Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 47045 

the forms, their requests for approval are 

evaluated. There is no cost to 

respondents other than their time to 

participate. 

Estimated Annualized Burden Hours: 

Section name Data type Number of respondents 

Number of responses per 

respondent 

Average burden response 

(in hours) 

Total burden 

hours 

84.11 ................................................. Applications ...................................... 43 8 86 29,584 

84.33 ................................................. Labeling ............................................ 43 8 2 688 

84.35 ................................................. Modifications .................................... 43 8 66 22,704 

84.41 ................................................. Reporting .......................................... 43 8 23 7,912 

84.43 ................................................. Record Keeping ............................... 43 8 46 15,824 

84.257 ............................................... Labeling ............................................ 43 8 3 1,032 

84.1103 ............................................. Labeling ............................................ 43 8 3 1,032 

Total ........................................... ........................................................... ........................ ........................ ........................ 78,776 

Maryam I. Daneshvar, 

Acting Reports Clearance Officer, Centers for 

Disease Control and Prevention. 

[FR Doc. E7–16591 Filed 8–21–07; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

National Institute for Occupational 

Safety and Health (NIOSH) Advisory 

Board on Radiation and Worker Health 

(ABRWH or Advisory Board) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention announces the 

following committee meeting: 

Name: Advisory Board on Radiation and 

Worker Health, National Institute for 

Occupational Safety and Health. 

Audio Conference Call Time and Date: 11 

a.m.–4 p.m., EST, Tuesday, September 4, 

2007. 

Place: Audio Conference Call via FTS 

Conferencing. The USA toll free dial in 

number is 1–866–643–6504 with a pass code 

of 9448550. 

Status: Open to the public, but without a 

public comment period. 

Background: The Advisory Board was 

established under the Energy Employees 

Occupational Illness Compensation Program 

Act of 2000 to advise the President on a 

variety of policy and technical functions 

required to implement and effectively 

manage the new compensation program. Key 

functions of the Advisory Board include 

providing advice on the development of 

probability of causation guidelines which 

have been promulgated by the Department of 

Health and Human Services (HHS) as a final 

rule, advice on methods of dose 

reconstruction which have also been 

promulgated by HHS as a final rule, advice 

on the scientific validity and quality of dose 

estimation and reconstruction efforts being 

performed for purposes of the compensation 

program, and advice on petitions to add 

classes of workers to the Special Exposure 

Cohort (SEC). 

In December 2000, the President delegated 

responsibility for funding, staffing, and 

operating the Advisory Board to HHS, which 

subsequently delegated this authority to the 

CDC. NIOSH implements this responsibility 

for CDC. The charter was issued on August 

3, 2001, renewed at appropriate intervals, 

most recently, August 3, 2007, and will 

expire on August 3, 2009. 

Purpose: This Advisory Board is charged 

with (a) providing advice to the Secretary, 

HHS, on the development of guidelines 

under Executive Order 13179; (b) providing 

advice to the Secretary, HHS, on the 

scientific validity and quality of dose 

reconstruction efforts performed for this 

program; and (c) upon request by the 

Secretary, HHS, advising the Secretary on 

whether there is a class of employees at any 

Department of Energy facility who were 

exposed to radiation but for whom it is not 

feasible to estimate their radiation dose, and 

on whether there is reasonable likelihood 

that such radiation doses may have 

endangered the health of members of this 

class. 

Matters To Be Discussed: The agenda for 

the conference call includes: Report of Board 

Member Votes Recorded Since the Last Board 

Meeting; Update on Rocky Flats Follow-Up 

Actions; Update on SC&A Review of TBD 

6000 and General Steel Industries Appendix; 

Report on SC&A Contract Talks for FY08; 

Discussions of Initial Steps for a Board 

Contractor for FY09 and Beyond; Report on 

Privacy Act ‘‘Clearance’’ Procedures; Update 

on Letters to DOE and DOL on Chapman 

Valve; Work Group Updates; Status of and 

Plans for Future Board Activities; and Board 

Working Time. 

The agenda is subject to change as 

priorities dictate. 

Recommended changes to the agenda from 

the Office of General Counsel resulted in the 

Federal Register notice being published less 

that fifteen days before the date of the 

meeting. 

Because there is not a public comment 

period, written comments may be submitted. 

Any written comments received will be 

included in the official record of the meeting 

and should be submitted to the contact 

person below well in advance of the meeting. 

Contact Person for More Information: Dr. 

Lewis V. Wade, Executive Secretary, NIOSH, 

CDC, 4676 Columbia Parkway, Cincinnati, 

OH 45226, Telephone 513.533.6825, Fax 

513.533.6826. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both CDC and the Agency for Toxic 

Substances and Disease Registry. 

Dated: August 16, 2007. 

Michael Tropauer, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention. 

[FR Doc. E7–16557 Filed 8–21–07; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers For Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a 

Modified System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Center for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of a Modified System of 

Records (SOR). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

we propose to modify an existing 

system titled, ‘‘National Emphysema 

Treatment Trial (NETT), System No. 09–

70–0531,’’ established at 65 Federal 

Register 47995 (August 4, 2000). We 

propose to modify existing routine use 

number 1 that permits disclosure to 

agency contractors and consultants to 

include disclosure to CMS grantees who 

perform a task for the agency. CMS 

grantees, charged with completing 


jlentini on PROD1PC65 with NOTICES
47046 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 

projects or activities that require CMS 

data to carry out that activity, are 

classified separate from CMS 

contractors and/or consultants. The 

modified routine use will remain as 

routine use number 1. We will delete 

routine use number 4 authorizing 

disclosure to support constituent 

requests made to a congressional 

representative. If an authorization for 

the disclosure has been obtained from 

the data subject, then no routine use is 

needed. The Privacy Act allows for 

disclosures with the ‘‘prior written 

consent’’ of the data subject. 

We will broaden the scope of routine 

uses number 5 and 6, authorizing 

disclosures to combat fraud and abuse 

in the Medicare and Medicaid programs 

to include combating ‘‘waste’’ which 

refers to specific beneficiary or recipient 

practices that result in unnecessary cost 

to all federally-funded health benefit 

programs. Additionally, we will 

broaden the scope of this system by 

including the section titled ‘‘Additional 

Circumstances Affecting Routine Use 

Disclosures,’’ that addresses ‘‘Protected 

Health Information (PHI)’’ and ‘‘small 

cell size.’’ The requirement for 

compliance with HHS regulation 

‘‘Standards for Privacy of Individually 

Identifiable Health Information’’ apply 

when ever the system collects or 

maintain PHI. This system may contain 

PHI. In addition, our policy to prohibit 

release if there is a possibility that an 

individual can be identified through 

‘‘small cell size’’ will apply to the data 

disclosed from this system. 

We are modifying the language in the 

remaining routine uses to provide a 

proper explanation as to the need for the 

routine use and to provide clarity to 

CMS’s intention to disclose individualspecific information contained in this 

system. The routine uses will then be 

prioritized and reordered according to 

their usage. We will also take the 

opportunity to update any sections of 

the system that were affected by the 

recent reorganization or because of the 

impact of the Medicare Prescription 

Drug, Improvement, and Modernization 

Act of 2003 (MMA) (Pub. L. 108–173) 

provisions and to update language in 

the administrative sections to 

correspond with language used in other 

CMS SORs. 

The primary purpose of the system of 

records is to collect and maintain data 

that will allow CMS to provide secure 

data on participants in the randomized 

phase of the study, pay claims, and to 

monitor and evaluate the clinical trial. 

Information retrieved from this system 

of records will also be disclosed to: (1) 

Support regulatory, reimbursement and 

policy functions performed within the 

agency or by a contractor, consultant, or 

CMS grantee; (2) assist another Federal 

or state agency to enable such agency to 

administer a Federal health benefits 

program, or to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; (3) support 

research, evaluation, or epidemiological 

projects related to the prevention of 

disease or disability, or the restoration 

or maintenance of health, and for 

payment related projects; (4) support 

litigation involving the agency; and (5) 

combat fraud, waste, and abuse in 

certain health benefits programs. We 

have provided background information 

about the new system in the 

SUPPLEMENTARY INFORMATION section 

below. Although the Privacy Act 

requires only that CMS provide an 

opportunity for interested persons to 

comment on the proposed routine uses, 

CMS invites comments on all portions 

of this notice. See EFFECTIVE DATE

section for comment period. 

EFFECTIVE DATE: CMS filed a modified 

system report with the Chair of the 

House Committee on Government 

Reform and Oversight, the Chair of the 

Senate Committee on Homeland 

Security and Governmental Affairs, and 

the Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on 

August 10, 2007. To ensure that all 

parties have adequate time in which to 

comment, the modified SOR, including 

routine uses, will become effective 40 

days from the publication of the notice, 

or from the date it was submitted to 

OMB and the Congress, whichever is 

later, unless CMS receives comments 

that require alterations to this notice. 

ADDRESSES: The public should address 

comments to: CMS Privacy Officer, 

Division of Privacy Compliance, 

Enterprise Architecture and Strategy 

Group, Office of Information Services, 

CMS, Room N2–04–27, 7500 Security 

Boulevard, Baltimore, Maryland 21244–

1850. Comments received will be 

available for review at this location, by 

appointment, during regular business 

hours, Monday through Friday from 9 

a.m.–3 p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Joanna Baldwin, Health Insurance 

Specialist, Division of Medical and 

Surgical Services, Coverage and 

Analysis Group, Office of Clinical 

Standards and Quality, CMS, Room C1–

10–25, 7500 Security Boulevard, 

Baltimore, Maryland 21244–1850. Her 

telephone number is (410) 786–7205. 

She can be reached by telephone at 410–

786–7205 or e-mail 

Joanna.Baldwin@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Description of the Proposed System of 

Records 

A. Statutory and Regulatory Basis for 

SOR 

The statutory authority for this system 

is given under the provisions of Section 

1862(a) (1) (A) of the Social Security 

Act, and 42 U.S.C. 1395, which states 

that Medicare must provide coverage for 

items and services that are ‘‘reasonable 

and necessary for the diagnosis or 

treatment of illness or injury or to 

improve the functioning of a malformed 

body member.’’

B. Collection and Maintenance of Data 

in the System 

This system will collect and maintain 

individually identifiable and other data 

collected on Medicare beneficiaries and 

providers participating in the study. 

Data will be collected from Medicare 

administrative and claims records, 

patient medical charts, physician 

records, and via survey instruments 

administered to beneficiaries and 

providers. The collected information 

will include, but is not limited to 

Medicare claims and eligibility data, 

name, address, telephone number, 

health insurance claims number, race/ 

ethnicity, gender, date of birth, provider 

name, unique provider identification 

number, medical record number, as well 

as clinical, demographic, health/wellbeing, family and/or caregiver contact 

information, and background 

information relating to Medicare issues. 

II. Agency Policies, Procedures, and 

Restrictions on Routine Uses 

A. The Privacy Act permits us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such disclosure of data is known as 

a ‘‘routine use.’’ The Government will 

only release NETT information that can 

be associated with an individual as 

provided for under ‘‘Section III. 

Proposed Routine Use Disclosures of 

Data in the System.’’ Both identifiable 

and non-identifiable data may be 

disclosed under a routine use. We will 

only collect the minimum personal data 

necessary to achieve the purpose of 

NETT. 

CMS has the following policies and 

procedures concerning disclosures of 

information that will be maintained in 

the system. Disclosure of information 

from the system will be approved only 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 47047 

to the extent necessary to accomplish 

the purpose of the disclosure and only 

after CMS: 

1. Determines that the use or 

disclosure is consistent with the reason 

that the data is being collected; e.g., to 

collect and maintain data that will allow 

CMS to provide secure data on 

participants in the randomized phase of 

the study, pay claims, and to monitor 

and evaluate the clinical trial. 

2. Determines that: 

a. The purpose for which the 

disclosure is to be made can only be 

accomplished if the record is provided 

in individually identifiable form; 

b. The purpose for which the 

disclosure is to be made is of sufficient 

importance to warrant the effect and/or 

risk on the privacy of the individual that 

additional exposure of the record might 

bring; and 

c. There is a strong probability that 

the proposed use of the data would in 

fact accomplish the stated purpose(s). 

3. Requires the information recipient 

to: 

a. Establish administrative, technical, 

and physical safeguards to prevent 

unauthorized use of disclosure of the 

record; 

b. Remove or destroy, at the earliest 

time, all patient-identifiable 

information; and 

c. Agree to not use or disclose the 

information for any purpose other than 

the stated purpose under which the 

information was disclosed. 

4. Determines that the data are valid 

and reliable. 

III. Proposed Routine Use Disclosures 

of Data in the System 

A. The Privacy Act allows us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such compatible use of data is 

known as a ‘‘routine use.’’ The proposed 

routine uses in this system meet the 

compatibility requirement of the Privacy 

Act. We are proposing to establish the 

following routine use disclosures of 

information maintained in the system: 

1. To agency contractors, consultants 

or CMS grantees, who have been 

engaged by the agency to assist in the 

performance of a service related to this 

collection and who need to have access 

to the records in order to perform the 

activity. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contractual or similar agreement 

with a third party to assist in 

accomplishing CMS function relating to 

purposes for this system. 

CMS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. CMS must be able 

to give a contractor, consultant or CMS 

grantees whatever information is 

necessary for the contractor or 

consultant to fulfill its duties. In these 

situations, safeguards are provided in 

the contract prohibiting the contractor, 

consultant or CMS grantees from using 

or disclosing the information for any 

purpose other than that described in the 

contract and requires the contractor, 

consultant or CMS grantees to return or 

destroy all information at the 

completion of the contract. 

2. To another Federal or state agency 

to: 

a. contribute to the accuracy of CMS’s 

proper payment of Medicare benefits; 

b. enable such agency to administer a 

Federal health benefits program, or, as 

necessary, to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; and/or 

c. assist Federal/state Medicaid 

programs within the state. 

Other Federal or state agencies, in 

their administration of a Federal health 

program, may require NETT information 

in order to support evaluations and 

monitoring of Medicare claims 

information of beneficiaries, including 

proper reimbursement for services 

provided. 

3. To an individual or organization for 

a research project or in support of an 

evaluation project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment related projects. 

The NETT data will provide for 

research or support of evaluation 

projects and a broader, longitudinal, 

national perspective of the status of 

Medicare beneficiaries. CMS anticipates 

that many researchers will have 

legitimate requests to use these data in 

projects that could ultimately improve 

the care provided to Medicare 

beneficiaries and the policies that 

govern their care. 

4. To the Department of Justice (DOJ), 

court or adjudicatory body when: 

a. the agency or any component 

thereof, or 

b. any employee of the agency in his 

or her official capacity, or 

c. any employee of the agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. the United States Government, is a 

party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS 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. 

Whenever CMS is involved in 

litigation, and occasionally when 

another party is involved in litigation 

and CMS policies or operations could be 

affected by the outcome of the litigation, 

CMS would be able to disclose 

information to the DOJ, court or 

adjudicatory body involved. 

5. To a CMS contractor (including, but 

not necessarily limited to, fiscal 

intermediaries and carriers) that assists 

in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste, and abuse in such program. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contractual, grantee, cooperative 

agreement or consultant relationship 

with a third party to assist in 

accomplishing CMS functions relating 

to the purpose of combating fraud, 

waste, and abuse. 

CMS occasionally contracts out 

certain of its functions or makes grants 

or cooperative agreements when doing 

so would contribute to effective and 

efficient operations. CMS must be able 

to give a contractor, grantee, consultant 

or other legal agent whatever 

information is necessary for the agent to 

fulfill its duties. In these situations, 

safeguards are provided in the contract 

prohibiting the agent from using or 

disclosing the information for any 

purpose other than that described in the 

contract and requiring the agent to 

return or destroy all information. 

6. To another Federal agency or to 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, a health benefits program 

funded in whole or in part by Federal 

funds, when disclosure is deemed 

reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste, and abuse in such programs. 


jlentini on PROD1PC65 with NOTICES
47048 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 

Other agencies may require NETT 

information for the purpose of 

combating fraud, waste, and abuse in 

such Federally-funded programs. 

B. Additional Provisions Affecting 

Routine Use Disclosures 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR Parts 160 

and 164, Subparts A and E) 65 FR 82462 

(12–28–00). Disclosures of such PHI that 

are otherwise authorized by these 

routine uses may only be made if, and 

as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’ (See 

45 CFR 164–512 (a) (1).) 

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that 

individuals could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

IV. Safeguards 

CMS has safeguards in place for 

authorized users and monitors of such 

users to ensure against unauthorized 

use. Personnel having access to the 

system have been trained in the Privacy 

Act and information security 

requirements. Employees who maintain 

records in this system are instructed not 

to release data until the intended 

recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: The Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: All pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

V. Effects of the Modified System of 

Records on Individual Rights 

CMS proposes to establish this system 

in accordance with the principles and 

requirements of the Privacy Act and will 

collect, use, and disseminate 

information only as prescribed therein. 

Data in this system will be subject to the 

authorized releases in accordance with 

the routine uses identified in this 

system of records. 

CMS will take precautionary 

measures to minimize the risks of 

unauthorized access to the records and 

the potential harm to individual privacy 

or other personal or property rights of 

patients whose data are maintained in 

this system. CMS will collect only that 

information necessary to perform the 

system’s functions. In addition, CMS 

will make disclosure from the proposed 

system only with consent of the subject 

individual, or his/her legal 

representative, or in accordance with an 

applicable exception provision of the 

Privacy Act. CMS, therefore, does not 

anticipate an unfavorable effect on 

individual privacy as a result of 

information relating to individuals. 

Dated: August 7, 2007. 

Charlene Frizzera, 

Chief Operating Officer, Centers for Medicare 

& Medicaid Services. 

SYSTEM NO.: 

09–70–0531. 

SYSTEM NAME: 

‘‘National Emphysema Treatment 

Trial (NETT),’’ HHS/CMS/OCSQ. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive 

Data. 

SYSTEM LOCATION: 

CMS Data Center, 7500 Security 

Boulevard, North Building, First Floor, 

Baltimore, Maryland 21244–1850 and at 

various other contractor locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system will collect and maintain 

individually identifiable and other data 

collected on Medicare beneficiaries and 

providers participating in the study. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Data will be collected from Medicare 

administrative and claims records, 

patient medical charts, physician 

records, and via survey instruments 

administered to beneficiaries and 

providers. The collected information 

will include, but is not limited to 

Medicare claims and eligibility data, 

name, address, telephone number, 

health insurance claims number, race/ 

ethnicity, gender, date of birth, provider 

name, unique provider identification 

number, medical record number, as well 

as clinical, demographic, health/wellbeing, family and/or caregiver contact 

information, and background 

information relating to Medicare issues. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The statutory authority for this system 

is given under the provisions of Section 

1862(a)(1)(A) of the Social Security Act, 

and 42 U.S.C. 1395, which states that 

Medicare must provide coverage for 

items and services that are ‘‘reasonable 

and necessary for the diagnosis or 

treatment of illness or injury or to 

improve the functioning of a malformed 

body member.’’

PURPOSE(S) OF THE SYSTEM: 

The primary purpose of the system of 

records is to collect and maintain data 

that will allow CMS to provide secure 

data on participants in the randomized 

phase of the study, pay claims, and to 

monitor and evaluate the clinical trial. 

Information retrieved from this system 

of records will also be disclosed to: (1) 

Support regulatory, reimbursement and 

policy functions performed within the 

agency or by a contractor, consultant, or 

CMS grantee; (2) assist another Federal 

or state agency to enable such agency to 

administer a Federal health benefits 

program, or to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; (3) support 

research, evaluation, or epidemiological 

projects related to the prevention of 

disease or disability, or the restoration 

or maintenance of health, and for 

payment related projects; (4) support 

litigation involving the agency; and (5) 

combat fraud, waste, and abuse in 

certain health benefits programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OR USERS AND

THE PURPOSES OF SUCH USES: 

A. The Privacy Act allows us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such compatible use of data is 

known as a ‘‘routine use.’’ The proposed 

routine uses in this system meet the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 47049 

compatibility requirement of the Privacy 

Act. We are proposing to establish the 

following routine use disclosures of 

information maintained in the system: 

1. To agency contractors, consultants 

or CMS grantees, who have been 

engaged by the agency to assist in the 

performance of a service related to this 

collection and who need to have access 

to the records in order to perform the 

activity. 

2. To another Federal or state agency 

to: 

a. contribute to the accuracy of CMS’s 

proper payment of Medicare benefits; 

b. enable such agency to administer a 

Federal health benefits program, or, as 

necessary, to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; and/or 

c. assist Federal/state Medicaid 

programs within the state. 

3. To an individual or organization for 

a research project or in support of an 

evaluation project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment related projects. 

4. To the Department of Justice (DOJ), 

court or adjudicatory body when: 

a. the agency or any component 

thereof, or 

b. any employee of the agency in his 

or her official capacity, or 

c. any employee of the agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. the United States Government, is a 

party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS 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. 

5. To a CMS contractor (including, but 

not necessarily limited to, fiscal 

intermediaries and carriers) that assists 

in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste, and abuse in such program. 

6. To another Federal agency or to 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 or abuse in, 

a health benefits program funded in 

whole or in part by Federal funds, when 

disclosure is deemed reasonably 

necessary by CMS to prevent, deter, 

discover, detect, investigate, examine, 

prosecute, sue with respect to, defend 

against, correct, remedy, or otherwise 

combat fraud, waste, and abuse in such 

programs. 

B. Additional Provisions Affecting 

Routine Use Disclosures 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR Parts 160 

and 164, Subparts A and E) 65 FR 82462 

(12–28–00). Disclosures of such PHI that 

are otherwise authorized by these 

routine uses may only be made if, and 

as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’ (See 

45 CFR 164–512 (a) (1).) 

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that 

individuals could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All records are stored on electronic 

media. 

RETRIEVABILITY: 

The collected data are retrieved by an 

individual identifier; e.g., beneficiary 

name or HICN, and unique provider 

identification number. 

SAFEGUARDS: 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against unauthorized 

use. Personnel having access to the 

system have been trained in the Privacy 

Act and information security 

requirements. Employees who maintain 

records in this system are instructed not 

to release data until the intended 

recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: The Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: All pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

RETENTION AND DISPOSAL: 

CMS will retain information for a total 

period not to exceed 25 years. All 

claims-related records are encompassed 

by the document preservation order and 

will be retained until notification is 

received from DOJ. 

SYSTEM MANAGER AND ADDRESS: 

Director, Division of Medical and 

Surgical Services, Coverage and 

Analysis Group, Office of Clinical 

Standards and Quality, CMS, Room C4–

10–10, 7500 Security Boulevard, 

Baltimore, Maryland 21244–1850. 

NOTIFICATION PROCEDURE: 

For purpose of access, the subject 

individual should write to the system 

manager who will require the system 

name, employee identification number, 

tax identification number, national 

provider number, and for verification 

purposes, the subject individual’s name 

(woman’s maiden name, if applicable), 

HICN, and/or SSN (furnishing the SSN 

is voluntary, but it may make searching 

for a record easier and prevent delay). 

RECORD ACCESS PROCEDURE: 

For purpose of access, use the same 

procedures outlined in Notification 

Procedures above. Requestors should 

also reasonably specify the record 

contents being sought. (These 

procedures are in accordance with 

Department regulation 45 CFR 5b.5 (a) 

(2).) 

CONTESTING RECORD PROCEDURES: 

The subject individual should contact 

the system manager named above, and 

reasonably identify the record and 

specify the information to be contested. 


jlentini on PROD1PC65 with NOTICES
47050 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 

State the corrective action sought and 

the reasons for the correction with 

supporting justification. (These 

procedures are in accordance with 

Department regulation 45 CFR 5b.7.) 

RECORDS SOURCE CATEGORIES: 

The data collected and maintained in 

this system are retrieved from Medicare 

enrollment records, Medicare 

beneficiaries or proxies, and medical 

providers (such as physicians, medical 

facilities, home health care providers) 

for a sample of enrollees. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 07–4076 Filed 8–21–07; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects: 

Title: National Survey of Child and 

Adolescent Well-Being—Second Cohort 

(NSCAW II). 

OMB No.: 0970–0202. 

Description: The Department of 

Health and Human Services (HHS) 

intends to collect data on a new sample 

of children and families for the National 

Survey of Child and Adolescent WellBeing (NSCAW). The NSCAW was 

authorized under Section 427 of the 

Personal Responsibility and Work 

Opportunities Reconciliation Act of 

1996. The original survey began in 

November 1999 with a national sample 

of 5,501 children, ages 0–14, who had 

been the subject of investigation by 

Child Protective Services during the 

baseline data collection period, which 

extended from November 1999 through 

April 2000. Direct assessments and 

interviews were conducted with the 

children themselves, their primary 

caregivers, their caseworkers, and, for 

school-aged children, their teachers; 

agency directors also were interviewed 

at baseline. Follow-up data collections 

were conducted 12 months, 18 months, 

and 36 months post-baseline, and a fifth 

data collection is currently under way. 

The NSCAW is the only source of 

nationally representative, firsthand 

information about the functioning and 

well-being, service needs, and service 

utilization of children and families who 

come to the attention of the child 

welfare system. Information is collected 

about children’s cognitive, social, 

emotional, behavioral, and adaptive 

functioning, as well as family and 

community factors that are likely to 

influence their functioning. Family 

service needs and service utilization 

also are addressed in the data collection. 

The current data collection plan calls 

for selecting a new cohort of 5,700 

children and families and repeating the 

data collection procedures used in the 

original study. Selection of a new cohort 

will allow the comparison of 

characteristics of children who are 

entering the child welfare system today 

with those who entered prior to the 

implementation of the Adoption and 

Safe Families Act and prior to the 

advent of the Child and Family Services 

Review process. The data collection will 

follow the same format as that used in 

previous rounds of data collection, and 

will employ, with only modest 

revisions, the same instruments that 

have been used in previous rounds. 

Currently, HHS intends to collect 

baseline data and one follow-up 18 

months later, with future follow-up 

rounds contingent on funding 

availability. Data from NSCAW are 

made available to the research 

community through licensing 

arrangements from the National Data 

Archive on Child Abuse and Neglect at 

Cornell University. 

Respondents: 5,700 Children and 

their associated permanent or foster 

caregivers, caseworkers, and teachers; in 

addition, an administrator will be 

interviewed in each location from 

which children are sampled. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total burden 

hours 

Child Interview ............................................................................................... 5,700 1 1 .2 6,840 

Permanent Caregiver Interview ..................................................................... 3,800 1 2 .0 7,600 

Foster Caregiver Interview ............................................................................ 1,990 1 1 .5 2,985 

Caseworker Interview .................................................................................... 5,700 1 1 .0 5,700 

Teacher Questionnaire .................................................................................. 3,000 1 .75 2,250 

Agency Questionnaire ................................................................................... 97 1 1 .0 97 

Estimated Total Annual Burden 

Hours: 25,472. 

In compliance with the requirements 

of Section 506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

infocollection@acf.hhs.gov. All requests 

should be identified by the title of the 

information collection. 

The Department specifically requests 

comments on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Dated: August 15, 2007. 

Brendan C. Kelly, 

Reports Clearance Officer. 

[FR Doc. 07–4110 Filed 8–21–07; 8:45 am] 

BILLING CODE 4184–07–M 


jlentini on PROD1PC65 with NOTICES