[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57610-57612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23292]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2208-0070]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to Amend a System of Records.
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SUMMARY: The Department of the Army is proposing to amend a system of
records in its existing inventory of records systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective on November 3, 2008 unless
comments are received that would result in a contrary determination.
ADDRESSES: Department of the Army, Privacy Office, U.S. Army Records
Management and Declassification Agency, 7701 Telegraph Road, Casey
Building, Suite 144, Alexandria, VA 22325-3905.
FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.
SUPPLEMENTARY INFORMATION: The Department of the Army 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 amendment is 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: September 25, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
DHA 03
System name:
Pentagon Employee Referral Service (PERS) Counseling Records
(February 22, 1993, 58 FR 10227).
Changes:
Change system ID to ``A0040-66c DASG''.
* * * * *
[[Page 57611]]
System Location:
Delete entry and replace with ``Pentagon Employee Referral Service,
DiLorenzo TRICARE Health Clinic, Room 224, 5803 Army Pentagon,
Washington, DC 20310-5803.''
* * * * *
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 3013, Secretary of the
Army; 5 U.S.C. Part 792, Federal Employees' Health and Counseling
Programs; E.O. 12564, 1986 Drug-Free Workplace; Army Regulation 40-66,
Medical Record Administration and Health Care Documentation; and E.O.
9397 (SSN).''
* * * * *
Add two NOTES under Routine uses of records maintained in the
system, including categories of users and the purposes of such uses:
``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 or drug abuse prevention and treatment
function conducted, regulated, or directly or indirectly assisted by
any department or agency of the United States, shall, except as
provided therein, be confidential and be disclosed only for the
purposes and under the circumstances expressly authorized in 42
U.S.C. 290dd-2. This statute takes 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.
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.
''* * * * *
Storage:
Delete entry and replace with ``Paper records in filing cabinets
and electronic storage media.''
Retrievability:
Delete entry and replace with ``Patient's last name, Social
Security Number (SSN) and Client Case Number.''
Safeguards:
Delete entry and replace with ``Paper records are maintained in
file cabinets that are locked when the office is not occupied by
authorized personnel. The automated database files are on a password-
protected, stand alone computer. All patient records are maintained and
used with the highest regard for patient privacy. Only persons on a
need-to-know basis and trained in the handling of information protected
by the Privacy Act have access to the system.''
Retention and disposal:
Delete entry and replace with ``Paper records are destroyed five
years after termination of counseling. Destruction is by shredding,
pulping, macerating, or burning.
Electronic records are purged of identifying data seven years after
termination of counseling.
Aggregate data without personal identifiers is maintained for
management/statistical purposes until no longer required.''
System manager(s) and address:
Delete entry and replace with ``Director, Pentagon Employee
Referral Service, DiLorenzo TRICARE Health Clinic, Rm. 230, 5803 Army
Pentagon, Washington, DC 20310-5803.''
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the Director, Pentagon Employee Referral
Service, DiLorenzo TRICARE HEALTH Clinic, 5803 Army Pentagon,
Washington, DC 20310-5803.
The request should contain the full name, address, Social Security
Number (SSN) and the signature of the subject individual.''
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system should address
written inquiries to the Director, Pentagon Employee Referral Service,
DiLorenzo TRICARE Health Clinic, Rm. 230, 5803 Army Pentagon,
Washington, DC 20310-5803.
The request should contain the full name, address, Social Security
Number (SSN) and the notarized signature of the subject individual.''
Contesting record procedures:
Delete entry and replace with ``The Army's rules for accessing
records, and for contesting contents and appealing initial agency
determinations are contained in Army Regulation 340-21; 32 CFR part
505; or may be obtained from the system manager.''
* * * * *
A0040-66c DASG
System name:
Pentagon Employee Referral Service (PERS) Counseling Records.
System location:
Pentagon Employee Referral Service, DiLorenzo TRICARE Health
Clinic, Room 224, 5803 Army Pentagon, Washington, DC 20310-5803.
Categories of individuals covered by the system:
All civilian DoD employees assigned to duty in the Pentagon and
environ who are referred by management for, or voluntarily request,
counseling assistance.
Categories of records in the system:
Records on patients which are generated in the course of
professional counseling. Records of information on condition, current
status, progress and prognosis for patients who have personal,
emotional, alcohol or drug dependency problems, including admitted or
urinalysis-detected illegal drug abuse.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 5 U.S.C. Part 792, Federal
Employees' Health and Counseling Programs; E.O. 12564, 1986 Drug-Free
Workplace; Army Regulation 40-66, Medical Record Administration and
Health Care Documentation; and E.O. 9397 (SSN).
Purpose(s):
To record counselor's observations concerning patient's condition,
current status, progress prognosis and other relevant treatment
information regarding patients in an employee assistance treatment
facility.
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:
Records in this system may not be disclosed without the prior written
consent of such patient, unless the disclosure would be:
To medical personnel to the extent necessary to meet a bona fide
medical emergency;
To qualified personnel for the purpose of conducting scientific
[[Page 57612]]
research, management audits, financial audits, or program evaluation,
but such personnel may not identify, directly or indirectly, any
individual patient in any report of such research, audit, or
evaluation, or otherwise disclose patient identities in any manner; and
If authorized by an appropriate order of a court of competent
jurisdiction granted after application showing good cause therefore.
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 or drug abuse prevention and treatment function
conducted, regulated, or directly or indirectly assisted by any
department or agency of the United States, shall, except as provided
therein, be confidential and be disclosed only for the purposes and
under the circumstances expressly authorized in 42 U.S.C. 290dd-2.
This statute takes 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.
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:
Paper records in filing cabinets and electronic storage media.
Retrievability:
Patient's last name, Social Security Number (SSN) and Client Case
Number.
Safeguards:
Paper records are maintained in file cabinets that are locked when
the office is not occupied by authorized personnel. The automated
database files are on a password-protected, stand alone computer. All
patient records are maintained and used with the highest regard for
patient privacy. Only persons on a need-to-know basis and trained in
the handling of information protected by the Privacy Act have access to
the system.
Retention and disposal:
Paper records are destroyed five years after termination of
counseling. Destruction is by shredding, pulping, macerating, or
burning.
Electronic records are purged of identifying data seven years after
termination of counseling.
Aggregate data without personal identifiers is maintained for
management/statistical purposes until no longer required.
System manager(s) and address:
Director, Pentagon Employee Referral Service, DiLorenzo TRICARE
Health Clinic, Rm. 230, 5803 Army Pentagon, Washington, DC 20310-5803.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Pentagon Employee Referral Service, DiLorenzo TRICARE
HEALTH Clinic, 5803 Army Pentagon, Washington, DC 20310-5803.
The request should contain the full name, address, Social Security
Number (SSN) and the signature of the subject individual.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
Director, Pentagon Employee Referral Service, DiLorenzo TRICARE Health
Clinic, Rm. 230, 5803 Army Pentagon, Washington, DC 20310-5803.
The request should contain the full name, address, Social Security
Number (SSN) and the notarized signature of the subject individual.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents
and appealing initial agency determinations are contained in Army
Regulation 340-21; 32 CFR part 505; or may be obtained from the system
manager.
Record source categories:
Patient, counselors, supervisors, co-workers or other agency or
contractor-employee personnel; private individuals to include family
members of patient and outside practitioners.
Exemptions claimed for the system:
None.
[FR Doc. E8-23292 Filed 10-2-08; 8:45 am]
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