[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68123-68125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27699]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Privacy Act of 1974; System of Records Notice

AGENCY: Office of Minority Health (OMH), Office of the Assistant 
Secretary for Health (OASH), Office of the Secretary (OS), Department 
of Health and Human Services (HHS).

ACTION: Notice to establish a new Privacy Act system of records notice 
(SORN).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Office of Minority Health, Office of the Assistant Secretary 
for Health, Office of the Secretary of Health and Human Services (HHS/
OS/OASH/OMH) is establishing a new system of records, ``Think Cultural 
Health,'' to support its Think Cultural Health Web site Program. The 
system will provide educational information, training, best practices, 
and tools to health professionals as one initiative to help them 
accomplish cultural competency in accordance with national Culturally 
and Linguistically Appropriate Services (CLAS) Standards. The CLAS 
standards were originally promulgated by OMH in 2001 and are being 
revised and enhanced in order to guide health and health care 
organizations in the provision of culturally and linguistically 
appropriate services that will improve the health care of all 
Americans.
    The system will maintain registration and training records 
containing personally identifiable information (PII) about individual 
health professionals who are registrants/users of the Think Cultural 
Health Web site. The program and the system of records are more 
thoroughly described in the Supplementary Information section and 
System of Records Notice (SORN) below.

DATES: Effective Dates: Effective 30 days after publication. Written 
comments should be submitted on or before the effective date. HHS/OS/
OASH/OMH may publish an amended SORN in light of any comments received.

ADDRESSES: The public should address written comments to Mr. Guadalupe 
Pacheco, Senior Health Advisor to the Director, Office of Minority 
Health, by mail or email, at 1101 Wootton Parkway, Suite 600, 
Rockville, MD 20852 or [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Guadalupe Pacheco, Senior Health 
Advisor to the Director, Office of Minority Health, 1101 Wootton 
Parkway, Suite 600, Rockville, MD 20852. He can be reached by telephone 
at (240) 453-6174 or via email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. The Think Cultural Health Web Site Program

    The Think Cultural Health Web site Program was created in 
recognition of the effectiveness of on-line distance learning. It 
supports the HHS/OS/OASH/OMH in complying with the cultural competency 
requirements of the Affordable Care Act of 2010 (Pub. L. 111-148), as 
well as the HHS Action Plan to Reduce Racial and Ethnic Health 
Disparities, the National Stakeholder Strategy for Achieving Health 
Equity, Healthy People 2020, the Secretary's Strategic Plan priorities, 
and the Assistant Secretary for Health's Public Health Quality Agenda. 
The program will use a Web site to post information such as cultural 
competency, language access and health disparities articles, and 
notices of health disparities conferences for viewing by any visitors 
to the site. Other resources, consisting of training and newsletters, 
will be available through the Web site to health professionals who 
register to use those resources. The Think Cultural Health system will 
not collect PII about visitors, but will collect PII about registrants/
users. Use of the resources offered on the site is voluntary, but 
registration information is required to determine if the site is used 
by variety of health professionals, representing different disciplines, 
skill sets, and demographic locations. The provision of data concerning 
the registrant's gender and race is optional. Additionally, training 
and test records are needed for reports to accrediting bodies.

II. The Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the 
United States Government collects, maintains, and uses PII in a system 
of records. A ``system of records'' is a group of any records under the 
control of a Federal agency from which information about individuals is 
retrieved by name or other personal identifier. The Privacy Act 
requires each agency to publish in the Federal Register a SORN 
identifying and describing each system of records the agency maintains, 
including the purposes for which the agency uses PII in the system, the 
routine uses for which the agency discloses such information outside 
the agency, and how individual record subjects can exercise their 
rights under the Privacy Act (e.g., to determine if the system contains 
information about them).
SYSTEM NUMBER:
09-90-1202

SYSTEM NAME:
Think Cultural Health

SECURITY CLASSIFICATION:
Unclassified

SYSTEM LOCATION:
    Servers: The servers hosting the system will be housed at Equinix 
Data Center 2, Ashburn, VA. Portals: This

[[Page 68124]]

system will be accessed via the Internet at 
www.ThinkCulturalHealth.hhs.gov. System Software: System software is 
maintained by Astute Technology in Reston, Virginia.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system will contain PII about individual health professionals 
who register to receive a monthly newsletter distributed via email 
through the site or to take training offered on the site.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system will contain the following categories of records and PII 
data elements:
     Newsletter registration records and E-learning 
registration records, including registrant's first and last name, email 
address, User ID number, user name, street address, degree, certificate 
type, gender, age, race/ethnicity, practice setting, level of 
seniority, primary role, years in profession, notification information, 
and current and future contact information.
     E-learning training and test records, including 
registrant's first and last name, evaluation data, pretest and posttest 
scores, and E-learning registration information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The statutory authority for maintenance of the system is Section 
5307 of the Affordable Care Act of 2010, Public Law 111-148, codified 
at 42 U.S.C. 293e and 42 U.S.C. 296e-1.

PURPOSE(S) OF THE SYSTEM:
    HHS/OS/OASH/OMH personnel will use PII in the system, on a ``need 
to know'' basis, for the following purposes:
     To identify individuals who request to receive the Think 
Cultural Health newsletter;
     To identify individuals who enroll in the Think Cultural 
Health E-learning program and receive continuing education credits;
     To report the fulfillment of continuing education credits 
to the accrediting bodies; and
     To evaluate statistics showing how, where, and by whom the 
program is utilized; for HHS research, marketing, and quality 
improvement purposes directed at ensuring the site is used by 
individuals representing a variety of skills and backgrounds.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The system may disclose records containing PII to parties outside 
HHS for the following routine uses:
    1. Certain E-learning test records, consisting of the registrant's 
name, evaluation data, pretest and posttest scores, and registration 
information, will be disclosed to accrediting bodies (such as Cine-Med 
and Indian Health Services), for their use in reporting continuing 
education credits for health professionals who complete all or part of 
the training program.
    2. Records may be disclosed to agency contractors, consultants, or 
HHS grantees who have been engaged by the agency to assist in 
accomplishment of an HHS function relating to the purposes of this 
system of records and who need to have access to the records in order 
to assist HHS.
    3. Records may be disclosed to the Department of Justice (DOJ), a 
court, or an adjudicatory body when:
     The agency or any component thereof; or
     Any employee of the agency in his or her official 
capacity, or
     Any employee of the agency in his or her individual 
capacity where DOJ has agreed to represent the employee, or
     The United States Government,

is a party to litigation or has an interest in such litigation and, by 
careful review, HHS determines that the records are both relevant and 
necessary to the litigation and that the use of such records by the 
DOJ, court, or adjudicatory body is compatible with the purpose for 
which the agency collected the records.
    4. Records may be disclosed to another Federal agency or an 
instrumentality of any governmental jurisdiction within or under the 
control of the United States (including any State or local governmental 
agency) that administers, or that has the authority to investigate 
potential fraud, waste, or abuse in federally funded programs, when 
disclosure is deemed reasonably necessary by HHS to prevent, deter, 
discover, detect, investigate, examine, prosecute, sue with respect to, 
defend against, correct, remedy, or otherwise combat fraud, waste or 
abuse in such programs.
    5. Records may be disclosed 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, when the information disclosed is 
relevant and necessary for that assistance.
    6. Records may become accessible to U.S. Department of Homeland 
Security (DHS) cyber security personnel, if captured in an intrusion 
detection system used by HHS and DHS pursuant to the Einstein 2 
program. Under Einstein 2, DHS uses intrusion detection systems to 
monitor Internet traffic to and from federal computer networks to 
prevent malicious computer code from reaching the networks. According 
to DHS' Privacy Impact Assessment for Einstein 2 (available on the DHS 
Cybersecurity privacy Web site, http://www.dhs.gov/files/publications/editorial_0514.shtm#4), only PII that is directly related to a 
malicious code security incident is captured and accessible to DHS, and 
DHS does not access any captured PII; however, accessibility alone may 
constitute a disclosure under the Privacy Act.
    The system may also disclose PII data for any of the uses 
authorized directly in the Privacy Act at 5 U.S.C. 552a(b)(2) and 
(b)(4)-(11).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
    Information will be collected via email, web form, or telephone. 
Electronic records are stored in databases on magnetic tape, on 
magnetic disk and in secure electronic files at the contractor's 
location (Astute Technology, Reston, VA), the data center (Equinix, 
Ashburn, VA) and at the tape storage facility (GRM, Capital Heights, 
MD).

RETRIEVABILITY:
    Registration and training records will be retrieved by registrant/
user name, email address, or User ID number.

SAFEGUARDS:
    Access to the records in the Think Cultural Health database will be 
limited to agency contractors, consultants, or HHS grantees who have 
been engaged by the agency to assist in accomplishment of an HHS 
function utilizing password security, encryption, firewalls and secured 
operating system.

RETENTION AND DISPOSAL:
    Information about newsletter recipients will be maintained until 
requested to be removed by the individual on whom the information is 
maintained. Information about training registrants will be maintained 
for a minimum of six years after the contract is no longer funded.

SYSTEM MANAGER AND ADDRESS:
    Guadalupe Pacheco, Senior Health Advisor to the Director, Office of 
Minority Health, 1101 Wootton Parkway, Suite 600, Rockville, MD 20852.

[[Page 68125]]

NOTIFICATION PROCEDURE:
    Individuals wishing to know if this system contains records about 
them should write to the System Manager and include the email address 
used for registration.

RECORD ACCESS PROCEDURE:
    Individuals seeking access to records about them in this system 
should follow the same instructions indicated under ``Notification 
Procedure'' and indicate the record(s) to which access is sought (e.g., 
newsletter registration, E-learning registration, or training record).

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of information about 
them in this system should follow the same instructions indicated under 
``Notification Procedure.'' The request should reasonably identify the 
record, specify the information contested, state the corrective action 
sought, and provide the reasons for the correction, with supporting 
justification.

RECORD SOURCE CATEGORIES:
    All information will be collected directly from the Web site 
registrants/users themselves when they complete one or more than one of 
the following information collection forms:
     Center for Linguistic and Cultural Competency in Health 
Care (CLCCHC) Registration Form
     A Physician's Practical Guide to Culturally Competent Care 
Registration Form
     Culturally Competent Nursing Care: A Cornerstone of Caring 
Registration Form
     Cultural Competency Curriculum for Disaster Preparedness 
and Crisis Response Registration Form
     Health Care Language Services Implementation Guide 
Registration Form

EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None

    Dated: May 15, 2012.
J. Nadine Gracia,
Deputy Assistant Secretary for Minority Health (Acting), Office of 
Minority Health, U.S. Department of Health and Human Services.
[FR Doc. 2012-27699 Filed 11-14-12; 8:45 am]
BILLING CODE 4150-29-P