[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45834-45835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6813]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Request for Public Comment: 30-Day Proposed Information 
Collection: Indian Health Service Forms To Implement the Privacy Rule 
(45 CFR Parts 160 & 164)

AGENCY: Indian Health Service, HHS.

ACTION: Notice.

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SUMMARY: The Indian Health Service (IHS), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. As 
required by section 3507(a)(1)(D) of the Act, the proposed information 
collection has been submitted to the Office of Management and Budget 
(OMB) for review and approval.
    The IHS received no comments in response to the 60-day Federal 
Register (71 FR 31195) published on June 1, 2006. The purpose of this 
notice is to allow an additional 30 days for public comment to be 
submitted directly to OMB.

Proposed Collection

    Title: 0917-0030, ``Indian Health Service Forms to Implement the 
Privacy Rule (45 CFR parts 160 & 164)''.
    Type of Information Collection Request: Extension, without 
revision, of currently approved information collection, 0917-0030. 
``Indian Health Service Forms to Implement the Privacy Rule (45 CFR 
parts 160 & 164)''.
    Form Number: IHS-810, IHS-912-1, IHS-912-2, IHS-913, and IHS-917.
    Need and Use of Information Collection: This collection of 
information is made necessary by the Department of Health and Human 
Services Rule entitled ``Standards for Privacy of Individual 
Identifiable Health Information'' (``Privacy Rule'') (45 CFR parts 160 
and 164). The Privacy Rule implements the privacy requirements of the 
Administrative Simplification subtitle of the Health Information 
Portability and Accountability Act of 1996 and creates national 
standards to protect individual's person health information and gives 
patients increased access to their medical records. 45 CFR 164.508, 
522, 526 and 528 of the Rule require the collection of information to 
implement these protection standards and access requirements. The IHS 
will use the following data collection instruments to implement the 
information collection requirements contained in the Rule.
    45 CFR 164.508: This provision requires covered entities to obtain 
or receive a valid authorization for its use or disclosure of protected 
health information for other than for treatment, payment and healthcare 
operations. Under the provision individuals may initiate a written 
authorization permitting covered entities to release their protected 
health information to entities of their choosing. The IHS-810 will be 
used to document an individual's authorization to use or disclose their 
protected health information.
    45 CFR 164.522: Section 164.522(a)(1) requires a covered entity to 
permit individuals to request that the covered entity restrict the use 
and disclosure of their protected health information. The covered 
entity may or may not agree to the restriction. The form IHS-912-1 
``Request for Restriction(s)'' will be used to document an individual's 
request for restriction of their protected health information and 
whether IHS agreed or disagreed with the restriction. Section 
164.522(a)(2)(1) permits a covered entity to terminate its agreement to 
a restriction if the individual agrees to or requests the termination 
in writing. The form IHS-912-2 ``Request for Revocation of 
Restriction(s)'' will be used to document the agency or individual 
request to terminate a formerly agreed to restriction regarding the use 
and disclosure of protected health information.
    45 CFR 164.526: This provision requires covered entities to permit 
an individual to request that the covered entity amend protected health 
information. If the covered entity accepts the requested amendment, in 
whole or in part, the covered entity must inform the individual that 
the amendment is accepted and obtain the individual's identification of 
an agreement to have the covered entity notify the relevant persons 
with which the amendment needs to be shared. If the covered entity 
denies the requested amendment, in whole or in part, the covered entity 
must provide the individual with a written denial. The form IHS-917 
``Request for Correction/Amendment of Protected Health Information'' 
will be used to document an individual's request to amend their 
protected health information and the agency's decision to accept or 
deny the request.
    45 CFR 164.528: This provision requires covered entities to permit 
an individual to request that the covered entity provide an accounting 
of disclosures of protected health information made by the covered 
entity. The form IHS-913 ``Request for an Accounting of Disclosures'' 
will be used to document an individual's request for an accounting of 
disclosures of their

[[Page 45835]]

protected health information and the agency's handling of the request.
    Completed forms used in this collection of information are filed in 
the medical record.
    Affected Public: Individuals and households.
    Type of Respondents: Individuals.
    Burden Hours: The table below provides the estimated burden hours 
for this information collection.

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                                                                                    Burden per
             45 CFR section/IHS form                  No. of       Responses per     responses     Total annual
                                                    respondents     respondent        (mins)*         burden
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164.506, IHS-810................................         500,000               1              20         166,667
164.522(a)(1), IHS-912-1........................          15,000               1              10           2,500
164.522(a)(2), IHS-912-2........................           5,000               1              10             833
164.526, IHS-917................................           7,500               1              15           1,875
164,528, IHS-913................................          15,000               1              10           2,500
                                                 ---------------------------------------------------------------
    Total Annual Burden.........................  ..............               5  ..............        174,375
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* For ease of understanding, burden hours are provided in actual minutes.

    The total estimated burden for this collection of information is 
174,375 hours. There are no capital costs, operating costs and/or 
maintenance costs to respondents
    Request For Comments: Your written comments and/or suggestions are 
invited on one or more of the following points: (a) Whether the 
information collection activity is necessary to carry out an agency 
function; (b) whether the agency processes the information collected in 
a useful and timely fashion; (c) the accuracy of public burden estimate 
(the estimated amount of time needed for individual respondents to 
provide the requested information); (c) whether the methodology and 
assumptions used to determine the estimate are logical; (e) ways to 
enhance the quality, utility, and clarity of the information being 
collected; and (f) ways to minimize the public burden through the use 
of automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology.
    Direct Comments to OMB: Send your written comments and suggestions 
regarding the proposed information collection contained in this notice, 
especially regarding the estimated public burden and associated 
response time, directly to: Office of Management and Budget, Office of 
Regulatory Affairs, New Executive Office Building, Room 10235, 
Washington, DC, 20503, Attention: Allison Eydt, Desk Officer for IHS.

FOR FURTHER INFORMATION CONTACT: Send requests for more information on 
the proposed collection or to obtain a copy of the data collection 
instrument(s) and instructions to: Mrs. Christina Rouleau, IHS Reports 
Clearance Officer, 801 Thompson Avenue, TMP, Suite 450, Rockville, MD 
20852-1601, call non-toll free (301) 443-5938, send via facsimile to 
(301) 443-2316, or send your e-mail requests, comments, and return 
address to: [email protected].
    Comment Due Date: Your comments regarding this information 
collection are best assured of having their full effect if received 
within 30-days of the date of this publication.

    Dated: August 3, 2006.
Robert G. McSwain,
Deputy Director, Indian Health Service.
[FR Doc. 06-6813 Filed 3-9-06; 8:45 am]
BILLING CODE 4165-16-M