Notice2024-09529
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
May 2, 2024
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 titled, "Investigative Database-OMI-VA" (162VA10E1B). This system is used to document the investigative activities of the Office of the Medical Inspector (OMI).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35929-35932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09529]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the VA is modifying the system of records titled, ``Investigative
Database-OMI-VA'' (162VA10E1B). This system is used to document the
investigative activities of the Office of the Medical Inspector (OMI).
DATES: Comments on this amended system of records must be received no
later than June 3, 2024. 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 ``Investigative Database-OMI-VA'' (162VA10E1B). 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,
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 Number; System Location; System Manager; Purpose;
Categories of Individuals Covered by the System; Categories of Records
in the System; Records Source Categories; Policies and Practices for
Storage of Records; Policies and Practices for Retention and Disposal
of Records; Safeguards; Record Access Procedure; Contesting Records
Procedures; and Notification Procedure. VA is republishing the system
notice in its entirety.
The System Number is being updated from 162VA10E1B to 162VA10 to
reflect the current VHA organizational routing symbol.
The System Location is being updated to remove, ``Additional
records are maintained by the Austin Information Technology Center,
1615 Woodward Street, Austin, Texas 78772, and subject to their
security control.''
The System Manager is being updated to replace Correspondence
Analyst, with Executive Assistant.
The Purpose is being updated to remove, ``to perform statistical
analysis to produce various management and follow-up reports. The data
may be used for VA's extensive quality improvement programs in
accordance with VA policy. In addition, the data may be used for law
enforcement investigations. Survey data will be collected for the
purpose of measuring and monitoring various aspects and outcomes of
National, Veterans Integrated Service Network (VISN) and Facility-Level
performance. Results of the survey data analysis are shared throughout
the Veterans Health Administration (VHA) system.''
The Categories of Individuals Covered by the System is being
updated to remove, ``their immediate family members, members of the
armed services, subcontractors, consultants, volunteers.''
The Categories of Records in the System is being updated to replace
24VA10P2 with 24VA10A7. Number 3 is being removed, ``Medical benefit
and eligibility information.'' Renumbering as number 4 is now number 3,
and so on. Number 5 is also being removed ``Patient Satisfaction Survey
Data which include questions and responses.''
The Records Source Categories is being updated to remove, ``VA
Health Eligibility Center, the Food and Drug Administration, the
Department of Defense, ``Income Verification Records-VA'' (89VA10NB),
VA Veterans Benefits Administration automated record systems (including
the ``Veterans and Beneficiaries Identification and Records Location
Subsystem-VA'' (38VA23), and subsequent iterations of those systems of
records.'' 24VA10P2 will be replaced with 24VA10A7 and 33VA113 will be
replaced with 33VA10.
Policies and Practices for Storage of Records is being updated to
remove, ``paper, magnetic tape, disk, encrypted flash memory, and laser
optical media''.
Policies and Practices for Retention and Disposal of Records is
being updated to include Item Numbers 1160.1 and 1160.2.
Administrative, Technical and Physical Safeguards is being updated
to remove from number 4 ``an elevator card reader for floor access and
a separate VHA card reader for access to the office area; and in locked
storage (paper).''
Record Access Procedure is being updated to reflect the following
language: ``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,
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 Records Procedures is being updated to reflect the
following language, ``Individuals seeking to contest or amend records
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
[[Page 35930]]
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 is being updated to state, ``Generalized
notice is provided by the publication of this notice. For specific
notice, see Record Access Procedure, above.''
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 the Privacy Act and
guidelines issued by OMB, 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 March 26, 2024 for
publication.
Dated: April 29, 2024.
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:
``Investigative Database-OMI-VA'' (162VA10).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located at the Office of the Medical Inspector (OMI) in
secure files within the OMI and indexed on a secure document management
server within the Department of Veterans Affairs (VA) Central Office
firewall.
SYSTEM MANAGER(S):
Official responsible for maintaining this system of records:
Executive Assistant, OMI, Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420. Telephone 202-815-9508 (this is not a
toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to document the investigative
activities of the OMI, and to monitor the activities of VA Medical
Centers in fulfilling action plans developed in response to OMI
reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records contain information for individuals (1) Receiving
health care from the Veterans Health Administration (VHA), and (2) VHA
providers that are providing the health care. Individuals encompass
Veterans, current and former employees, trainees, contractors, and
other individuals working collaboratively with VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may include information and health information related
to:
1. Patient medical record abstract information including
information from ``Patient Medical Record--VA'' (24VA10A7);
2. Identifying information (e.g., name, birth date, death date,
admission date, discharge date, gender, Social Security Number,
taxpayer identification number); address information (e.g., home and/or
mailing address, home and/or cell telephone number, emergency contact
information such as name, address, telephone number and relationship);
prosthetic and sensory aid serial numbers; medical record numbers;
integration control numbers; information related to medical examination
or treatment (e.g., location of VA medical facility providing
examination or treatment, treatment dates, medical conditions treated
or noted on examination); information related to military service and
status;
3. Patient aggregate workload data such as admissions, discharges
and outpatient visits; resource utilization such as laboratory tests,
x-rays and prescriptions;
4. Data captured from various VA databases. According to VHA
Directive 1038, Role of the Office of the Medical Inspector, Paragraph
4k., ``OMI, as a component of VHA, has legal authority under applicable
Federal privacy laws and regulations to access and use any information,
including health information, maintained in VHA records for the
purposes of health care operations and health care oversight.''; and
5. Documents and reports produced and received by OMI in the course
of its investigations.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by Veterans, VA
employees, VA computer systems, Veterans Health Information Systems and
Technology Architecture (VistA), VA medical centers, VA program
offices, Veterans Integrated Service Networks (VISNs), Austin
Information Technology Center, the Department of Defense, Survey of
Healthcare Experiences of Patients, External Peer Review Program, and
the following Systems of Records: ``Patient Medical Records-VA''
(24VA10A7) and ``National Prosthetics Patient Database- VA'' (33VA10).
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 cannot 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. 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.
3. 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 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.
4. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: To a Federal, state, local or other
governmental agency maintaining civil or criminal violation
[[Page 35931]]
records, or other pertinent information, such as employment history,
background investigations, or personal or educational background, to
obtain information relevant to VA's hiring, transfer or retention of an
employee, issuance of a security clearance, letting of a contract, or
issuance of a license, grant, or other benefit. 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.
5. 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 a
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, 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 such a
violation. 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.
6. Attorneys Representing Clients: To assist attorneys in
representing their clients, any information in this system may be
disclosed to attorneys representing subjects of investigations,
including Veterans, Federal Government employees, retirees, volunteers,
contractors, subcontractors or private citizens.
7. Federal Labor Relations Authority (FLRA): To the FLRA in
connection with the investigation and resolution of allegations of
unfair labor practices, the resolution of exceptions to arbitration
awards when a question of material fact is raised; matters before the
Federal Service Impasses Panel; and the investigation of representation
petitions and the conduct or supervision of representation elections.
8. Equal Employment Opportunity Commission (EEOC): To the EEOC in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
other functions of the Commission as authorized by law.
9. Merit Systems Protection Board (MSPB): To the MSPB in connection
with appeals, special studies of the civil service and other merit
systems, review of rules and regulations, investigation of alleged or
possible prohibited personnel practices, and such other functions
promulgated in 5 U.S.C. 1205 and 1206, or as otherwise authorized by
law.
10. Guardians, Courts, for Incompetent Veterans: 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; or to probation and parole officers in connection with
court-required duties.
11. State Licensing Board, for Licensing: To a Federal agency, a
State or local government licensing board, the Federation of State
Medical Boards, or a similar non-governmental entity that maintains
records concerning individuals' employment histories or concerning the
issuance, retention or revocation of licenses, certifications or
registration necessary to practice an occupation, profession or
specialty, to inform such non-governmental entities about the health
care practices of a terminated, resigned or retired health care
employee whose professional health care activity so significantly
failed to conform to generally accepted standards of professional
medical practice as to raise reasonable concern for the health and
safety of patients in the private sector or from another Federal
agency. These records may also be disclosed as part of an ongoing
computer matching program to accomplish these purposes.
12. 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.
13. 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.
14. 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.
15. 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.
16. Office of Special Counsel: To the Office of the Special Counsel
for investigation and inquires of alleged or possible prohibited
personnel practices.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained on electronic storage media.
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:
Records in this system are retained and disposed of in accordance
with the schedule approved by the Archivist of the United States, VA
Records Control Schedule (RCS) 10-1, Item Numbers 1160.1 and 1160.2.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
1. Access to and use of national administrative databases,
warehouses and data marts are limited to those persons whose official
duties require such access, and VA has established security procedures
to ensure that access is appropriately limited. Information security
officers and system data stewards review and authorize data access
requests. VA regulates data access with security software that
authenticates users and requires individually unique codes and
passwords. VA provides information security training to all staff and
instructs staff on the responsibility each person has for safeguarding
data confidentiality.
2. VA maintains Business Associate Agreements and Non-Disclosure
Agreements where appropriate with contracted resources in order to
maintain confidentiality of the information.
3. Physical access to computer rooms housing national
administrative databases, warehouses and data marts are restricted to
authorized staff and
[[Page 35932]]
protected by a variety of security devices. Unauthorized employees,
contractors and other staff are not allowed in computer rooms. The
Federal Protective Service or other security personnel provide physical
security for the buildings housing computer rooms and data centers.
4. All materials containing real or scrambled Social Security
numbers are kept only on secure, encrypted VHA servers, personal
computers, laptops or media. All email transmissions of such files use
Public Key Infrastructure (PKI) encryption. If a recipient does not
have PKI, items are mailed or sent to a secure fax. Paper records
containing Social Security numbers are secured in locked cabinets or
offices within the OMI area. Access to OMI requires passing a security
officer. All materials, both paper and electronic, that are no longer
required are shredded/obliterated in accordance with VHA guidelines.
Materials required for case documentation and follow up are archived in
our secure document management server (electronic).
5. In most cases, copies of back-up computer files are maintained
at off-site locations.
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, 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. 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:
85 FR 7404 (February 7, 2020).
[FR Doc. 2024-09529 Filed 5-1-24; 8:45 am]
BILLING CODE 8320-01-P
</pre></body>
</html>Indexed from Federal Register on May 2, 2024.
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.