[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68874-68875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27383]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2014-HA-0154]


Privacy Act of 1974; System of Records

AGENCY: Defense Health Agency, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Defense Health Agency proposes to alter an existing system 
of records, EDTMA 03, entitled ``Legal Opinion Files'' in its inventory 
of record systems subject to the Privacy Act of 1974, as amended. This 
system uses records to address and resolve legal issues and for 
research, precedent, historical, and record purposes.

DATES: Comments will be accepted on or before December 19, 2014. 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:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments.
    <bullet> 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, Defense Health 
Agency, 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 Office Web site at http://dpclo.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 November 12, 2014, 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: November 14, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
EDTMA 03
    Legal Opinion Files (November 18, 2013, 78 FR 69076)

Changes
* * * * *

System location:
    Delete entry and replace with ``Office of the General Counsel, 
Defense Health Agency, 16401 East Centretech Parkway, Aurora, CO 80011-
9066.
    Office of the General Counsel, Defense Health Agency Headquarters, 
7700 Arlington Boulevard, Suite 5101, Falls Church, VA 22042-5101.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who have contacted or 
corresponded with Defense Health Agency regarding any matter requiring 
legal clarification or resolution.''

Categories of records in the system:
    Delete entry and replace with ``Inquiries received from 
individuals, attorneys, fiscal administrators, hospital contractors, 
other government agencies, Health Care Advice Nurse records, and 
Congressional offices. Files contain legal opinions, ethics opinions, 
correspondence, memoranda for the record, and similar documents. 
Medical/dental treatment records, authorizations and pre-
authorizations, care and claims inquiry documents, medical/dental 
history files, the name, Social Security Number (SSN) and/or DoD 
Identification Number (DoD ID Number) of the sponsor and/or 
beneficiary; and beneficiary's relationship to sponsor may be included 
in these records, as appropriate, to document TRICARE legal 
determinations.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. Chapter 55, Medical and 
Dental Care; 38 U.S.C. Chapter 17, Hospital, Nursing Home, Domiciliary, 
and Medical Care; 32 CFR Part 199, Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS); and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``Defense Health Agency uses these 
records to address and resolve legal issues and for research, 
precedent, historical, and record purposes.''

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 Departments of Health and Human Services and Veterans 
Affairs consistent with their statutory administrative responsibilities 
under TRICARE and the Civilian Health and Medical Program of the 
Department of Veterans Affairs (CHAMPVA) pursuant to 10 U.S.C. Chapter 
55 and 38 U.S.C. Chapter 17.
    Referral to Federal, state, local, or foreign governmental 
agencies, and to private business entities, including individual 
providers of care (participating and non-participating), on matters 
relating to eligibility, claims pricing and payment, fraud, program 
abuse, utilization review, quality assurance, peer review, program 
integrity, third-party liability, coordination of benefits, and civil 
or criminal litigation related to the operation of TRICARE.
    Disclosure to the Department of Justice and the United States 
Attorneys in situations where the matter directly or indirectly 
involves the TRICARE program.
    Disclosure to third-party contacts in situations where the party to 
be contacted has, or is expected to have, information necessary to 
establish the validity of evidence or to verify the accuracy of 
information presented by

[[Page 68875]]

the individual concerning his or her entitlement, the amount of benefit 
payments, any review of suspected abuse or fraud, or any concern for 
program integrity or quality appraisal.
    The DoD Blanket Routine Uses may apply to this system of records.
    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 implementing 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 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 a 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.''
* * * * *

Storage:
    Delete entry and replace with ``Paper records and/or electronic 
storage media.''

Retrievability:
    Delete entry and replace with ``Information is retrieved by subject 
matter with cross-reference by the individual's name, SSN, and/or DoD 
ID Number.''

Safeguards:
    Delete entry and replace with ``Electronic media, data and/or 
electronic records are maintained in a controlled area. Records are 
maintained in a secure, limited access, or monitored area. The computer 
system is accessible only to authorized personnel. Entry into these 
areas is restricted to those personnel with a valid requirement and 
authorization to enter. Physical entry is restricted by the use of 
locks, passwords which are changed periodically, and administrative 
procedures.
    The system provides two-factor authentication through user IDs/
passwords. Access to personal information is restricted to those who 
require the data in the performance of their official duties. All 
personnel whose official duties require access to the information are 
trained in the proper safeguarding and use of the information.
    All of the records must be properly secured for the duration of 
their life cycle. The safeguards in place for the paper records include 
placing the documents in locked file cabinets and storage rooms with 
limited access and electronic security measures. In addition, some of 
the records are housed in secure facilities monitored by security 
guards and video surveillance.''

Retention and disposal:
    Delete entry and replace with ``Permanent. Retire to Denver Federal 
Records Center (FRC) when superseded or obsolete.''

System manager(s) and address:
    Delete entry and replace with ``Paralegal Specialist, Office of 
General Counsel, Defense Health Agency, 16401 East Centretech Parkway, 
Aurora, CO 80011-9066.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to 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 full name and signature of the sponsor 
or beneficiary.
    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.
    Written requests for information should include the full name and 
signature of the sponsor or beneficiary.
    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 ``Individuals (TRICARE and CHAMPVA 
beneficiaries, sponsors, or others), attorneys, fiscal administrators, 
hospital contractors, managed care support contractors, providers of 
care, medical records, other government agencies (Federal, state, 
local, and foreign), and Congressional offices.''
* * * * *
[FR Doc. 2014-27383 Filed 11-18-14; 8:45 am]
BILLING CODE 5001-06-P