[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19151-19153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9137]


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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 altering a 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. The alteration adds a 
new category of records being maintained.

DATES: This proposed action will be effective without further notice on 
May 14, 2001 unless comments are received which result in a contrary 
determination.

ADDRESSES: Records Management Division, U.S. Army Records Management 
and Declassification Agency, ATTN: TAPC-PDD-RP, Stop 5603, 6000 6th 
Street, Ft. Belvoir, VA 22060-5603.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or DSN 656-3711.

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 April 3, 2001, to the 
House Committee on Government Reform, 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: April 6, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0040-66b DASG

System name:
    Health Care and Medical Treatment Record System (September 27, 
2000, 65 FR 58054).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete `Coast and Geodetic Survey' and replace with `National 
Oceanic and Atmospheric Agency'.

Categories of records in the system:
    Delete `Name, sponsor's Social Security Number' from first 
paragraph, and `preventive medicine HIV patients files' from second 
paragraph. Add `Psychological Assessment and Selection Case records' to 
first paragraph.

Authority for maintenance of the system:
    Delete entry and replace with `10 U.S.C. 3013, Secretary of the 
Army; 10 U.S.C. 1071-1085, Medical and Dental Care; 50 U.S.C. 
Supplement IV, Appendix 454, as amended, Persons liable for training 
and service; 42 U.S.C. Chapter 117, Sections 11131-11152, Reporting of 
Information; 10 U.S.C. 1097a and 1097b TRICARE Prime and TRICARE 
Program; 10 U.S.C. 1079, Contracts for Medical Care for Spouses and 
Children; 10 U.S.C. 1079a, CHAMPUS; 10 U.S.C. 1086, Contracts for 
Health Benefits for Certain Members, Former Members, and Their 
Dependents; E.O. 9397 (SSN); DoD Instruction 6015.23, Delivery of 
Healthcare at Military Treatment Facilities (MTFs); DoD Directive 
6040.37, Confidentiality of Medical Quality Assurance (QA) Records; DoD 
6010.8-R, Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS); Army Regulation 40-66, Medical Record Administration and 
Health Care Documentation.'

Purpose(s):
    Delete entry and replace with `To provide health care and medical

[[Page 19152]]

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 determine benefits; to evaluate care 
rendered; determine professional certification and hospital 
accreditation; and determine medical and psychological suitability of 
persons for service or assignment.'
* * * * *

Retention and disposal:
    Delete entry and replace with `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 50-75 years.
    All 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 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.
    Until the National Archives and Records Administration approves the 
disposition of Psychological Assessment and Selection Case records, 
treat as permanent.
* * * * *
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); 
family members; civilian employees of the Department of Defense; 
members of the U.S. Coast Guard, Public Health Service, and National 
Oceanic and Atmospheric Agency; cadets and midshipmen of the military 
academies; employees of the American National Red Cross; and other 
categories of individuals who receive medical treatment at Army Medical 
Department facilities/activities.

Categories of records in the system:
    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); and Psychological 
Assessment and Selection Case records.
    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:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 1071-1085, Medical 
and Dental Care; 50 U.S.C. Supplement IV, Appendix 454, as amended, 
Persons liable for training and service; 42 U.S.C. Chapter 117, 
Sections 11131-11152, Reporting of Information; 10 U.S.C. 1097a and 
1097b TRICARE Prime and TRICARE Program; 10 U.S.C. 1079, Contracts for 
Medical Care for Spouses and Children; 10 U.S.C. 1079a, CHAMPUS; 10 
U.S.C. 1086, Contracts for Health Benefits for Certain Members, Former 
Members, and Their Dependents; E.O. 9397 (SSN); DoD Instruction 
6015.23, Delivery of Healthcare at Military Treatment Facilities 
(MTFs); DoD Directive 6040.37, Confidentiality of Medical Quality 
Assurance (QA) Records; DoD 6010.8-R, Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS); Army Regulation 40-66, 
Medical Record Administration and Health Care Documentation.

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 
determine benefits; to evaluate care rendered; determine professional 
certification and hospital accreditation; and determine medical and 
psychological 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 
6015.23, 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

[[Page 19153]]

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 or 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 DoD `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 DoD `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; magnetic tapes/discs; computer printouts; x-ray film 
preservers.

Retrievability:
    By patient or sponsor's surname or by 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 50-75 years.
    All 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 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.
    Until the National Archives and Records Administration approves the 
disposition of Psychological Assessment and Selection Case records, 
treat as permanent.

System manager(s) and address:
    Commander, U.S. Army Medical Command, Suite 13, 2050 Worth Road, 
Fort Sam Houston, TX 78234-6010.

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. 01-9137 Filed 4-12-01; 8:45 am]
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