[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Notices]
[Pages 71414-71416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27008]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the General Counsel; Privacy Act of 1974: Revision to 
Existing System of Records

AGENCY: Office of the General Counsel (OGC), Office of the Secretary, 
HHS.

ACTION: Notice of revision to an existing system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act, the 
Department of Health and Human Services (HHS) is publishing a notice of 
the minor revision of an existing system of records, 09-90-0062, 
Administrative Claims. The revised system makes some minor changes due 
to the records that will be part of the Early Offers Pilot, which HHS 
announced in the Federal Register on September 24, 2004 (67 FR 57294).

DATES: The revision does not add routine uses to this system. This 
amendment will be effective without further notice on the day of its 
publication.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Davis, Acting Associate 
General Counsel, General Law Division, Office of the General Counsel, 
U.S. Department of Health and Human Services, Room 4760, 330 
Independence Ave., SW., Washington, DC 20201. The telephone number is 
202-690-0153.

SUPPLEMENTARY INFORMATION: The revised system adds a new location in 
the Appendix for a small subset of information contained in this system 
pertinent to HHS's Early Offers Pilot, which was announced in the 
Federal Register on September 24, 2004 (67 FR 57294). The new location 
is for the contractor who maintains the Early Offers Pilot records. The 
revised system clarifies that the existing categories of records in the 
system cover Early Offers Pilot records because those records are 
pertinent to the particular claim asserted and are relevant to the 
final determinations made on claims. The revised system adds the Early 
Offers Pilot contractor to the ``Safeguards'' section of the system 
notice. The revised system limits the existing routine uses that the 
agency may use for information that is gathered under the Early Offers 
Pilot. The revised system corrects typographical errors in the previous 
system notice, updates the ``Retrievability'' section, and updates 
addresses in the Appendix of the system. The revised notice also 
updates the notification procedures. Finally, this revised system 
removes the references in the ``Safeguards'' section and the Appendix 
of the system notice to the Social Security Administration (SSA) 
because the SSA became an independent agency in 1995 and, therefore, is 
no longer part of HHS. The notice is published below in its entirety, 
as amended.
09-90-0062

SYSTEM NAME:
    Administrative Claims, HHS/OS/OGC.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    See Appendix.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    HHS employees, recipients of Federal assistance under HHS funded 
programs, and members of the public who have a claim against HHS or 
against whom HHS has a claim--Federal Torts Claims Act, Military 
Personnel and Civilian Employees Claims Act, Federal Claims Collection 
Act, Federal Medical Care Recovery Act, Act for Waiver of Overpayment 
of Pay.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information that is pertinent to the particular claim being 
asserted, including accident reports, hospital records, charges for 
medical services, certifications of overpayment, certifications of 
indebtedness, audits of payroll accounts during periods of 
overpayments, earning and leave statements, claims officers memoranda, 
final determinations made on claims (including Early Offers Pilot 
records), identify of debtors and information pertaining to how debts 
arose.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Tort Claims Act, 28 U.S.C. 261-2680, 1346(b); Waiver of 
Overpayment of Pay Act, 5 U.S.C. 5584; Military Personnel and Civilian 
Employees Claims Act, 31 U.S.C. 240-243; Federal Claims Collection Act, 
31 U.S.C. 951-953; Federal Medical Care Recovery Act, 42 U.S.C. 2651-
2653.

PURPOSE(S):
    To adjudicate claims asserted by or against the Department.

[[Page 71415]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records maintained for the Early Offers Pilot may be disclosed only 
for Routine Use Nos. 1 (to the extent the disclosure is to the HHS 
contractor who maintains the records for the Early Offers Pilot), 3 (in 
the event of Freedom of Information Act litigation), 5, and 13 below.
    Records from this system may be disclosed as follows:
    1. Federal, State, and local government agencies, private 
individuals, private and public hospitals, allegedly negligent parties, 
private attorneys, insurance companies, individual law enforcement 
officers, tribal officials, and other persons with relevant information 
for the purpose of investigating, settling, or adjudicating claims and 
subsequent litigation action.
    2. To a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of that individual.
    3. 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, the Department may disclose such records as it deems 
desirable or necessary to the Department of Justice to enable that 
Department to present an effective defense, provide such disclosure is 
compatible with the purpose for which the records were collected.
    4. 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 statue, 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 local, state, federal, or foreign, 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.
    5. In the event the Department deems it desirable or necessary, in 
determining whether particular records are required to be disclosed 
under the Freedom of Information Act, disclosure may be made to the 
Department of Justice for the purpose of obtaining its advice.
    6. To a federal, state or local agency maintaining civil, criminal 
or other pertinent records, such as current licenses, if necessary to 
obtain a record relevant to a DHHS decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant or other 
benefit.
    7. To a federal agency, in response to its request, in connection 
with the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the record is 
relevant and necessary to the requesting agency's decision on the 
matter.
    8. To the Department of Justice or other appropriate federal 
agencies in defending claims against the United States when the claim 
is based upon an individual's mental or physical condition and is 
alleged to have arisen because of activities of the Public Health 
Service in connection with such individual.
    9. A record from this system may be disclosed to the following 
entities in order to help collect a debt owed the United States.
    a. To another Federal agency so that agency can effect a salary 
offset;
    b. To another Federal agency so that agency can effect an 
administrative offset under common law or under 31 U.S.C. 3716 
(withholding from money payable to, or held on behalf of, the 
individual);
    c. To the Treasury Department to request his/her mailing address 
under I.R.C. 6103(m)(2) in order to locate him/her or in order to have 
a credit report prepared;
    d. To agents of the Department and to other third parties to help 
locate him/her in order to help collect or compromise a debt;
    e. To debt collection agents under 31 U.S.C. 3718 or under common 
law to help collect a debt; and
    f. To the Justice Department for litigation or further 
administrative action. Disclosure under part (d) of this use is limited 
to the individual's name, address, Social Security Number, and other 
information necessary to identify him/her. Disclosure under parts (a)-
(c) and (e) is limited to those items; the amount, status, and history 
of the claim; and the agency or program under which the claim arose. An 
address obtained from IRS may be disclosed to a credit reporting agency 
under part (d) only for purposes of preparing a commercial credit 
report on the individual. Part (a) applies to claims or debts arising 
under or payable under the Social Security Act if and only if the 
employee consents in writing to the offset.
    10. A record from this system may be disclosed to another federal 
agency that has asked the Department to effect an administrative 
offset, under common law or under 31 U.S.C. 3716, to help collect a 
debt owed the United States. Disclosure under this routine use is 
limited to: Name, address, Social Security Number, and other 
information necessary to identify the individual; information about the 
money payable to or held for the individual; and other information 
concerning the administrative offset.
    11. Disclosures with regard to claims or debts arising under or 
payable under the Social Security Act may be made from this system to 
``consumer reporting agencies'' as defined in the Fair Credit Reporting 
Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 
(31 U.S.C. 3701(a)(3)). However, this disclosure will not be made with 
regard to debts from overpayments to beneficiaries under Title II (Old-
Age, Survivors, and Disability Insurance) and Title XVI (Supplemental 
Security Income) of this Act. The purpose of this disclosure is to aid 
in the collection of outstanding debts owed to the Federal Government. 
Disclosure of records is limited to the individual's name, address, 
Social Security number, and other information necessary to establish 
the individual's identity; the amount, status, and history of the 
claim; and the agency or program under which the claim arose.
    12. When a debt becomes legally or administratively uncollectible 
in whole or in part, a record may be disclosed to the Internal Revenue 
Service to report the written-off part as income.
    13. Records may be disclosed to student volunteers, individuals 
working under a personal services contract, and other individuals 
performing functions for the Department but technically not having the 
status of agency employees, if they need access to the records in order 
to perform their assigned agency functions.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be 
made from this system to ``consumer reporting agencies'' as defined in 
the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims 
Collections Act of 1966 (31 U.S.C. 3701(a)(3)). The purpose of this 
disclosure is to aid in the collection

[[Page 71416]]

of outstanding debts owed to the Federal Government, typically, to 
provide an incentive for debtors to repay delinquent Federal Government 
debts by making these debts part of their credit records. Disclosure of 
records is limited to the individual's name, address, Social Security 
number, and other information necessary to establish the individual's 
identity; the amount, status, and history of the claim; and the agency 
or program under which the claim arose. This disclosure will be made 
only after the procedural requirements of 31 U.S.C. 3711(f) have been 
followed.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Legal size files in filing cabinets.

RETRIEVABILITY:
    These records are manually retrieved by name of the non-Government 
party, whether claimant, plaintiff, or alleged debtor. In some 
instances, these records are retrievable by computer using name of the 
party involved.

SAFEGUARDS:
    Office buildings in which files are kept are locked after the close 
of the business day. These files are only accessible to General Counsel 
staff, to designated claims program specialists in the Public Health 
Service, and with respect to the Early Offers Pilot records, to HHS's 
contractor.

RETENTION AND DISPOSAL:
    The records are maintained for an indefinite duration.

SYSTEM MANAGER(S) AND ADDRESS:
    The agency official responsible for the system policies and 
practices outlined above is: The General Counsel, Department of Health 
and Human Services, Office of the General Counsel, Room 713F, Humphrey 
Building, 200 Independence Avenue, SW., Washington, DC 20201.

NOTIFICATION:
    Any inquiries regarding this system of records should be addressed 
to the System Manager.
    (These notification and access procedures are in accordance with 
Department Regulations (45 CFR 5b.5).)

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought. (These access procedures are 
in accordance with Department Regulations (45 CFR 5b.5(a)(2)), Federal 
Register, October 8, 1975, page 47410.)

CONTESTING RECORD PROCEDURES:
    Contact the official at the address specified under System 
Manager(s) Address above, and reasonably identify the record, specify 
the information to be contested, and specify the corrective action 
sought, with supporting justification (i.e., how it is inaccurate, 
irrelevant, not timely, or incomplete). (These procedures are in 
accordance with Department Regulations (45 CFR 5b.7), Federal Register, 
October 8, 1975, page 47411.)

RECORD SOURCE CATEGORIES:
    The information in this system comes from a number of sources 
including private individuals, private and public hospitals, doctors, 
law enforcement agencies and officials, private attorneys, accident 
reports, third parties, claimants or beneficiaries and their relatives, 
other Federal agencies, State and local governments, agencies and 
instrumentalities.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

Appendix

Office of the General Counsel--Headquarters Offices, Department of 
Health and Human Services, Humphrey Building, Room 713F, 200 
Independence Avenue, SW., Washington, DC 20201.
Office of the General Counsel, Regional Attorney--Region I, 
Department of Health and Human Services, John F. Kennedy Federal 
Building, Room 2250, Government Center, Boston, Massachusetts 02203.
Office of the General Counsel, Regional Attorney--Region II, 
Department of Health and Human Services, Jacob K. Javitz Federal 
Building, Room 3908, 26 Federal Plaza, New York, New York 10278.
Office of the General Counsel, Regional Attorney--Region III, 
Department of Health and Human Services, The Public Ledger Building, 
Suite 418, 150 S. Independence Mall West, Philadelphia, Pennsylvania 
19106-3499.
Office of the General Counsel, Regional Attorney--Region IV, 
Department of Health and Human Services, Suite 5M60, 61 Forsyth 
Street, Atlanta, Georgia 30303.
Office of the General Counsel, Regional Attorney--Region V, 
Department of Health and Human Services, Suite 700, 233 North 
Michigan Avenue, Chicago, Illinois 60601-5519.
Office of the General Counsel, Regional Attorney--Region VI, 
Department of Health and Human Services, Room 1138, 1301 Young 
Street, Dallas, Texas 75202.
Office of the General Counsel, Regional Attorney--Region VII, 
Department of Health and Human Services, Room 1711, 601 East 12th 
Street, Kansas City, Missouri 64106.
Office of the General Counsel, Regional Attorney--Region VIII, 
Department of Health and Human Services, Room 300, 1961 Stout 
Street, Denver, Colorado 80294.
Office of the General Counsel, Regional Attorney--Region IX, 
Department of Health and Human Services, Room 420, 50 United Nations 
Plaza, San Francisco, California 94102-4912.
Office of the General Counsel, Regional Attorney--Region X, 
Department of Health and Human Services, Blanchard Plaza, Suite 702, 
2201 Sixth Avenue, Seattle, Washington 98121-1833.
Director, Division of Public Health Service Claims, Room 17A-17, 
Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857.
For records related to the Early Offers Pilot, Professor David A. 
Hyman, University of Illinois College of Law, 504 East Pennsylvania 
Avenue, Champaign, Illinois 61820-6909.

    Dated: December 3, 2004.
Alex M. Azar II,
General Counsel,

[FR Doc. 04-27008 Filed 12-8-04; 8:45 am]
BILLING CODE 4190-26-M