[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Notices]
[Pages 4947-4948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2159]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY:  Office of the Secretary, DoD.

ACTION:  Notice to add a system of records.

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SUMMARY:  The Office of the Secretary proposes to add a system of 
records notice to its existing inventory of record systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The addition 
consolidates two existing systems of records (DHA 01, Medical 
Malpractice Claims Data File and DHA 02, Adverse Clinical Privilege 
Actions Data File) in to DHA 09, Medical Credentials/Risk Management 
Analysis System (CCQAS).

DATES:  This proposed action will be effective without further notice 
on March 3, 2000, unless comments are received which result in a 
contrary determination.

ADDRESSES:  Send comments to OSD Privacy Act Coordinator, Records 
Section, Directives and Records Division, Washington Headquarter 
Services, Correspondence and Directives, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT:  Mr. David Bosworth at (703) 588-0159.

SUPPLEMENTARY INFORMATION:  The Office of the Secretary 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 January 5, 2000, 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: January 27, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DELETIONS
DHA 01

System name:
    Medical Malpractice Claims Data File (February 22, 1993, 58 FR 
10227).
    Reason: The records contained in this notice have moved to DHA 09, 
Medical Credentials/Risk Management Analysis System (CCQAS).
DHA 02

System name:
    Adverse Clinical Privilege Actions Data File (February 22, 1993, 58 
FR 10227).
    Reason: The records contained in this notice have moved to DHA 09, 
Medical Credentials/Risk Management Analysis System (CCQAS).
ADDITION
DHA 09

System name:
    Medical Credentials/Risk Management Analysis System (CCQAS).

System location:
    Armed Forces Institute of Pathology, Department of Legal Medicine, 
8403 Colesville Road, Suite 860, Silver Spring, MD 20910-9813.

Categories of individuals covered by the system:
    The credentials and privileges component of the Centralized 
Credentials Quality Assurance System (CCQAS) includes all DoD Medical 
Treatment Facility (MTF) health care providers. The medical malpractice 
risk management component includes those health care providers who have 
been involved with medical malpractice cases. The adverse privilege 
actions component includes DoD health care providers who have been the 
subject of adverse privilege actions with the military health system. 
Health care beneficiaries whose medical treatment is the basis for 
medical malpractice or adverse privileging action.

Categories of records in the system:
    The credentials and privileges component of CCQAS consists of 
personal identifier information of all DoD health care providers. 
Additional provider information includes demographic data, licensure 
data, education and graduate medical education information, specialty 
information, certification information and medical readiness data. The 
malpractice component relates to medical malpractice claims recorded 
against the Department of Defense. Record fields consist of provider 
information, allegation-related information, diagnosis and procedure 
information, dates of incident, filing and closure, injury information, 
Social Security Numbers of military sponsors of malpractice claimants, 
and professional review assessments. Adverse privilege action fields 
include provider information, the type of reasons for actions, and 
relevant dates. Subject records are `medical quality assurance records' 
if produced or compiled by the Department of Defense incident to an 
activity to assess the quality of medical care, including activities 
conducted by individuals, military medical or dental treatment facility 
committees, or other review bodies responsible for greatly assurance, 
credentials, infection control, patient care assessment (including 
treatment procedures, blood, drugs, and therapeutics), medical records, 
health resources management review and identification and prevention of 
medical or dental incidents and risks.

Authority for maintenance of the system:
    42 U.S.C. 11131-11152 (Pub.L. 99-660, Health Care Quality 
Improvement Act of 1986); 10 U.S.C. 1102; DoD Directive 6025.14, DoD 
Participation in the National Practitioner Data Bank; and E.O. 9397 
(SSN).

Purpose(s):
    The system collects and manages malpractice and adverse privilege 
actions claims data provided by the military services.
    Data are also used to manage credentials and privileges of health 
care providers in the Military Health System, and to conduct trend 
analysis on provider and malpractice data in keeping with DoD Medical 
Quality Assurance programs. Data from this system is use to report DoD 
adverse

[[Page 4948]]

privileging actions and malpractice data to the National Practitioner 
Data Bank and to the state licensing boards of the individual provider.

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:
    To the Department of Health and Human Services for inclusion in the 
National Practitioner Data Bank and to state licensing authorities for 
the purpose of reporting DoD adverse privileging actions and 
malpractice data as provided in 42 U.S.C. 11131-11152.
    If the records are `medical quality assurance records,' they may be 
disclosed outside the DoD as a routine use only as follows:
    To a Federal executive agency or private organization, if such 
medical quality assurance record or testimony is needed by such agency 
or organization to perform licensing or accreditation functions related 
to DoD health care facilities or to perform monitoring, required by 
law, of DoD health care facilities.
    To an administrative or judicial proceeding commenced by a present 
or former DoD health care provider, concerning the termination, 
suspension, or limitation of clinical privileges of such health care 
provider.
    To a governmental board or agency or to a professional health care 
society or organization, if such medical quality assurance record or 
testimony is needed by such board, agency, society, or organization to 
perform licensing, credentialing, or the monitoring of professional 
standards with respect to any health care provider who is or was a 
member or an employee of the DoD.
    To a hospital, medical center, or other institution that provides 
health care services, if such medical quality assurance record or 
testimony is needed by such institution to assess the professional 
qualifications of any health care provider who is or was a member or 
employee of the DoD and who has applied for or been granted authority 
or employment to provide health care services in or on behalf of such 
institution.
    To a criminal or civil law enforcement agency or instrumentality 
charged under applicable law with the protection of the public health 
or safety, if a qualified representative of such agency or 
instrumentality requests that such record or testimony be provided for 
a purpose authorized by law.
    To officials of an administrative or judicial proceeding commenced 
by a criminal or civil law enforcement agency or instrumentality to 
serve the defined purposes proposed for that proceeding.
    The `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices do not apply to medical 
quality assurance records maintained in this system of records.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on paper and on a microcomputer system.

Retrievability:
    Hard copy is filed by the sponsor's Social Security Number. 
Electronic records may be accessed by search of the Social Security 
Number of the health care provider or in the case of a patient, by the 
Social Security Number of the military sponsor.

Safeguards:
    Records are accessed by authorized personnel having an official 
need-to-know who have been trained for handling Privacy Act data. Hard 
copy records are maintained in locked cabinets in restricted access 
areas. Access to computer files is restricted to a user IDs and 
password system managed by the CCQAS system administrator.

Retention and disposal:
    Disposition pending (until NARA disposition is approved, treat as 
permanent).

System manager(s) and address:
    TRICARE Management Activity, Skyline 5, Suite 810, 5111 Leesburg 
Pike, Falls Church, VA 22041-3206.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the TRICARE Management Activity, Skyline 5, Suite 810, 5111 Leesburg 
Pike, Falls Church, VA 22041-3206.
    Requests for information should contain the full name of the health 
care provider or military sponsor, the requesting individual's Social 
Security Number (or Social Security Number of a military sponsor, if 
inquiry is by a claimant), military department and medical facility and 
signature of the requester, and the time frame in which the case record 
was developed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
TRICARE Management Activity, Skyline 5, Suite 810, 5111 Leesburg Pike, 
Falls Church, VA 22041-3206.
    Requests for access should contain the full name of the health care 
provider or military sponsor, the requesting individual's Social 
Security Number (or Social Security number of a military sponsor, if 
inquiry is by a claimant), military department and medical facility and 
signature of the requester, and the time frame in which the case record 
was developed.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

Record source categories:
    Medical facilities of the military departments, the National 
Practitioner Data Bank, and other health care practitioners.

Exemptions claimed for the system:
    None.
[FR Doc. 00-2159 Filed 2-1-00; 8:45 am]
BILLING CODE 5001-10-F