[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42625-42626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20744]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0544]


Proposed Information Collection Activity: Proposed Collection; 
Comment Request; Reinstatement

AGENCY: Veterans Health Administration, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Veterans Health Administration (VHA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the agency. Under the Paperwork Reduction Act (PRA) of 
1995, Federal agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed reinstatement, without change, of a previously approved 
collection for which approval has expired, and allow 60 days for public 
comment in response to the notice. This notice solicits comments on 
requirements relating to

[[Page 42626]]

obtaining written consent of patients to release information pertaining 
to treatment for drug or alcohol abuse, sickle cell anemia, and 
infection with human immunodeficiency virus (HIV).

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before October 6, 1997.

ADDRESSES: Submit written comments on the collection of information to 
Ann Bickoff, Veterans Health Administration (161A4), Department of 
Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420. Please 
refer to ``OMB Control No. 2900-0544'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Ann Bickoff at (202) 273-8310.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 
U.S.C., 3501--3520), Federal agencies must obtain approval from the 
Office of Management and Budget and Budget (OMB) for each collection of 
information they conduct or sponsor. This request for comment is being 
made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, VHA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of VHA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of VHA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) way to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Title and Form Numbers: Written Consent to Release Medical Records 
Protected by Section 7332, Title 38, United States Code (Section 
1.475(a), Title 38 Code of Federal Regulations).
    OMB Control Number: 2900-0544.
    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Abstract: Section 7332, Title 38, United States Code requires the 
VA to obtain prior written consent from a patient before information 
concerning treatment for alcoholism or alcohol abuse, drug abuse, 
sickle cell anemia, or infection with the human immunodeficiency virus 
(HIV) can be disclosed from a patient medical record. This special 
consent must indicate the name of the facility permitted to make the 
disclosure, the name of the individual or organization to whom the 
information is being released, specify the particular records or 
information to be released, be under the signature of the veteran and 
dated, it must reflect the purpose for which the information is to be 
used, and include a statement that the consent is subject to revocation 
and the date, event or condition upon which the consent will expire if 
not revoked before. Section 1.475(a), Title 38 Code of Federal 
Regulations describes the required elements that must be included in a 
written consent. The Privacy Act of 1974 and VA confidentiality 
statute, Section 5701, Title 38, United States Code also requires a 
written patient consent.
    The written consent is obtained from the patient. Without the 
written consent, the VA would not be permitted to disclose this type of 
patient medical record information to third parties as requested by the 
patients. The information is used by third parties for such purposes as 
medical follow-up and treatment and determinations on employment 
applications and insurance claims. If the information collection were 
not conducted, the VA would not be able to be responsive to the needs 
of patients for the disclosure of information pertaining to their 
medical care.
    Affected Public: Individuals or households.
    Estimated Annual Burden: 1,720 hours.
    Estimated Average Burden Per Respondent: 5 minutes.
    Frequency of Response: On occasion.
    Estimated Number of Respondents: 20,640.

    Dated: July 18, 1997.

    By direction of the Secretary.
Donald L. Neilson,
Director, Information Management Service.
[FR Doc. 97-20744 Filed 8-6-97; 8:45 am]
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