Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 44905 

records may write, call or visit the 

appropriate VA health care facility. 

CONTESTING RECORD PROCEDURES: 

(See Records Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

1. Veterans. 

2. Employees of a VA health care 

facility. 

3. Other VA health care facilities, 

private physicians and dentists, or 

private hospitals and clinics. 

4. Private citizens involved in the 

incident. 

5. Federal, State, local and foreign law 

enforcement agencies. 

6. Private insurance companies. 

[FR Doc. E9–20910 Filed 8–28–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment to System 

of Records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records currently entitled 

‘‘Non-VA Fee Basis Records—VA 

(23VA163), as set forth in 67 FR 61205– 

61209, September 27, 2002. VA is 

amending the system by revising the 

paragraphs for System Number, System 

Location, Categories of Individuals 

Covered by the System, Categories of 

Records in the System, Authority for 

Maintenance of the System; Purpose(s), 

Routine Uses or Records Maintained in 

the System, Including Categories of 

Users and the Purposes of Such Uses, 

System Manager(s) and Address; and, 

Record Source Categories. VA is 

republishing the system notice in its 

entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than September 30, 2009. If no 

public comment is received, the 

amended system will become effective 

September 30, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420; telephone (704) 

245–2492. 

SUPPLEMENTARY INFORMATION: VA is 

renumbering the system of records from 

23VA163 to 23VA16 to reflect 

organizational changes in the 

Department. The system location has 

been redescribed to include records that 

will be maintained at the VA Health 

Administration Center, Denver, 

Colorado upon processing of electronic 

fee basis claim transactions. A statement 

is added clarifying that electronic 

images of Fee claims may be maintained 

at field facilities and at the VA Financial 

Service Center, Austin, Texas. Reference 

to Veterans Benefits Administration 

(VBA) Regional Directors and Division 

Offices has been deleted as a system 

location site as no information from this 

system of records is maintained at those 

offices. 

The Categories of Individuals Covered 

by the System has been amended to 

update legal citations. The authority for 

maintenance of the system has been 

amended to provide updated references. 

The Categories of Records in the 

System was amended to further explain 

the personal information contained in 

the system. Additional information was 

added to explain claim data information 

necessary to properly consider claims 

for payment, correspondence 

concerning individuals and documents 

pertaining to claims for medical 

services, reasons for denial of payment 

and appellate determinations. 

The Purpose has been updated to 

reflect VA’s reasons for maintaining this 

system of records, including 

establishing and monitoring of 

eligibility for and payment of non-VA 

health care services. 

Policies and practices for storing, 

retrieving, accessing, retaining, and 

disposing of records in the system has 

been amended by removing specific 

references to automated system 

nomenclature and deleting references to 

Veterans Benefit Administration offices. 

Additional statements were added to 

describe the records stored at the Health 

Administration Center, ways to retrieve 

the information at the Allocation 

Resource Center, and to provide notice 

that paper documents may be destroyed 

following imaging. The organizational 

name for Regional Directors and 

Division Offices has been updated to 

reflect its current title, Veterans 

Integrated Service Networks. 

The system manager(s) and address 

has been updated to reflect the correct 

title for the official responsible for 

policies and procedures and the new 

address for the location of the national 

fee office. The Record Source Categories 

has been revised to identify the name of 

each Federal agency that is a source of 

information to the record system and 

removing reference to their Privacy Act 

system of records as the source. 

Routine Uses of Records Maintained 

in the System, including Categories of 

Users and the Purposes of Such Uses 

has been amended. The introductory 

paragraph was reworded to indicate 

compliance with the Health Insurance 

Portability and Accountability Act 

requirements and VA’s statutory 

requirements governing confidentiality 

of certain medical records. 

Routine use one (1) has been amended 

by deleting the provision to release 

information to foreign government 

agencies. Routine uses four (4) and five 

(5) have been consolidated and 

amended with the addition of disclosing 

information to the Department of the 

Treasury for the purpose of debt 

collection. Routine uses 6 through 12 

have been renumbered as routine uses 5 

to 11. Renumbered routine use 9 has 

been amended to allow VA to disclose 

to the billing or collection agents of nonVA health care providers for payment 

purposes. Routine use thirteen (13) has 

been renumbered as routine use twelve 

(12) and amended to permit disclosure 

of payment information to any other 

Federal agency for the purpose of 

identifying and collecting duplicate 

payments potentially made for the same 

services. Routine use fourteen (14) has 

been renumbered as routine use thirteen 

(13). 

New routine use statements 14 

through 29 have been added to permit 

disclosure of information to Federal 

agencies and other parties for the 

described purposes: 

• Routine use fourteen (14) authorizes 

disclosure of information to attorneys, 

insurance companies, employers, 

boards, or commissions when needed to 

aid VA in the preparation, presentation, 

and prosecution of claims authorized 

under law and regulation. This routine 

use is necessary in order for VA to 


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properly assert its rights to prosecute 

and defend legal actions, in which VA 

is a party, and to realize any asset, right, 

and benefit that VA is entitled by law 

and regulation. 

• Routine use fifteen (15) permits 

disclosure of information to Department 

of Justice to aid the United States in the 

preparation, presentation, and 

prosecution or defense of claims and 

actions involving the United States. 

This routine use is necessary in order 

for the government of the United States 

to properly assert its rights to prosecute 

and defend legal actions, in which it is 

named a party, and to realize any asset, 

right, and benefit so entitled or assigned 

by law and regulation. This routine use 

would not constitute authority to 

disclose records in response to a court 

order under the Privacy Act subsection 

(b)(11), 5 U.S.C. § 552 (b)(11), or any 

other provision of the Privacy Act 

subsection (b), pursuant to the court’s 

analysis in Doe v. DiGenova, 779 F.2d 

74, 78–84 (D.C. Cir. 1985) and Doe v. 

Stephens, 851 F.2d 1457, 1465–67 (D.C. 

Cir. 1988). 

• Routine use sixteen (16) allows 

disclosure of information in connection 

with any proceeding for the collection 

of a debt owed by an individual by 

virtue of his or her participation in a 

benefits program administered by VA. 

As required by 38 U.S.C. 5701(b)(6) the 

disclosure may be made for the purpose 

of collecting the debt, and to initiate 

legal action to prosecute any individual 

who willfully and fraudulently obtained 

VA benefits. This routine use is needed 

for VA to collect debts owed the United 

States. 

• Routine use seventeen (17) allows 

disclosure of the name and address, and 

other information needed for personal 

identification, to a consumer-reporting 

agency, about an individual who has 

been administratively determined to be 

indebted to the United States by virtue 

of participating in a benefits program 

administered by VA. The purpose for 

VA making this disclosure is to locate 

the individual, to obtain a credit report 

to assess the individual’s ability to pay 

the debt, and to assist in the collection 

of the debt. This routine use is needed 

for VA to collect debts owed the United 

States by virtue of a person’s 

participation in a benefits program 

administered by VA. Any disclosure 

made under this routine use must 

comply with the provisions of 38 U.S.C. 

5701(g)(2) and 38 U.S.C. 5701(g)(4). 

• Routine use eighteen (18) permits 

VA to disclose to anyone upon request 

the amount of any VA payment received 

by a named individual. This routine use 

is needed by VA to comply with the 

provision of 38 U.S.C. 5701(c)(1). 

• Routine use nineteen (19) 

authorizes the disclosure of the name 

and address of an individual to another 

Federal agency upon request for the 

purpose of their conducting government 

research to accomplish a statutory 

purpose of the agency. As permitted by 

statute certain Federal agencies, such as 

the Centers for Disease Control and 

Prevention, conduct research studies for 

the purpose of understanding and 

improving public health, safety, etc. 

This routine use is necessary in order 

for VA to respond to a request for the 

name and address of veterans or 

beneficiaries as potential research 

participants in the conduct of approved 

research studies. 

• Routine use twenty (20) allows VA 

to disclose information relevant to a 

claim filed on behalf of a veteran or 

beneficiary to the individual’s 

designated service organization, agent or 

attorney for the purpose of assisting the 

claimant in the preparation, 

presentation, and prosecution of his or 

her claim under the laws administered 

by VA. 

• Routine use twenty-one (21) 

permits VA to disclose information to 

an individual’s appointed Federal 

fiduciary or to the individual’s guardian 

ad litem that they need to fulfill their 

appointed duties. This routine use is 

needed by VA to assist those veterans 

and beneficiaries properly determined 

unable to handle their own affairs. 

• Routine use twenty-two (22) is 

needed by VA to report the amount of 

an individual’s indebtedness waived 

under 38 U.S.C. 3102, the amount of 

indebtedness compromised under 4 CFR 

Part 103, otherwise forgiven, or 

uncollectible due to expiration of the 

applicable statute of limitations to 

Department of Treasury as gross income 

for tax purposes as defined by 26 U.S.C. 

61(a)(12). 

• Routine use twenty-three (23) 

authorizes VA to disclose to Department 

of Treasury information concerning an 

individual’s uncollected indebtedness 

by virtue of his or her participation in 

a benefits program administered by VA 

for the purpose of collecting the debt by 

set off of the individual’s Federal 

income tax refund. This routine use is 

necessary for VA to maximize collection 

of monies owed to the United States. 

• Routine use twenty-four (24) 

authorizes the disclosure of the name, 

date of birth, and social security number 

for an individual applying for, or who 

is in receipt of VA benefits, to the Social 

Security Administration (SSA) for 

validation purposes, as VA benefit, 

payment, and indebtedness records are 

indexed using the individual’s social 

security number. Verification of the 

individual’s social security number 

ensures proper and accurate accounting 

and reporting practices. The verification 

of social security numbers may be 

accomplished with SSA by computer 

matching. 

• Routine use twenty-five (25) 

permits VA, in response to an inquiry 

from a member of the general public, to 

disclose the name and address of any 

health care provider who received VA 

payment for healthcare services 

furnished to a veteran or beneficiary. 

The purpose of this disclosure is to 

assist veterans and others who have 

difficulty in finding a healthcare 

provider in their community who 

accepts VA payment for healthcare 

services. 

• Routine use twenty-six (26) permits 

disclosure of relevant information by 

VA to an accredited Quality Review and 

Peer Review organization for the 

purpose of reviewing claims or other 

review activities associated with VA 

healthcare facility accreditation to 

professionally accepted standards. VA 

seeks certification by accredited 

reviewer organizations, such as The 

Joint Commission, Utilization Review 

Accreditation Commission (URAC) etc., 

to ensure compliance with accepted 

industry quality standards. 

Accreditation improves the quality of 

VA services delivered to veterans and 

beneficiaries. 

• Routine use twenty-seven (27) 

permits disclosure of eligibility and 

claim information to a health care 

provider regarding eligibility, 

authorization, billing and payment for 

needed medical services. The purpose 

of making these disclosures is to assist 

the healthcare provider in obtaining 

reimbursement for claimed medical 

services, to facilitate billing processes, 

verify eligibility for requested 

healthcare services, and provide 

payment information for claimed 

services. 

• Routine use twenty-eight (28) has 

been added to allow VA to conduct 

computer matching activities with other 

Federal agencies where necessary to 

assist VA in determining or verifying 

eligibility for certain benefits. 

• Routine use twenty-nine (29) 

permits disclosure to third party payers 

or their contractors for purposes relating 

to payment, including audit of payment 

and claims management processes. 

• Routine use thirty (30) permits 

disclosures by the Department to report 

a suspected incident of identity theft 

and provide information and/or 

documentation related to or in support 

of the reported incident. 

• Routine use thirty-one (31) permits 

disclosures by the Department to 


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respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

The Report of Intent to Amend a 

System on Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: August 14, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

23VA16 

SYSTEM NAME: 

‘‘Non-VA Fee Basis Records-VA.’’ 

SYSTEM LOCATION: 

Paper and electronic records, 

including electronic images of fee 

claims are maintained at the authorizing 

VA healthcare facility and Federal 

record centers. Electronic images of fee 

claims processed as certified payments 

are retained at the VA Financial Service 

Center (FSC) & Austin Information 

Technology Center (AITC), Austin, 

Texas. Information is also stored in 

automated storage media records that 

are maintained at the authorizing VA 

healthcare facility; VA Health 

Administration Center (HAC), Denver, 

Colorado; Department of Veterans 

Affairs Headquarters, Washington, DC; 

VA Allocation Resource Center (ARC), 

Braintree, Massachusetts; VA Office of 

Information Field Offices (OIFOs); and 

FSC & AITC. Address locations for VA 

facilities are listed in VA Appendix 1 of 

the biennial Privacy Act Issuances 

publication. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

1. Veterans who seek healthcare 

services under 38 U.S.C. Chapter 17. 

2. Beneficiaries of other Federal 

agencies authorized VA medical 

services. 

3. Pensioned members of allied forces 

seeking healthcare services under 38 

U.S.C. 109. 

4. Healthcare providers treating 

individuals who receive care under 38 

U.S.C. Chapters 1 and 17. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records maintained in this system 

include application, eligibility, and 

claim information regarding payment 

determination for medical services 

provided to VA beneficiaries by non-VA 

healthcare institutions and providers. 

Application and eligibility data may 

include personal information of the 

claimant (e.g., name, address, social 

security number, date of birth, date of 

death, VA claim number, other health 

insurance data), description of VA 

adjudicated compensable or noncompensable medical conditions, and 

military service data (e.g., dates, branch 

and character of service, medical 

information). Claim data in this system 

may include information needed to 

properly consider claims for payment 

such as a description of the medical 

conditions treated and services 

provided, authorization and treatment 

dates, amounts claimed for healthcare 

services, medical records including 

films, and payment information (e.g., 

invoice number, account number, date 

of payment, payment amount, check 

number, payee identifiers). Additional 

information may include the healthcare 

provider’s name, address, and taxpayer 

identification number, correspondence 

concerning individuals and documents 

pertaining to claims for medical 

services, reasons for denial of payment, 

and appellate determinations. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 5, United States Code, section 

301 and Title 38, United States Code, 

sections 109, 111, 501, 1703, 1705, 

1710, 1712, 1717, 1720, 1721, 1724, 

1725, 1727, 1728, and 7105. 

PURPOSE(S): 

Records may be used to establish, 

determine, and monitor eligibility to 

receive VA benefits and for authorizing 

and paying Non-VA healthcare services 

furnished to veterans and beneficiaries. 

Other uses of this information include 

reporting healthcare provider earnings 

to the Internal Revenue Service; 

preparing responses to inquiries; 

performing statistical analyses for use in 

managerial activities, resource 

allocation and planning; processing and 

adjudicating administrative benefit 

claims by VBA Regional Office (RO) 

staff; conducting audits, reviews and 

investigations by staff of the VA 

healthcare facility, Veterans Integrated 

Service Network (VISN) Offices, VA 

Headquarters, and the VA Office of 

Inspector General (OIG); in the conduct 

of law enforcement investigations; and 

in the performance of quality assurance 

audits, reviews and investigations. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

To the extent that records contained 

in the system include information 

protected by 45 CFR Parts 160 and 164, 

i.e., individually identifiable health 

information, and 38 U.S.C. 7332, i.e., 

medical treatment information related to 

drug abuse, alcoholism or alcohol abuse, 

sickle cell anemia or infection with the 

human immunodeficiency virus, that 

information cannot be disclosed under a 

routine use unless there is also specific 

statutory authority in 38 U.S.C. 7332 

and regulatory authority in 45 CFR Parts 

160 and 164 permitting disclosure. 

1. VA may disclose on its own 

initiative any information in this 

system, except the names and home 

addresses of veterans and their 

beneficiaries, which is relevant to a 

suspected or reasonably imminent 

violation of law, whether civil, criminal 

or regulatory in nature, and whether 

arising by general or program statute or 

by regulation, rule or order issued 

pursuant thereto, to a Federal, State, 

local, Tribal agency charged with the 

responsibility of investigating or 

prosecuting such violation, or charged 

with enforcing or implementing the 

statute, regulation, rule or order. VA 

may disclose on its own initiative the 

names and addresses of veterans and 

their beneficiaries to a Federal agency 

charged with the responsibility of 

investigating or prosecuting civil, 

criminal or regulatory violations of law, 

or charged with enforcing or 

implementing the statute, regulation, 

rule or order issued pursuant thereto. 

2. A record from this system of 

records may be disclosed to a Federal, 

State, or local government agency, 

maintaining civil, criminal or other 

relevant information, such as current 

licenses, registration or certification, if 

necessary to obtain information relevant 

to an agency decision concerning the 

hiring or retention of an employee, the 

use of an individual as a consultant, 

attending or to provide fee basis health 

care, the issuance of a security 

clearance, the letting of a contract, or 

the issuance of a license, grant, or other 

health, educational or welfare benefits. 

Any information in this system also may 

be disclosed to any of the above-listed 

governmental organizations as part of a 

series of ongoing computer matches to 

determine if VA healthcare practitioners 

and private practitioners used by the VA 

hold current, unrestricted licenses, or 

are currently registered in a State, and 

are board certified in their specialty, if 

any. 

3. VA may disclose information from 

this system of records to a Federal 

agency or the District of Columbia 

government, in response to its request, 

in connection with the hiring or 

retention of an employee and the 

issuance of a security clearance as 


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required by law, the reporting of an 

investigation of an employee, the 

issuance of a license, grant, or other 

benefit by the requesting agency, to the 

extent that the information is relevant 

and necessary to the requesting agency’s 

decision. 

4. Information from this system of 

records may be disclosed to the 

Department of the Treasury to facilitate 

VA payment to physicians, clinics, and 

pharmacies for reimbursement of 

services rendered, to facilitate payments 

to veterans for reimbursements of 

authorized expenses, or to collect, by set 

off or otherwise, debts owed the United 

States. 

5. Disclosure may be made 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. 

6. Disclosure may be made to National 

Archives and Records Administration 

(NARA), and General Services 

Administration (GSA) in records 

management inspections conducted 

under authority of 44 United States 

Code. 

7. Records from this system of records 

may be disclosed to a Federal agency or 

to a State or local government licensing 

board and/or to the Federation of State 

Medical Boards or a similar nongovernment entity which maintains 

records concerning individuals’ 

employment histories or concerning the 

issuance, retention or revocation of 

licenses, certifications, or registration 

necessary to practice an occupation, 

profession or specialty, in order for the 

agency to obtain information relevant to 

an agency decision concerning the 

hiring, retention or termination of an 

employee or to inform a Federal agency 

or licensing boards or the appropriate 

non-government entities about the 

healthcare practices of a terminated, 

resigned or retired healthcare employee 

whose professional healthcare activity 

so significantly failed to conform to 

generally accepted standards of 

professional medical practice as to raise 

reasonable concern for the health and 

safety of patients in the private sector or 

from another Federal agency. These 

records may also be disclosed as part of 

an ongoing computer-matching program 

to accomplish these purposes. 

8. Identifying information in this 

system, including name, address, social 

security number, and other information 

as is reasonably necessary to identify 

such individual, may be disclosed to the 

National Practitioner Data Bank at the 

time of hiring and/or clinical privileging 

of healthcare practitioners, and other 

times as deemed necessary by VA, in 

order for VA to obtain information 

relevant to a Department decision 

concerning the hiring, privileging, 

retention or termination of the applicant 

or employee. 

9. Relevant information from this 

system of records may be disclosed to 

the National Practitioner Data Bank and/ 

or State Licensing Board in the State(s) 

in which a practitioner is licensed, in 

which the VA facility is located, and/or 

in which an act or omission occurred 

upon which a medical malpractice 

claim was based when VA reports 

information concerning: (a) Any 

payment for the benefit of a physician, 

dentist, or other licensed healthcare 

practitioner which was made as the 

result of a settlement or judgment of a 

claim of medical malpractice if an 

appropriate determination is made in 

accordance with agency policy that 

payment was related to substandard 

care, professional incompetence or 

professional misconduct on the part of 

the individual; (b) a final decision 

which relates to possible incompetence 

or improper professional conduct that 

adversely affects the clinical privileges 

of a physician or dentist for a period 

longer than 30 days; or (c) the 

acceptance of the surrender of clinical 

privileges or any restriction of such 

privileges by a physician or dentist 

either while under investigation by the 

healthcare entity relating to possible 

incompetence or improper professional 

conduct, or in return for not conducting 

such an investigation or proceeding. 

These records may also be disclosed as 

part of a computer-matching program to 

accomplish these purposes. 

10. Relevant identifying and medical 

treatment information (excluding 

medical treatment information related to 

drug or alcohol abuse, infection with the 

human immunodeficiency virus or 

sickle cell anemia) may be disclosed to 

a Federal agency or non-VA healthcare 

provider or institution, including their 

billing or collection agent, when VA 

refers a patient for treatment or medical 

services, or authorizes a patient to 

obtain non-VA medical services and the 

information is needed by the Federal 

agency or non-VA institution or 

provider to perform the services, or for 

VA to obtain sufficient information in 

order to consider or make payment for 

health care services, to evaluate the 

services rendered, or to determine the 

need for additional services. 

11. Information maintained in this 

system concerning non-VA healthcare 

institutions and providers, including 

name, address, social security or 

employer’s taxpayer identification 

numbers, may be disclosed to the 

Department of the Treasury, Internal 

Revenue Service, to report calendar year 

earnings of $600 or more for income tax 

reporting purposes. 

12. The name, date of birth and social 

security number of a veteran or 

beneficiary, and any other identifying 

and claim information as is reasonably 

necessary, such as provider 

identification, description of services 

furnished, and VA payment amount, 

may be disclosed to another Federal 

agency for its use in identifying 

potential duplicate payments for 

healthcare services paid by Department 

of Veteran Affairs and that agency. This 

information may also be disclosed as 

part of a computer matching agreement 

to accomplish this purpose. 

13. Relevant information from this 

system of records may be disclosed to 

individuals, organizations, or private or 

public agencies, with whom VA has a 

contract or agreement to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

14. Any relevant information in this 

system of records may be disclosed to 

attorneys, insurance companies, 

employers, and courts, boards, or 

commissions; such disclosures may be 

made only to the extent necessary to aid 

VA in the preparation, presentation, and 

prosecution of claims authorized under 

Federal, State, or local laws, and 

regulations promulgated thereunder. 

15. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

16. Any information in this system 

may be disclosed in connection with 

any proceeding for the collection of an 

amount owned to the United States by 

virtue of a person’s participation in any 

benefit program administered by the 

Veterans Health Administration when 


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in the judgment of the Secretary, or an 

official generally delegated such 

authority under standard agency 

delegation of authority rules (38 CFR 

2.6), such disclosure is deemed 

necessary and proper, in accordance 

with 38 U.S.C. 5701(b)(6). 

17. The name and address of a veteran 

or beneficiary, and other information as 

is reasonably necessary to identify such 

individual, including personal 

information obtained from other Federal 

agencies through computer matching 

programs, and any information 

concerning the individual’s 

indebtedness to the United States by 

virtue of the individual’s participation 

in a benefits program administered by 

VA, may be disclosed to a consumer 

reporting agency for the purpose of 

locating the individual, obtaining a 

consumer report to determine the ability 

of the individual to repay an 

indebtedness, or assisting in the 

collection of such indebtedness 

provided that the applicable 

requirements of 38 U.S.C. 5701(g)(2) and 

38 U.S.C. 5701(g)(4) have been met. 

18. In response to an inquiry about a 

named individual from a member of the 

general public, information from this 

system may be disclosed to report the 

amount of VA monetary benefits being 

received by the individual. This 

disclosure is consistent with 38 U.S.C. 

5701(c)(1). 

19. VA may disclose information from 

this system to a Federal agency for the 

purpose of conducting research and data 

analysis to perform a statutory purpose 

of that Federal agency upon the prior 

written request of that agency, provided 

that there is legal authority under all 

applicable confidentiality statutes and 

regulations to provide the data and VA 

has determined prior to the disclosure 

that the VA data handling requirements 

are satisfied. 

20. Any information in this system of 

records relevant to a claim of a veteran 

or beneficiary, such as the name, 

address, the basis and nature of a claim, 

amount of benefit payment information, 

medical information and military 

service and active duty separation 

information may be disclosed to 

accredited service organizations, VA 

approved claim agents and attorneys 

acting under a declaration of 

representation, so that these individuals 

can aid claimants in the preparation, 

presentation and prosecution of claims 

under the laws administered by VA. The 

name and address of a claimant will not, 

however, be disclosed to these 

individuals under this routine use if the 

claimant has not requested the 

assistance of an accredited service 

organization, claims agent or an 

attorney. 

21. Any information in this system, 

including medical information, the basis 

and nature of claim, the amount of 

benefits, and other personal information 

may be disclosed to a VA Federal 

fiduciary or a guardian ad litem in 

relation to his or her representation of 

a claimant, but only to the extent 

necessary to fulfill the duties of the VA 

Federal fiduciary or the guardian ad 

litem. 

22. The individual’s name, address, 

social security number and the amount 

(excluding interest) of any indebtedness 

which is waived under 38 U.S.C. 3102, 

compromised under 4 CFR Part 103, 

otherwise forgiven, or for which the 

applicable statute of limitations for 

enforcing collection has expired, may be 

disclosed to the Department of the 

Treasury, Internal Revenue Service, as a 

report of income under 26 U.S.C. 

61(a)(12). 

23. The name of a veteran or 

beneficiary, other information as is 

reasonably necessary to identify such 

individual, and any other information 

concerning the individual’s 

indebtedness by virtue of a person’s 

participation in a benefits program 

administered by VA, may be disclosed 

to the Department of the Treasury, 

Internal Revenue Service, for the 

collection of Title 38 benefit 

overpayments, overdue indebtedness, 

and/or costs of services provided to an 

individual not entitled to such services, 

by the withholding of all or a portion of 

the person’s Federal income tax refund. 

24. The name, date of birth, and social 

security number of a veteran or 

beneficiary, and other identifying 

information as is reasonably necessary 

may be disclosed to Social Security 

Administration for the purpose of 

validating social security numbers. This 

information may also be disclosed as 

part of a computer matching agreement 

to accomplish this purpose. 

25. The name and address of any 

healthcare provider in this system of 

records who has received payment for 

claimed services in behalf of a veteran 

or beneficiary may be disclosed in 

response to an inquiry from a member 

of the general public. 

26. Relevant information from this 

system of records may be disclosed to 

an accrediting Quality Review and Peer 

Review Organization with which VA 

has an agreement or contract to conduct 

such reviews in connection with the 

review of claims or other review 

activities associated with VA healthcare 

facility accreditation to professionally 

accepted standards, such as The Joint 

Commission or Utilization Review 

Accreditation Commission (URAC) or 

American Accreditation HealthCare 

Commission. 

27. Eligibility and claim information 

from this system of records may be 

disclosed verbally or to a healthcare 

provider seeking reimbursement for 

claimed medical services to facilitate 

billing processes, verify eligibility for 

requested healthcare services, and 

provide payment information for 

claimed services. Eligibility or 

entitlement information disclosed may 

include the name, social security 

number, effective dates of eligibility, 

reasons for any period of ineligibility, 

and evidence of other health insurance 

information of the named individual. 

Claim information disclosed may 

include payment information such as 

payment identification number, date of 

payment, date of service, amount billed, 

amount paid, name of payee, and 

reasons for non-payment. 

28. Identifying information, including 

social security number of veterans, 

spouse(s) of veterans, and dependents of 

veterans, may be disclosed to other 

Federal agencies for purposes of 

conducting computer matches, to obtain 

information to determine or verify 

eligibility of veterans who are receiving 

VA medical care under relevant sections 

of Title 38 U.S.C. 

29. VA may disclose patient 

identifying information to Federal 

agencies and VA and government-wide 

third-party insurers responsible for 

payment of the cost of medical care for 

the identified patients, in order for VA 

to seek recovery of the medical care 

costs. These records may also be 

disclosed as part of a computer 

matching program to accomplish this 

purpose. 

30. Disclosure to other Federal 

agencies may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

31. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the potentially 


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44910 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 

compromised information; and (3) the 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on paper 

documents or stored electronically by 

magnetic discs, magnetic tape, and 

optical or digital imaging at the 

authorizing VA healthcare facility. 

Reports and information on automated 

storage media (e.g., microfilm, 

microfiche, magnetic tape and disks, 

and digital and laser optical media) is 

stored at the authorizing VA healthcare 

facility, VA Headquarters, ARC, OIFOs, 

FSC & AITC and Veterans Integrated 

Service Network (VISN) offices. 

Information pertaining to electronic 

claims submitted to VA for payment 

consideration may be stored at the 

authorizing VA healthcare facility and 

at HAC. Records maintained at HAC are 

stored electronically. 

RETRIEVABILITY: 

Paper and electronic records 

pertaining to the individual may be 

retrieved by the name or Ssocial 

Security number of the record subject. 

Records pertaining to the healthcare 

provider are retrieved by the name or 

Social Security and taxpayer 

identification number of the non-VA 

healthcare institution or provider. 

Records at the ARC are retrieved only by 

Social Security number. 

SAFEGUARDS: 

1. VA will maintain the data in 

compliance with applicable VA security 

policy directives that specify the 

standards that will be applied to protect 

sensitive personal information. 

Contractors and their subcontractors 

who access the data are required to 

maintain the same level of security as 

VA staff. Working spaces and record 

storage areas in VA facilities are 

restricted to VA employees. Generally, 

file areas are locked after normal duty 

hours and healthcare facilities are 

protected from outside access by 

security personnel. Access to the 

records is restricted to VA employees 

who have a need for the information in 

the performance of their official duties. 

Employee records or records of public 

figures or otherwise sensitive records 

are generally stored in separate locked 

files. 

2. Electronic data security complies 

with applicable Federal Information 

Processing Standards (FIPS) issued by 

the National Institute of Standards and 

Technology (NIST). Access to computer 

rooms at healthcare facilities is 

generally limited by appropriate locking 

devices and restricted to authorized VA 

employees and vendor personnel. 

Peripheral devices are generally placed 

in secure areas (areas that are locked or 

have limited access) or are otherwise 

protected. Access to file information is 

controlled at two levels: the system 

recognizes authorized employees by a 

series of individually unique 

passwords/codes that must be changed 

periodically by the employee, and 

employees are limited by role-based 

access to only that information in the 

file which is needed in the performance 

of their official duties. Information that 

is downloaded and maintained on 

personal computers is afforded similar 

storage and access protections as the 

data that is maintained in the original 

files. Remote access to file information 

by staff of the OIFOs, and access by OIG 

staff conducting an audit or 

investigation at the healthcare facility or 

an OIG office location remote from the 

healthcare facility is controlled in the 

same manner. 

3. Access to FSC and AITC is 

generally restricted to Center 

employees, custodial personnel and 

security personnel. Access to computer 

rooms is restricted to authorized 

operational personnel through 

electronic locking devices. All other 

persons gaining access to computer 

rooms are escorted. Authorized VA 

employees at remote locations, 

including VA healthcare facilities, 

OIFOs, VA Headquarters, VISN offices, 

and OIG headquarters and field staff, 

may access information stored in the 

computer. Access is controlled by 

individually unique passwords/codes 

that must be changed periodically by 

the employee. 

4. Access to records maintained at VA 

Headquarters, ARC, OIFOs, and VISN 

offices is restricted to VA employees 

who have a need for the information in 

the performance of their official duties. 

Access to information stored on 

automated storage media is controlled 

by individually unique passwords/ 

codes that must be changed periodically 

by the employee. Authorized VA 

employees at remote locations including 

VA healthcare facilities may access 

information stored in the computer. 

Access is controlled by individually 

unique passwords/codes. Records are 

maintained in manned rooms during 

nonworking hours. The facilities are 

protected from outside access during 

working hours by security personnel. 

5. Information downloaded and 

maintained by the OIG Headquarters 

and field offices on automated storage 

media is secured in storage areas or 

facilities to which only OIG staff 

members have access. Paper documents 

are similarly secured. Access to paper 

documents and information on 

automated storage media is limited to 

OIG employees who have a need for the 

information in the performance of their 

official duties. Access to information 

stored on automated storage media is 

controlled by individually unique 

passwords/codes. 

6. Access to records maintained at 

HAC Office of Information and 

Technology (OI&T) is restricted to VA 

employees who have a need for the 

information in the performance of their 

official duties. Access to information 

stored on automated storage media is 

controlled by individually unique 

passwords/codes that must be changed 

periodically by the employee. 

Authorized VA employees at remote 

locations including VA healthcare 

facilities may access and print 

information stored in the computer. 

Access is controlled by individually 

assigned unique passwords/codes. 

Records are maintained in a secured, 

pass card protected and alarmed room. 

The facilities are protected from outside 

access during non-working hours by 

security personnel. 

RETENTION AND DISPOSAL: 

Paper and electronic documents at the 

authorizing healthcare facility related to 

authorizing the fee basis care and the 

services authorized, billed and paid for 

are maintained in ‘‘Patient Medical 

Records—VA’’ (24VA19). These records 

are retained at healthcare facilities for a 

minimum of three years after the last 

episode of care. After the third year of 

inactivity the paper records are 

transferred to a records facility for 

seventy-two (72) more years of storage. 

Automated storage media, imaged fee 

claims, and other paper documents that 

are included in this system of records 

and not maintained in ‘‘Patient Medical 

Records—VA’’ (24VA19) are retained 

and disposed of in accordance with 

disposition authority approved by the 

Archivist of the United States. 

Paper records that are imaged for 

viewing electronically are destroyed 

after they have been scanned, and the 


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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 44911 

electronic copy determined to be an 

accurate and complete copy of the paper 

record imaged. 

SYSTEM MANAGER(S) AND ADDRESS: 

Official responsible for policies and 

procedures: Chief Business Officer (16), 

Department of Veterans Affairs, 

Veterans Health Administration, VA 

Central Office, 810 Vermont Avenue, 

NW., Washington, DC 20420. Official 

Maintaining the System: Director, 

National Fee Program Office, VHA Chief 

Business Office, P.O. Box 469066, 

Denver, CO 80246. 

NOTIFICATION PROCEDURE: 

An individual who wishes to 

determine whether a record is being 

maintained in this system under the 

individual’s name or other personal 

identifier, or who wants to determine 

the contents of such record, should 

submit a written request or apply in 

person to the last VA healthcare facility 

where care was authorized or rendered. 

Addresses of VA healthcare facilities 

may be found in VA Appendix 1 of the 

Biennial Publication of Privacy Act 

Issuances. All inquiries must reasonably 

identify the portion of the fee basis 

record involved and the place and 

approximate date that medical care was 

provided. Inquiries should include the 

patient’s full name, social security 

number, and return address. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information 

regarding access to and contesting of VA 

fee basis records may write, call or visit 

the VA facility where medical care was 

last authorized or provided. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

The veteran or other VA beneficiary, 

family members or accredited 

representatives, and other third parties; 

military service departments; private 

medical facilities and healthcare 

professionals; electronic trading 

partners; other Federal agencies; 

Veterans Health Administration 

facilities and automated systems; 

Veterans Benefits Administration 

facilities and automated systems; and 

deployment status and availability. 

[FR Doc. E9–20911 Filed 8–28–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; Report of 

Matching Program 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of Computer Matching 

Program. 

SUMMARY: Notice is hereby given that 

the Department of Veterans Affairs (VA) 

intends to conduct a recurring computer 

matching program matching Office of 

Personnel Management (OPM), civil 

service payment records with VA 

pension, compensation, and 

dependency and indemnity 

compensation (DIC) records. The goal of 

this match is to identify beneficiaries 

receiving VA income-dependent 

benefits and civil service retirement 

benefits in order to adjust VA incomedependent benefits payment as 

prescribed by law. The match will 

include records of current VA 

beneficiaries. 

DATES: The match will start no sooner 

than 30 days after publication of this 

notice in the Federal Register, or 40 

days after copies of this Notice and the 

agreement of the parties is submitted to 

Congress and the Office of Management 

and Budget, whichever is later, and end 

not more than 18 months after the 

agreement is properly implemented by 

the parties. The involved agencies’ Data 

Integrity Boards (DIB) may extend this 

match for 12 months provided the 

agencies certify to their DIBs, within 

three months of the ending date of the 

original match, that the matching 

program will be conducted without 

change and that the matching program 

has been conducted in compliance with 

the original matching program. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call (202) 461–4902 for an appointment. 

In addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Burd (212B), (202) 461–9149. 

SUPPLEMENTARY INFORMATION: VA will 

use this information to identify 

beneficiaries receiving VA incomedependent benefits and civil service 

retirement benefits in order to adjust VA 

income-dependent benefits payment as 

prescribed by law. The proposed 

matching program will enable VA to 

accurately identify beneficiaries who are 

improperly receiving benefits. 

The legal authority to conduct this 

match is 38 U.S.C. 5106. Section 5106 

requires any Federal department or 

agency to provide VA such information 

as VA requests for the purposes of 

determining eligibility for, or the 

amount of VA benefits, or verifying 

other information with respect thereto. 

The VA records involved in the match 

are the VA system of records, VA 

Compensation, Pension and Education 

and Rehabilitation Records—VA (58 VA 

21/22/28), first published at 41 FR 9294 

(March 3, 1976), and last amended at 74 

FR 14865 (April 1, 2009), with other 

amendments as cited therein. The OPM 

records consist of information from the 

OPM Civil Service Retirement Pay File 

identified as OPM Central—1, Civil 

Service Retirement and Insurance 

Records, published as 64 FR 54930, 

October 8, 1999, and amended as 65 FR 

25775 (May 3, 2000). 

In accordance with Title 5 U.S.C. 

subsection 552a(o)(2) and (r), copies of 

the agreement are being sent to both 

Houses of Congress and to the Office of 

Management and Budget. This notice is 

provided in accordance with the 

provisions of Privacy Act of 1974 as 

amended by Public Law 100–503. 

Approved: August 14, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

[FR Doc. E9–20917 Filed 8–28–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; Report of 

Matching Program 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of computer matching 

program. 

SUMMARY: Notice is hereby given that 

the Department of Veterans Affairs (VA) 

intends to conduct a recurring 

computer-matching program matching 

Social Security Administration (SSA) 

Master Beneficiary Records (MBRs) with 

VA pension, compensation, and 

dependency and indemnity 

compensation (DIC) records. The goal of 

this match is to identify beneficiaries 

who are receiving VA benefits, and to 


cprice-sewell on DSK2BSOYB1PROD with NOTICES