[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Notices]
[Pages 17666-17669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7653]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Healthcare Research and Quality
Privacy Act of 1974; Annual Publication of Systems of Records
AGENCY: Agency for Healthcare Research and Quality.
ACTION: Annual publication of HHS Privacy Act System notices.
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SUMMARY: The Agency for Healthcare Research and Quality (AHRQ) has
conducted a comprehensive review of all Privacy Act systems of records
and is publishing a Table of Contents of active systems and a
comprehensive publication of all its active systems consolidating minor
changes in accordance with the Office of Management and Budget Circular
No. A-130, Appendix I, Federal Agency Responsibilities for Maintaining
Records About Individuals.
SUPPLEMENTARY INFORMATION: AHRQ has completed the annual review of its
systems notices and has determined that minor changes are needed. AHRQ
has consolidated such minor changes to make a comprehensive publication
of all its system notices. Published below are: (1) A Table of Contents
which lists all active systems of records in AHRQ, and (2) a complete
text of all notices consolidating minor changes which affect the
public's right or need to know, such as changes in the system location
of records, the designation and address of system managers,
clarification of system name, records retention and disposal, and minor
editorial changes.
Dated: March 22, 2004.
Carolyn M. Clancy,
Director.
Table of Contents
09-35-0001 Agency Management Information System/Grants (AMIS/GRANTS and
CONTRACTS), HHS/AHRQ/OM.
09-35-0002 Agency for Healthcare Research and Quality, Medical
Expenditure Panel Survey (MEPS) and National Medical Expenditure Survey
2 (NMES 2), HHS/AHRQ/CCFS.
* * * * *
09-35-0001
SYSTEM NAME:
Agency Management Information System/Grants (AMIS/GRANTS and
CONTRACTS), HHA/AHRQ/OPART. The ``Agency Management Information System/
Grants and Contracts (AMIS/GRANTS and CONTRACTS), HHS/AHRQ/OM'' was
previously named the ``Agency for Healthcare Research and Quality,
Grants Information and Tracking System with Contracts Component
(GIAnT), HHS/AHRQ/OM''.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Agency for Healthcare Research and Quality, Office of Performance,
Accountability, Resources and Technology, 540 Gaither Road, Rockville,
Maryland 20850.
Program Support Center, Office of Management, Division of
Acquisition Management, Parklawn Building, Room 5C-10, 5600 Fishers
Lane, Rockville, Maryland 20857.
For a list of contractors, please write to the system manager at
the address listed below.
Inactive records will be stored at: Washington National Records
Center, 4205 Suitland Road, Suitland, Maryland 20746-8001.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains the names of research training and career
development grant applicants and principal investigators, research
training grant program directors, and research fellowship recipients;
peer and other special reviewers; grant and contract project directors
and other key personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
Research grant, research training grant, research career
development, research fellowship, and contract files, including
applications, proposals, award notices, and summary comments of peer
reviewers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
AHRQ grants and contract administration authorities in Title IX of
the Public Health Service (PHS) Act (42
[[Page 17667]]
U.S.C. 299-299c-6); Sec. 1142 of the Social Security Act (42 U.S.C.
1320b-12) and Sec. 487 PHS Act (42 U.S.C. 288) (National Research
Service Awards).
PURPOSE(S):
The information in this system is used to facilitate day-to-day
grants and contracts management operations and for purposes of review,
analysis, planning and policy formulation by AHRQ staff members and by
other components of DHHS which conduct research. AHRQ also may refer
these records to the appropriate office in the Department for the
purpose of monitoring payback; if necessary, debt collection; and
investigation of alleged scientific misconduct.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
1. Disclosure may be made to a congressional office from the
records of an individual in response to an inquiry from the
congressional office made at the request of the individual.
2. The Department may disclose information from this system of
records to the Department of Justice, to a court or other tribunal,
when (a) HHS, or any component thereof; or (b) any HHS employee in his
or her official capacity; or (c) any HHS employee in his or her
individual capacity where the Department of Justice (or HHS, 5 where it
is authorized to do so) has agreed to represent the employee; or (d)
the United States or any agency thereof where HHS determines that the
litigation is likely to affect HHS or any of its components, is a party
to litigation or has an interest in such litigation, and HHS determines
that the use of such records by the Department of Justice, the court or
other tribunal, is relevant and necessary to the litigation and would
help in the effective representation of the governmental party,
provided, however, that in each case, HHS determines that such
disclosure is compatible with the purpose of which the records were
collected.
3. AHRQ may disclose information about an individual grant or
contract application or fellowship applicant to credit reporting
agencies to obtain a credit report in order to determine his/her credit
worthiness.
4. Limited disclosures, pursuant to 5 U.S.C. 552a(b)(12), may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act (15 U.S.C. 1681ff.) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)) after the procedural
prerequisites of 31 U.S.C. 3711 have been followed. The purpose of such
disclosures is to aid in the collection of outstanding debts owed to
the Federal Government, i.e., providing an incentive for delinquent
debtors to pay the Government.
5. Disclosure may be made to the National Technical Information
Service (NTIS), U.S. Department of Commerce, to contribute to the
Smithsonian Science Information Exchange, for dissemination of
scientific and fiscal information on funded awards (abstracts and
relevant administrative and financial data.)
6. Disclosure may be made to qualified experts, not within the
definition of Department employees, for opinions, as a part of the
grant application or contract proposal review process.
7. Disclosure may be made to an AHRQ grantee or contractor for the
purposes of (a) carrying out research, or (b) providing services
relating to grant review, or for carrying out quality assessment,
program evaluation, and/or management reviews. They will be required by
written agreement to maintain Privacy Act safeguards with respect to
such records.
8. Disclosure may be made to a Federal Agency, in response to its
request, in connection with the hiring or retention of an employee, the
issuance of security clearance, the reporting of an investigation of an
employee, the letting of a contract, or the issuance of a license,
grant, or other benefit of the requesting agency, to the extent that
the record is relevant and necessary to the requesting agency's
decision on the matter.
9. Where Federal agencies having power to subpoena other Federal
agencies' records, such as the Internal Revenue Service or the Civil
Rights Commission, issue a subpoena to the Department for records in
this system of records, the Department will make such records
available.
10. Disclosure may be made to the cognizant Audit Agency for
auditing.
11. In the event that a system of records maintained by the
Department indicates a violation or potential violation of law, whether
civil, criminal or regulatory in nature, and whether arising by statute
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred for purposes of
litigation, as a routine use, to the appropriate agency, whether
Federal (e.g., the Department of Justice), or State (e.g., the State's
Attorney General's Office) charged with the responsibility of
investigating or processing such violation or charged with enforcing or
implementing the statute or rule, regulation or order issued pursuant
thereto.
12. Disclosure may be made to the grant/contractor institution in
connection with performance or administration under the terms and
condition of the award, or in connection with problems that might arise
in performance or administration if an award is made on a grant/
contract proposal.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are stored on hard disks with magnetic tape backup as well
as in manual files (file folders).
Retrievability:
Electronic records are retrievable by key data fields such as
investigator name, application, grant or contract number. Paper records
are retrievable by name of principal investigator and/or grant/contract
number.
Safeguards:
1. Authorized users: All AHRQ staff working with grants or
contracts have access to the system. Level of access is determined by
individual need-to-know and electronic records are controlled by
password access. Levels of access will be determined and granted by the
System Manager. Only staff members of the Grants Management and
Contracts Management have regular access to their Division's paper
grant and contract files. Limited access to official grant and contract
files is granted to other AHRQ and DHHS staff with need-to-know about
AHRQ research projects, only with authorization of the responsible
System Manager.
2. Physical safeguards: File servers and database servers are
maintained in areas secured by combination lock. Data is backed up from
hard drive to magnetic tape daily. Paper records are secured in locked
file cabinets. All file cabinets and computer equipment are maintained
under general Agency and building security.
3. Procedural safeguards: Access to electronic records by non-AHRQ
personnel is through the Systems Manager only. DHHS staff may inspect
AHRQ grant and contract records on a need-to-know basis only, with the
approval of the responsible System Manager. Visitors are not left
unattended in the office containing the files. Grant and contract
records are either transmitted in sealed envelopes are hand-carried.
4. Technical safeguards: Initial electronic access is through the
AHRQ
[[Page 17668]]
local area network which is controlled by password. Subsequent levels
of security exist for access to the Agency Management Information
System/Grants and Contracts (AMIS/GRANTS and CONTRACTS) system itself
and, within the system, individual users are granted appropriate levels
of access (read only, read/write) depending upon individual need.
Levels of access are granted by the System Manager.
Retention and Disposal:
The complete paper applications and proposals of unfunded grants
and contracts will be retired to the Federal Records Retention Center
approximately one year after grant or contract closeout date and
subsequently disposed of in accordance with the records retention
schedule. Paper records of funded grant applications and contracts and
their respective files are retained at AHRQ for one year beyond the
termination date of the grant or until after the final report is
received, whichever is sooner. They are then retired to the Federal
Records Center and disposed of twelve years after final payment in
accordance with the National Archives and Records Administration
General Records Schedule. The pertinent records retention control
schedule may be obtained by writing a System Manager at the following
address:
System Manager(s) and Address:
For administrative information: AMIS/GRANTS and CONTRACTS Policy-
Coordinating Official/Administrator, 301-427-1439--(Information
Technology Help Desk).
For grants information: Grants Management Officer, 301-427-1447.
For contracts information: Contracts Management Officer, 301-427-
1780.
All System Managers are located at the following address: Office of
Performance, Accountability, Resources and Technology, 540 Gaither
Road, Rockville, Maryland 20850.
Notification Procedure:
To determine if a record exists, write to the System Manager at the
above address. The requester must also verify his or her identity by
providing either a notarization of the request or a written
certification that the requester is who he or she claims to be. The
requester should specify name or number of grant/contract. The
requester must also sign a statement indicating an understanding that
the knowing and willful request for acquisition of information from a
protected record pertaining to an individual under false pretenses is a
criminal offense under the Act, punishable by a five thousand dollar
fine.
record access procedures:
Same as notification procedures. Requester should also reasonably
specify the record contents being sought. Positive identification of
the requester as above is required. Subject individuals may also
request an accounting of disclosures that have been made of their
record, if any.
contesting record procedures:
Contact the official at the address specified under the System
Manager subheading above and reasonably identify the record, specify
the information being contested, and state the corrective action sought
and reason(s) for requesting the correction, along with supporting
information to show how the record is inaccurate, incomplete, untimely,
or irrelevant.
record source categories:
Grant applications, contractor project directors, reports and
correspondence from the research community, and statements from grant
review committees; consumer reporting agencies; DHHS System of Records
09-25-0036, Extramural Awards: IMPAC (Grant/Contract/Cooperative
Agreement Information), HHS/NIH/DRG.
system exempted from certain provisions of the act:
No. 09-35-0002.
* * * * *
system name:
Medical Expenditure Panel Survey (MEPS) and National Medical
Expenditure Survey 2 (NMES 2), HHS/AHRQ/CFACT.
security classification:
None.
system location:
Center for Financing, Access, and Cost Trends, AHRQ, 540 Gaither
Road, Rockville, MD 20850.
categories of individuals covered by the system:
(1) Individuals and members of households selected by probability
sampling techniques to be representative of the civilian non-
institutionalized population of the United States; health care
providers, staff responding on behalf of health insurers and the
employers of members of sampled households; (2) residents and next-of-
kin of such residents of nursing and personal care homes, selected by
probability sampling techniques to be representative of residents of
such homes, and facilities and the staff responding on behalf of such
facilities.
categories of records in the system:
Records containing information on: (1) The incidence of illness and
accidental injuries, prevalence of diseases and impairments, the extent
of disability, the use, expenditures and sources of payment for health
care services, and other characteristics of individuals obtained in
household interviews (demographic and socioeconomic characteristics
such as age, marital status, education, occupation and family income)
and the names, telephone numbers and addresses of the responding staffs
of health care providers, health insurers, and employers; (2) the
utilization of long-term care, nursing home care, care in personal care
homes through data on residents (demographic and social
characteristics, health status and charges and sources of payment for
care); through data facility characteristics (general characteristics,
certification, services offered and corresponding expenses), and
through data on next-of-kin or representative of residents (demographic
and social characteristics, health status, and expenditures for health
care of residents); and (3) Medicare claims records of members of
sampled households and of sampled residents of nursing and personal
care homes.
authority for maintenance of the system:
Section 913 and 306 of the Public Health Service (PHS) Act (42
U.S.C. 299b-2 and 242k(b)). Sections 924(c) and 308(d) of the PHS Act
(42 U.S.C. 299c-3(c) and 242m(d)) provide authority for protecting
restrictions on identifiable information about individuals.
PURPOSE(S):
The data are used in aggregated form for statistical and health
services research purposes respecting analysis and evaluation of health
care costs, and the accessibility, planning, organization,
distribution, technology, utilization quality, and financing of health
services and systems.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department has contracted with private firms for the purpose of
collecting, analyzing, aggregating, or otherwise refining records in
this system. Relevant records are collected by and/or disclosed to such
contractors. The contractors are required to maintain Privacy Act
safeguards with respect to such records.
[[Page 17669]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
File folders, magnetic tapes, CD ROM and secure network servers.
RETRIEVABILITY:
Information can be retrieved by respondent name and address.
However, this information is not stored in routinely used analytic
files.
SAFEGUARDS:
AHRQ and its contractors implement personnel, physical, and
procedural safeguards as follows:
1. Authorized Users: Access is limited to persons authorized and
needing to use the records, including project directors, contract
officers, interviewers, health care researchers and analysts,
statisticians, statistical clerks and data entry staff on the staffs of
AHRQ and the MEPS contractors.
2. Physical safeguards: The hard-copy records are stored in locked
safes, locked files, and locked offices when not in use. Computer
terminals used to process identifiable data are located in secured
areas and are accessible only to authorized users. Automated back-up
files are stored in locked, fire proof safes.
3. Procedural safeguards: All employees of AHRQ and contractor
personnel with access to AHRQ records are required, as a condition of
employment, to sign an affidavit, acknowledging AHRQ's confidentiality
statute and penalty provision and binding themselves to nondisclosure
of individually identifiable information. Periodic training sessions
are conducted to reinforce the statutorily-based confidentiality
restrictions. Actual identifiers are maintained in separate files
linked only if there is specific need as authorized by the System
Manager. Data stored in computers both at AHRQ and the contractor sites
are accessed through the use of passwords/keywords unique to each user
and changed at least every 45 days. An automated audit trail will be
maintained. Contractors who maintain records in this system are
instructed to make no further disclosure of the records other than
those requested by AHRQ/CFACT. Privacy Act requirements and the
restrictions of 42 U.S.C. 242m(d) are specifically included in
contracts for survey, research and data processing activities related
to this system. The DHHS project directors, contract officers and
project officers oversee compliance with these confidentially and
security requirements.
4. These safeguards are in accordance with chapter 45-13,
``Safeguarding Records Contained in Systems of Records,'' of the HHS
General Administration Manual, supplementary chapter PHS hf. 45-13;
Part 6, ``ADP Systems Security,'' of the HHS ADP Systems Manual, and
the National Bureau of Standards Federal Information Processing
Standards (FIPS Pub. 41 and FIPS Pub. 31).
RETENTION AND DISPOSAL:
Hard-copy records will be burned or shredded following verification
that such data were correctly entered into a machine readable format.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Survey Operations, CFACT/AHRQ, 540 Gaither
Road, Rockville, MD. 20850
Notification Procedure:
To determine if a record exists, write to the System Manager,
giving your full name and address.
Record Access Procedures:
The system is exempt from the requirements of the Privacy Act;
however, a subject individual may be granted access to his/her records
at the System's Manager's discretion. Positive identification is
required from anyone seeking such access.
Contesting Record Procedures:
If access has been granted and some information is being contested,
contact the System Manager and reasonably identify the record, specify
the contested information, and state the corrective action sought, with
supporting information to show how the record is inaccurate,
incomplete, untimely, or irrelevant.
Record Source Categories:
Respondents in the survey samples including: members of households,
physicians, hospitals, health insurers, employers, staff of nursing and
personal care homes, the next-of-kin of residents of such homes and
facilities, and Systems 09-70-0005, Medicare Bill File (Statistics),
HHS/HCFA/BDMS.
Systems Exempted From Certain Provisions of the Act:
With respect to this system of records, exemption has been granted
from the requirements contained in subsections 552a(c)(3), (d)(1)
through (4) and (e)(4)(G) and (H), in accordance with the provisions of
subsection 552a(k)(4) of the Privacy Act of 1974. This system has been
exempted because it contains only records which are required by statute
to be maintained and used solely as statistical records.
[FR Doc. 04-7653 Filed 4-2-04; 8:45 am]
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