```

[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6060-6061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02174]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-HA-0012]

Privacy Act of 1974; System of Records

AGENCY: Defense Health Agency, DoD.

ACTION: Notice to alter a System of Records.

-----------------------------------------------------------------------

SUMMARY: The Defense Health Agency is proposing to alter an existing 
system of records, EDHA 23, entitled ``Pharmacy Data Transaction 
Service (PDTS)'', in its inventory of record systems subject to the 
Privacy Act of 1974, as amended. This system is used to establish a 
central repository for coordinating benefits pertaining to 
prescriptions dispensed and/or filled at military treatment facilities, 
via TRICARE mail-order, the TRICARE retail pharmacy network, and 
privately owned pharmacies.

DATES: Comments will be accepted on or before March 6, 2015. This 
proposed action will be effective the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Linda S. Thomas, Chief, Defense 
Health Agency Privacy and Civil Liberties Office, 7700 Arlington 
Boulevard, Suite 5101, Falls Church, VA 22042-5101, or by phone at 
(703) 681-7500.

SUPPLEMENTARY INFORMATION: The Defense Health Agency notices for 
systems of records 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 in FOR FURTHER INFORMATION CONTACT or at the 
Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/. The proposed system report, as required by 5 U.S.C. 
552a(r) of the Privacy Act of 1974, as amended, was submitted on 
January 7, 2015, to the House Committee on Oversight and Government 
Reform, 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: January 30, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
EDHA 23

System name:
    Pharmacy Data Transaction Service (PDTS) (November 18, 2013, 78 FR 
69076)
    Changes
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Members of the Uniformed Services 
(and their dependents), retired military members (and their 
dependents), contractors participating in military deployments or 
related operations, DoD civilian employees including non-appropriated 
fund employees, and other individuals who receive or have received drug 
prescriptions dispensed and/or filled at military treatment facilities, 
via TRICARE mail-order, the TRICARE retail pharmacy network, and 
commercial pharmacies.''

Categories of records in the system:
    Delete entry and replace with ``Electronic data extracted from an 
individual's pharmacy and prescription records.
    Patient Data: Name, Social Security Number (SSN) and/or DoD 
Identification (ID) Number (or foreign ID number), visit date, date of 
birth, mailing address, home telephone number, family member prefix (if 
appropriate) or dependent suffix, gender, and relationship to policy 
holder.
    Sponsor Data: Name, SSN and/or DoD ID Number, date of birth, 
gender, insurance policy holder name, and data on Health Care Delivery 
Program Plan coverage.
    Other Data: Prescription data elements for dispensing: National 
Drug Code (NDC), quantity prescribed, days supply, number of refills 
authorized, prescribing physician's National Provider Index (NPI) or 
Drug Enforcement Administration (DEA) number.
    ePrescribing: NDC, quantity prescribed, days supply, number of 
refills authorized, prescribing physician's NPI or DEA number, text 
drug name, directions for use/administration, prescribing physician 
(name, practice name, address, phone).''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. Chapter 55, Medical and 
Dental Care; 32 CFR part 199, Civilian Health and Medical Program of 
the Uniformed Services (CHAMPUS); DoD Instruction 6015.23, Delivery of 
Healthcare at Military Treatment Facilities: Foreign Service Care; 
Third Party Collection; Beneficiary Counseling and Assistance 
Coordinators (BCACs); and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``To establish a central repository 
for coordinating benefits pertaining to prescriptions dispensed and/or 
filled at military treatment facilities, via TRICARE mail-order, the 
TRICARE retail pharmacy network, and privately owned pharmacies.

[[Page 6061]]

    To improve efficiency and patient safety by reducing the likelihood 
of drug adverse reactions and abuse involving prescription medications 
and to discourage prescription shopping.
    To provide data necessary to conduct Prospective Drug Utilization 
Review on inbound dispensing transactions and return alerts when 
encountering drug/drug interactions, therapeutic duplication, or other 
clinical circumstances as defined by system requirements.
    To provide a data warehouse component to support operational, 
clinical, and economic studies of TRICARE prescription activity.
    Information may also be used as a management tool for statistical 
analysis, tracking, reporting, evaluating program effectiveness, and 
conducting research.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, these records may specifically be disclosed outside the DoD 
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the Centers for Medicare and Medicaid Services and to the 
Department of Veterans Affairs for coordination of benefits.
    The DoD Blanket Routine Uses may apply to this system.

    Note 1:  This system of records contains individually 
identifiable health information. The DoD Health Information Privacy 
Regulation (DoD 6025.18-R), or any successor DoD issuances issued 
pursuant to the Health Insurance Portability and Accountability Act 
of 1996 (HIPAA) and 45 CFR parts 160 and 164, Health and Human 
Services, General Administrative Requirements and Security & 
Privacy, respectively, applies to most such health information. DoD 
6025.18-R or a successor issuance may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974, as amended, or mentioned in 
this system of records notice.

    Note 2:  Except as provided under 42 U.S.C. 290dd-2, records of 
identity, diagnosis, prognosis or treatment information of any 
patient maintained in connection with the performance of any program 
or activity relating to substance abuse education, prevention, 
training, treatment, rehabilitation, or research which is conducted, 
regulated, or directly or indirectly assisted by any department or 
agency of the United States, will be treated as confidential and 
disclosed only for the purposes and under the circumstances 
expressly authorized under 42 U.S.C. 290dd-2.''

* * * * *

Retrievability:
    Delete entry and replace with ``Records are retrieved by patient's 
name, SSN and/or DoD ID Number, date of birth, family member prefix or 
dependent suffix; or sponsor's name, SSN and/or DoD ID Number.''

Safeguards:
    Delete entry and replace with ``Records are maintained in a 
controlled area accessible only to authorized personnel. Entry is 
further restricted to personnel with a valid requirement and 
authorization. Physical entry is restricted by the use of locks, 
passwords, and administrative procedures which are changed 
periodically.
    This system collects and distributes records on a system-to-system 
basis that does not require end-user direct interaction. In the rare 
instances when a record must be retrieved, it is by a qualified 
individual. Access to personally identifiable information in this 
system of records is restricted to those who require the data in the 
performance of their official duties, and have received proper training 
relative to the Privacy Act of 1974, as amended, the HIPAA privacy and 
security regulations, and DoD Information Assurance Regulations.
    Auditing: Audit trail records from all available sources are 
enabled and available for review at all times for indications of 
inappropriate or unusual activity. Suspected violations of information 
assurance policies are analyzed and reported in accordance with DoD and 
Military Health System/Defense Health Agency specific information 
system information assurance procedures.''

Retention and disposal:
    Delete entry and replace with ``Destroy or delete when 2 years old, 
or 2 years after the date of the latest entry, whichever is 
applicable.''

System manager(s) and address:
    Delete entry and replace with ``Branch Chief, Pharmacy Informatics 
Branch, Defense Health Agency, Pharmacy Operations Division, 7700 
Arlington Boulevard, Falls Church, VA 22042-5101.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Chief, Freedom of Information Act 
(FOIA) Service Center, Defense Health Agency Privacy and Civil 
Liberties Office, 7700 Arlington Boulevard, Suite 5101, Falls Church, 
VA 22042-5101.
    Requests should contain the name and number of this system of 
records notice, the individual's full name, current address, telephone 
number, signature, and treatment facility(ies) that have provided care.
    If requesting information about a minor or legally incompetent 
person, the request must be made by the custodial parent, legal 
guardian, or party acting in loco parentis of such individual. Written 
proof of that status may be required before the existence of any 
information will be confirmed.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system of records should 
address written inquiries to the Chief, FOIA Service Center, Defense 
Health Agency Privacy and Civil Liberties Office, 7700 Arlington 
Boulevard, Suite 5101, Falls Church, VA 22042-5101.
    Requests should contain the name and number of this system of 
records notice, the individual's full name, current address, telephone 
number, signature, and treatment facility(ies) that have provided care.
    If requesting records about a minor or legally incompetent person, 
the request must be made by the custodial parent, legal guardian, or 
party acting in loco parentis of such individual. Written proof of that 
status may be required before any records will be provided.''

Contesting record procedures:
    Delete entry and replace with ``The Office of the Secretary of 
Defense (OSD) rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311, or may be obtained from 
the system manager.''

Record source categories:
    Delete entry and replace with ``Information is obtained from 
military treatment facilities, commercial healthcare providers under 
contract to the Military Health System, the Defense Enrollment 
Eligibility Reporting System, commercial pharmacies, civilian 
physicians, and the Department of Veterans Affairs.''
* * * * *
[FR Doc. 2015-02174 Filed 2-3-15; 8:45 am]
BILLING CODE 5001-06-P
```