Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Department of the Army

Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DOD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Army is proposing to alter an existing

system of records notice in its existing inventory of record systems

subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on

September 2, 1997, unless comments are received which result in a

contrary determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division,

U.S. Army Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft.

Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390

or DSN 656-4390.

SUPPLEMENTARY INFORMATION: The Department of the Army systems of

records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as

amended, have been published in the Federal Register and are available

from the address above.

The proposed system report, as required by 5 U.S.C. 552a(r) of the

Privacy Act of 1974, as amended, was submitted on July 22, 1997, to the

House Committee on Government Reform and Oversight, the Senate

Committee on Governmental Affairs, and the Office of Management and

Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.

A-130, `Federal Agency Responsibilities for Maintaining Records About

Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

Dated: July 25, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0040-66b DASG

System name:

Health Care and Medical Treatment Record System (July 28, 1994, 59

FR 38440).

Changes:

* * * * *

Categories of records in the system:

Add to end of first paragraph `and Human Immunodeficiency Virus

(HIV) blood sampling results to identify Acquired Immune Deficiency

Syndrome (AIDS).'

* * * * *

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Add a new paragraph `To former DoD health care providers, who have

been identified as being the subjects of potential reports to the

National Practitioner Data Bank as a result of a payment having been

made on their behalf by the U.S. Government in response to a

malpractice claim or litigation, for purposes of providing the provider

an opportunity, consistent with the requirements of DoD Instruction

6025.15 and Army Regulation 40-68, to provide any pertinent information

and to comment on expert opinions, relating to the claim for which

payment has been made.'

* * * * *

A0040-66b DASG

System name:

Health Care and Medical Treatment Record System.

System location:

Army Medical Department facilities and activities. Official mailing

addresses are published as an appendix to the Army's compilation of

record systems notices.

Categories of individuals covered by the system:

Military members of the Armed Forces (both active and inactive);

dependents; civilian employees of the Department of Defense; members of

the U.S. Coast Guard, Public Health Service, and Coast and Geodetic

Survey; cadets and midshipmen of the military academies; employees of

the American National Red Cross; and other categories of individuals

who receive medical

[[Page 41374]]

treatment at Army Medical Department facilities/activities.

Categories of records in the system:

Name, Social Security Number, medical records (of a permanent

nature) used to document health; psychological and mental hygiene

consultation and evaluation; medical/dental care and treatment for any

health or medical condition provided an eligible individual on an

inpatient and/or outpatient status to include but not limited to:

Health; clinical (inpatient); outpatient; dental; consultation; and

procurement and separation x-ray record files; and Human

Immunodeficiency Virus (HIV) blood sampling results to identify

Acquired Immune Deficiency Syndrome (AIDS).

Subsidiary medical records (of a temporary nature) are also

maintained to support records relating to treatment/observation of

individuals. Such records include but are not limited to: Social work

case files, inquiries/complaints about medical treatment or services

rendered by the medical treatment facility, and patient treatment x-ray

and index files.

Authority for maintenance of the system:

5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1071-1085; 50

U.S.C. Supplement IV, Appendix 454, as amended; 42 U.S.C. 11131-11152;

E.O. 9397 (SSN); DoD Directive 6010.14, Inpatient Medical Care for

Foreign Military Personnel; DoD Instruction 6010.15, Third Party

Collection (TPC) Program; DoD Directive 6040.37, Confidentiality of

Medical Quality Assurance (QA) Records; DoD Directive 6025.13, Clinical

Quality Managerment Program (CQMP) in the Military Health Services

System (MHSSJ); DoD 6010.8-R, Civilian Health and Medical Program of

the Uniformed Serivce (CHAMPUS) authorized by DoD Instruction 6010.8;

and Army Regulation 40-57, Armed Forces Medical Examiner System.

Purpose(s):

To provide health care and medical treatment of individuals; to

establish tuberculosis/tumor/cancer/Human Immunodeficiency Virus (HIV)

registries; for research studies; compilation of statistical data and

management reports; to implement preventive medicine, dentistry, and

communicable disease control programs; to adjudicate claims and

determining benefits; to evaluate care rendered; determine professional

certification and hospital accreditation; and determine suitability of

persons for service or assignment.

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

In addition to those disclosures generally permitted under 5 U.S.C.

552a(b) of the Privacy Act, these records or information contained

therein may specifically be disclosed outside the DoD as a routine use

pursuant to 5 U.S.C. 552a(b)(3) as follows:

Information may be disclosed to the Department of Veterans Affairs

to adjudicate veterans' claims and provide medical care to Army

members.

National Research Council, National Academy of Sciences, National

Institutes of Health, Armed Forces Institute of Pathology, and similar

institutions for authorized health research in the interest of the

Federal Government and the public. When not essential for longitudinal

studies, patient identification data shall be eliminated from records

used for research studies. Facilities/activities releasing such records

shall maintain a list of all such research organizations and an

accounting disclosure of records released thereto.

To local and state government and agencies for compliance with

local laws and regulations governing control of communicable diseases,

preventive medicine and safety, child abuse, and other public health

and welfare programs.

Third party payers per 10 U.S.C. 1095 as amended by Pub. L. 99-272,

and guidance provided to the DoD health services by DoD Instruction

6010.15, for the purpose of collecting reasonable inpatient/outpatient

hospital care costs incurred on behalf of retirees or dependents.

To former DoD health care providers, who have been identified as

being the subjects of potential reports to the National Practitioner

Data Bank as a result of a payment having been made on their behalf by

the U.S. Government in response to a malpractice claim or litigation,

for purposes of providing the provider an opportunity, consistent with

the requirements of DoD Instruction 6025.15 and Army Regulation 40-68,

to provide any pertinent information and to comment on expert opinions,

relating to the claim for which payment has been made.

The `Blanket Routine Uses' set forth at the beginning of the Army's

compilation of systems of records notices also apply to this system.

Note: Records of identity, diagnosis, prognosis, or treatment of

any client/patient, irrespective of whether or when he/she ceases to be

a client/patient, maintained in connection with the performance of any

alcohol or drug abuse prevention and treatment function conducted,

regulated, or directly or indirectly assisted by any department or

agency of the united States, shall, except as provided therein, be

confidential and be disclosed only for the purposes and under the

circumstances expressly authorized in 42 U.S.C. 290dd-2. This statute

takes precedence over the Privacy Act of 1974 in regard to

accessibility of such records except to the individual to whom the

record pertains. The `Blanket Routine Uses' do not apply to these types

of records.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

Paper records in file folders; visible card files; microfiche;

cassettes; punched cards; magnetic tapes/discs; computer printouts; x-

ray film preservers.

Retrievability:

By patient or sponsor's surname or sponsor's Social Security

Number.

Safeguards:

Records are maintained in buildings which employ security guards

and are accessed only by authorized personnel having an official need-

to-know. Automated segments are protected by controlled system

passwords governing access to data.

Retention and disposal:

Military health/dental and procurement/separation x-ray records are

permanent. Clinical (inpatient), outpatient, dental and consultation

record files for military members are destroyed after 50 years; records

pertaining to U.S. Military Academy cadets are withdrawn and retired to

the Surgeon, U.S. Military Academy, West Point, NY 10996-1797. Records

on civilians and foreign nationals are destroyed after 25 years; except

for civilian dental records which are destroyed after 5 years. Records

on American Red Cross personnel are withdrawn and forwarded to the

American National Red Cross.

All medical records (except the Military Health/Dental records

which are active while individual is on active duty, then retired with

individual's Military Personnel Records Jacket and the procurement/

separation x-ray records which are forwarded to the National Personnel

Records Center on an accumulation basis) are retained in an active file

while treatment is provided and subsequently held for a period of 1 to

5 years following

[[Page 41375]]

treatment before being retired to the National Personnel Records

Center. Subsidiary medical records, of a temporary nature, are normally

not retained long beyond termination of treatment; however, supporting

documents determined to have significant documentation value to patient

care and treatment are incorporated into the appropriate permanent

record file.

System manager(s) and address:

The Surgeon General, U.S. Army Medical Command, ATTN: MCIM, 2050

Worth Road, Suite 13, Fort Sam Houston, TX 78234-6013.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the medical facility where treatment was provided. Official mailing

addresses are published as an appendix to the Army's compilation of

record systems notices.

Red Cross employees may write to the Medical Officer, American

National Red Cross, 1730 E Street, NW, Washington, DC 20006.

For verification purposes, the individual should provide the full

name, Social Security Number of sponsor, and current address and

telephone number. Inquiry should include name of the hospital, year of

treatment and any details which will assist in locating the records.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system should address written inquiries to the

medical facility where treatment was provided. Official mailing

addresses are published as an appendix to the Army's compilation of

record systems notices.

Red Cross employees may write to the Medical Officer, American

National Red Cross, 1730 E Street, NW, Washington, DC 20006.

For verification purposes, the individual should provide the full

name, Social Security Number of sponsor, and current address and

telephone number. Inquiry should include name of the hospital, year of

treatment and any details which will assist in locating the records.

Contesting record procedures:

The Army's rules for accessing records, and for contesting contents

and appealing initial agency determinations are contained in Army

Regulation 340-21; 32 CFR part 505; or may be obtained from the system

manager.

Record source categories:

Subject individual, personal interviews and history statements from

the individuals; abstracts or copies of pertinent medical records;

examination records of intelligence, personality, achievement, and

aptitude; reports from attending and previous physicians and other

medical personnel regarding results of physical, dental, and mental

examinations, treatment, evaluation, consultation, laboratory, x-ray

and special studies and research conducted to provide health care and

medical treatment; and similar or related documents.

Exemptions claimed for the system:

None.

[FR Doc. 97-20266 Filed 7-31-97; 8:45 am]

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