[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Notices]
[Pages 41573-41578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15211]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of establishment of new system of records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e) (4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their systems of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new system of 
records entitled ``The Revenue Program--Billing and Collections 
Records--VA'' (114VA17).

DATES: Comments on this new system of records must be received no later 
than July 18, 2002. If no public comment is received, the new system 
will become effective July 18, 2002.

ADDRESSES: You may mail or hand-deliver written comments concerning the 
proposed new system of records to the Office of Regulations Management 
(02D), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420; or fax comments to (202) 273-9289; or email 
comments to ``[email protected]''. All relevant material 
received before July 18, 2002 will be considered. Comments will be 
available for public inspection at the above address in the Office of 
Regulations Management, Room 1158, between the hours of 8 a.m. and 4:30 
p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420, telephone (727) 320-1839.

SUPPLEMENTARY INFORMATION:

I. Description of the Proposed Systems of Records

    In 1986, Pub. L. 99-272, Consolidated Omnibus Budget Reconciliation 
Act of 1985, enacted April 7, 1986, established the means test program 
and gave VA the authority to seek reimbursement from third party health 
insurance carriers for care provided to nonservice-connected veterans. 
Pub. L. 101-508, Omnibus Budget Reconciliation Act of 1990, enacted 
November 5, 1990, established per diem copayments, prescription 
copayments and gave VA the authority to seek reimbursement from third 
party health insurance carriers for care provided to service-connected 
veterans

[[Page 41574]]

for their nonservice-connected conditions. The Integrated Billing 
software in VistA located at each VA health care facility is an 
automated integrated billing system used to process billing of, and 
collections from, third party health insurance carriers for medical 
care or services received by a veteran for a nonservice-connected 
condition. The VA health care facilities are able to submit claims to 
third parties either electronically (EDI) or via paper. The use of 
electronic claims processing increases the efficiency of third party 
billing. In order to electronically submit claims, the third parties 
(health insurance carriers) require enrollment of health care providers 
from each VA health care facility. This enrollment process enables the 
third party payers to set up electronic databases to recognize claims 
from a specific VA health care facility, and to grant permission to the 
VA's health care clearinghouse to submit claims to a third party payer 
on behalf of each VA health care facility. The records and information 
in the system are also used for the billing of, and collections from, 
other Federal agencies for medical care or services received by an 
eligible beneficiary. The billing and collections for first party 
(veterans required to make copayments based on eligibility) is located 
at the VA Austin Automation Center (AAC), Austin, Texas. The Integrated 
Billing software in VistA at each VA health care facility creates a 
first party (veteran required to make copayments based on eligibility) 
statement based on medical care or services provided to a veteran for a 
nonservice-connected condition. The Integrated Billing software in 
VistA then transmits the first party statements to the AAC for printing 
and mailing to the veteran.
    The purpose of this Billing and Collections system of records is to 
compile all relative information in order to: (1) Bill to or collect 
from third parties (insurance carriers) for medical care or services 
received by a veteran for a nonservice-connected condition; (2) bill to 
or collect from other Federal agencies for medical care or services 
received by an eligible beneficiary; (3) bill to or collect from a 
veteran required to make copayments based on eligibility (first party) 
for medical care or services received by a veteran for a nonservice-
connected condition; (4) identify and/or verify insurance coverage of a 
veteran or veteran's spouse prior to submitting claims for medical care 
or services; (5) submit appeals to third party for non-reimbursement of 
claims for medical care or services provided to a veteran; (6) enroll 
health care providers, utilizing the Provider Healthcare Ongoing EDI 
Billing Enrollment software (PHOEBE), with third party health plans and 
VA's health care clearinghouse in order to electronically file claims 
for medical care or services; and (7) report analytical and statistical 
data related to management practices, reimbursement practices of 
insurance carriers, and billing and collection data. The information in 
this system of records may be retrieved by patient name, social 
security number or other assigned identifier as well as by provider 
name, social security number or other assigned identifier.
    The information used for billing and collections was previously 
covered under the ``Patient Medical Record-VA'' (24VA136) system of 
records. We are establishing a new system of records to incorporate 
changes necessary for electronic billing and data exchange and to 
consolidate all billing and collections references into one system of 
records. This will provide one source of reference and will permit 
administrative ease when revisions or updates are required.

II. Proposed Routine Use Disclosures of Data in the System

    We are proposing to establish the following routine use disclosures 
for information which will be maintained in the system:
    To the extent that records contained in the system include 
information protected by 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332; i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
    1. On its own initiative, VA may disclose information, except for 
the names and home address of veterans and their dependents, to a 
Federal, State, local, tribal or foreign agency charged with the 
responsibility of investigating or prosecuting civil, criminal or 
regulatory violations of law, or charged with enforcing or implementing 
the statute, regulation, rule or order issued pursuant thereto. On its 
own initiative, VA may also disclose the names and addresses of 
veterans and their dependents to a Federal agency charged with the 
responsibility of investigating or prosecuting civil, criminal or 
regulatory violations of law, or charged with enforcing or implementing 
the statute, regulation, rule or order issued pursuant thereto.
    2. Disclosure may be made to an agency in the executive, 
legislative, or judicial branch, or the District of Columbia's 
government in response to its request or at the initiation of VA, in 
connection with the letting of a contract, other benefits by the 
requesting agency, or the lawful statutory, administrative, or 
investigative purpose of the agency to the extent that the information 
is relevant and necessary to the requesting agency's decision. However, 
names and addresses of veterans and their dependents will be released 
only to Federal entities.
    3. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual.
    Individuals sometimes request the help of a member of Congress in 
resolving some issue relating to a matter before VA. The member of 
Congress then writes VA, and VA must be able to give sufficient 
information to be responsive to the inquiry.
    4. Disclosure may be made to National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 U.S.C.
    NARA is responsible for archiving old records no longer actively 
used, but which may be appropriate for preservation; they are 
responsible in general for the physical maintenance of the Federal 
government's records. VA must be able to turn records over to these 
agencies in order to determine the proper disposition of such records.
    5. Disclosure may be made 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.
    6. Any information in this system of records, including personal 
information obtained from other Federal agencies through computer 
matching programs, may be disclosed for the purposes identified below 
to any 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 VA. Information may be disclosed under this routine use 
only to the extent that it is reasonably necessary for the following 
purposes: (a) To assist VA in collection of title 38 overpayments, 
overdue indebtedness,

[[Page 41575]]

and/or 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 obtain title 38 benefits 
without entitlement. This disclosure is consistent with 38 U.S.C. 
5701(b)(6).
    7. 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 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.
    8. The name of a veteran, or other beneficiary, other information 
as is reasonably necessary to identify such individual, and any 
information concerning the individual's indebtedness by virtue of a 
person's participation in a medical care and treatment program 
administered by VA, may be disclosed to the Treasury Department, 
Internal Revenue Service, for the collection of indebtedness arising 
from such program by the withholding of all or a portion of the 
person's Federal income tax refund. These records may be disclosed as 
part of a computer-matching program to accomplish these purposes.
    The Debt Collection Act of 1982 provided the statutory authority 
for federal agencies to collect debt through administrative offset. The 
Debt Collection Improvement Act of 1996 expanded the statutory 
authority for The Treasury Offset Program (TOP) by requiring agencies 
to transfer delinquent non-tax debts over 180 days to the U.S. Treasury 
for the purpose of offsetting federal payments to collect delinquent 
debts owed the Federal government. VA must be able to disclose 
information as deemed necessary to accomplish this purpose.
    9. Relevant information (excluding medical treatment information 
related to drug or alcohol abuse, infection with the human 
immunodeficiency virus or sickle cell anemia) may be disclosed to the 
Department of Health and Human Services (HHS) for the purpose of 
identifying improper duplicate payments made by Medicare fiscal 
intermediaries where VA authorized and was responsible for payment for 
medical services obtained at non-VA health care facilities.
    The purpose of the review is for HHS to identify duplicate payments 
and initiate recovery of identified overpayments and, where warranted, 
initiate fraud investigations, or, to seek reimbursement from VA for 
those services which were authorized by VA and for which no payment, or 
partial payment by VA was made. The information to be disclosed to HHS 
for those patients authorized by VA to obtain medical services from 
non-VA health care facilities includes patient identifying information 
to include name, address, social security number, and date of birth, 
and dates of admission and discharge, diagnostic, surgical and 
procedures codes, and state and county of residence and zip code. These 
records may also be disclosed as part of an ongoing computer-matching 
program to accomplish these purposes.
    10. The social security number, universal personal identification 
number and other identifying information of a health care provider may 
be disclosed to a third party where the third party requires the agency 
to provide that information before it will pay for medical care 
provided by VA.
    Third party (insurance carriers) payers often require identifying 
information of healthcare providers before reimbursing the VA for 
medical treatment or services rendered to a veteran. In these 
situations, VA must be able to disclose the required identifying 
information, usually in the form of social security number or universal 
personal identification number.
    11. Relevant information may be disclosed to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem practical 
for the purposes of laws administered by VA, in order for the 
contractor to perform the services of the contract or agreement.
    VA occasionally contracts out certain billing and collection 
functions when this would contribute to effective and efficient 
operations. VA must be able to give a contractor whatever information 
is necessary for the contractor to fulfill the services set forth in 
the contract or agreement. In these situations, safeguards are provided 
in the contract or agreement prohibiting the contractor from using or 
disclosing the information for any purpose other than that described in 
the contract or agreement.
    12. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank and/or State Licensing 
Board in the State(s) in which a practitioner is licensed, in which the 
VA facility is located, and/or in which an act or omission occurred 
upon which a medical malpractice claim was based when VA reports 
information concerning: (a) Any payment for the benefit of a physician, 
dentist, or other licensed health care practitioner which was made as 
the result of a settlement or judgment of a claim of medical 
malpractice if an appropriate determination is made in accordance with 
agency policy that payment was related to substandard care, 
professional incompetence or professional misconduct on the part of the 
individual; (b) a final decision which relates to possible incompetence 
or improper professional conduct that adversely affects the clinical 
privileges of a physician or dentist for a period longer than 30 days; 
or, (c) the acceptance of the surrender of clinical privileges or any 
restriction of such privileges by a physician or dentist either while 
under investigation by the health care entity relating to possible 
incompetence or improper professional conduct, or in return for not 
conducting such an investigation or proceeding. These records may also 
be disclosed as part of a computer-matching program to accomplish these 
purposes.
    13. Patient identifying information may be disclosed from this 
system of records to any third party (insurance carrier) or Federal 
agency such as the Department of Defense, Office of Personnel 
Management and Department of Health and Human Services and VA and 
government-wide third-party insurers responsible for payment of the 
cost of medical care for the identified patients in order for VA to 
seek recovery of the medical care costs. These records may also be 
disclosed as part of a computer-matching program to accomplish these 
purposes.
    VA must be able to provide relevant information to a third party in 
order to seek reimbursement for the medical care or services provided. 
The VA also must be able to provide relevant information to Federal 
agencies when medical care and services have been provided to patients 
through Sharing Agreements.
    14. Relevant information, including the nature and amount of a 
financial obligation, may be disclosed, in order to assist VA in the 
collection of unpaid financial obligations owed the VA, to a debtor's 
employing agency or commanding officer so that the debtor-employee may 
be counseled by his or her Federal employer or commanding officer. This 
purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 
of Executive Order 11222 of May 8, 1965 (30 FR 6469).

[[Page 41576]]

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information in connection with a matter relating to one of VA's 
programs, will use the information to provide a benefit to VA, or 
disclosure is required by law.
    The notice of intent to publish and an advance copy of the system 
notice have been sent to the appropriate Congressional committees and 
to the Director of the Office of Management and Budget (OMB) as 
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB 
(65 FR 77677), December 12, 2000.

    Approved: May 31, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
114VA17

System Name:
    The Revenue Program--Billing and Collections Records--VA.

System Location:
    Records are maintained at each VA health care facility, (in most 
cases, back-up computer tape information is stored at off-site 
locations). Address locations for VA facilities are listed in VA 
Appendix 1 of the biennial publication of VA Privacy Act Issuances. In 
addition, information from these records or copies of records may be 
maintained at the Department of Veterans Affairs (VA), 810 Vermont Ave. 
NW., Washington, DC; the VA Austin Automation Center (AAC), Austin, 
Texas; Veterans Integrated Service Network (VISN) Offices; and the VA 
Allocation Resource Center (ARC), Boston, Massachusetts.

Categories of individuals covered by the system:
    1. 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.
    2. Beneficiaries of other Federal agencies.
    3. Individuals examined or treated under contract or resource 
sharing agreements.
    4. Individuals examined or treated for research or donor purposes.
    5. Individuals who have applied for title 38 benefits but who do 
not meet the requirements under title 38 to receive such benefits.
    6. Individuals who were provided medical care under emergency 
conditions for humanitarian reasons.
    7. International Government responsible for pensioned members of 
allied forces (Allied Beneficiaries) who are provided health care 
services under Title 38, United States Code, Chapter 1.
    8. Health care professionals providing examination or treatment to 
any individuals within VA health care facilities.
    9. Health care professionals providing examination or treatment to 
individuals under contract or resource sharing agreements.

Categories of records in the system:
    The records may include information related to:
    1. The social security number and insurance policy number of the 
veteran and/or veteran's spouse. The record may include other 
identifying information (e.g., name, date of birth, age, sex, marital 
status) and address information (e.g., home and/or mailing address, 
home telephone number).
    2. Insurance information specific to the veteran and/or spouse to 
include annual deductibles and benefits.
    3. Diagnostic codes (ICD9-CM, CPT-4, and any other coding system) 
pertaining to the individual's medical, surgical, psychiatric, dental 
and/or psychological examination or treatment.
    4. Charges claimed to an insurance company based on treatment/
services provided to the patient.
    5. Charges billed to those veterans who are required to meet 
copayment obligations for treatment/services rendered by the VA.
    6. The name, social security number and/or universal personal 
identification number of health care providers.

Authority for maintenance of the system:
    Title 38, United States Code, sections 1710 and 1729.

Purpose(s):
    The records and information are used for the billing of, and 
collections from, a third party (insurance carriers) or other Federal 
agencies for medical care or services received by a veteran for a 
nonservice-connected condition or from a first party, veteran required 
to make copayments. The records and information are also used for the 
billing of and collections from other Federal agencies for medical care 
or services received by an eligible beneficiary. The data may be used 
to identify and/or verify insurance coverage of a veteran or veteran's 
spouse prior to submitting claims for medical care or services. The 
data may be used to support appeals for non-reimbursement of claims for 
medical care or services provided to a veteran. The data may be used to 
enroll health care providers with health plans and VA's health care 
clearinghouse in order to electronically file third party claims. The 
records and information may be used for statistical analyses to produce 
various management, tracking and follow-up reports, to track and trend 
the reimbursement practices of insurance carriers, and to track billing 
and collection information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332; i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
    1. On its own initiative, VA may disclose information, except for 
the names and home address of veterans and their dependents, to a 
Federal, State, local, tribal or foreign agency charged with the 
responsibility of investigating or prosecuting civil, criminal or 
regulatory violations of law, or charged with enforcing or implementing 
the statute, regulation, rule or order issued pursuant thereto. On its 
own initiative, VA may also disclose the names and addresses of 
veterans and their dependents to a Federal agency charged with the 
responsibility of investigating or prosecuting civil, criminal or 
regulatory violations of law, or charged with enforcing or implementing 
the statute, regulation, rule or order issued pursuant thereto.
    2. Disclosure may be made to an agency in the executive, 
legislative, or judicial branch, or the District of Columbia's 
government in response to its request or at the initiation of VA, in 
connection with the letting of a contract, other benefits by the 
requesting agency, or the lawful statutory, administrative, or 
investigative purpose of the agency to the extent that the information 
is relevant and necessary to the requesting agency's decision. However, 
names and addresses of veterans and their dependents will be released 
only to Federal entities.

[[Page 41577]]

    3. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual.
    4. Disclosure may be made to National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 U.S.C.
    5. Disclosure may be made 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.
    6. Any information in this system of records, including personal 
information obtained from other Federal agencies through computer-
matching programs, may be disclosed for the purposes identified below 
to any 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 VA. Information may be disclosed under this routine use 
only to the extent that it is reasonably necessary for the following 
purposes: (a) To assist VA in collection of title 38 overpayments, 
overdue indebtedness, and/or 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 obtain title 38 
benefits without entitlement. This disclosure is consistent with 38 
U.S.C. 5701(b)(6).
    7. 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 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.
    8. The name of a veteran, or other beneficiary, other information 
as is reasonably necessary to identify such individual, and any 
information concerning the individual's indebtedness by virtue of a 
person's participation in a medical care and treatment program 
administered by VA, may be disclosed to the Treasury Department, 
Internal Revenue Service, for the collection of indebtedness arising 
from such program by the withholding of all or a portion of the 
person's Federal income tax refund. These records may be disclosed as 
part of a computer-matching program to accomplish these purposes.
    9. Relevant information (excluding medical treatment information 
related to drug or alcohol abuse, infection with the human 
immunodeficiency virus or sickle cell anemia) may be disclosed to the 
Department of Health and Human Services (HHS) for the purpose of 
identifying improper duplicate payments made by Medicare fiscal 
intermediaries where VA authorized and was responsible for payment for 
medical services obtained at non-VA health care facilities.
    10. The social security number, universal personal identification 
number and other identifying information of a health care provider may 
be disclosed to a third party where the third party requires the agency 
to provide that information before it will pay for medical care 
provided by VA.
    11. Relevant information may be disclosed to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem practical 
for the purposes of laws administered by VA, in order for the 
contractor to perform the services of the contract or agreement.
    12. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank and/or State Licensing 
Board in the State(s) in which a practitioner is licensed, in which the 
VA facility is located, and/or in which an act or omission occurred 
upon which a medical malpractice claim was based when VA reports 
information concerning: (a) Any payment for the benefit of a physician, 
dentist, or other licensed health care practitioner which was made as 
the result of a settlement or judgment of a claim of medical 
malpractice if an appropriate determination is made in accordance with 
agency policy that payment was related to substandard care, 
professional incompetence or professional misconduct on the part of the 
individual; (b) a final decision which relates to possible incompetence 
or improper professional conduct that adversely affects the clinical 
privileges of a physician or dentist for a period longer than 30 days; 
or, (c) the acceptance of the surrender of clinical privileges or any 
restriction of such privileges by a physician or dentist either while 
under investigation by the health care entity relating to possible 
incompetence or improper professional conduct, or in return for not 
conducting such an investigation or proceeding. These records may also 
be disclosed as part of a computer-matching program to accomplish these 
purposes.
    13. Patient identifying information may be disclosed from this 
system or records to any third party or Federal agency such as the 
Department of Defense, Office of Personnel Management, HHS and 
government-wide third-party insurers responsible for payment of the 
cost of medical care for the identified patients in order for VA to 
seek recovery of the medical care costs. These records may also be 
disclosed as part of a computer-matching program to accomplish these 
purposes.
    14. Relevant information, including the nature and amount of a 
financial obligation, may be disclosed, in order to assist VA in the 
collection of unpaid financial obligations owed the VA, to a debtor's 
employing agency or commanding officer so that the debtor-employee may 
be counseled by his or her Federal employer or commanding officer. This 
purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 
of Executive Order 11222 of May 8, 1965 (30 FR 6469).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this 
system to consumer reporting agencies as defined in the Fair Credit 
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on paper or electronic media.

RETRIEVABILITY:
    Records are retrieved by name, social security number or other 
assigned identifier of the individuals on whom they are maintained or 
by specific bill number assigned to the claim of the individuals on 
whom they are maintained.

SAFEGUARDS:
    1. Access to VA working and storage areas is restricted to VA 
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. Generally,

[[Page 41578]]

VA file areas are locked after normal duty hours and the facilities are 
protected from outside access by the Federal Protective Service or 
other security personnel.
    2. Information in VistA may only be accessed by authorized VA 
personnel. Access to file information is controlled at two levels. The 
systems recognize authorized personnel by series of individually unique 
passwords/codes as a part of each data message, and personnel are 
limited to only that information in the file, which is needed in the 
performance of their official duties. Information that is downloaded 
from VistA and maintained on personal computers is afforded similar 
storage and access protections as the data that is maintained in the 
original files. Access to information stored on automated storage media 
at other VA locations is controlled by individually unique passwords/
codes. Access by Office of Inspector General (OIG) staff conducting an 
audit, investigation, or inspection at the health care facility, or an 
OIG office location remote from the health care facility, is controlled 
in the same manner.
    3. Information downloaded from VistA and maintained by the OIG 
headquarters and Field Offices on automated storage media is secured in 
storage areas for facilities to which only OIG staff have access. Paper 
documents are similarly secured. Access to paper documents and 
information on automated storage media is limited to OIG employees who 
have a need for the information in the performance of their official 
duties. Access to information stored on automated storage media is 
controlled by individually unique passwords/codes.
    4. Access to the VA Austin Automation Center (AAC) is generally 
restricted to AAC employees, custodial personnel, Federal Protective 
Service and other security personnel. Access to computer rooms is 
restricted to authorized operational personnel through electronic 
locking devices. All other persons gaining access to computer rooms are 
escorted. Information stored in the AAC databases may be accessed.
    5. Access to records maintained at the VA Allocation Resource 
Center (ARC) and the VISN Offices is restricted to VA employees who 
have a need for the information in the performance of their official 
duties. Access to information stored in electronic format is controlled 
by individually unique passwords/codes. Records are maintained in 
manned rooms during working hours. The facilities are protected from 
outside access during non-working hours by the Federal Protective 
Service or other security personnel.

RETENTION AND DISPOSAL:
    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.

SYSTEM MANAGER(S) AND ADDRESS:
    The official responsible for policies and procedures is the 
Director, Revenue Office (174), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420. The local officials 
responsible for maintaining the system are the Director of the facility 
where the individual is or was associated.

NOTIFICATION PROCEDURE:
    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 last VA health care 
facility where care was rendered. Addresses of VA health care 
facilities may be found in VA Appendix 1 of the biennial publication of 
VA Privacy Act Issuances. All inquiries must reasonably identify the 
place and approximate date that medical care was provided. Inquiries 
should include the patient's full name, social security number, 
insurance company information, policyholder and policy identification 
number as well as a return address.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call or visit the VA facility 
location where they were treated.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    The patient, family members or guardian, and friends, employers or 
other third parties when otherwise unobtainable from the patient or 
family; health insurance carriers; private medical facilities and 
health care professionals; State and local agencies; other Federal 
agencies; VA regional offices; Veterans Benefits Administration 
automated record systems, including Veterans and Beneficiaries 
Identification and Records Location Subsystem--VA (38VA23) and the 
Compensation, Pension, Education and Rehabilitation Records--VA 
(58VA21/22); and various automated systems providing clinical and 
managerial support at VA health care facilities to include Veterans 
Health Information Systems and Technology Architecture (VistA) 
(79VA19).

[FR Doc. 02-15211 Filed 6-17-02; 8:45 am]
BILLING CODE 8320-01-P