[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19088-19089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09041]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Request for Public Comment: 60 Day Information Collection: Indian 
Health Service Forms To Implement the Privacy Rule

AGENCY: Indian Health Service, HHS.

ACTION: Notice and request for comments. Request for extension of 
approval.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Indian Health Service (IHS) invites the general public to comment on 
the information collection titled, ``IHS Forms to Implement the Privacy 
Rule'' Office of Management and Budget (OMB) Control Number 0917-0030.
    This previously approved information collection project was last 
published in the Federal Register (81 FR 15347) on March 22, 2016, and 
allowed 30 days for public comment. No public comment was received in 
response to the notice. This notice announces our intent to submit the 
collection, which expires August 31, 2019, to OMB for approval of an 
extension, and to solicit comments on specific aspects of the 
information collection. A copy of the supporting statement is available 
at www.regulations.gov (see Docket ID IHS-2016-1).
    Title of Collection: 0917-0030, IHS Forms to Implement the Privacy 
Rule (45 CFR parts 160 & 164). Type of Information Collection Request: 
Extension of the currently approved information collection, 0917-0030, 
IHS Forms to Implement the Privacy Rule (45 CFR parts 160 & 164). 
Form(s): 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 Individually 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 Insurance Portability and 
Accountability Act of 1996, creates national standards to protect 
individual's personal health information, and gives patients increased 
access to their medical records. 45 CFR 164.508, 164.522, 164.526 and 
164.528 of the Rule require the collection of information to implement 
these protection standards and access requirements. The IHS will 
continue to use the following data collection instruments to meet the 
information collection requirements contained in the Rule.
    45 CFR 164.508: This provision generally requires covered entities 
to obtain or receive a valid authorization for its use or disclosure of 
protected health information, unless otherwise permitted or required by 
the Privacy Rule. (See, e.g., 45 CFR 164.506 for a common exception to 
this general rule, which involves uses and disclosure for treatment, 
payment, or healthcare operations.) Individuals may initiate a written 
authorization permitting covered entities to release their protected 
health information to entities of their choosing. The form IHS-810 
``Authorization for Use or Disclosure of Protected Health Information'' 
is 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, and with a limited 
exception, a covered entity is not required to agree to a requested 
restriction. 45 CFR 164.522(a)(1)(vi). The form IHS-912-1 ``Request for 
Restrictions(s)'' is used to document an individual's request for 
restriction of their protected health information, and whether the IHS 
agreed or disagreed with the restriction. Section 164.522(a)(2) permits 
a covered entity to terminate its agreement to a restriction under 
certain conditions. For example, termination may occur if the 
individual agrees to or requests the termination in writing. 45 CFR 
164.522(a)(2)(i). The form IHS-912-2 ``Request for Revocation of 
Restriction(s)'' is used to document the individual's request, the 
individual's agreement, and/or the agency's decision to terminate a 
formerly agreed to restriction regarding the use and disclosure of 
protected health information.
    45 CFR 164.528: This provision requires covered entities to provide 
an accounting of certain disclosures of protected health information 
made by the covered entity. See also, 45 CFR 5b.9(c). The form IHS-913 
``Request for an Accounting of Disclosures'' is used to document an 
individual's request for an accounting of disclosures of their 
protected health information and the agency's handling of the request.
    45 CFR 164.526: Under this provision, individuals have a right to 
amend protected health information or a record about the individual in 
a designated

[[Page 19089]]

record set, under certain conditions. 45 CFR 164.526(a). This provision 
further requires covered entities to permit an individual to request 
that the covered entity amend protected health information. 45 CFR 
164.526(b). The covered entity must inform the individual if the 
covered entity accepts the requested amendment, in whole or in part. 
The covered entity must provide the individual with a written denial 
containing certain information if the covered entity denies the 
requested amendment, in whole or in part. 45 CFR 164.526(d)(1). The 
form IHS-917 ``Request for Correction/Amendment of Protected Health 
Information'' will be used to document an individual's request to amend 
his/her protected health information and the agency's decision to 
accept or deny the request.
    Completed forms used in this collection of information are filed in 
the IHS medical, health and billing record, a Privacy Act System of 
Records Notice. Affected Public: Individuals and households. Type of 
Respondents: Individuals. Burden Hours: The table below provides for 
this information collection: types of data collection instruments, 
estimated number of respondents, number of responses per respondent, 
average burden hour per response, and total annual burden hour(s).

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                                                                     Number of        Average
           Data collection instrument                Number of     responses per    burden hour    Total  annual
                                                    respondents     respondent    per response *   burden hours
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Authorization for Use or Disclosure of Protected         210,954               1           10/60          35,159
 Health Information (OMB Form No. 0917-0030, IHS-
 810)...........................................
Request for Restriction(s) (OMB Form No. 0917-               214               1           10/60              36
 0030, IHS-912-1)...............................
Request for Revocation of Restriction(s) (OMB                  3               1           10/60              .5
 Form No. 0917-0030, IHS-912-2).................
Request for Accounting of Disclosures (OMB Form               39               1           10/60             6.5
 No. 0917-0030, IHS-913)........................
Request for Correction/Amendment of Protected                 54               1           10/60               9
 Health Information (OMB Form No. 0917-0030, IHS-
 917)...........................................
                                                 ---------------------------------------------------------------
    Total Annual Burden.........................         211,264  ..............  ..............          35,211
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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 
35,211 hours.
    There are no capital costs, operating costs and/or maintenance 
costs to respondents.
    Requests 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 the public burden estimate (the estimated 
amount of time needed for individual respondents to provide the 
requested information);
    (d) whether the methodology and assumptions used to determine the 
estimates 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.

ADDRESSES: Send your written comments, requests for more information on 
the collection, or requests to obtain a copy of the data collection 
instrument and instructions to Evonne Bennett-Barnes by one of the 
following methods:
     Mail: Evonne Bennett-Barnes, Information Collection 
Clearance Officer, Indian Health Service, Office of Management 
Services, Division of Regulatory and Policy Coordination, 5600 Fishers 
Lane, Mail Stop 09E70, Rockville, MD 20857.
     Phone: 301-443-1116.
     Email: [email protected].
    Comment Due Date: July 2, 2019. Your comments regarding this 
information collection are best assured of having full effect if 
received within 60 days of the date of this publication.

Michael D. Weahkee,
Assistant Surgeon General, U.S. Public Health Service, Principal Deputy 
Director, Indian Health Service.
[FR Doc. 2019-09041 Filed 5-2-19; 8:45 am]
 BILLING CODE 4165-16-P