[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7196-7198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3545]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Amendment of Systems of Records
AGENCY: Departmnet of Veterans Affairs.
ACTION: Notice.
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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e),
notice is hereby given that the Department of Veterans Affairs (VA) is
amending three systems of records notices to update the ``Access/
Safeguards'' statements.
DATES: These amendments are effective on February 12, 1998.
FOR FURTHER INFORMATION CONTACT: Bill Lanson, Legal Consultant,
Compensation & Pension Service, Veterans Benefits Administration, (202)
273-7267; Celia Winter, Privacy Act Officer, Veterans Health
Administration, (202) 273-6274.
SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs (VA) has
decided, as a matter of policy, to provide direct, on-line, remote
access to its automated medical treatment and benefits records to
certain employees of the Veterans Health Administration (VHA) and the
Veterans Benefits Administration (VBA) who need to have access to the
information contained in the records in order for them to make
decisions about veterans' benefits (medical care and other benefits) in
a more timely and efficient manner.
VHA is responsible for the medical treatment of veterans and
claimants, and maintains individually identified and retrieved records,
both paper and electronic, reflecting the care and treatment rendered.
VBA is responsible for determining entitlement to compensation and
pension benefits for veterans and claimants under title 38, United
States Code. VBA also maintains individually identified and retrieved
paper and electronic records of this claims administration activity.
The status of a veteran's compensation, pension, retirement, and
other benefits may be affected while the veteran is receiving
hospitalization, domiciliary care, nursing home care, or other medical
services. Information maintained by the VA medical centers often is
relevant to determinations by VBA about these benefits. Similarly,
there may be some change in a veteran's eligibility to receive medical
care and treatment without charge. Information maintained by VBA often
is pertinent to the ability of a VA medical center to make a
determination on this matter.
In both situations, VBA and VHA personnel need timely access to the
appropriate records in order to ensure that veterans receive the
medical care or other title 38 benefits that they are entitled to
receive as expeditiously as possible.
Historically, VBA and VHA exchanged necessary information to make
these determinations by the appropriate, authorized employees at the VA
medical center treating the veteran or at the VBA regional office
administering the delivery of benefits to the veteran, by submitting a
paper form to the other for the necessary records. The relevant
portions of the medical treatment records or claims records were
photocopied (and in the case of electronic medical records, printed
out) and mailed back and forth between the medical center and the
regional office.
VA replaced the use of paper forms for VBA to request copies of
records with the AMIE (Automated Medical Information Exchange) software
package. The use of AMIE allows regional offices to electronically
request copies of the relevant veterans' medical records from the
medical centers, particularly hospital admission and discharge reports,
outpatient treatment reports and other patient care records. The
medical center then provides either paper copies of the records or
electronic reports if available. The use of AMIE greatly reduced the
time it takes to exchange patient information between the medical
centers and the regional offices, reduced the number of paper forms
exchanged, provided better monitoring of the examination process, and,
most importantly, allowed the veterans to receive benefits due them in
a more timely and efficient manner.
VA medical centers currently maintain significant portions of their
clinical records in electronic format on the computer system known as
VISTA/DHCP (Veterans Information Systems Technology Architecture/
Decentralized Hospital Computer Programs). Other clinical records are
maintained in a variety of hardcopy forms, e.g., paper and X-ray film.
VHA is eventually migrating all of its clinical records to an
electronic environment. The electronic clinical records can be accessed
within a medical center and downloaded or printed out by authorized VHA
[[Page 7197]]
personnel, such as the treating physician, as needed.
VA created the BDN (Benefits Delivery Network) HINQ (Hospital
Inquiry) screen to allow VHA to request relevant treatment eligibility
information from VBA on individual veterans. HINQ provides access to
discrete electronically stored data fields containing VBA information
that VA medical centers need to determine the care that can be provided
to a veteran free of charge and that portion of care the veteran may be
billed for. The use of HINQ also shortened the time necessary for VA
medical centers to receive the information needed to ensure that
veterans received the medical care due them without being billed.
VBA maintains standardized data fields on veterans in electronic
form in addition to those accessible through HINQ. These VBA data
fields are accessible to authorized VBA personnel through the VBA's
BDN. VBA personnel can download or print the field from the BDN. VBA
contemplates moving to an electronic claims record in the future.
VA has determined that direct, real-time, remote electronic access
to veterans' electronic medical records maintained at VA medical
centers by authorized VBA personnel for claims development and
adjudication purposes should expedite the processing of veterans'
claims by VBA, allowing veterans' to receive benefits due them in a
more timely and efficient manner. Also, VA has determined that direct,
real-time, remote electronic access to the BDN by authorized VHA
personnel will result in a more timely and accurate determination of
appropriate billing for medical care to veterans. When VBA moves to an
electronic claims folder, it would be equally useful for VHA to have
access to that electronic folder.
Accordingly, authorized VBA personnel will be provided direct,
remote access to VHA clinical medical records maintained on the VISTA/
DHCP computer systems at the medical centers for the purposes of
reading and downloading veterans' medical records relevant to the
development and adjudication of the veterans' claims, such as final
hospital summaries and compensation and pension examination reports, to
reduce claims' processing time. To the extent that medical records do
not exist in electronic form, VBA will continue to use the AMIE
software to request those records. Further, this policy supports
providing VA medical centers with personal computers configured
specifically for access to the BDN for health care eligibility
verification. VHA personnel will be able to read and download data from
the BDN, or any other databases later developed by VBA, as well as
electronic claims records at some future time.
Therefore, VA is amending Access/Safeguards statements in the
``Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system'' portion of the following three
systems of records notices: ``24VA136''--Patient Medical Records
``58VA21/22''--Compensation, Pension, Education and Rehabilitation
Records ``38VA23''--Veterans and Beneficiaries Identification and
Records Location Subsystem--VA
Approved January 29, 1998.
Togo D. West, Jr.,
Acting Secretary.
1. The system of records identified as 24VA136, ``Patient Medical
Records--VA,'' published at 40 FR 38095, August 26, 1975, and amended
at 40 FR 52125, November 7, 1975, 41 FR 2881, January 20, 1976, 41 FR
11631, March 19, 1976, 42 FR 30557, June 15, 1977, 44 FR 31058, May 30,
1979, 45 FR 77220, November 21, 1980, 46 FR 2766, January 12, 1981, 47
FR 28522, June 30, 1982, 47 FR 51841, November 17, 1982, 50 FR 11610,
March 22, 1985, 51 FR 25968, July 17, 1986, 51 FR 44406, December 9,
1986, 52 FR 381, January 5, 1987, 53 FR 49818, December 9, 1988, 55 FR
5112, February 13, 1990, 55 FR 37604, September 12, 1990, 55 FR 42534,
October 19, 1990, 56 FR 1054, January 10, 1991, 57 FR 28003, June 23,
1992, 57 FR 45419, October 1, 1992, 58 FR 29853, May 24, 1993, 58 FR
40852, July 30, 1993, and 58 FR 57674, October 26, 1993, is amended by
revising paragraphs 2 through 6 of the safeguards statement, the entire
storage statement and the system manager statement in the ``Policies
and practices for storing, retrieving, accessing, retaining and
disposing of records in the system'' as follows:
24 VA 136
System Name:
Patient Treatment Records--VA.
* * * * *
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Records (or information in records) are maintained on paper
documents in the consolidated heath record at the last VA health care
facility where care was rendered and at Federal records centers.
Subsidiary record information is maintained at the various respective
services within the health care facility (e.g., Pharmacy, Fiscal,
Dietetic, Clinical Laboratory, Radiology, Social Work, Psychology,
etc.) and by individuals, organizations, and/or agencies with whom VA
has a contract or agreement to perform such services as VA may deem
practicable. All or portions of the consolidated health record is
stored or maintained on-line in VISTA or DHCP (Veterans Information
Systems Technology Architecture or Decentralized Hospital Computer
Program) computer systems in each VA health care facility and back-up
computer files maintained at off-site locations, and may also be
stored, in part, at VA Central Office, the National Institutes of
Health, the VA Boston Development Center, Chief Information Officer
Field Offices (CIOFOs), VA regional offices (VAROs), and the Austin
Automation Center (AAC), Austin, Texas.
* * * * *
Safeguards:
* * * * *
2. Access to the VISTA or/and DHCP computer rooms within the health
care facilities is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are generally placed in secure areas (areas that are
locked or have limited access) or are otherwise protected. Information
in DHCP and VISTA systems may be accessed only by authorized VA
employees. Access to file information is controlled at two levels: The
system recognizes authorized employees by a series of individually
unique passwords/codes as a part of each data message, and the
employees are limited to only that information in the file which is
needed in the performance of their official duties. Information that is
downloaded from PTF, OPC, DHCP and VISTA files and maintained on
personal computers must be afforded similar storage and access
protections as the data that is maintained in the original files.
3. Authorized Veterans Benefits Administration (VBA) regional
office personnel are provided direct, on-line remote access to VHA
patient treatment records maintained on DHCP or VISTA systems at VA
health care facilities for the purposes of reading and downloading
veterans' medical record relevant to the development and adjudication
of the veterans' claims. To the extent that medical treatment records
do not exist in electronic format, VBA will continue to access
treatment records via AMIE (Automated Medical Information Exchange)
software.
[[Page 7198]]
4. Access to the Austin Automation Center (AAC) is generally
restricted to AAC employees, custodial personnel, Federal Protective
Service and other security personnel. Access to computer rooms is
restricted to authorized operational personnel through electronic
locking devices. All other persons gaining access to computer rooms are
escorted. Information stored in the AAC databases may be accessed by
authorized VA employees at remote locations including VA health care
facilities, VA Central Office, VISN (Veterans Integrated Service
Network) Offices, and OIG headquarters and field staff. Access is
controlled by individually unique passwords/codes which must be changed
periodically by the employee.
5. Access to records maintained at VA Central Office, the VA Boston
Development Center, the CIOFOs, and the VISN Offices is restricted to
VA employees who have a need for the information in the performance of
their official duties. Access to information stored in electronic
format is controlled by individually unique passwords/codes. Records
are maintained in manned rooms during working hours. The facilities are
protected from outside access during non-working hours by the Federal
Protective Service or other security personnel.
6. Information stored on computers at the CIOFOs may be accessed by
authorized VA employees at remote locations including VA health care
facilities and VISN Offices. Access to electronically stored
information is controlled by individually unique passwords/codes.
Records are maintained in manned rooms during working hours. The
facilities are protected from outside access during non-working hours
by the Federal Protective Service or other security personnel.
7. Access to PTF information stored by VA Central Office at the
National Institutes of Health Computer Center is limited to quality
assurance program staff at VA Central Office and the VISN Offices. VA
Central Office staff may access the nationwide data and staff of the
VISN Offices may access data for their network area. Access to file
information is controlled by individually unique passwords/codes.
8. Information downloaded from OPC, PTF and VISTA/DHCP files and
maintained by the OIG headquarters and field offices on automated
storage media is secured in storage areas or facilities to which only
OIG staff have access. Paper documents are similarly secured. Access to
paper documents and information on automated storage media is limited
to OIG employees who have a need for the information in the performance
of their official duties. Access to information stored electronically
is controlled by individually unique passwords/codes.
* * * * *
System manager(s) and address:
Chief Information Officer (19), Veterans Health Administration, VA
Central Office, Washington, DC 24020.
* * * * *
2. The system of record identified as 38VA23, ``Veterans and
Beneficiaries Identification and Records Location Subsystem (BIRLS)--
VA,'' published at 40 FR 38095, August 26, 1975, 41 FR 11631, March 19,
1976, 43 FR 23798, June 1, 1978, 45 FR 77220, November 21, 1980, 47 FR
367, January 5, 1982, 48 FR 45491, October 5, 1983, 50 FR 13448, April
4, 1985 and 60 FR 32210, June 20, 1995, is amended by revising the
first paragraph of the storage policies and practices for the record in
this system of record to read as follows:
38 VA 23
System name:
Veterans and Beneficiaries Identification and Records Location
Subsystem (BIRLS)--VA.
* * * * *
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
storage:
The basic file is on automated storage media (e.g., magnetic tapes
and disks), with backup copies of the information on magnetic tape.
Such information may be accessed through a data telecommunication
terminal system designated the Benefits Delivery Network (BDN). BDN
terminal locations include VA Central Office, VA regional offices, VBA
Debt Management Center, VA health care facilities, Department of
Defense Finance and Accounting Service Centers and the U.S. Coast Guard
Pay and Personnel Center. An adjunct file (at the Records Processing
Center (RPC) in St. Louis, MO) contains microfilm and paper documents
of former manual Central Index claims numbers registers, partial files
of pensioners with service prior to 1930, personnel with service
between 1940 and 1948 with VA insurance, and partial lists of other
Armed Forces personnel indexed by service number. A duplicate of the
microfilm is also located at VA Central Office.
* * * * *
3. The system of records identified as 58 VA 21/22, ``Compensation,
Pension, Education and Rehabilitation Records--VA,'' published at 41 FR
9294, March 3, 1976, 43 FR 3984, January 30, 1978, 43 FR 15026, April
10, 1978, 43 FR 23797, June 1, 1978, 45 FR 57641, August 28, 1980, 45
FR 77220, November 21, 1980, 47 FR 367, January 5, 1982, 47 FR 16132,
April 14, 1982, 47 FR 40742, September 15, 1982, 48 FR 1384, January
12, 1983, 48 FR 15994, April 13, 1983, 48 FR 39197, August 29, 1983, 48
FR 52798, November 22, 1983, 49 FR 23974, June 8, 1984, 49 FR 36046,
September 13, 1984, 50 FR 10886, March 18, 1985, 50 FR 26875, June 28,
1985, 50 FR 31453, August 2, 1985, 51 FR 24781, July 8, 1986, 51 FR
25141, July 10, 1986, 51 FR 28289, August 6, 1986, 51 FR 36894, October
16, 1986, 52 FR 4078, February 9, 1987, 54 FR 36933, September 5, 1989,
55 FR 28508, July 11, 1990, 55 FR 42540, October 19, 1990, 56 FR 15667,
April 17, 1991, 56 FR 16354, April 22, 1991, 57 FR 12374, April 9,
1992, 57 FR 44007, September 23, 1992, 58 FR 38164, July 15, 1993, 58
FR 54643, October 22, 1993, and 60 FR 20156, April 24, 1995 is amended
by revising the first paragraph of the storage policies and practices
for the records in this system of records to read as follows:
58 VA 21/22
System name:
Compensation, Pension, Education and Rehabilitation Records--VA.
* * * * *
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system.
Storage:
Records (or information contained in records) are maintained on
paper documents in claims file folders (e.g., ``C'' file folders,
educational file folders and vocational rehabilitation folders) and on
automated storage media (e.g., microfilm, microfiche, magnetic tape and
disks.) Such information may be accessed through a data
telecommunication terminal system designated the Benefits Delivery
Network (BDN). BDN terminal locations include VA Central Office, VA
regional offices, VA health care facilities, VISN offices, Department
of Defense Finance and Accounting Service Centers and the U.S. Coast
Guard Pay and Personnel Center.
* * * * *
[FR Doc. 98-3545 Filed 2-11-98; 8:45 am]
BILLING CODE 8320-01-M
