Notice2023-13680
Privacy Act Of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that the VA is modifying the system of records entitled, "Blood Donor Information-VA" (04VA10P4D) as set forth in the Federal Register. This system is used to track donor medical history, donation intervals, results of donor testing, as well as report positive or abnormal test results, blood and hematopoietic progenitor cells (HPC) and/or blood components produced from the donation.
Full Text
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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 42010-42012]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13680]
[[Page 42010]]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act Of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Health
Administration (VHA).
ACTION: Notice of a Modified System of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the VA is modifying the system of records entitled, ``Blood Donor
Information-VA'' (04VA10P4D) as set forth in the Federal Register. This
system is used to track donor medical history, donation intervals,
results of donor testing, as well as report positive or abnormal test
results, blood and hematopoietic progenitor cells (HPC) and/or blood
components produced from the donation.
DATES: Comments on this amended 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, (005X6F),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Blood Donor Information-VA'' (04VA10P4D). Comments
received will be available at <a href="http://www.Regulations.gov">www.Regulations.gov</a> for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Chief Privacy
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420; 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; Categories of Records in the System; Records Source
Categories; Routine Uses of Records Maintained in the System; Policies
and Practices for Retrieval of Records; 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 ``Blood Donor Information-
VA'' to ``Blood Product and Information-VA''
The System Number is being updated from 04VA10P4D to 04VA10 to
reflect the current VHA organizational routing symbol.
The System Location is being updated to include ``HPC (stem cells)
records are maintained at the South Texas VA Health Care System.'' The
System Manager is updated to replace ``Chief Consultant, Diagnostic
Services (10P4D)'', with ``Executive Director, Pathology and Laboratory
Medicine. Telephone number 858-642-3511 (this is not a toll-free
number).''
The Purpose of the System, Categories of Records in the System, and
Policies and Practices for Retrieval of Records are being modified to
include ``HPC'' or ``HPC (stem cells).''
The Records Source Categories is being updated to include: ``5. HPC
counts.'' ``6. VA information systems, such as the Veterans Health
Information System and Technology Architecture (VistA).''
Routine Use #2 is being updated to reflect the following language,
``Referral to Non-VA Health Care Provider: To a non-VA health care
provider or institution when VA refers a patient for medical service.
These disclosures may be made: blood availability, location, quantity
on hand, and blood type for use by the area donor collection
coordinators to answer and fill requests from health care facilities in
need of type-specific blood. For HPC products, disclosure from bone
marrow transplant physicians for the availability, transfer and
infusion of stored products.''
Routine Use #5 is being deleted and updated as it is duplicative of
Routine Use #6. Routine Use #5 is being updated to state ``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.''
Policies and Practices for Retention and Disposal of Records being
updated to remove ``Section VIII-Laboratory Services of the VHA Records
Control Schedule 10-1, Item number 113-31/36, National Archives and
Records Administration under the National Archives Job No. N1-15-02-
04.'' This section is being updated to state, ``The records are
disposed of in accordance with VHA Records Control Schedule 10-1, Item
Number 7100.1-7100.27.''
Administrative, Technical and Physical Safeguards is being updated
to remove, ``Employees file records and file records of public figures
or otherwise sensitive medical record files are stored in separate
locked files,'' from #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 May 10, 2023 for
publication.
Dated: June 22, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
``Blood Product and Information-VA'' (04VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Blood donor records are maintained at VA health care facilities
that currently or previously collected blood donations. Hematopoietic
Progenitor Cells (HPC) (stem cells) records are maintained at the South
Texas VA Health Care System. Addresses are listed in VA Appendix I of
the biennial publication of Privacy Act Issuances.
SYSTEM MANAGER(S):
Executive Director, Pathology and Laboratory Medicine, Department
of
[[Page 42011]]
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420.
Telephone number 858-642-3511 (this is not a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501; 21 CFR 200-299, 600-680; 42 CFR 493.1105.
PURPOSE(S) OF THE SYSTEM:
The purpose of these records is to track donor and patient medical
history, donation intervals, results of infectious disease testing, as
well as reporting positive or abnormal test results for HPC and/or
blood components produced from the donation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
These records include information on individuals who donate or have
donated blood or HPC products at a VHA health care facility or blood
bank for patient care.
CATEGORIES OF RECORDS IN THE SYSTEM:
The blood donor and HPC records may contain sufficient information
(i.e., donor name, Social Security number, or other unique identifier,
date of donation, and type of donation, type of components produced by
the donation, mandated tests results, and disposition of the HPC, blood
or blood component) to provide a mechanism to track a blood or HPC
product from the time of donor or patient registration through the
final disposition of each prepared blood product or HPC from that
donation. For this system of records, final disposition is defined as
transferred, transfused, or discarded.
RECORD SOURCE CATEGORIES:
Record sources include the following:
1. Blood donor. 2. Private hospitals and local blood banks. 3.
Private physicians. 4. Non-VA Laboratories. 5. HPC counts. 6. VA
information systems, such as VistA.
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
disclosure authority in both 38 U.S.C. 7332 and 45 CFR parts 160, 161,
and 164.
1. Blood or HPC Source: To Federal, State, local, and tribal
medical facilities regarding the source from which blood or HPC was
received. Such requests may be initiated by a qualified medical
practitioner in the event that a donor's or patient's medical condition
warrants it.
2. Non-VA Health Care Provider: To a non-VA health care provider or
institution when VA refers a patient for medical service. These
disclosures may be made: blood availability, location, quantity on
hand, and blood type for use by the area donor collection coordinators
to answer and fill requests from health care facilities in need of
type-specific blood. For HPC products, disclosure from bone marrow
transplant physicians for the availability, transfer and infusion of
stored products.
3. 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.
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. 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.
6. National Archives and Records Administration (NARA): 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.
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. Department of Justice (DOJ), Litigation, Administrative
Proceeding: To 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 individual 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.
9. Federal Agencies, Fraud and Abuse: To other Federal agencies in
order to assist such agencies in preventing and detecting possible
fraud or abuse by individuals in their operations and programs.
10. 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 paper documents and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
1. All manual records in this system are retrieved by name and
social security number or other unique identifier of donor, cross-
indexed by blood type. 2. All electronic records in this system are
retrieved by name, unique identifier, social security number, blood
type, antibodies and date of last donation.
[[Page 42012]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this system are retained and disposed of in
accordance with the schedule approved by the Archivist of the United
States, VHA Records Control Schedule 10-1, Item number 7100.1-7100.27.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Access to VA working space and record 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.
2. Strict control measures are enforced to ensure that access to
and disclosure of all records, including electronic files, are limited
to VA employees whose official duties warrant access to those files.
The system recognizes authorized employees by a series of individually
unique passwords/codes and the employees are limited to only that
information in the file which is needed in the performance of their
official duties.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of
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 where medical service was provided or volunteered.
A request for access to records must contain the requester's full name,
address, telephone number, be signed by the requester, and describe the
records sought in sufficient detail to enable VA personnel to locate
them with a reasonable amount of effort.
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
where 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 PROCEDURE:
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:
66 FR 20860 (April 25, 2001), 73 FR 74574 (December 8, 2008), 80 FR
58815 (September 30, 2015).
[FR Doc. 2023-13680 Filed 6-27-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on June 28, 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.