Notice2023-16020
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
July 28, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that VA is modifying the system of records entitled, "Community Residential Care and Medical Foster Home Programs-VA" (142VA114). This system is used for determining a potential facility's initial eligibility and ongoing participation in the program, provision of medical and psycho-social services to Veterans, operation of the programs, and information required by VA Medical Centers to complete quarterly statistical reports.
Full Text
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<title>Federal Register, Volume 88 Issue 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48958-48961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16020]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Health Administration (VHA), Department of Veterans
Affairs (VA).
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 VA is modifying the system of records entitled, ``Community
Residential Care and Medical Foster Home Programs-VA'' (142VA114). This
system is used for determining a potential facility's initial
eligibility and ongoing participation in the program, provision of
medical and psycho-social services to Veterans, operation of the
programs, and information required by VA Medical Centers to complete
quarterly statistical reports.
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 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 ``Community Residential Care and Medical Foster Home
Programs-VA'' (142VA114). 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, VHA Chief Privacy
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW,
(105HIG) Washington, DC 20420; telephone 704-245-2492 (Note: This is
not a toll-free number) or <a href="/cdn-cgi/l/email-protection#f18285948199909f9890df9683989797989fb18790df969e87"><span class="__cf_email__" data-cfemail="c4b7b0a1b4aca5aaada5eaa3b6ada2a2adaa84b2a5eaa3abb2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: VA is amending the system of records by
revising the System Number; System Location; System Manager; Categories
of Records in the System; 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 Number is being updated from 142VA114 to 142VA10 to
reflect the current VHA organizational routing symbol.
The System Location will be updated to replace VA Data Processing
Center, with Austin Information Technology Center (AITC). Also being
added, Community Residential Care (CRC) locations are listed in VA
Appendix 5. Medical Foster Home (MFH) programs have been established or
are in development at all VA health care facilities.
The System Manager is being updated to include Director, Home and
Community Based Programs. Telephone number 202-632-8321. (Note: This is
not a toll-free number).
The Categories of Records in the System is being updated to include
operators and staff of CRC and MFH Homes.
The language in Routine Use number 4 is being updated. It
previously reflected the following language, ``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.''
Routine Use number 4 will now read as follows, ``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 number 15 is being added 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 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 is
being updated to remove ``Paper records and information are maintained
and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.'' This section is being
updated to state that Records are scheduled in accordance with Records
Control Schedule (RCS) 10-1, 6110.4, temporary disposition; Destroy
approved applications 1 year after home withdraws from program. Destroy
disapproved applications after 5 years.
Administrative, Technical and Physical Safeguards is being updated
to replace Austin VA Data Processing Center with Austin Information
Technology Center (AITC).
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 Circular No. A-108, Federal Agency
Responsibilities for Review, Reporting, and Publication Under the
Privacy Act, 81 FR 94424 (December 23, 2016).
[[Page 48959]]
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 June 19, 2023 for
publication.
Dated: July 25, 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:
``Community Residential Care and Medical Foster Home Programs-VA''
(142VA10).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at selected VA health care facilities that
have Community Residential Care (CRC) and Medical Foster Home (MFH)
Programs (in most cases, back-up computer tape information is stored at
the Austin Information Technology Center (AITC), 1615 East Woodward
Street, Austin, Texas 78772). Address locations for VA facilities are
listed in VA Appendix 1. CRC locations are listed in VA Appendix 5. MFH
programs have been established or are in development at all VA health
care facilities. In addition, information from these records or copies
of records may be maintained at the Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC, Austin Information Technology Center
(AITC), and Veterans Integrated Service Network (VISN) Offices.
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Director, Home
and Community Based Programs, Office of Geriatrics and Extended Care,
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420. Telephone number 202-632-8321. (Note: This is not a toll-free
number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C 1730.
PURPOSE(S) OF THE SYSTEM:
The records and information may be used for determining a potential
non-VA facility's initial eligibility and ongoing participation in the
program, provision of medical and psycho-social services to Veterans,
operation of the programs, and information required by VA health care
facility to complete quarterly statistical reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
These records include information concerning Veterans who reside in
CRC or MFH homes. In addition, the records include information on the
operators and staff of these homes.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records may include information on operators and staff of CRC
and MFH Homes related to:
1. Applications, background checks, agreements with Veterans,
educational programs, driver's licenses, health screenings, etc.
2. Home inspection reports, corrective plans of action, emergency
plans, correspondence and hearing documents.
3. Personal identifiers (including name, date of birth, financial
information, pictures, etc.)
These records may include information on Veterans who reside in CRC
and MFH Homes related to:
1. Personal identifiers (including name, date of birth, Social
Security Number, VA claim number, financial information, pictures) and
health records.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by individuals
requesting participation in the CRC and MFH programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
To the extent that records contained in the system include
information protected by 38 U.S.C. 7332, i.e., medical treatment
information related to drug abuse, alcoholism or alcohol abuse, sickle
cell anemia, or infection with the human immunodeficiency virus, or 45
CFR parts 160 and 164, i.e., individually identifiable health
information of VHA or any of its business associates, that information
cannot be disclosed under a routine use unless there is also specific
statutory authority in those provisions.
1. 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.
2. National Archives and Records Administration (NARA): To the 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. 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.
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. Department of Justice (DoJ), Litigation, Administrative
Proceeding: To the 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.
5. 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.
6. 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.
7. Data Breach Response and Remediation, for Another Federal
Agency: To another Federal agency or
[[Page 48960]]
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.
8. Federal Agencies, for Computer Matches: To other Federal
agencies for the purpose of conducting computer matches to obtain
information to determine or verify eligibility of Veterans receiving VA
benefits or medical care under Title 38, U.S.C.
9. Health Care Providers, for Referral by VA: To: (1) a Federal
agency or health care provider when VA refers a patient for medical and
other health services, or authorizes a patient to obtain such services
and the information is needed by the Federal agency or health care
provider to perform the services; or (2) a Federal agency or to health
care provider under the provisions of 38 U.S.C. 513, 7409, 8111, or
8153, when treatment is rendered by VA under the terms of such contract
or agreement or the issuance of an authorization, and the information
is needed for purposes of medical treatment or follow-up, determination
of eligibility for benefits, or recovery by VA of the costs of the
treatment.
10. Office of Management and Budget (OMB): To OMB for the
performance of its statutory responsibilities for evaluating Federal
programs.
11. Guardians Ad Litem, for Representation: 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.
12. Guardians, Courts, for Incompetent Veterans: To a court,
magistrate or administrative tribunal in the course of presenting
evidence; 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.
13. Claims Representatives: At the request of the claimant, i.e.,
Veteran or their beneficiary, to accredited service organizations, VA-
approved claim agents, and attorneys acting under a declaration of
representation, 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, so that these
individuals can aid claimants in the preparation, presentation, and
prosecution of claims under the laws administered by VA.
14. Nursing Home, for Pre-Admission Screening: To a non-VA nursing
home facility that is considering the patient for admission, when
information concerning the individual's medical care is needed for the
purpose of preadmission screening under 42 CFR 483.20(f) to identify
patients who are mentally ill or mentally retarded so they can be
evaluated for appropriate placement.
15. 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 STORAGE OF RECORDS:
Records are maintained on computers, paper and removable, or
external hardware.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name, Social Security Number or other
assigned identifiers of the individuals on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with Records Control Schedule (RCS) 10-1, 6110.4,
temporary disposition; approved applications are destroyed 1 year after
home withdraws from program, and disapproved applications are destroyed
after 5 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need-to- know'' basis; strict control measures are
enforced to ensure that disclosure to these individuals is also based
on this same principle. Generally, VA file areas are locked after
normal duty hours and the facilities are protected from outside access
by the Federal Protective Service or other security personnel.
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 VistA may be
accessed by authorized VA employees. Access to file information is
controlled at two levels; the systems recognize authorized employees by
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.
Information that is downloaded from VistA and maintained on personal
computers is afforded similar storage and access protections as the
data that is maintained in the original files. Access to information
stored on automated storage media at other VA locations is controlled
by individually unique passwords/codes.
3. Access to the AITC is generally restricted to Center employees,
custodial personnel, Federal Protective Service, and other security
personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic locking devices. All other
persons gaining access to computer rooms are escorted. Information
stored in the computer may be accessed by authorized VA employees at
remote locations including VA health care facilities, Information
Systems Centers, VA Central Office, and VISNs. Access is controlled by
individually unique passwords/codes which must be changed periodically
by the employee.
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 write or visit the VA facility
location where they normally receive their care. A request for access
to records must contain the requester's full name, address and
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
[[Page 48961]]
manager in writing as indicated above. 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:
76 FR 67561 (November 1, 2011).
VA Appendix 5
Community Residential Care Programs
Birmingham, AL; Tuscaloosa, AL; Tuskegee, AL; Fayetteville, AR;
Little Rock, AR; Loma Linda, CA; Long Beach, CA; Los Angeles, CA;
San Diego, CA; Washington, DC; Wilmington, DE; Bay Pines, FL;
Gainesville, FL; Jacksonville, FL; Pensacola, FL; Tampa, FL; West
Palm Beach, FL; Atlanta, GA; Augusta, GA; Chicago- Hines, IL;
Danville, IL; Indianapolis, IN; Marion, IN; Des Moines, IA; Iowa
City, IA; Topeka, KS; Lexington, KY; Louisville, KY; Alexandria, LA;
New Orleans, LA; Shreveport, LA; Augusta, ME; Perry Point, MD;
Bedford, MA; Boston, MA; Springfield, MA; Battle Creek, MI; Biloxi,
MS; Jackson, MS; St Louis, MO; Lyons, NJ; Salisbury, NC; Montrose,
NY; Northport, NY; Chillicothe, OH; Cleveland, OH; Columbus, OH;
Dayton, OH; Coatesville, PA; Lebanon, PA; Philadelphia, PA;
Pittsburgh, PA; Wilkes Barre, PA; San Juan, PR; Providence, RI;
Mountain Home, TN; Murfreesboro, TN; Nashville, TN; Dallas, TX;
Houston, TX; San Antonio, TX; Waco, TX; Hampton, VA; Richmond, VA;
Salem, VA; Tacoma, WA; Martinsburg, WV; Tomah, WI.
[FR Doc. 2023-16020 Filed 7-27-23; 8:45 am]
BILLING CODE P
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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.