[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Notices]
[Pages 15704-15705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3002]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2006-OS-0048]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to amend Systems of Records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense 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 
April 28, 2006 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Ms. Juanita Irvin at (703) 696-4940.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 record system being amended are set 
forth below followed by the notice, as amended, published in its 
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.

    Dated: March 23, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
DTMA 03

System name:
    Legal Opinion Files (May 9, 2003, 68 FR 24938).

Changes:
* * * * *
    Add the following to the end of the entry: ``or TRICARE Management 
Activity Privacy Office, Skyline 5, Suite 810, 5111 Leesburg Pike, 
Falls Church, VA 22041-3201.''

Record access procedures:
    Add the following to the end of the entry: ``or TRICARE Management 
Activity Privacy Office, Skyline 5, Suite 810, 5111 Leesburg Pike, 
Falls Church, VA 22041-3201.''
* * * * *
DTMA 03

System name:
    Legal Opinion Files.

System location:
    TRICARE Management Activity, Department of Defense, Office of 
General Counsel, 16401 East Centretech Parkway, Aurora, CO 800011-9066.

Categories of individuals covered by the system:
    Individuals who have contacted or corresponded with TRICARE 
Management Activity regarding any matter requiring legal clarification 
or resolution.

Categories of records in the system:
    Inquiries received from individuals, attorneys, fiscal 
administrators, hospital contractors, other government agencies, Health 
Care Advise Nurse records, and congressional offices. Files contain 
legal opinions, correspondence, memoranda for the record, and similar 
documents. Medical/dental treatment records, authorizations and pre-
authorizations, care and claims inquiry documents, and medical/dental 
history files may be included in these records, as appropriated to 
document TRICARE legal determinations.

Authority for maintenance of the system:
    41 CFR 101-11.000; Chapter 55, 10 U.S.C. 613, Chapter 17, 38 
U.S.C.; 32 CFR part 199; and E.O. 9397 (SSN).

[[Page 15705]]

Purpose(s):
    TRICARE Management Activity uses these records to address and 
resolve legal issues and for research, precedent, historical, and 
record purposes.

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:
    To the Department of Health and Human Services and/or the 
Department of Veterans Affairs consistent with their statutory 
administrative responsibilities under TRICARE/CHAMPUS and CHAMPVA 
pursuant to chapter 55, 10 U.S.C. and section 613, chapter 17, 38 
U.S.C.
    Referral to Federal, state, local, or foreign governmental 
agencies, and to provide business entities, including individual 
providers of care (participating and non-participating), on matters 
relating to eligibility, claims pricing and payment, fraud, program 
abuse, utilization review, quality assurance, peer review, program 
integrity, third-party liability, coordination of benefits, and civil 
or criminal litigation related to the operation of TRICARE/CHAMPUS.
    Disclosure to the Department of Justice and the United States 
Attorneys in situations where the United States is an interested party.
    Disclosure to third-party contacts in situations where the party to 
be contacted has, or is expected to have, information necessary to 
establish the validity of evidence or to verify the accuracy of 
information presented by the individual concerning his or her 
entitlement, the amount of benefit payments, any review of suspected 
abuse or fraud, or any concern for program integrity or quality 
appraisal.
    The DoD `Blanket Routine Uses' set forth at the beginning of ODS's 
compilation of systems of records notices apply to this system.

    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 mentioned 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:
    Records are maintained on paper, electronic, microfilm, imaging, or 
optical formats.

RETRIEVABILITY:
    Information is retrieved by subject matter with cross-reference by 
individual name and/or Social Security Number.

SAFEGUARDS:
    Records are maintained in areas accessible only to authorized 
personnel who are properly screened, cleared, and trained. Security 
systems and/or security guards protect buildings where records are 
maintained.

RETENTION AND DISPOSAL:
    Records are permanent. Paper records are retired to the Denver 
Regional Records Center when ten years old or when no longer needed for 
current business. Records are transferred to the NARA when thirty years 
old. Electronic and other non-paper media records are maintained until 
no longer needed for current business and are then deleted or 
destroyed.

SYSTEM MANGER(S) AND ADDRESS:
    TRICARE Management Activity, Department of Defense, Office of 
General Counsel, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the TRICARE Management Activity, Department of Defense, ATTN: 
Privacy Act Officer, 16401 Centretech Parkway, Aurora, CO 80011-9066; 
or TRICARE Management Activity Privacy Office, Skyline 5, Suite 810, 
5111 Leesburg Pike, Falls Church, VA 22041-3201.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
TRICARE Management Activity, Department of Defense, ATTN: Privacy Act 
Officer, 16401 Centretech Parkway, Aurora, CO 80011-9066; or TRICARE 
Management Activity Privacy Office, Skyline 5, Suite 810, 5111 Leesburg 
Pike, Falls Church, VA 22041-3201.
    Written requests for information should include the full name of 
the beneficiary, the full name of the sponsor, and sponsor's Social 
Security Number, current address and telephone number.
    For personal visits to examine records, the individual should be 
able to provide some acceptable identification such as a driver's 
license or other form of picture identification.
    If it is determined that the release of medical information to the 
requester could have an adverse effect upon the individual's physical 
or mental health, the requester should be prepared to provide the name 
and address of a physician who would be willing to receive the medical 
record, and at the physician's discretion, inform the individual 
covered by the system of the contents of that record. In the event the 
physician does not agree to convey the information contained within the 
record to the individual, TRICARE Management Activity will take 
positive measures to ensure the individual is provided the requested 
information.

CONTESTING RECORD PROCEDURES:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

RECORD SOURCE CATEGORIES:
    Individuals (TRICARE/CHAMPUS and CHAMPVA beneficiaries, sponsors, 
or others), attorneys, fiscal administrators, hospital contractors, 
managed care support contractors, providers of care, medical records, 
other government agencies (Federal, state, local and foreign), and 
Congressional offices.

Exemptions claimed for the system:
    None.

[FR Doc. 06-3002 Filed 3-28-06; 8:45 am]
BILLING CODE 5001-06-M