[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Notices]
[Pages 35139-35142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14188]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of system of records: ``Spinal Cord Dysfunction-
Registry--VA''.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their system of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is amending the system of 
records entitled ``Spinal Cord Dysfunction-Registry (SCD-R)-VA'' 
(108VA11S) as set forth in the Federal Register 66 FR 29209-29212 dated 
May 29, 2001. VA is amending the Routine Uses of Records Maintained in 
the System, including Categories of Users and the Purposes of Such 
Uses, the Policies and Practices for Storing, Retrieving, Accessing, 
Retaining and Disposing of Records in the System, and System Manager(s) 
and Address. VA is republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than July 23, 2004. If no public comment is received, 
the new system will become effective July 23, 2004.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted by: mail or hand-delivery to Director, 
Regulations Management (00REG1), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or e-mail to [email protected]. All comments received 
will be available for public inspection in the Office of Regulation 
Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 
p.m., Monday through Friday (except holidays). Please call (202) 273-
9515 for an appointment.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420, telephone (727) 320-1839.

SUPPLEMENTARY INFORMATION: The Spinal Cord Dysfunction (SCD)-Registry 
provides a registry of veterans with spinal cord injury and disorders 
(SCI&D). This registry contains pertinent information on veterans with 
SCI&D and enables better coordination of care among VHA staff. The 
purpose of the registry is to assist clinicians, administrators, and 
researchers in identifying and tracking services for veterans with 
spinal cord dysfunction resulting from trauma or diseases. The SCD-
Registry can also facilitate clinical, administrative, and research 
reports for medical center use. Local Veterans Health Information 
System and Technology Architecture (VistA) SCD-Registries provide 
aggregate data to the National SCD-Registry database at the Austin 
Automation Center (AAC). This centralized AAC registry is used to 
provide a VA-wide review of veteran demographics and clinical aspects 
of injury and disorders for administrative and research purposes.
    VHA's Health Services Research and Development Service (HSR&D) and 
the congressionally-chartered Paralyzed Veterans of America (PVA) 
originally developed the SCD-Registry. However, these records are 
maintained exclusively by VA.
    The Routine Uses of Records Maintained in the System, including 
Categories of Users and the Purposes of Such Uses are amended as 
described below.
     Routine use number seven (7) has been amended in its 
entirety. VA must be able to comply with the requirements of agencies 
charged with enforcing the law and conducting investigations. VA must 
also be able to provide information to state or local agencies charged 
with protecting the public's health as set forth in state law. The 
routine use will be as follows: On its own initiative, VA may disclose 
information, except for the names and home addresses of veterans and 
their dependents, to a Federal, state, local, tribal or foreign agency 
charged with the responsibility of investigating or prosecuting civil, 
criminal or regulatory violations of law, or charged with enforcing or 
implementing the statute, regulation, rule or order issued pursuant 
thereto. On its own initiative, VA may also disclose the names and 
addresses of veterans and their dependents to a Federal agency charged 
with the responsibility of investigating or prosecuting civil, criminal 
or regulatory violations of law, or charged with enforcing or 
implementing the

[[Page 35140]]

statute, regulation, rule or order issued pursuant thereto.
    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described, the recipient of the information will use 
the information in connection with a matter relating to one of VA's 
programs, will use the information to provide a benefit to VA, or 
disclosure is required by law.
    Under section 264, Subtitle F of Title II of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) Public Law 104-191, 
100 Stat. 1936, 2033-34 (1996), the United States Department of Health 
and Human Services (HHS) published a final rule, as amended, 
establishing Standards for Privacy of Individually-Identifiable Health 
Information, 45 CFR Parts 160 and 164. VHA may not disclose 
individually-identifiable health information (as defined in HIPAA, 42 
U.S.C. 1320(d)(6), and Privacy Rule, 45 CFR 164.501) pursuant to a 
routine use unless either: (a) The disclosure is required by law, or 
(b) the disclosure is also permitted or required by the HHS Privacy 
Rule. The disclosures of individually-identifiable health information 
contemplated in the routine uses published in this amended system of 
records notice are permitted under the Privacy Rule. However, to also 
have authority to make such disclosures under the Privacy Act, VA must 
publish these routine uses. Consequently, VA is publishing these 
routine uses and is adding a preliminary paragraph to the routine uses 
portion of the system of records notice stating that any disclosure 
pursuant to the routine uses in this system of records notice must be 
either required by law or permitted by the Privacy Rule before VHA may 
disclose the covered information.
    The Safeguards section of Policies and Practices for Storing, 
Retrieving, Accessing, Retaining and Disposing of Records in the System 
has been amended to reflect the change in reference from VA 
Headquarters to VA Central Office.
    System Manager(s) and Address has been amended to indicate that the 
SCD-Registry Coordinator is the official responsible for Spinal Cord 
Dysfunction `` Registry design, development, and maintenance.
    The Report of Intent to Publish an Amended System of Record Notice 
and an advance copy of the system notice have been sent to the 
appropriate Congressional committees and to the Director of Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.

    Approved: June 7, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.
108VA11S

SYSTEM NAME:
    Spinal Cord Dysfunction-Registry (SCD-R)-VA.

SYSTEM LOCATION:
    All electronic and paper records are maintained at the Austin 
Automation Center (AAC), Department of Veterans Affairs (VA), 1615 
Woodward Street, Austin, Texas 78772, and at VA health care facilities 
listed in VA Appendix 1 of the biennial publication of VA's Systems of 
Records. Each local medical center facility has a Veterans Health 
Information System and Technology Architecture (VistA)-based SCD-
Registry software package. Data transmissions between VA health care 
facilities and the VA databases housed at the AAC are accomplished 
using the Department's wide area network.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Veterans identified with spinal cord injury and disorders that have 
applied for VA health care services are included in the system. 
Occasionally, non-veterans who have received VA health care or 
rehabilitation services under sharing agreements, contracted care, or 
humanitarian emergencies will also have information recorded in the 
Spinal Cord Dysfunction (SCD)-Registry.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain identifying information including name, 
social security number, date of birth, and registration date in the 
SCD-Registry. SCD-Registry registration information may include 
information about whether individuals are receiving services from VA's 
spinal cord system of care, neurologic level of injury, etiology, date 
of onset, type of cause, completeness of injury, and annual evaluation 
dates offered and received. The Outcomes File of the SCD-Registry has 
data fields for storing measures of impairment, activity, social role 
participation, and satisfaction with life. A registrant may have 
multiple entries in this file.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Sections 501 and 7304.

PURPOSE(S):
    The SCD-Registry provides a registry of veterans with spinal cord 
injury and disorders (SCI&D). This registry contains pertinent 
information on veterans with SCI&D and enables better coordination of 
care among VHA staff. The purpose of the registry is to assist 
clinicians, administrators, and researchers in identifying and tracking 
services for veterans with spinal cord dysfunction resulting from 
trauma or diseases. The SCD-Registry can also facilitate clinical, 
administrative, and research reports for medical center use. Local 
VistA SCD-Registries provide data extracts to the National SCD-Registry 
database at the AAC. This centralized AAC registry is used to provide a 
VA-wide review of veteran demographics and clinical aspects of injuries 
and disorders.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    VA may disclose protected health information pursuant to the 
following routine uses where required by law, or required or permitted 
by 45 CFR Parts 160 and 164.
    1. The record of an individual who is covered by this system may be 
disclosed to a member of Congress or staff person, acting for the 
member, when they request the record on behalf of, and at the written 
request of, that individual.
    2. Disclosure of records covered by this system, as deemed 
necessary and proper to named individuals serving as accredited 
veterans service organization representatives, and other individuals 
named as approved agents or attorneys for a documented purpose and 
period of time. These agents/attorneys must be aiding beneficiaries in 
the preparation/presentation of their cases during verification and/or 
due process procedures or in the presentation/prosecution of claims 
under laws administered by VA.
    3. A record containing the name(s) and address(es) of present or 
former members of the armed services and/or their dependents may be 
released from this system of records under certain circumstances:
    a. To any nonprofit organization if the release is directly 
connected with the conduct of programs and the utilization of benefits 
under Title 38, and
    b. To any criminal or civil law enforcement governmental agency or 
instrumentality charged under applicable law with the protection of the 
public health or safety if a qualified representative of such 
organization, agency or instrumentality has made a written request that 
such name(s) or

[[Page 35141]]

address(es) be provided for a purpose authorized by law; provided, 
further, that the record(s) will not be used for any purpose other than 
that stated in the request and that the organization, agency or 
instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
    4. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 United States Code.
    5. Disclosure of information, excluding name and address (unless 
name and address is furnished by the requester) for research purposes 
determined to be necessary and proper, to epidemiological and other 
research facilities approved by the Under Secretary for Health.
    6. In order to conduct Federal research necessary to accomplish a 
statutory purpose of an agency, at the written request of the head of 
the agency, or designee of the head of that agency, the name(s) and 
address(es) of present or former personnel or the armed services and/or 
their dependents may be disclosed;
    a. to a Federal department or agency; or
    b. directly to a contractor of a Federal department or agency. When 
a disclosure of this information is to be made directly to the 
contractor, VA may impose applicable conditions on the department, 
agency, and/or contractor to ensure the appropriateness of the 
disclosure to the contractor.
    7. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal or regulatory in nature, and 
whether arising by general or program statute or by regulation, rule or 
order issued pursuant thereto, to a Federal, State, local, tribal, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule or order. On its own initiative, VA may 
also disclose the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal or regulatory violations of law, or charged 
with enforcing or implementing the statute, regulation, rule or order 
issued pursuant thereto.
    8. For program review purposes and the seeking of accreditation 
and/or certification, disclosure may be made to survey teams of the 
Rehabilitation Accreditation Commission, Joint Commission on 
Accreditation of Healthcare Organizations (JCAHO), College of American 
Pathologists, American Association of Blood Banks, and similar national 
accreditation agencies or boards with whom VA has a contract or 
agreement to conduct such reviews, but only to the extent that the 
information is necessary and relevant to the review.
    9. Records from this system of records may be disclosed in a 
proceeding before a court, adjudicative body, or other administrative 
body when the Department, or any Department component or employee (in 
his or her official capacity as a VA employee), is a party to 
litigation; when the Department determines that litigation is likely to 
affect the Department, any of its components or employees, or the 
United States has an interest in the litigation, and such records are 
deemed to be relevant and necessary to the legal proceedings; provided, 
however, that the disclosure is compatible with the purpose for which 
the records were collected.
    10. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor or subcontractor to perform the services of the contract 
or agreement.
    11. Relevant information may be disclosed to the Department of 
Justice and United States Attorneys in defense or prosecution of 
litigation involving the United States, and to Federal agencies upon 
their request in connection with review of administrative tort claims 
filed under the Federal Tort Claims Act, 28 U.S.C. 2672.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Magnetic tapes/disks and optical discs. Electronic data are 
maintained on Direct Access Storage Devices at the AAC. The AAC stores 
registry tapes for disaster backup at a secure, off-site location.

RETRIEVABILITY:
    Records are indexed by name of veteran, social security number, and 
unique patient identifiers.

SAFEGUARDS:
    1. Data transmissions between VA health care facilities and the VA 
databases housed at the AAC are accomplished using the Department's 
wide area network. The SCD-Registry program and other programs at the 
respective facilities automatically flag records or events for 
transmission based upon functionality requirements. VA health care 
facilities control access to data by using VHA's VistA software 
modules. The Department's Telecommunications Support Service has 
oversight responsibility for planning, security, and management of the 
wide area network.
    2. Access to records at VA health care facilities is only 
authorized to VA personnel on a ``need-to-know'' basis. Records are 
maintained in staffed rooms during working hours. During non-working 
hours, there is limited access to the building with visitor control by 
security personnel. Access to the AAC is generally restricted to AAC 
staff, VA Central Office employees, custodial personnel, Federal 
Protective Service, and authorized operational personnel through 
electronic locking devices. All other persons gaining access to the 
computer rooms are escorted. Backup records stored off-site for both 
the AAC and VA Central Office are safeguarded in secured storage areas.
    3. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files and veteran-
specific data elements are limited to VHA employees whose official 
duties warrant access to those files. The automated record system 
recognizes authorized users by keyboard entry of unique passwords, 
access, and verify codes.

RETENTION AND DISPOSAL:
    Records will be maintained and disposed of in accordance with 
record disposition authority approved by the Archivist of the United 
States. Depending on the record medium, records are destroyed by either 
shredding or degaussing. Optical disks or other electronic media are 
deleted when no longer required for official duties.
    VA has submitted a request for records disposition authority to the 
National Archives and Records Administration (NARA) for approval. Upon 
approval by NARA, VA will publish an amendment to this System of 
Records. In the interim, no records will be destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for Spinal Cord Dysfunction--Registry design, 
development, and maintenance: SCD-Registry Coordinator (128N), 3350 La 
Jolla Village Drive, San Diego, California

[[Page 35142]]

92161. Official responsible for policies and procedures: Chief 
Consultant, Spinal Cord Injury and Disorders Strategic Healthcare Group 
(128N), 1660 South Columbian Way, Seattle, Washington 98108.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the last VA facility 
where medical care was provided or submit a written request to the 
Chief Consultant, Spinal Cord Injury and Disorders Strategic Healthcare 
Group (128N), 1660 South Columbian Way, Seattle, Washington 98108. 
Inquiries should include the veteran's name, social security number, 
and return address.

RECORD ACCESS PROCEDURES:
    An individual who seeks access to records maintained under his or 
her name may write or visit the nearest VA facility or write to the 
Chief Consultant, Spinal Cord Injury and Disorders Strategic Healthcare 
Group (128N), 1660 South Columbian Way, Seattle, Washington 98108.

CONTESTING RECORDS PROCEDURES:
    (See Record Access Procedures.)

RECORD SOURCE CATEGORIES:
    Various automated record systems providing clinical and managerial 
support to VA health care facilities, the veteran, family members, 
accredited representatives or friends, and ``Patient Medical Records--
VA'' (24VA19) system of records.

[FR Doc. 04-14188 Filed 6-22-04; 8:45 am]
BILLING CODE 8320-01-P