[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Notices]
[Pages 14954-14959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7103]


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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 amend systems of records.

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SUMMARY: The Department of the Army is amending four systems of records 
notices in its existing inventory of records systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
    The amendments are required to alert the users of these systems of 
records of the additional requirements of the Health Insurance 
Portability and Accountability Act (HIPAA) of 1996, as implemented by 
DoD 6025.18-R, DoD Health Information Privacy Regulation. Language 
being added under the ``Routine Use'' category is as follows:

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.


DATES: This proposed action will be effective without further notice on 
April 28, 2003 unless comments are received which result in a contrary 
determination.

ADDRESSES: Department of the Army, Freedom of Information/Privacy Act 
Office, U.S. Army Records Management and Declassification Agency, ATTN: 
TAPC-PDD-FP, 7798 Cissna Road, Suite 205, Springfield, VA 22153-3166.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-7137/
DSN 656-7137.

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 specific changes to the records system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The

[[Page 14955]]

proposed amendments are not within the purview of subsection (r) of the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the 
submission of a new or altered system report.

    Dated: March 19, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0040-57a DASG

SYSTEM NAME:
    Armed Forces Repository of Specimen Samples for the Identification 
of Remains (March 2, 1998, 63 FR 10205).

CHANGES:
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Add a new paragraph to the end of the entry ``Note: This system of 
records contains individually identifiable health information. The DoD 
Health Information Privacy Regulation (DoD 6025.18-R) issued pursuant 
to the Health Insurance Portability and Accountability Act of 1996, 
applies to most such health information. DoD 6025.18-R may place 
additional procedural requirements on the uses and disclosures of such 
information beyond those found in the Privacy Act of 1974 or mentioned 
in this system of records notice.''
* * * * *
A0040-57a DASG

SYSTEM NAME:
    Armed Forces Repository of Specimen Samples for the Identification 
of Remains.

SYSTEM LOCATION:
    Armed Forces Repository of Specimen Samples for the Identification 
of Remains, Armed Forces Institute of Pathology, 16050 Industrial 
Drive, Gaithersburg, MD 20877-1414.

Categories of individuals covered by the system:
    Department of Defense military personnel (Active and reserve).
    Civilian family members of Department of Defense military personnel 
(Active and reserve) who voluntarily provide specimens for DNA typing 
for purpose of identifying the human remains of family members.
    DoD civilian and contractor personnel deploying with the armed 
forces.
    Other individuals may also be included in this system when the 
Armed Forces Institute of Pathology (AFIP) is requested by Federal, 
state, local and foreign authorities to identify human remains.

Categories of records in the system:
    Specimen collections from which a DNA typing can be obtained (oral 
swabs, blood and blood stains, bone, and tissue), and the DNA typing 
results. Accession number, specimen locator information, collection 
date, place of collection, individual's name, Social Security Number, 
right index fingerprint, signature, branch of service, sex, race and 
ethnic origin, address, place and date of birth, and relevant kindred 
information, past and present.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 131; 10 U.S.C. 
3013, Secretary of Army; 10 U.S.C. 5013, Secretary of the Navy; 10 
U.S.C. 8013, Secretary of the Air Force; E.O. 9397 (SSN); Deputy 
Secretary of Defense memorandum dated December 16, 1991; and Assistant 
Secretary of Defense (Health Affairs) memoranda dated January 5, 1993, 
March 9, 1994, April 2, 1996, and October 11, 1996.

Purpose(s):
    Information in this system of records will be used for the 
identification of human remains. The data collected and stored will not 
be analyzed until needed for the identification of human remains.

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 Federal, state, local and foreign authorities when the Armed 
Forces Institute of Pathology (AFIP) is requested to identify human 
remains.

To a proper authority, as compelled by other applicable law, in a case 
in which all of the following conditions are present:
    (1) The responsible DoD official has received a proper judicial 
order or judicial authorization;
    (2) The specimen sample is needed for the investigation or 
prosecution of a crime punishable by one year or more of confinement;
    (3) No reasonable alternative means for obtaining a specimen for 
DNA profile analysis is available; and
    (4) The use is approved by the Assistant Secretary of Defense for 
Heath Affairs.
    The DoD `Blanket Routine Uses' do not apply to this system.

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored manually and electronically.

Retrievability:
    By individual's surname, sponsor's Social Security Number, date of 
birth, and specimen reference or AFIP accession number.

Safeguards:
    Access to the Armed Forces Institute of Pathology is controlled. 
Computerized records are maintained in controlled areas accessible only 
to authorized personnel. Entry to these areas is restricted to those 
personnel with a valid requirement and authorization to enter. All 
personnel whose duties require access to, or processing and maintenance 
of personnel information are trained in the proper safeguarding and use 
of the information. Any DNA typing information obtained will be handled 
as confidential medical information.

Retention and disposal:
    Records are maintained 50 years and then destroyed by shredding or 
incineration.
    Statistical data used for research and educational projects are 
destroyed after end of project.
    Military personnel, their civilian family members, or others may 
request early destruction of their individual remains identification 
specimen samples following the conclusion of the donor's complete 
military service or other applicable relationship to DoD. For this 
purpose, complete military service is not limited to active duty 
service; it includes all service as a member of the Selected Reserves, 
Individual Ready Reserve, Standby Reserve or Retired Reserve.
    In the case of DoD civilians and contractor personnel, early 
destruction is allowed when the donor is no longer deployed by DoD in a 
geographic area which requires the maintenance of such

[[Page 14956]]

samples. Upon receipt of such requests, the samples will be destroyed 
within 180 days, and notification of the destruction sent to the donor.
    Requests for early destruction may be sent to the Repository 
Administrator, Armed Forces Repository of Specimen Samples for the 
Identification of Remains, Armed Forces Institute of Pathology, 
Washington, DC 20306-6000.

System manager(s) and address:
    Chief Information Officer, Office of the Surgeon General, U.S. Army 
Medical Command, ATTN: MCIM, 2050 Worth Road, Suite 13, Fort Sam 
Houston, TX 78234-6013.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Administrator, Repository and Research Services, ATTN: Armed 
Forces Repository of Specimen Samples for the Identification of 
Remains, Armed Forces Institute of Pathology, Walter Reed Army Medical 
Center, Washington, DC 20306-6000.
    Requesting individual must submit full name, Social Security Number 
and date of birth of military member and branch of military service, if 
applicable, or accession/reference number assigned by the Armed Forces 
Institute of Pathology, if known. For requests made in person, 
identification such as military ID card or valid driver's license is 
required.

Record access procedures:
    Individuals seeking access to information about themselves or 
deceased family members contained in this system should address written 
inquiries to the Administrator, Repository and Research Services, ATTN: 
Armed Forces Repository of Specimen Samples for the Identification of 
Remains, Armed Forces Institute of Pathology, Armed Forces Institute of 
Pathology, Walter Reed Army Medical Center, Washington, DC 20306-6000.
    Requesting individual must submit full name, Social Security Number 
and date of birth of military member and branch of military service, if 
applicable, or accession/reference number assigned by the Armed Forces 
Institute of Pathology, if known.

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:
    Individual, family member, diagnostic test, other available 
administrative or medical records obtained from civilian or military 
sources.

Exemptions claimed for the system:
    None.
A0040-66a DASG

System name:
    Medical Staff Credentials File (August 7, 1997, 62 FR 24532).

Changes:
* * * * *
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses: Add a new paragraph 
to the end of the entry ``Note: This system of records contains 
individually identifiable health information. The DoD Health 
Information Privacy Regulation (DoD 6025.18-R) issued pursuant to the 
Health Insurance Portability and Accountability Act of 1996, applies to 
most such health information. DoD 6025.18-R may place additional 
procedural requirements on the uses and disclosures of such information 
beyond those found in the Privacy Act of 1974 or mentioned in this 
system of records notice.''
* * * * *
A0040-66a DASG

System name:
    Medical Staff Credentials File.

System location:
    Medical treatment facilities at Army commands, installations 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:
    Individuals performing clinical practice in medical treatment 
facilities.

Categories of records in the system:
    Documents reflecting delineation of clinical privileges and 
clinical performance and medical malpractice case files.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. Chapter 55, 
Medical and Dental Care; Army Regulation 40-66, Medical Record 
Administration and Health Care Documentation; and E.O. 9397 (SSN).

Purpose(s):
    To determine and assess capability of practitioner's clinical 
practice.

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:
    In specific instances, clinical privileged information from this 
system of records may be provided to civilian and military medical 
facilities, Federation of State Medical Boards of the United States, 
State Licensure Authorities and other appropriate professional 
regulating bodies for use in assuring high quality health care.
    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: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    PAPER RECORDS IN FILE FOLDERS.

Retrievability:
    By individual's surname.

Safeguards:
    Records are maintained in areas accessible only to the medical 
treatment facility commander and credentials committee members.

Retention and disposal:
    Records are retained in medical treatment facility of individual's 
last assignment. Records of military members are transferred to 
individual's Military Personnel Records Jacket upon separation or 
retirement. Records on civilian personnel are destroyed 5 years after 
employment terminates.
    Medical malpractice case files are destroyed after 10 years.

System manager(s) and address:
    Chief Information Officer, Office of the Surgeon General, U.S. Army 
Medical Command, ATTN: MCIM, 2050 Worth Road, Suite 13, Fort Sam 
Houston, TX 78234-6013.

[[Page 14957]]

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the commander of the medical treatment where practitioner provided 
clinical service. Official mailing addresses are published as an 
appendix to the Army's compilation of record systems notices.
    For verification purposes, the individual should provide the full 
name, Social Security Number, and signature.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this record system should address written inquiries to the commander of 
the medical treatment where practitioner provided clinical service. 
Official mailing addresses are published as an appendix to the Army's 
compilation of record systems notices.
    For verification purposes, the individual should provide the full 
name, Social Security Number, and signature.

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:
    Interviewer, individual's application, medical audit results, other 
administrative or investigative records obtained from civilian or 
military sources.

Exemptions claimed for the system:
    None.
A0040-400 DASG

System name:
    Entrance Medical Examination Files (March 29, 2000, 65 FR 16568).

Changes:
* * * * *
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses: Add a new paragraph 
to the end of the entry ``Note: This system of records contains 
individually identifiable health information. The DoD Health 
Information Privacy Regulation (DoD 6025.18-R) issued pursuant to the 
Health Insurance Portability and Accountability Act of 1996, applies to 
most such health information. DoD 6025.18-R may place additional 
procedural requirements on the uses and disclosures of such information 
beyond those found in the Privacy Act of 1974 or mentioned in this 
system of records notice.''
* * * * *
A0040-400 DASG

System name:
    Entrance Medical Examination Files.

System location:
    Army medical examining facilities; military entrance processing 
stations (For enlistees); Department of Defense Medical Review Board, 
U.S. Academy, CO 80840-2200 (except for reservists). Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.

Categories of individuals covered by the system:
    Individuals who enroll in the Reserve Officers Training Corps 
(nonscholarship) program, enlist or are appointed in the active or 
reserve units of the Armed Forces.

Categories of records in the system:
    Entrance medical examination and resulting documentation such as SF 
88, Report of Medical Examination, and SF 93, Report of Medical 
History, together with relevant and supporting documents.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C., Chapter 55; Army 
Regulation 601-270, Military Entrance Processing Station; and E.O. 9397 
(SSN).

Purpose(s):
    To determine medical acceptance of applicant for military service 
and thereafter to properly assign and use individual. Management data 
are derived from and used by Health Services Command to evaluate 
effectiveness of procurement medical standards.

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:
    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: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders; selected management data are stored 
on word processing or magnetic discs and tapes.

Retrievability:
    By individual's surname and Social Security Number.

Safeguards:
    Records are maintained in secured buildings, accessible only to 
authorized personnel.

Retention and disposal:
    Original SF 88 and SF 93 become permanent documents in individual's 
Health Record: 1 copy of these forms and supporting documentation is 
retained by the military entrance processing station examining facility 
for 2 years; 1 copy is forwarded to the Department of Defense Medical 
Review Board where it is retained until no longer needed then 
destroyed. Medical records on qualified applicants are retained for 2 
years then destroyed. Records of individuals rejected for military 
service will be maintained until all requirements of Pub. L. 104-201 
are met and until a records disposition is obtained from the National 
Archives and Records Administration.

System manager(s) and address:
    Chief Information Officer, Office of the Surgeon General, U.S. Army 
Medical Command, 2050 Worth Road, Suite 13, Fort Sam Houston, TX 78234-
6013.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the commander of the medical examining facility where physical 
examination was given. Official mailing addresses are published as an 
appendix to the Army's compilation of systems of records notices.
    For verification purposes, the individual should provide their full 
name, Social Security Number, home address, approximate date of the 
examination, and signature.

[[Page 14958]]

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
commander of the medical examining facility where physical examination 
was given. Official mailing addresses are published as an appendix to 
the Army's compilation of systems of records notices.
    For verification purposes, the individual should provide their full 
name, Social Security Number, home address, approximate date of the 
examination, and signature.

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:
    From the individual; the physician and other medical personnel.

Exemptions claimed for the system:
    None.
A0040-407 DASG

System name:
    Army Community Health Nursing Records--Family Records (August 7, 
1997, 62 FR 42533).

Changes:
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph to the end of the entry `Note: This system of 
records contains individually identifiable health information. The DoD 
Health Information Privacy Regulation (DoD 6025.18-R) issued pursuant 
to the Health Insurance Portability and Accountability Act of 1996, 
applies to most such health information. DoD 6025.18-R may place 
additional procedural requirements on the uses and disclosures of such 
information beyond those found in the Privacy Act of 1974 or mentioned 
in this system of records notice.'
* * * * *
A0040-407 DASG

System name:
    Army Community Health Nursing Records--Family Records.

System location:
    Army Medical Centers and hospitals. Official mailing addresses are 
published as an appendix to the Army's compilation of systems of 
records notices.

Categories of individuals covered by the system:
    Individuals eligible for Army military medical care.

Categories of records in the system:
    Family Record Form (DA Form 3762) Case Referral Form (DA Form 
3763); Medical diagnosis, observations, socioeconomic plans and goals 
for nursing care, summarization of consultations, and similar relevant 
documents and reports.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. Chapter 55; Army 
Regulation 40-407, Nursing Records and Reports; and E.O. 9397 (SSN).

Purpose(s):
    To identify family members who receive Army community health 
nursing care.

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:
    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: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders retained in the Army Community Health 
Nursing Office; copy of DA Forms 3762 and 3763 is filed in individual's 
outpatient medical record.

Retrievability:
    By surname of eligible military member or sponsor.

Safeguards:
    Records are maintained in areas accessible only to authorized 
personnel having official need therefore. Facilities are locked during 
non-duty hours.

Retention and disposal:
    Records are destroyed 3 years after case is closed.

System manager(s) and address:
    Chief Information Officer, Office of the Surgeon General, U.S. Army 
Medical Command, ATTN: MCIM, 2050 Worth Road, Suite 13, Fort Sam 
Houston, TX 78234-6013.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Patient Administrator of the Army medical treatment facility 
which provided the health nursing care. Official mailing addresses are 
published as an appendix to the Army's compilation of systems of 
records notices.
    For verification purposes, the individual should furnish the full 
name, Social Security Number, name and Social Security Number of 
sponsor, if applicable, relationship to military member, current 
address and telephone number, and signature.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Patient Administrator of the Army medical treatment facility which 
provided the health nursing care. Official mailing addresses are 
published as an appendix to the Army's compilation of systems of 
records notices.
    For verification purposes, the individual should furnish the full 
name, Social Security Number, name and Social Security Number of 
sponsor, if applicable, relationship to military member, current 
address and telephone number, and signature.

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:
    From the individual, family members, other persons having 
information relevant to health of family members; educational 
institutions; civilian health, welfare, and recreational agencies; 
civilian law enforcement agencies.

[[Page 14959]]

Exemptions claimed for the system:
    None.

[FR Doc. 03-7103 Filed 3-26-03; 8:45 am]
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