[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Notices]
[Pages 68609-68611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30401]


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DEPARTMENT OF DEFENSE

Department of the Air Force


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to amend systems of records.

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SUMMARY: The Department of the Air Force is amending 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.

DATES: This proposed action will be effective without further notice on 
January 8, 2004 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the Air Force Privacy Act Manager, Office 
of the Chief Information Officer, AF-CIO/P, 1155 Air Force Pentagon, 
Washington, DC 20330-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043.

SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 systems being amended are set 
forth below followed by the notices, as amended, published in their 
entirety. The 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.


[[Page 68610]]


    Dated: November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG E

System name:
    Medical Record System (August 29, 2003, 68 FR 51998).

Changes:
* * * * *

Retention and disposal:
    Delete entry and replace with `While on active duty, the Health 
Record of a U.S. military member is maintained at the medical unit at 
which the person receives treatment. On separation or retirement, 
records are forwarded to the Department of Veterans Affairs, Records 
Management Center in St. Louis, MO or to the appropriate Veterans 
Affairs Regional Office if a Veterans Affairs claim has been filed. 
Records of non-active duty personnel may be hand carried or mailed to 
the next military medical facility at which treatment will be received 
or the records are retained at the treating facility until 2 years 
after the end of the calendar year of the last date of treatment and 
then retired to the National Personnel Record Center (NPRC) or other 
designated depository, such as, but not limited to, Medical Director, 
American Red Cross, Washington, DC 20006 for Red Cross personnel. At 
NPRC all inpatient, outpatient, and APV records are retained for 50 
years after date of last document. In addition, military records sent 
to the DVA after 1 May 1994 are maintained for 50 years after date of 
last document.'
* * * * *
F044 AF SG E

System name:
    Medical Record System.

System location:
    Headquarters, United States Air Force, Surgeon General (HQ USAF/
SG), medical centers, hospitals and clinics, medical aid stations, 
National Personnel Record Centers, Air National Guard activities, and 
Air Force Reserve units. Official mailing addresses are published as an 
appendix to the Air Force compilation of systems notices.

Categories of individuals covered by the system:
    Persons treated in an Air Force medical facility and active duty 
members for whom primary care is provided.

Categories of records in the system:
    Inpatient, outpatient, and ambulatory procedure visit (APV) records 
of care received in Air Force medical facilities. Documentation 
includes, but is not limited to, patient's medical history; physical 
examination; treatment received; supporting documentation such as 
laboratory and x-ray reports; cover sheets and summaries of 
hospitalization; diagnoses; procedures or surgery performed; 
administrative forms which concern medical conditions such as Line of 
Duty Determinations; physical profiles, and medical recommendations for 
flying duty. Secondary files are maintained such as patient registers, 
nominal indices, x-ray and laboratory files, indices and registers.

Authority for maintenance of the system:
    10 U.S.C. 55, Medical and Dental Care; 10 U.S.C. 8013, Secretary of 
the Air Force; and E.O. 9397 (SSN).

Purpose(s):
    Used to document, plan, and coordinate the health care of patients; 
aid in preventative health and communicable disease control programs; 
determine eligibility and suitability for benefits for various 
programs; adjudicate claims; evaluate care rendered; teach, compile 
statistical data, and conduct research.

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 from the inpatient, outpatient, or APV medical records 
of retirees and dependents may be disclosed to third party payers in 
accordance with 10 U.S.C. 1095 as amended by Public Law 99-272, for the 
purpose of collecting reasonable inpatient/outpatient/APV hospital care 
costs incurred on behalf of retirees or dependents. Records are used 
and reviewed by health care providers in the performance of their 
duties. Health care providers include military and civilian providers 
assigned to the medical facility where care is being provided. Students 
participating in a training affiliation program with a USAF medical 
facility may also use and review records as part of their training 
program. In addition, records may be disclosed to:
    (1) Officials and employees of the Department of Veterans Affairs 
in the performance of their official duties relating to the 
adjudication of veterans claims and in providing medical care to 
members of the Air Force.
    (2) Officials and employees of other departments and agencies of 
the Executive Branch of government upon request in the performance of 
their official duties relating to review of the official qualifications 
and medical history of applicants and employees who are covered by this 
record system and for the conduct of research studies.
    (3) Private organizations (including educational institutions) and 
individuals for authorized health research in the interest of the 
Federal government and the public. When not considered mandatory, 
patient identification data shall be eliminated from records used for 
research studies.
    (4) Officials and employees of the National Research Council in 
cooperative studies of the National History of Disease; of prognosis 
and of epidemiology. Each study in which the records of members and 
former members of the Air Force are used must be approved by the 
Surgeon General of the Air Force.
    (5) Officials and employees of local and state governments and 
agencies in the performance of their official duties pursuant to the 
laws and regulations governing local control of communicable diseases, 
preventive medicine and safety programs, child abuse and other public 
health and welfare programs.
    (6) Authorized surveying bodies for professional certification and 
accreditations.
    (7) The individual's organization or government agency as necessary 
when required by Federal statute, E.O., or by treaty.
    The DoD ``Blanket Routine Uses'' published at the beginning of the 
Air Force's compilation of record system notices apply to this system, 
except as stipulated in ``Note'' below.

    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/drug abuse treatment function conducted, requested, 
or directly or indirectly assisted by any department or agency of 
the United States, shall, except as provided herein, be confidential 
and be disclosed only for the purposes and under the circumstances 
expressly authorized in 42 U.S.C. 290dd-2. These statutes take 
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.




[[Page 68611]]

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:
    Maintained in paper and machine-readable form.

Retrievability:
    By name, Social Security Number, or by Military Service Number.

Safeguards:
    Records are accessed by commanders of medical centers, hospitals, 
and clinics; by custodian of the record system, and by person(s) 
responsible for servicing the record system in performance of their 
official duties and by authorized personnel who are properly screened 
and cleared for need-to-know. Records are stored in locked rooms and 
cabinets, and access to automated records is controlled and limited.

Retention and disposal:
    While on active duty, the Health Record of a U.S. military member 
is maintained at the medical unit at which the person receives 
treatment. On separation or retirement, records are forwarded to the 
Department of Veterans Affairs, Records Management Center in St. Louis, 
MO or to the appropriate Veterans Affairs Regional Office if a Veterans 
Affairs claim has been filed. Records of non-active duty personnel may 
be hand carried or mailed to the next military medical facility at 
which treatment will be received or the records are retained at the 
treating facility until 2 years after the end of the calendar year of 
the last date of treatment and then retired to the National Personnel 
Record Center (NPRC) or other designated depository, such as, but not 
limited to, Medical Director, American Red Cross, Washington, DC 20006 
for Red Cross personnel. At NPRC all inpatient, outpatient, and APV 
records are retained for 50 years after date of last document. In 
addition, military records sent to the DVA after 1 May 1994 are 
maintained for 50 years after date of last document.

System manager(s) and address:
    The Surgeon General, Headquarters United States Air Force.
    Chief of Air Force Reserve, Headquarters United States Air Force.
    Director of Air National Guard, Headquarters United States Air 
Force.
    Commanders of medical centers, hospitals, clinics, medical aid 
stations; Commander, Air Force Personnel Center. Official mailing 
addresses are published as an appendix to the Air Force's compilation 
of system notices.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contain information about themselves should address inquiries to or 
visit the system manager. Official mailing addresses are published as 
an appendix to the Air Force's compilation of record systems notices.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system should address requests to the system manager. Official 
mailing addresses are published as an appendix to the Air Force's 
compilation of systems notices.
    Requester must submit full name; Social Security Number (or 
Military Service Number) through whom eligibility for care is 
established; date (at least year) treatment was provided; name of 
facility providing treatment, and whether treatment was as inpatient or 
outpatient.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 37-132; 32 CFR part 1806b; or may be obtained 
from the system manager.

Record source categories:
    Physicians and other patient care providers such as nurses, 
dietitians, and physicians assistants. Administrative forms are 
completed by appropriate military or civilian officials.

Exemptions claimed for the system:
    None.

[FR Doc. 03-30401 Filed 12-8-03; 8:45 am]
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