[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Rules and Regulations]
[Pages 62750-62751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27716]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

45 CFR part 5b


Privacy Act; Implementation

AGENCY: Office of the Secretary, HHS.

ACTION: Final rule.

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SUMMARY: The Office for Civil Rights (OCR) of the Department of Health 
and Human Services has implemented a new system of records (SOR) 
entitled the ``Program Information Management System (PTMS), HHS/OS/OCR 
(09-90-0052).'' This system has replaced OCR's two previous systems of 
records, the ``Case Information Management System (CIMS), HHS/OS/OCR 
(09-90-0050),'' and the ``Complaint File and Log, HHS/OS/OCR (09-90-
0051).'' PIMS is a new integrated system with enhanced electronic 
storage, retrieval and tracking capacities. The final rule exempts the 
investigative records in PIMS from the notification, access, correction 
and amendment provisions of the Privacy Act, 5 U.S.C. 552a, pursuant to 
subsection (k)(2), which applies to investigative materials compiled 
for law enforcement purposes.

DATES: This is effective on November 6, 2003.

FOR FURTHER INFORMATION CONTACT: Norman Oslik, Chief Information 
Officer, Office for Civil Rights, Department of Health and Human 
Services, Room 509F, Hubert H. Humphrey Building, 200 Independence 
Avenue, SW., Washington, DC 20201. Telephone number: (202) 619-0553. 
(TTY No. 1-800-537-7697).

SUPPLEMENTARY INFORMATION: The Office for Civil Rights (OCR) is 
responsible for enforcing Title VI of the Civil Rights Act of 1964, 
Section 504 of the Rehabilitation Act of 1973, the Age Discrimination 
Act of 1975, and other statutes that prohibit discrimination by 
programs or entities that receive Federal financial assistance. 
Additionally, OCR has jurisdiction over Federally conducted programs in 
cases involving disability based discrimination under section 504 of 
the Rehabilitation Act, over state and local public entities in cases 
involving disability based discrimination under Title II of the 
Americans with Disabilities Act of 1990 and certain health plans, 
health clearing houses, and health care providers with respect to 
enforcement of medical privacy obligations under the Heath Insurance 
Portability and Accountability Act (HIPAA).
    Formerly, OCR maintained two systems of records: The ``Case 
Information Management System (CIMS) HHS/OS/OCR (09-90-0050),'' and the 
``Complaint File and Log, HHS/OS/OCR (09-90-0051).'' CIMS included the 
Case Activity Tracking System (CATS) which was created to use newer 
technology (i.e., moved CIMS off a mainframe computer onto a local 
network environment), but continued to collect and store the same 
information as in CIMS. Records maintained in the Complaint File and 
Log were exempted

[[Page 62751]]

from the notification, access, correction and amendment provisions of 
the Privacy Act under subsection (k)(2) concerning records compiled for 
law enforcement purposes. 49 FR 14107 (April 10, 1984).
    Pursuant to the notification of a new system of records (SOR), 
published in the Federal Register on September 6, 2002 (67 FR 57011), 
OCR implemented a new system of records, Program Information Management 
System (PIMS), HHS/OS/OCR (09-90-0052). PIMS is used by OCR staff and 
consists of an electronic repository of information and documents and 
supplementary paper document files. PIMS effectively combines and 
replaces OCR's two former systems of records (CIMS and Complaint File 
and Log) into a single integrated system with enhanced electronic 
storage, retrieval and tracking capacities. While the types of 
information collected and stored in PIMS are the same as those stored 
in CIMS and Complaint File and Log, PIMS allows OCR to more effectively 
manage the data it collects.
    OCR investigative files maintained in PIIMS either as paper records 
or electronic documents are records compiled for law enforcement 
purposes. In the course of investigations, OCR often has a need to 
obtain confidential information involving individuals other than the 
complainant. In these cases, it is necessary for OCR to preserve the 
confidentiality of this information to avoid unwarranted invasions of 
personal privacy and to assure recipients of Federal financial 
assistance that such information provided to OCR will be kept 
confidential. This assurance is often central to resolving disputes 
concerning access by OCR to the recipient's records, and is necessary 
to facilitate prompt and effective completion of the investigations.
    Unrestricted disclosure of confidential information in OCR files 
can impede ongoing investigations, invade personal privacy of 
individuals, reveal the identities of confidential sources, or 
otherwise impair the ability of OCR to conduct investigations. For 
these reasons, the Department published a notice of proposed 
rulemaking, 67 FR 56252 (September 3, 2002) to exempt all investigative 
records maintained in PIMS from the notification, access, correction 
and amendment provisions under subsection (k)(2) of the Privacy Act. 
The Department received no public comments.

List of Subjects in 45 CFR Part 5b

    Privacy.

0
For reasons set out in the preamble, the Department's Privacy Act 
Regulation, part Sb of 45 CFR Subtitle A, is amended as follows:

PART 5b--PRIVACY ACT REGULATIONS

0
1. The authority citation for part 5b continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552a.

0
2. Section 5b.11 is amended by adding paragraph (b)(2)(ii)(G) to read 
as follows:


Sec.  5b.11  Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (G) Investigative materials compiled for law enforcement purposes 
for the Program Information Management System, HHS/OS/OCR.
* * * * *

    Dated: August 29, 2003.
Richard M. Campanelli,
Director, Office for Civil Rights.

    Dated: October 28, 2003.
Tommy G. Thompson,
Secretary.
[FR Doc. 03-27716 Filed 11-5-03; 8:45 am]
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