[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Notices]
[Pages 46997-46999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19336]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended; Revisions to Existing Systems of 
Records

AGENCY: Social Security Administration (SSA).

ACTION: Revision to existing systems of records.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4)), we 
are issuing public notice of a revision to SSA's special procedure for 
providing individuals notification of, or access to, their medical 
records in SSA's possession when direct access to the records may have 
an adverse affect on the individual to whom the record pertains. The 
revised procedure is applicable to 28 of SSA's systems of records. The 
revised procedure is the result of a Seventh Circuit decision 
invalidating SSA's regulation on access to medical records. See 20 CFR 
401.55. Thus, we are changing the ``Notification Procedure'' and 
``Record Access Procedures'' sections in each system of records notice 
to conform to the Seventh Circuit's decision.
    We invite public comment on this proposal.

DATES: The proposed revisions will become effective August 1, 2000.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the SSA Privacy Officer, Social Security Administration, 3-
F-1 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401. All comments received will be

[[Page 46998]]

available for public inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Pamela McLaughlin, Social 
Insurance Program Specialist, Social Security Administration, Room 3-C-
2 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401, telephone (410) 965-3677.

SUPPLEMENTARY INFORMATION:

I. Discussion of Revision

    On June 13, 2000, in Bavido v. Apfel, No. 98-4046, 2000 U.S. App. 
LEXIS 13547, the Seventh Circuit held that the special procedure in the 
Social Security Administration's (SSA's) regulations for providing 
individuals access to their medical records through a designated 
representative is invalid. See 20 CFR 401.55(b)(ii). Prior to the 
Seventh Circuit's decision, the special procedure required individuals 
requesting notification of, or access to, their medical records to 
designate a responsible representative to receive the record. The 
special procedures allowed the designated representative to use his or 
her discretion to withhold all or a portion of an individual's medical 
record. The Seventh Circuit held that the procedure was inconsistent 
with the Privacy Act (5 U.S.C. 552a) because it requires an individual 
to designate a representative who ultimately has complete discretion to 
disclose or to withhold the requested information. Although the court 
invalidated this portion of the regulation, it recognized that an 
agency may have a special procedure for access to sensitive medical 
records, such as psychological records, but the procedure must assure 
the ultimate disclosure of the records to the requesting individual.
    As a result of the court's decision, SSA is revising the Agency's 
special procedure regarding providing individuals access to their 
medical records. The revised special procedure will still require 
individuals requesting access to medical records to designate a 
responsible representative to receive the medical records if the Agency 
determines that direct access may adversely affect the individual. 
However, the responsible representative chosen by the subject of the 
medical record(s) must ultimately provide all of the records to him or 
her. The representative cannot use discretion to withhold any portion 
of the records. The revised special procedure found in the 
``Notification Procedure'' and ``Record Access Procedures'' sections of 
each Privacy Act system notice listed below will read as follows:
    An individual who requests access to his or her medical records 
shall be given direct access to those records unless SSA determines 
that it is likely that direct access would adversely affect the 
individual. If SSA determines that direct access to the medical 
record(s) would likely adversely affect the individual, he or she must 
designate a responsible representative who is capable of explaining the 
contents of the medical record(s) to him and who would be willing to 
provide the entire record(s) to the individual.
    We are not republishing in their entirety the notices of systems of 
records to which we are revising the special procedures for access to 
medical records because of the large number of those systems of records 
and the costs of republishing individual notices of each one. Instead, 
we are republishing only the identification number, and the name of 
each system, and the volume, page number, and date of the Federal 
Register issue in which the systems notice was last published. The 
revision will be included in the following SSA systems notices:
    (1) Working File of the Appeals Council, 60-0004 (59 FR 46439, 
dated 09/08/94),
    (2) Storage of Hearing Records: Tape Cassettes, 60-0006 (59 FR 
46439, dated 09/08/94),
    (3) Hearing and Appeals Case Control System, 60-0009 (59 46439, 
dated 09/08/94),
    (4) Quality Review System, 60-0040 (59 FR 46439, dated 09/08/94),
    (5) Quality Review Case Files, 60-0042 (59 FR 46439, dated 09/08/
94),
    (6) Disability Determination Service Processing File, 60-0044 (59 
FR 46439, dated 09/08/94),
    (7) Completed Determination Record-Continuing Disability 
Determinations, 60-0050 (59 FR 46439, dated 09/08/94),
    (8) Quality Evaluation Data Records, 60-0057 (59 FR 46439, dated 
09/08/94),
    (9) Public Inquiry Correspondence File, 60-0078 (59 FR 52308, dated 
10/17/94),
    (10) Claims Folders System, 60-0089 (65 FR 13808, dated 03/14/00),
    (11) Master Beneficiary Record, 60-0090 (60 FR 52948, dated 10/11/
95),
    (12) Supplemental Security Income Record and Special Veterans 
Benefits, 60-0103 (65 FR 32142, dated 05/22/00),
    (13) Matches of Internal Revenue Service and Social Security 
Administration Data with Census Survey Data (Joint SSA/CENSUS 
Statistics Development Project), 60-0148 (47 FR 45589, dated 10/13/82),
    (14) Matches of Internal Revenue Service (IRS) and Social Security 
Administration (SSA) Data (Joint SSA/Treasury Department, Office of Tax 
Analysis, Statistics Development Project), 60-0149 (47 FR 45589, dated 
10/13/82),
    (15) Continuous Work History Sample (Statistics), 60-0159 (47 FR 
45589, dated 10/13/82),
    (16) Disability Studies, Surveys, Records and Extracts 
(Statistics), 60-0196 (47 FR 45589, dated 10/13/82),
    (17) Extramural Surveys (Statistics), 60-0199 (47 FR 45589, dated 
10/13/82),
    (18) Retirement and Survivors Studies, Surveys, Records and 
Extracts (Statistics), 60-0200 (47 FR 45589, dated 10/13/82),
    (19) Old Age, Survivors and Disability Beneficiary and Worker 
Records and Extracts (Statistics), 60-0202 (47 FR 45589, dated 10/13/
82),
    (20) Supplemental Security Income Studies, Surveys, Records and 
Extracts (Statistics), 60-0203 (47 FR 45589, dated 10/13/82),
    (21) Beneficiary, Family and Household Surveys, Records and 
Extracts System (Statistics), 60-0211 (47 FR 45589, dated 10/13/82),
    (22) Quality Review of Hearing/Appellate Process, 60-0213 (59 FR 
46439, dated 09/08/94),
    (23) Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System, 60-0218 (59 FR 46439, 
dated 09/08/94),
    (24) Vocational Rehabilitation Reimbursement Case Processing 
System, 60-0221 (59 FR 46439, dated 09/08/94),
    (25) Plans for Achieving Self-Support (PASS), Management 
Information System, 60-0255 (formerly 05-009) (61 FR 46675, dated 09/
04/96),
    (26) Vocational Rehabilitation; State Vocational Rehabilitation 
Agency Information (VR SVRA) File, 60-0253 (formerly 05-007) (63 FR 
7034, dated 02/11/98),
    (27) Vocational Rehabilitation; SSA Disability Beneficiaries/
Recipients Eligible for Re-referral to an Alternate Vocational 
Rehabilitation Service Provider (VR Re-referral), 60-0254 (formerly 05-
008) (63 FR 7034, dated 02/11/98), and
    (28) Social Security Title VIII Special Veterans Benefits Claims 
Development and Management Information System, 60-0273 (65 FR 13803, 
dated 03/14/00)
    We will amend SSA's disclosure regulation (20 CFR part 401) to 
include the revised special procedure. Pending amendment of the 
regulations, we are announcing the revised special procedure via this 
publication.

II. Effect of Revisions on Individual Rights

    The proposed changes will:

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    (1) Revise SSA's special procedures for access to medical records 
in accordance with Bavido v. Apfel;
    (2) Clarify that an individual is not required to designate a 
representative in writing unless the Agency first determines that 
direct access to those records would adversely affect him; and
    (3) Indicate that a designated representative does not have 
discretion to withhold the records from the individual.

    Dated: July 26, 2000.
Darrell Blevins,
SSA Privacy Officer.
[FR Doc. 00-19336 Filed 7-31-00; 8:45 am]
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