[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Notices]
[Pages 41373-41375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20266]


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DEPARTMENT OF DEFENSE

Department of the Army


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DOD.
ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Army is proposing to alter an existing 
system of records notice in its existing inventory of record systems 
subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on 
September 2, 1997, unless comments are received which result in a 
contrary determination.
ADDRESSES: Privacy Act Officer, Records Management Program Division, 
U.S. Army Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. 
Belvoir, VA 22060-5576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.
SUPPLEMENTARY INFORMATION: The Department of the Army systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on July 22, 1997, to the 
House Committee on Government Reform and Oversight, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, `Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
    Dated: July 25, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0040-66b DASG

System name:
    Health Care and Medical Treatment Record System (July 28, 1994, 59 
FR 38440).

Changes:
* * * * *

Categories of records in the system:
    Add to end of first paragraph `and Human Immunodeficiency Virus 
(HIV) blood sampling results to identify Acquired Immune Deficiency 
Syndrome (AIDS).'
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph `To former DoD health care providers, who have 
been identified as being the subjects of potential reports to the 
National Practitioner Data Bank as a result of a payment having been 
made on their behalf by the U.S. Government in response to a 
malpractice claim or litigation, for purposes of providing the provider 
an opportunity, consistent with the requirements of DoD Instruction 
6025.15 and Army Regulation 40-68, to provide any pertinent information 
and to comment on expert opinions, relating to the claim for which 
payment has been made.'
* * * * *
A0040-66b DASG

System name:
    Health Care and Medical Treatment Record System.

System location:
    Army Medical Department facilities and activities. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.

Categories of individuals covered by the system:
    Military members of the Armed Forces (both active and inactive); 
dependents; civilian employees of the Department of Defense; members of 
the U.S. Coast Guard, Public Health Service, and Coast and Geodetic 
Survey; cadets and midshipmen of the military academies; employees of 
the American National Red Cross; and other categories of individuals 
who receive medical

[[Page 41374]]

treatment at Army Medical Department facilities/activities.

Categories of records in the system:
    Name, Social Security Number, medical records (of a permanent 
nature) used to document health; psychological and mental hygiene 
consultation and evaluation; medical/dental care and treatment for any 
health or medical condition provided an eligible individual on an 
inpatient and/or outpatient status to include but not limited to: 
Health; clinical (inpatient); outpatient; dental; consultation; and 
procurement and separation x-ray record files; and Human 
Immunodeficiency Virus (HIV) blood sampling results to identify 
Acquired Immune Deficiency Syndrome (AIDS).
    Subsidiary medical records (of a temporary nature) are also 
maintained to support records relating to treatment/observation of 
individuals. Such records include but are not limited to: Social work 
case files, inquiries/complaints about medical treatment or services 
rendered by the medical treatment facility, and patient treatment x-ray 
and index files.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1071-1085; 50 
U.S.C. Supplement IV, Appendix 454, as amended; 42 U.S.C. 11131-11152; 
E.O. 9397 (SSN); DoD Directive 6010.14, Inpatient Medical Care for 
Foreign Military Personnel; DoD Instruction 6010.15, Third Party 
Collection (TPC) Program; DoD Directive 6040.37, Confidentiality of 
Medical Quality Assurance (QA) Records; DoD Directive 6025.13, Clinical 
Quality Managerment Program (CQMP) in the Military Health Services 
System (MHSSJ); DoD 6010.8-R, Civilian Health and Medical Program of 
the Uniformed Serivce (CHAMPUS) authorized by DoD Instruction 6010.8; 
and Army Regulation 40-57, Armed Forces Medical Examiner System.

Purpose(s):
    To provide health care and medical treatment of individuals; to 
establish tuberculosis/tumor/cancer/Human Immunodeficiency Virus (HIV) 
registries; for research studies; compilation of statistical data and 
management reports; to implement preventive medicine, dentistry, and 
communicable disease control programs; to adjudicate claims and 
determining benefits; to evaluate care rendered; determine professional 
certification and hospital accreditation; and determine suitability of 
persons for service or assignment.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    Information may be disclosed to the Department of Veterans Affairs 
to adjudicate veterans' claims and provide medical care to Army 
members.
    National Research Council, National Academy of Sciences, National 
Institutes of Health, Armed Forces Institute of Pathology, and similar 
institutions for authorized health research in the interest of the 
Federal Government and the public. When not essential for longitudinal 
studies, patient identification data shall be eliminated from records 
used for research studies. Facilities/activities releasing such records 
shall maintain a list of all such research organizations and an 
accounting disclosure of records released thereto.
    To local and state government and agencies for compliance with 
local laws and regulations governing control of communicable diseases, 
preventive medicine and safety, child abuse, and other public health 
and welfare programs.
    Third party payers per 10 U.S.C. 1095 as amended by Pub. L. 99-272, 
and guidance provided to the DoD health services by DoD Instruction 
6010.15, for the purpose of collecting reasonable inpatient/outpatient 
hospital care costs incurred on behalf of retirees or dependents.
    To former DoD health care providers, who have been identified as 
being the subjects of potential reports to the National Practitioner 
Data Bank as a result of a payment having been made on their behalf by 
the U.S. Government in response to a malpractice claim or litigation, 
for purposes of providing the provider an opportunity, consistent with 
the requirements of DoD Instruction 6025.15 and Army Regulation 40-68, 
to provide any pertinent information and to comment on expert opinions, 
relating to the claim for which payment has been made.
    The `Blanket Routine Uses' set forth at the beginning of the Army's 
compilation of systems of records notices also apply to this system.
    Note: Records of identity, diagnosis, prognosis, or treatment of 
any client/patient, irrespective of whether or when he/she ceases to be 
a client/patient, maintained in connection with the performance of any 
alcohol or drug abuse prevention and treatment function conducted, 
regulated, or directly or indirectly assisted by any department or 
agency of the united States, shall, except as provided therein, be 
confidential and be disclosed only for the purposes and under the 
circumstances expressly authorized in 42 U.S.C. 290dd-2. This statute 
takes precedence over the Privacy Act of 1974 in regard to 
accessibility of such records except to the individual to whom the 
record pertains. The `Blanket Routine Uses' do not apply to these types 
of records.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders; visible card files; microfiche; 
cassettes; punched cards; magnetic tapes/discs; computer printouts; x-
ray film preservers.

Retrievability:
    By patient or sponsor's surname or sponsor's Social Security 
Number.

Safeguards:
    Records are maintained in buildings which employ security guards 
and are accessed only by authorized personnel having an official need-
to-know. Automated segments are protected by controlled system 
passwords governing access to data.

Retention and disposal:
    Military health/dental and procurement/separation x-ray records are 
permanent. Clinical (inpatient), outpatient, dental and consultation 
record files for military members are destroyed after 50 years; records 
pertaining to U.S. Military Academy cadets are withdrawn and retired to 
the Surgeon, U.S. Military Academy, West Point, NY 10996-1797. Records 
on civilians and foreign nationals are destroyed after 25 years; except 
for civilian dental records which are destroyed after 5 years. Records 
on American Red Cross personnel are withdrawn and forwarded to the 
American National Red Cross.
    All medical records (except the Military Health/Dental records 
which are active while individual is on active duty, then retired with 
individual's Military Personnel Records Jacket and the procurement/
separation x-ray records which are forwarded to the National Personnel 
Records Center on an accumulation basis) are retained in an active file 
while treatment is provided and subsequently held for a period of 1 to 
5 years following

[[Page 41375]]

treatment before being retired to the National Personnel Records 
Center. Subsidiary medical records, of a temporary nature, are normally 
not retained long beyond termination of treatment; however, supporting 
documents determined to have significant documentation value to patient 
care and treatment are incorporated into the appropriate permanent 
record file.

System manager(s) and address:
    The Surgeon General, U.S. Army Medical Command, ATTN: MCIM, 2050 
Worth Road, Suite 13, Fort Sam Houston, TX 78234-6013.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the medical facility where treatment was provided. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.
    Red Cross employees may write to the Medical Officer, American 
National Red Cross, 1730 E Street, NW, Washington, DC 20006.
    For verification purposes, the individual should provide the full 
name, Social Security Number of sponsor, and current address and 
telephone number. Inquiry should include name of the hospital, year of 
treatment and any details which will assist in locating the records.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
medical facility where treatment was provided. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.
    Red Cross employees may write to the Medical Officer, American 
National Red Cross, 1730 E Street, NW, Washington, DC 20006.
    For verification purposes, the individual should provide the full 
name, Social Security Number of sponsor, and current address and 
telephone number. Inquiry should include name of the hospital, year of 
treatment and any details which will assist in locating the records.

Contesting record procedures:
    The Army's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record source categories:
    Subject individual, personal interviews and history statements from 
the individuals; abstracts or copies of pertinent medical records; 
examination records of intelligence, personality, achievement, and 
aptitude; reports from attending and previous physicians and other 
medical personnel regarding results of physical, dental, and mental 
examinations, treatment, evaluation, consultation, laboratory, x-ray 
and special studies and research conducted to provide health care and 
medical treatment; and similar or related documents.

Exemptions claimed for the system:
    None.
[FR Doc. 97-20266 Filed 7-31-97; 8:45 am]
BILLING CODE 5000-04-F