[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3942]


[[Page Unknown]]

[Federal Register: February 23, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

 

Privacy Act of 1974; System of Records--Means Test Verification 
Records--VA (89VA161)

AGENCY: Department of Veterans Affairs.

ACTION: Notice of new system of records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of the systems of records. Accordingly, the Department of 
Veterans Affairs (VA) published a notice of its inventory of personal 
records on September 27, 1977 (42 FR 49726). Notice is hereby given 
that VA is adding a new system of records entitled ``Means Test 
Verification Records'' (89VA161).

DATES: Interested persons are invited to submit written comments, 
suggestions, or objections regarding the routine uses in this new 
system of records. All relevant materials received before March 25, 
1994, will be considered. All written comments received will be 
available for public inspection in Room 170 of the address given below 
between Monday through Friday (except holidays) until April 4, 1994.
    If no public comment is received during the 30-day review period 
allowed for public comment or unless otherwise published in the Federal 
Register by VA, the routine uses are effective March 25, 1994.

ADDRESSES: Written comments concerning the proposed routine uses may be 
mailed to the Secretary, Department of Veterans Affairs (271A), 810 
Vermont Avenue NW, Washington, DC 20420.

FOR FURTHER INFORMATION CONTACT: Celia Winter, Program Analyst, Income 
Verification Match Program (161B/IVM), Veterans Health Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 
20420, (202) 535-7437.

SUPPLEMENTARY INFORMATION: Public Law 99-272, the Veterans Health Care 
Amendments of 1986, as amended by Public Law 100-322, established two 
categories of eligibility for VA health care: ``mandatory and 
discretionary.'' In order to determine the category assignment of 
nonservice-connected veterans, new eligibility assessment procedures, 
including the means test, were developed. The means tested is based on 
income information provided by the nonservice-connected veteran. It was 
developed to ensure that the most needy nonservice-connected veterans 
would be placed in the mandatory care category based on limited family 
income. The law provided VA no legislative authority to verify the 
self-reported income.
    In November 1990, Public Law 101-508, the Omnibus Budget 
Reconciliation Act (OBRA), provided VA the authority to verify income 
data reported to VA by nonservice-connected veterans with income 
records obtained from the Internal Revenue Service (IRS) and the Social 
Security Administration (SSA). Section 602, Public Law 102-568 extended 
VA's matching authority through September 1997. The law has three 
requirements for VA: (1) Notification to veterans that means test 
financial information report to VA is subject to verification with IRS 
and SSA records; (2) No steps may be taken to terminate, deny, suspend, 
or reduce any benefit or service until appropriate steps have been 
taken to independently verify the information received; and (3) 
Development and implementation of a VA income verification matching 
program be funded from the VA Compensation and Pension appropriation.
    The Income Verification Match (IVM) Center was developed to conduct 
and administer the computer matching of Veterans Health Administration 
income data with IRS and SSA income records. Due to stringent IRS 
security regulations and codes, the process of matching the income of 
the veteran will be accomplished through a stand-alone automated data 
processing program with verification activities centralized at the IVM 
Center. The IVM Center is located in Decatur, Georgia.
    Matching agreements have been established between the Veterans 
Health Administration and the IRS and SSA for verifying income of 
nonservice-connected veterans for appropriate years. The IVM Program 
will adhere to require VA security and reporting requirements in 
accordance with Title 38, Code of Federal Regulations, and other 
Federal regulations, as well as 5 U.S.C. 552a, the Privacy Act, and 26 
U.S.C. 6103, the Internal Revenue Code. This new system of records is 
being established for IVM records to identify the types of information 
being extracted and utilized for IVM and means tested verification, how 
the data will be used and to describe he limited access to this data.

    Approved: February 8, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
89VA161
    Means Test Verification Records--VA.
    All paper and electronic records are maintained at the Income 
Verification Match (IVM) Center, 1842 Clairmont Road, Decatur, Georgia 
30033.
    Nonservice-connected veterans who have applied for health care 
services under Title 38, United States Code, Chapter 17, and in certain 
cases, members of their immediate families.
    Medical benefit application and eligibility information obtained 
from the ``Patient Medical Record--VA'' (24VA136) system of records. 
Identifying information including name, address, date of birth, social 
security number, current eligibility category, family information 
including spouse and dependent(s) name, address, social security 
number; employment information on veteran and spouse including 
occupation, employer(s) name(s) and address(es); financial information 
including family income, assets, expenses, debts; and third-party 
health plan contract information including health insurance carrier 
name and address, policy number and time period covered by policy; 
facility location(s) where treatment is provided, type of treatment 
provided, i.e., inpatient or outpatient and length of stay or number of 
visits. Documents generated as a result of income verification by 
computer match with records from the Internal Revenue Service (IRS) and 
the Social Security Administration (SSA) and during the notification, 
verification and due process periods including initial verification 
letters, income verification forms, income difference/final letters, 
non-receipt/final letters, final confirmation letters, confirmation/due 
process letters, non-receipt confirmation letters, clarification 
letters, and all subpoena documentation. All forms of individual 
correspondence generated during the process or provided to the IVM 
Center by match participants including, but not limited to, copies of 
death certificates, discharge certificates, DD 214, Notice of 
Separation, disability award letters, Internal Revenue Service 
documents (i.e., form 1040's, W-2's, etc.), State Welfare and Food 
Stamp applications, VA and other pension applications, VA forms 10-10, 
Application for Medical Benefits, and 10-10F, Financial Worksheet, 
workers compensation forms, various annual earnings statements as well 
as pay stubs.
    Title 38, United States Code, sections 501(a); 5317 and 7304.
    To the extent that records contained in the system include 
information protected by 26 U.S.C. 6103(p)(4), i.e., the taxpayer's 
identity, and the nature, source and amount of income, that information 
cannot be disclosed under a Routine Use until such information has been 
independently verified with the individual to whom it pertains pursuant 
to 5 U.S.C. 552a(p).
    1. The record of an individual who is covered by this system may be 
disclosed to a member of Congress or staff person acting for the member 
when the member or staff person requests the record on behalf of and at 
the written request of that individual.
    2. Disclosure of IVM records, as deemed necessary and proper to 
named individuals serving as accredited service organization 
representatives and other individuals named as approved agents or 
attorneys for a documented purpose and period of time, to aid 
beneficiaries in the preparation and presentation of their cases during 
the verification and/or due process procedures and in the presentation 
and prosecution of claims under laws administered by the Department of 
Veterans Affairs.
    3. In the event that information in this system of records 
maintained by this agency to carry out its functions, indicates a 
suspected violation or reasonably imminent violation of law, whether 
civil, criminal or regulatory in nature, and whether arising by general 
statute or a particular program statute, or by regulation, rule or 
order issued pursuant thereto, the relevant records may be referred, as 
a routine use, to the appropriate agency, whether Federal, State, local 
or foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation or order issued pursuant thereto.
    4. Relevant information from this system of records may be 
disclosed as a routine use: In the course of presenting evidence 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; and to probation and parole officers in 
connection with Court required duties.
    5. Any information in this system may be disclosed to a VA Federal 
fiduciary or a guardian ad litem in relation to his or her 
representation of a veteran only to the extent necessary to fulfill the 
duties of the VA Federal fiduciary or the guardian ad litem.
    6. Relevant information may be disclosed to attorneys, insurance 
companies, employers, third parties, liable or potentially liable under 
health plan contracts, and to courts, boards, or commissions, such 
disclosures may be made only to the extent necessary to aid the 
Department of Veterans Affairs in the preparation, presentation, and 
prosecution of claims authorized under Federal, State, or local laws, 
and regulations promulgated thereunder.
    7. Relevant information may be disclosed to the Department of 
Justice and United States Attorneys in defense or prosecution of 
litigation involving the United States, and to Federal Agencies upon 
their request in connection with review of administrative tort claims 
filed under the Federal Tort Claims Act, 28 U.S.C. 2672.
    8. Disclosure may be made to NARA (National Archives and Records 
Administration) GSA (General Services Administration) in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    9. Information in this system of records, may be disclosed for the 
purposes identified below to a third party, except consumer reporting 
agencies, in connection with any proceeding for the collection of an 
amount owed to the United States by virtue of a person's participation 
in any benefit program administered by the Department of Veterans 
Affairs. Information may be disclosed under this routine use only to 
the extent that it is reasonably necessary for the following purposes: 
(a) To assist the VA in the collection of costs of services provided 
individuals not entitled to such services; and (b) to initiate civil or 
criminal legal actions for collecting amounts owed to the United States 
and/or for prosecuting individuals who willfully or fraudulently 
obtained or seek to obtain title 38 medical benefits. This disclosure 
is consistent with 38 U.S.C. 5701(b)(6).
    10. The name and address of a veteran, other information as is 
reasonably necessary to identify such veteran, including personal 
information obtained from other Federal agencies through computer 
matching programs, and any information concerning the veteran's 
indebtedness to the United States by virtue of the person's 
participation in a benefits program administered by the VA may be 
disclosed to a consumer reporting agency for purposes of assisting in 
the collection of such indebtedness, provided that the provisions of 38 
U.S.C. 5701(g)(4) have been met.
    11. For computer matching program and ADP security review purposes, 
record information may be disclosed to teams from other source Federal 
agencies who are parties to computer matching agreements involving the 
information maintained in this system, but only to the extent that the 
information is necessary and relevant to the review.
    12. The name and identifying information on a veteran and/or spouse 
may be provided to reported payers of earned and/or unearned income in 
order to verify the identifier provided, address, income paid, period 
of employment, and health insurance information provided on the means 
test and to confirm income and demographic data provided by other 
Federal agencies during income verification computer matching.
    13. Identifying information, including social security numbers, 
concerning veterans, their spouses, and the dependents of veterans may 
be disclosed to other Federal agencies for purposes of conducting 
computer matches to obtain valid identifying, demographic and income 
information to determine or verify eligibility of certain veterans who 
are receiving VA medical care under Title 38, United States Code.
    14. The name and social security number of a veteran, spouse and 
dependents, and other identifying information as is reasonably 
necessary may be disclosed to the Social Security Administration, 
Department of Health and Human Services, for the purpose of conducting 
a computer match to obtain information to validate the social security 
numbers maintained in VA records.
    Records (or information contained in records) are maintained on 
paper documents, and/or in an automated imaging system database at the 
Income Verification Match (IVM) Center, 1842 Clairmont Road, Decatur, 
Georgia 30033.
    IVM records are retrieved by the names and social security numbers 
or other assigned identifiers of the individuals on whom they are 
maintained.
    1. Access to working spaces and record storage areas at the Income 
Verification Match (IVM) Center is restricted to IVM 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.
    2. All means test data downloaded from DHCP (Decentralized Hospital 
Computer Program) files as well as all incoming Internal Revenue 
Service (IRS) and Social Security Administration (SSA) tapes are 
received directly by the IVM ADP Division. The IRS and SSA tapes are 
placed into the IVM vault until the data is required for matching, at 
which time it is loaded on the IVM Computer System. Once the tapes are 
read-in, they are returned to the vault. Federal tax data is not co-
mingled with or transcribed into data maintained on the IVM Computer 
System. The data will reside within its own area of the computer 
system. Federal tax data must be protected according to the provisions 
of section 6103(p) of the Internal Revenue Code (Title 26, U.S.C.). It 
is mandatory that IVM employees review the IRS security awareness tapes 
and VA computer security tapes on a yearly basis.
    3. The IVM Computer System supplies security access levels for all 
areas within the IVM Software Module. Security access levels are 
maintained not only on the IRS and SSA data elements themselves, but on 
initial access to the system (log-on procedures), menu options 
available, automatic shut-down when the system has not had a response 
in a predetermined period of time, etc. Access to the computer system 
is controlled by access and verify codes assigned by the IVM ADP 
Security Officer. The entire procedure is outlined in the IVM ADP 
Security Policy.
    4. The office space occupied by the IVM ADP Division is in a 
secured area with only one access door. The door has been equipped with 
a punch-combination lock and an electronic card entry system. The card 
entry system logs every entrance and exit to the IVM space. The entry 
system log is programmed to provide a screen display of employees 
located in the IVM space as well as capturing entry and exit activity 
in a report format for any given period of time.
    5. There are no field offices that will be receiving tax return 
information from IVM.
    Paper records and information stored on electronic storage media 
are maintained and disposed of in accordance with records disposition 
authority approved by the Archivist of the United States. After the 
data on each IRS and SSA tape has been validated as being a true copy 
of the original data, the tapes are held in the vault for thirty (30) 
days prior to destruction, either by degaussing or shredding. Any 
printed reports will be shredded prior to disposal.
    Official responsible for policies and procedures: Director, 
Administrative Services Office (161), VA Central Office, 810 Vermont 
Avenue, NW, Washington, DC 20420. Officials maintaining the system: 
Director, IVM Center, 1842 Clairmont Road, Decatur, Georgia 30033.
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the IVM Center. All 
inquiries must reasonably identify the records requested. Inquiries 
should include the individual's full name, social security number and 
return address.
    Individuals seeking information regarding access to and contesting 
of IVM records may write to the IVM Center.
    (See Record Access Procedures above.)
    The patient, the patient's spouse, family members or accredited 
representative(s), and friends, employers and other payers of earned 
income, financial institutions and other payers of unearned income, 
other Federal Agencies, and the ``Patient Medical Records--VA'' (24 VA 
136) system of records, Veterans Benefits Administration Target System 
(BINQ, HINQ, etc.).

[FR Doc. 94-3942 Filed 2-22-94; 8:45 am]
BILLING CODE 8320-01-M