[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Notices]
[Pages 22407-22408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10422]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2003-15026]


Health Information Privacy Program

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces provisions to allow for appropriate 
uses and disclosures of protected health information concerning members 
of the Armed Forces to assure the proper execution of the military 
mission. A similar notice has been published by the Department of 
Defense for members of the Armed Forces within their jurisdiction.

DATES: This notice is effective as of April 14, 2003.

FOR FURTHER INFORMATION CONTACT: Chief, Clinical Support and Quality 
Assurance Division, Office of Health Services, Health and Safety 
Directorate, U.S. Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001, 202-267-6101.

SUPPLEMENTARY INFORMATION: Under 45 CFR part 164,``Standards for 
Privacy of Individually Identifiable Health Information,'' a covered 
entity may use and disclose the protected health information of 
individuals who are Armed Forces personnel for activities deemed 
necessary by appropriate military command authorities to assure the 
proper execution of the military mission. However, the appropriate 
military authority must publish a notice in the Federal Register 
indicating the appropriate military command authorities and the 
purposes for which the protected health information may be used or 
disclosed. The Department of Defense has already published a notice 
with respect to members of the Armed Forces within the jurisdiction of 
that Department (68 FR 17357, April 9,

[[Page 22408]]

2003). The present notice implements those provisions with respect to 
members of the Coast Guard or members of the other Armed Forces falling 
within the Coast Guard's jurisdiction. Under 45 CFR 164.512(k)(1)(i), 
the Coast Guard has established the following provisions:
    1. General rule. A covered entity (including a covered entity not 
part of or affiliated with the Department of Homeland Security) may use 
and disclose the protected health information of individuals who are 
Armed Forces personnel for activities deemed necessary by appropriate 
military command authorities to assure the proper execution of the 
military mission.
    2. Appropriate Military Command Authorities. For purposes of 
paragraph 1, appropriate Military Command authorities are the 
following:
    2.1. All Commanders who exercise authority over an individual who 
is a member of the Armed Forces, or other persons designated by such a 
Commander to receive protected health information in order to carry out 
an activity under the authority of the Commander.
    2.2. The Secretary of Homeland Security, when the Coast Guard is 
not operating as a service in the Department of the Navy.
    2.3. Any official delegated authority by the Secretary of Homeland 
Security to take an action designed to ensure the proper execution of 
the military mission.
    3. Purposes for which protected health information may be used or 
disclosed. For purposes of paragraph 1, the purposes for which any and 
all of the protected health information of an individual who is a 
member of the Armed Forces may be used or disclosed are as follows:
    3.1. To determine the member's fitness for duty, including but not 
limited to the member's compliance with standards and all other 
activities carried out under the authority of COMDTINST M1020.8C, 
``Allowable Weight Standards for the Health and Well-being of Coast 
Guard Military Personnel;'' COMDTINST M1850.2C, ``Physical Disability 
Evaluation System;'' and similar requirements pertaining to fitness for 
duty.
    3.2. To determine the member's fitness to perform any particular 
mission, assignment, order, or duty, including any actions required as 
a precondition to performance of such a mission, assignment, order, or 
duty.
    3.3. To carry out activities under the authority of COMDTINST 
M6000.1B, ``The Coast Guard Medical Manual,'' chapter 12 (Occupational 
Medical Surveillance & Evaluation Program).
    3.4. To report on casualties in any military operation or activity 
according to applicable Coast Guard regulations or procedures.
    3.5. To carry out any other activity necessary to the proper 
execution of the mission of the Armed Forces.

    Dated: April 23, 2003.
Kenneth T. Venuto,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human 
Resources.
[FR Doc. 03-10422 Filed 4-25-03; 8:45 am]
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