RECORD SOURCE CATEGORIES:
Record sources include Veterans Health Information System and
Technology Architecture (VistA)-VA (79VA10), Patient Medical Records-VA
(24VA10A7), and Veterans' records.
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 of VHA or any of its business
associates, and 38 U.S.C. 7332; i.e., medical treatment information
related to drug abuse, alcoholism or alcohol abuse, sickle cell anemia,
or infection with the human immunodeficiency virus, that information
cannot be disclosed under a routine use unless there is also specific
statutory authority in both 38 U.S.C. 7332 and CFR parts 160 and 164
permitting disclosure.
1. Law Enforcement: 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,
provided that the disclosure is limited to 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. The disclosure 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.
2. VA may disclose information to furnish administrative and
clinical statistical procurement and prescription information,
including total cost and summary of activity, including equipment
usage, data to VA and other health care providers, both Federal and
non-Federal, to aid in furthering the improvement of health care,
research and education.
3. VA may disclose information to provide statistical and other
information in response to legitimate and reasonable requests as
approved by appropriate VA authorities.
4. Congress: 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.
5. NARA: To the National Archives and Records Administration (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.
6. DOJ, Litigation, Administrative Proceeding: 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;
[[Page 32298]]
(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.
7. Contractors: 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.
8. Federal Agencies, Fraud and Abuse: To other Federal agencies to
assist such agencies in preventing and detecting possible fraud or
abuse by individuals in their operations and programs.
9. Data Breach Response and Remediation, for VA: 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 is 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.
10. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings: To another Federal agency, court, or party
in litigation before a court or in an administrative proceeding
conducted by a Federal agency, when the government is a party to the
judicial or administrative proceeding.
11. Data Breach Response and Remediation, for Another Federal
Agency: 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 compact and magnetic disk.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are retrieved and indexed by Patient
Identification Number for VA prosthetic personnel.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
NPPD records will be maintained and disposed of in accordance with
Records Control Schedule (RCS) 10-1, 7700.4, temporary disposition;
Cutoff at the end of fiscal year in which prosthetic procedure was
concluded. Delete 3 years after cutoff. (N1-15-01-4, 11/17/03, item 1)
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need to know'' basis. Generally, VA file areas are
locked after normal duty hours and are protected from outside access by
the Federal Protective Service. Strict control measures are enforced to
ensure that disclosure is limited to a ``need to know'' basis. Physical
access to the AITC is generally restricted to AITC staff, 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.
2. Access to computer rooms at health care facilities is generally
limited by appropriate locking devices and restricted to authorized VA
employees and vendor personnel. Automated data processing peripheral
devices are placed in secure areas (areas that are locked or have
limited access) or are otherwise protected. Information in the VistA
may be accessed by authorized VA employees. Access to file information
is controlled at two levels; the systems recognize authorized employees
by a series of individually-unique passwords/codes as a part of each
data message, and the employees are limited to only that information in
the file which is needed in the performance of their official duties.
Access to information stored on automated storage media at other VA
locations is controlled by individually-unique passwords/codes.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of a
VA prosthetic-related record in this system pertaining to them should
contact the system manager in writing as indicated above or may write
or visit the VA facility location where they normally receive their
care.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should contact the system manager in writing as
indicated above or inquire in person at the VA health care facility
they normally receive their care. A request to contest or amend records
must state clearly and concisely what record is being contested, the
reasons for contesting it, and the proposed amendment to the record.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
40 FR 38095 (August 26, 1975), 66 FR 20033 (April 18, 2001) 70 FR
3980 (January 27, 2005).
[FR Doc. 2023-10729 Filed 5-18-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on May 19, 2023.
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.