[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38456-38462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18439]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974; Report of Altered Systems of Records

AGENCY: Department of Health and Human Services (HHS), Health Resources 
and Services Administration (HRSA).

ACTION: Notice of Altered Systems of Records (SOR).

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Health Resources and Services Administration (HRSA) is 
proposing to alter four existing systems of records (SORs) for the 
reasons indicated below:

09-15-0002: Records of Patient's Personal Valuables and Monies, HHS/
HRSA/BPHC

    HRSA is updating the system location, categories of individuals 
covered by the system, storage, retrievability, safeguards, retention 
and disposal, system manager, and notification procedure. HRSA is also 
adding a new routine use, number 3 (breach notification language).

09-15-0003: Contract Physicians and Consultants, HHS/HRSA/BPHC

    HRSA is updating the system location, categories of individuals 
covered by the system, categories of records in the system, authority 
for maintenance of the system, retention and disposal, and system 
manager. HRSA is also adding a new routine use, number 6 (breach 
notification language).

09-15-0007: Patient's Medical Record System Public Health Service 
Hospitals, HHS/HRSA/BPHC

    HRSA is updating the system location (Appendix 2--Federal Records 
Centers), categories of individuals covered by the system, categories 
of records in the system, authority for maintenance of the system, 
purpose of the system, physical safeguards, retention and disposal, 
system manager, and notification procedure. HRSA is deleting four 
routine uses, numbers 6 (Bureau of Prisons (BP) to report results of 
examination and treatment of patients examined and/or treated for and 
on behalf of the BP), 7 (Federal, state or private health benefit plans 
for billing purposes), 14 (Disclosure may be made to a private firm for 
the purpose of collating, analyzing, aggregating or otherwise refining 
records in this system. The contractor is required to maintain Privacy 
Act safeguards with respect to such records), and 19 (To organizations 
or individuals with agreements to provide photocopying or medical 
record data abstracting services. (a) PBS may inform the sexual and/or 
needle-sharing partner(s) of a subject individual who is infected with 
the human immunodeficiency virus (HIV) of their exposure to HIV, under 
the following circumstances:
    1. The information has been obtained in the course of clinical 
activities at PHS facilities carried out by PHS personnel or 
contractors;
    2. The PHS employee or contractor has made reasonable efforts to 
counsel and encourage the subject individual to provide the information 
to the individual's sexual or needle-sharing partner(s);
    3. The PBS employee or contractor determines that the subject 
individual is unlikely to provide the information to the sexual or 
needle-sharing partner(s) or that the provision of such information 
cannot reasonably be verified; and
    4. The notification of the partner(s) is made, whenever possible, 
by the subject individual's physician or by a professional counselor 
and shall follow standard counseling practices. (b) PHS may disclose 
information to State or local public health departments, to assist in 
the notification of the subject individual's sexual and/or needle-
sharing partner(s), or in the verification that the subject individual 
has, notified such sexual or needle-sharing partner(s). HRSA is also 
adding one new routine use, number 16 (breach notification language).

09-15-0028: Public Health Service Clinical Affiliation Trainee Records, 
HHS/HRSA/BPHC

    HRSA is updating the system location, authority for maintenance of 
the system, retrievability, safeguards, retention and disposal, and 
system manager. HRSA is also deleting one routine use, number 2 (to 
representatives of medical/allied health training program accreditation 
of PHS Training Programs), and adding a new routine use, number 6 
(breach notification language).

DATES: HRSA filed an altered system report with the Chair of the House 
Committee on Government Reform and Oversight, the Chair of the Senate 
Committee on Homeland Security and Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on July 23, 2009. To ensure all parties 
have adequate time in which to comment, the altered systems, including 
the routine uses, will become effective 30 days from

[[Page 38457]]

the publication of the notice or 40 days from the date it was submitted 
to OMB and Congress, whichever is later, unless HRSA receives comments 
that require alterations to this notice.

ADDRESSES: Please address comments to Associate Administrator, Health 
Resources and Services Administration, 5600 Fishers Lane, Room 17-105, 
Rockville, Maryland 20857. Comments received will be available for 
inspection at this same address from 9 a.m. to 3 p.m. (Eastern Standard 
Time Zone), Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Renee Painter, Administrative Officer, 
National Hansen's Disease Program, Bureau of Primary Health Care, 1770 
Physician's Park Drive, Room 113, Baton Rouge, Louisiana 70816; 
Telephone (225) 756-3773. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: HRSA's Bureau of Primary Health Care's 
National Hansen's Disease Program (NHDP) (formerly Gillis W. Long 
Hansen's Disease Center) relocated from Carville, Louisiana, to Baton 
Rouge, Louisiana. The proposed changes to the systems of records 
maintained at the NHDP are to update the system location, categories of 
individuals covered by the systems, categories of records in the 
systems, authority for maintenance of the systems, routine uses, 
retrievability, storage, safeguards, retention and disposal, system 
managers, and notification procedures.

    Dated: July 9, 2009.
Mary K. Wakefield,
Administrator.

SYSTEM NUMBER:
    09-15-0002.

SYSTEM NAME:
    Record of Patients' Personal Valuables and Monies, HHS/HRSA/BPHC.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Hansen's Disease Program, 1770 Physician's Park Drive, 
Baton Rouge, Louisiana 70816.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals admitted to the National Hansen's Disease Program 
(NHDP).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information regarding personal valuables such as watches or rings, 
and monies checked in by the patients for safe-keeping.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 321 of the Public Health Service Act.

PURPOSE(S):
    The purpose of the system is to provide for the safekeeping of 
patients' valuables. Records may also be used by the HHS Audit Agency 
for audit purposes.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to a verified inquiry from the 
congressional office made at the written request of that individual.
    2. The Department may disclose information from this system of 
records to the Department of Justice, or 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, 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 for which the records were 
collected.
    3. To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
     Storage: Valuables and monies (contents verified by the 
patient and a witness) are placed in an envelope by the patient. Name, 
hospital number, and list of contents are written on the envelope and 
on flap. It is sealed and receipt flap is given to the patient. The 
envelope is then placed in locked cabinet or safe. Actions are 
documented in the patient's medical record.
     Retrievability: Presentation of receipt flap, name, and 
hospital number. Return of valuables is documented in the medical 
record.
     Safeguards:
    1. Authorized Users: DNHDP personnel responsible for the security 
of valuables and monies.
    2. Physical Safeguards: All documents are protected during lunch 
hours and nonworking hours in locked file cabinets or locked storage 
areas.
    3. Procedural Safeguards: All users of personal information in 
connection with the performance of their jobs protect information from 
public view and from unauthorized personnel entering an unsupervised 
office. Access to records is strictly limited to those staff members 
trained in accordance with the DHHS Chapter 45-13 and Chapter PHS.hf: 
45-13 of the General Administration Manual.

RETENTION AND DISPOSAL:
    Documentation within the medical record is retained indefinitely 
until authority to destroy medical records is received.

HOW DESTROYED:
    Incinerator or shredding.

SYSTEM MANAGER(S) AND ADDRESS:
    Medical Records Coordinator, National Hansen's Disease Program, 
1770 Physician's Park Drive, Baton Rouge, Louisiana 70816.

NOTIFICATION PROCEDURE:
    Write to the National Hansen's Disease Program, Medical Records 
Coordinator, 1770 Physician's Park Drive, Baton Rouge, Louisiana 70816. 
Individual must provide positive identification such as driver's 
license, passport, voter registration card, union card, or a written 
certification verifying his or her identity. Requesters should also 
reasonably specify the record contents being sought.

RECORD ACCESS PROCEDURES:
    Same as notification procedures.

CONTESTING RECORD PROCEDURES:
    Write to the official at the address specified in the notification 
procedures above, and reasonably identify the record, specify the 
information to be contested, and state the corrective action sought, 
with supporting justification.

RECORD SOURCE CATEGORIES:
    Patient and admission record.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[[Page 38458]]

SYSTEM NUMBER:
    09-15-0003

SYSTEM NAME:
    Contract Physicians and Consultants, HHS/HRSA/BPHC.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Hansen's Disease Program, 1770 Physician's Park Drive, 
Baton Rouge, Louisiana 70816.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Medical and allied health professionals (e.g., physicians, nurses, 
physical therapists, and dentists) who have contracted with the 
National Hansen's Disease Program to provide services to beneficiaries.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Duplicate of original contract and personal data qualifications. 
Original contracts developed by the National Hansen's Disease Program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 320 of the Public Health Service Act, as amended (42 U.S.C. 
247e), the National Hansen's Disease Program; section 321 of the Public 
Health Service Act, as amended (42 U.S.C. 248), Control and Management 
of Hospitals; and section 326 of the Public Health Service Act, as 
amended (42 U.S.C. 253), Medical services to Coast Guard, National 
Oceanic and Atmospheric Administration, and the Public Health Service.

PURPOSE(S):
    To monitor contract negotiations and compliance, to review 
credentials, and to collect statistical data required to manage the 
program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to a verified inquiry from the 
congressional office made at the written request of that individual.
    2. In the event that a system of records maintained by this agency 
to carry out its functions indicates a violation or potential violation 
of law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, the relevant records 
in the system of records may be referred, as a routine use, to the 
appropriate agency, whether Federal, State or local, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, or rule, regulation 
or order issued pursuant thereto.
    3. Where a contract between a component of the Department and a 
labor organization recognized under E.O. 11491 provides that the agency 
will disclose personal records relevant to the organization's mission, 
records in this system of records may be disclosed to such 
organization.
    4. The Department may disclose information from this system of 
records to the Department of Justice, or 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, 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 for which the records were 
collected.
    5. Disclosure may be made to State Boards of Medical Examiners and 
to equivalent State licensing boards of professional review actions 
which adversely affect the clinical privileges of health care 
professionals who either:
    1. Are or were employed by the Federal Government;
    2. Provide or have provided health care service under a fee-for-
service contract with the Federal Government; or
    3. Provide or have provided health care services on behalf of the 
Federal Government as a volunteer or as a visiting fellow.
    Boards of Medical Examiners and equivalent State licensing boards 
are required by the Health Care Quality Improvement Act of 1986 and by 
the Medicare and Medicaid Patient and Program Protection Act of 1987 to 
report this information to the National Practitioner Data Bank.
    6. To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
     Storage: File folders.
     Retrievability: Name and contract number.
     Safeguards:
    1. Authorized Users: HHS medical and financial management staff and 
contracting personnel.
    2. Physical Safeguards: All documents are protected during lunch 
hours and nonworking hours in locked file cabinets or locked storage 
areas.
    3. Procedural Safeguards: All users of personal information in 
connection with the performance of their jobs protect information from 
public view and from unauthorized personnel entering an unsupervised 
office. Access to records is strictly limited to those staff members 
trained in accordance with DHHS Chapter 45-13 and Chapter PHS.hf: 45-13 
of the General Administration Manual.

RETENTION AND DISPOSAL:
    Duplicate contracts: Held 1-3 years dependent upon renewal. 
Destroyed per authority General Records Schedule 5 and 7.

ORIGINAL CONTRACTS:
    1. Transactions of more than 10,000: Destroy 6 years and 3 months 
after final payment.
    2. Transactions of 10,000 or less: Destroy 3 years after final 
payment.

SYSTEM MANAGER(S) AND ADDRESS:
    Contracting Officer, National Hansen's Disease Program, 1770 
Physician's Park Drive, Baton Rouge, Louisiana 70816.

NOTIFICATION PROCEDURE:
    To determine if a record exists, write to the System Manager at the 
address above. The individual must provide positive identification, 
such as driver's license, passport, voter registration card, or written 
certification verifying his or her identity. Requesters should also 
reasonably specify the record contents being sought.

RECORD ACCESS PROCEDURES:
    Same as notification procedures.

CONTESTING RECORD PROCEDURES:
    Write to the System Manager at the address specified above, and 
reasonably identify the record, specify the

[[Page 38459]]

information to be contested, and state the corrective action sought, 
with supporting justification.

RECORD SOURCE CATEGORIES:
    Medical, allied health professionals and dentists.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

SYSTEM NUMBER:
    09-15-0007

SYSTEM NAME:
    Patients Medical Record System Public Health Service Hospitals, 
HHS/HRSA/BPHC.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    See Appendices 1 and 2. A list of sites where individually 
identifiable data is currently located is available upon request to the 
System Manager.
    Appendix 1
    A. Public Health Service Facilities: Director, Public Health 
Service Health Data Center, 1770 Physicians Park Drive, Baton Rouge, 
Louisiana 70816.
    B. Successor Organizations: Director, Johns Hopkins Medical 
Service, 3100
    Wyman Park Drive, Baltimore, Maryland 21211. Administrator, 
Lutheran Medical Center, 2609 Franklin Boulevard, Cleveland, Ohio 
44114. Administrator, Martins Point Health Center, 331 Veranda Street, 
Portland, Maine 04103. Director, Pacific Medical Center, 1200 12th 
Avenue South, Seattle, Washington 98144.
    Appendix 2--Federal Records Centers
     Area served: Buffalo, New York OutPatient Clinic, San 
Juan, and Staten Island. Central Plains Federal Records Center, 200 
Space Center Drive, Lee's Summit, Missouri 64064-1182.
     Area served: Chicago and Detroit. Federal Records Center, 
7358 S. Pulaski Road, Chicago, Illinois 60629-5898.
     Area served: Cincinnati and Detroit. Federal Records 
Center, 3150 Springboro Road, Dayton, Ohio 45439-1883.
     Area served: Atlanta, Charleston, Jacksonville, Memphis, 
Miami, Mobile, Savannah and Tampa. Federal Records Center, 4712 
Southpark Boulevard, Ellenwood, Georgia 30294.
     Area served: 090 section of Houston, New Orleans, 
Galveston and Nassau Bay. Federal Records Center, P.O. Box 6216, Fort 
Worth, Texas 76115.
     Area served: 512 section of Houston, New Orleans, 
Galveston/Nassau Bay. Federal Records Center, 17501 W. 98th Street, 
Suite 47-48, Lenexa, Kansas 66219.
     Area served: San Diego and San Pedro. Federal Records 
Center, P.O. Box 6719, 23123 Cajalco Road, Perris, California 92570-
7298.
     Area served: Philadelphia and Pittsburg. Federal Records 
Center, 14700 Townsend Road, Philadelphia, Pennsylvania 19154-1096.
     Area served: San Francisco and Honolulu. Federal Records 
Center, 1000 Commodore Drive, San Bruno, California 94066-2350.
     Area served: Honolulu and Portland, Oregon. Federal 
Records Center, 6125 Sand Point Way, NE., Seattle, Washington 98115-
7999.
     Area served: Buffalo, DC, Norfolk, Port Arthur, St. Louis 
Space Park Memorial, Seattle, New Orleans, Tampa, San Francisco, 
Galveston, Seattle and Maryland. Washington National Records Center, 
4205 Suitland Road, Suitland, Maryland 20746.
     Area served: Boston, Maine, Massachusetts, Kentucky and 
Indiana. Federal Records Center, 380 Trapelo Road, Waltham, 
Massachusetts 02154-6399.
     Area served: Individuals with Hansen's disease, examined 
and/or treated at the National Hansen's Disease Program (formerly 
Public Health Service Hospital), National Hansen's Disease Programs, 
1770 Physician's Park Drive, Baton Rouge, Louisiana 70816.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Uniformed and non-uniformed individuals treated as inpatients in 
Public Health Service Hospitals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Medical examination, diagnostic and treatment data; information for 
proof of eligibility; social data such as address and birth date; 
disease registers, such as Hansen's disease and tumor and surgical 
procedure registers; treatment logs, medical summaries and 
correspondence (for example, family to doctor, doctor to doctor, doctor 
to clinic).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 320 of the Public Health Service Act, as amended (42 U.S.C. 
247e), the National Hansen's Disease Program; and section 326 of the 
Public Health Service Act, as amended (42 U.S.C. 253), Medical Services 
to Coast Guard, National Oceanic and Atmospheric Administration, and 
Public Health Service.

PURPOSE(S):
    The purposes of this system are:
    1. To serve as a basis for planning patient care and for continuity 
in the evaluation of the patient's condition and treatment to furnish 
documentary evidence of the course of the patient's medical evaluation, 
treatment and change in condition during the hospital stay, ambulatory 
care or emergency visit, or while being followed in a facility-based 
home care program;
    2. To document communications between the responsible practitioner 
and any other health professional's contribution to the patient's care 
and treatment in order to assist in protecting the legal interests of 
the patient, the hospital or clinic, and responsible practitioners;
    3. To provide data for use in facility management, continuing 
education, Department initiatives, quality assurance activities and 
research at the National Hansen's Disease Program, Baton Rouge, 
Louisiana.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Disclosure may be made to:
    1. Any community health organization, government agency, private 
physician and/or company which has requested or arranged for an 
examination, treatment or care of an individual.
    2. Army, Navy, Air Force to report results of examination or 
treatment of their uniformed service personnel.
    3. Department of Transportation to report results of examination/
treatment of their uniformed services personnel found to be suffering 
from conditions that render them hazardous to themselves or to others.
    4. Department of Commerce to report results of examination/
treatment of uniformed services and other personnel of that agency.
    5. Immigration and Customs Enforcements (ICE) to report results of 
examination/treatment of aliens examined and treated for and in behalf 
of that agency.
    6. U.S. Department of Labor, Office of Workers' Compensation 
Programs for persons claiming compensation benefits due to personal 
injury while employed by the Government.
    7. Organizations such as Joint Commission on Accreditation of 
Hospitals for accreditation of hospitals and clinics, and American 
Medical Association for accreditation of resident training programs. 
Medical records are used to document quality of service by health care 
providers.
    8. Health professions students serving an affiliation at the 
institution and their parent education program; students provide 
patient care and use medical records in performance of their duties.
    9. Non-agency physicians providing continuing care to current and 
former

[[Page 38460]]

Public Health Service Beneficiaries, laboratories performing tests for 
the continuing care of these patients, and successor organizations 
providing health care in former Public Health Service hospitals and 
clinics.
    10. Veterans Administration to assist uniformed service personnel, 
retirees and veterans to obtain medical care or benefits.
    11. Disclosure may be made to a congressional office from the 
record of an individual in response to a verified inquiry from the 
congressional office made at the written request of that individual.
    12. A record may be disclosed for a research purpose, when the 
Department: (a) Has determined that the use or disclosure does not 
violate legal or policy limitations under which the record was 
provided, collected, or obtained; (b) has determined that the research 
purpose (1) cannot be reasonably accomplished unless the record is 
provided in individually identifiable form, and (2) warrants the risk 
to the privacy of the individual that additional exposure of the record 
might bring; (c) has required the recipient to--(1) establish 
reasonable administrative, technical, and physical safeguards to 
prevent unauthorized use or disclosure of the record, and (2) remove or 
destroy the information that identifies the individual at the earliest 
time at which removal or destruction can be accomplished consistent 
with the purpose of the research project, unless the recipient has 
presented adequate justification of a research or health nature for 
retaining such information, and (3) make no further use or disclosure 
of the record except--(A) in emergency circumstances affecting the 
health or safety of any individual, (B) for use in another research 
project, under these same conditions, and with written authorization of 
the Department, (C) for disclosure to a properly identified person for 
the purpose of an audit related to the research project, if information 
that would enable research subjects to be identified is removed or 
destroyed at the earliest opportunity consistent with the purpose of 
the audit, or (D) when required by law; (d) has secured a written 
statement attesting to the recipient's understanding of, and 
willingness to abide by these provisions.
    13. Organizations deemed qualified by the Secretary to carry out 
quality assessment, medical audits or utilization review.
    14. Information regarding the commission of crimes or the reporting 
or occurrence of communicable diseases, tumors, child abuse, births, 
deaths, alcohol or drug abuse, etc. as may be required by health 
providers and facilities, by state law, or regulation of the department 
of health or other agency of the state or its subdivision in which the 
facility is located. Disclosure may be made to organizations as 
specified by the state law or regulation such as birth and deaths to 
vital statistics agencies and crimes to law enforcement agencies. 
Disclosure of the contents of records which pertain to patient 
identity, diagnosis, prognosis or treatment of alcohol or drug abuse is 
restricted under the provisions of the Confidentiality of Alcohol and 
Drug Abuse Patient Records Regulations 42 CFR part 2 as authorized by 
21 U.S.C. 1175 and 42 U.S.C. 4582, as amended by Public Law 93-283. To 
the extent possible, identical restrictions are applied to the 
disclosure of the contents of records pertaining to individuals with 
other programs who are participating in employee counseling programs.
    15. In the event of litigation where the defendant is
    a. The Department, any component of the Department, or any employee 
of the Department in his or her official capacity;
    b. The United States where the Department determines that the 
claim, if successful, is likely to directly affect the operations of 
the Department or any of its components; or
    c. Any Department employee in his or her individual capacity where 
the Justice Department has agreed to represent such employee, for 
example in defending a claim against the Public Health Service based 
upon an individual's mental or physical condition and alleged to have 
arisen because of activities of the Public Health Service in connection 
with such individual. Disclosure may be made to the Department of 
Justice to enable that Department to present an effective defense, 
provided that such disclosure is compatible with the purpose for which 
the records were collected.
    16. To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
     Storage: File folders, magnetic tape, disk or laser 
optical media, punch cards, and microfilm.
     Retrievability: Indexed by name, register number, number 
control register, disease and operation, and uniformed services service 
number (which is the Social Security number (SSN)). Those records 
indexed by SSN are retrieved in accordance with section 7(a)(2)(B) of 
the Privacy Act.
     Safeguards:
    1. Authorized Users: Health care practitioners, and other allied 
health personnel, medical and allied health students and administrative 
personnel for determination of eligibility for care and facility 
management; qualified research personnel with approved protocol; Public 
Health Service Commissioned Personnel Operations Division; and Public 
Health Service Claims Officer.
    2. Physical Safeguards: Magnetic tapes, discs, other computer 
equipment and other forms of personal data are stored in areas where 
fire and life safety codes are strictly enforced. All documents are 
protected during lunch hours and nonworking hours in locked file 
cabinets in double-locked storage areas.
    3. Procedural Safeguards: A password is required to access the 
terminal and a data set name controls the release of data only to 
authorized users. All users of personal information in connection with 
the performance of their jobs protect information from public view and 
from unauthorized personnel entering an unsupervised office. Access to 
records is strictly limited to those staff members trained in 
accordance with Privacy Act safeguards. The contractor is required to 
maintain confidentiality safeguards with respect to these records. 
These safeguards are in accordance with DHHS Chapter 45-13 and 
supplementary Chapter PHS.hf: 45-13 of the General Administration 
Manual, and Part 6 of the DHHS Information Resources Management Manual. 
The Memorandums of Agreement between the successor organizations and 
the Public Health Service require the successor organizations to comply 
with the Privacy Act. Public Health Service and HHS guidelines have 
been provided to each successor organization.

RETENTION AND DISPOSAL:
    1. Former Public Health Service Hospitals/Clinics: Destroyed 50 
years after date of last treatment, inactive medical records for active 
duty uniformed service personnel and non-uniformed service personnel.
    2. National Hansen's Disease Program: Retained at facility--not 
transferred to a Federal Records Center. Destroyed, as appropriate, 
after 50 years, or when no

[[Page 38461]]

longer needed for research purposes, as determined by the project 
leader or principal investigator.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Public Health Service Health Data Center, National 
Hansen's Disease Program, 1770 Physician's Park Drive, Baton Rouge, 
Louisiana 70816.

NOTIFICATION PROCEDURE:
    To determine the existence of a record, write to: Public Health 
Service Health Data Center, National Hansen's Disease Program, 1770 
Physician's Park Drive, Baton Rouge, Louisiana 70816.
    If requesting records by mail, a written certification verifying 
identity must be provided. If appearing in person at the National 
Hansen's Disease Program, Baton Rouge, Louisiana, positive 
identification such as a driver's license, passport, or voter's 
registration card must be provided. An individual who requests access 
to a medical/dental record shall designate in writing, at the time the 
request is made, a responsible representative who will be willing to 
review the record and inform the subject individual of its contents. 
Finally, a parent or guardian who requests notification of access to a 
child's/incompetent person's record shall designate a family physician 
or other health professional (other than a family member) to whom the 
record, if any, will be sent. The parent or guardian must verify 
relationship to the child/incompetent person as well as his/her own 
identity.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought.

CONTESTING RECORD PROCEDURES:
    Contact the official at the address specified in the notification 
procedures above, and reasonably identify the record, specify the 
information to be contested, and state the corrective action sought, 
with supporting justification.

RECORD SOURCE CATEGORIES:
    Individual, health care personnel, other hospitals and physicians, 
employers, social agencies, maritime unions, shipping companies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

SYSTEM NUMBER:
    09-15-0028

SYSTEM NAME:
    Public Health Service Clinical Affiliation Trainee Records, HHS/
HRSA/BPHC.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Hansen's Disease Program, 1770 Physicians Park Drive, 
Baton Rouge, Louisiana 70816.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Students in Public Health Service training programs or serving 
clinical affiliation in National Hansen's Disease Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Transcripts of past education, application for training, training 
program staff and clinical supervisor evaluations and progress reports, 
course grades and evidence of completion of training requirements.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 320 of the Public Health Service Act, as amended (42 U.S.C. 
247e), the National Hansen's Disease Program; and section 327A of the 
Public Health Service Act, as amended (42 U.S.C. 254), 
Interdepartmental Work.

PURPOSE(S):
    To provide communication between educational and supervisory staff 
for evaluation of trainees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Disclosure may be made:
    To Educational Program staff of affiliated college/university to 
provide reports of student trainee's progress in training;
    1. To prospective employers for professional reference;
    2. To professional boards or associations to certify the student's 
progress in or completion of training as required for professional 
license, registration certification, etc.
    3. To a congressional office from the record of an individual in 
response to a verified inquiry from the congressional office made at 
the written request of that individual.
    4. The Department of Health and Human Services (HHS) may disclose 
information from this system of records to the Department of Justice, 
or 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, 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 for which the records were 
collected.
    5. To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
     Storage: File folders.
     Retrievability: By year of training and alphabetically by 
last name.
     Safeguards:
    [cir] Authorized Users: Rehabilitation and Educational Services 
Coordinator, National Hansen's Disease Program, work and staff 
supervisors and administrative personnel.
    [cir] Physical Safeguards: All documents are protected during lunch 
hours and nonworking hours in locked file cabinets and locked storage 
areas.
    [cir] Procedural Safeguards: All users of personal information in 
connection with the performance of their jobs protect information from 
public view and from unauthorized personnel entering an unsupervised 
office. Access to records is strictly limited to those staff members 
trained in accordance with DHHS Chapter 45-13 and Chapter PHS.hf: 45-13 
of the General Administration Manual.

RETENTION AND DISPOSAL:
    Retained 5 years, then destroyed per authority of General Records 
Schedule 1.29.

SYSTEM MANAGER(S) AND ADDRESS:
    Rehabilitation and Educational Services Coordinator, National 
Hansen's Disease Program, 1770 Physician's Park Drive, Baton Rouge, 
Louisiana 70816.

[[Page 38462]]

NOTIFICATION PROCEDURE:
    The individual should contact the Director, National Hansen's 
Disease Program, 1770 Physicians Park Drive, Baton Rouge, Louisiana 
70816, and provide name, date of birth and approximate dates of 
training to allow positive identification of the record.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought.

CONTESTING RECORD PROCEDURES:
    Contact the facility mentioned at the address specified in the 
notification procedures above, and reasonably identify the record, 
specify the information to be contested, and state corrective action 
sought, with supporting justification.

RECORD SOURCE CATEGORIES:
    Individuals, clinical supervisors, instructors, training program 
staff and administrative personnel of facility and affiliated college/
university.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. E9-18439 Filed 7-31-09; 8:45 am]
BILLING CODE 4160-15-P