100VA10NS10
Patient Representation Program-VA
System location:
Records are maintained at each Department of Veterans Affairs'
(VA) healthcare facility (in most cases, back-up computer tape
information is stored at off-site locations). Address locations for
VA facilities are listed in VA appendix 1. In addition, information
from these records or copies of records may be maintained at the
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington
DC, 20420; Veterans Integrated Service Networks (VISNs); and, Austin
Automation Center (AAC), Austin, Texas.
Categories of individuals covered by the system:
The records include information concerning individual patients,
veterans who have applied for care, their friends, their families, VA
healthcare providers and members of the community. Members of the
community include congressional liaisons, veterans service
organizations and attorneys.
Categories of records in the system:
The records may include information maintained in paper records,
and entered into the Veterans Health Information Systems and
Technology Architecture (VistA), related to concerns and complaints
regarding an individual's medical care, VA benefits, and/or
encounters with healthcare facility personnel. The records include
information that is compiled to review, investigate, and resolve
these issues.
Authority for maintenance of the system:
Title 38, United States Code, chapter 73, section 7301 (b).
Purpose(s):
The records may be used for such purposes as producing various
management and patient follow-up reports; responding to patient and
other inquiries; conducting healthcare-related studies, statistical
analysis, and resource allocation planning; providing clinical and
administrative support to patient medical care; audits, reviews and
investigations conducted by the staff of the healthcare facility,
VISN, VHA Headquarters, and VA's Office of Inspector General (OIG);
law enforcement investigations; quality improvement reviews and
investigations; personnel management and evaluation; employee ratings
and performance evaluations; employee disciplinary or other adverse
action, including discharge; advising healthcare professional
licensing or monitoring bodies or similar entities or activities of
VA and former VA healthcare personnel; accreditation of a facility by
an entity such as the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO); and, notifying medical schools of medical
students' performance. The information is integrated into the overall
quality improvement plans and activities of the facility and used to
improve services and communications, as well as, to track categories
of complaints and the locations of complaints in order to improve the
delivery of healthcare.
Routine uses of records maintained in the System Including
categories of users and the purposes of such uses:
- Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the written request of that individual.
- Disclosure may be made to the National Archives and Record
Administration (NARA) for records management inspections conducted
under authority of Title 44, United States Code.
- Disclosure may be made to the Department of Justice and United
States Attorneys in defense or prosecution of litigation involving
the United States, and to Federal agencies upon their request in
connection with review of administrative tort claims filed under the
Federal Tort Claims Act, 28 U.S.C. 2672.
- Disclosure may be made to any facility regarding the hiring,
performance, or other personnel-related information with which there
is, or there is proposed to be, an affiliation, sharing agreement,
contract, or similar arrangement for purposes of establishing,
maintaining, or expanding any such relationship.
- Disclosure may be made to a Federal agency or to a State or
local government licensing board and/or to the Federation of State
Medical Boards or a similar non-government entity which maintains
records concerning individual employment histories or concerning the
issuance, retention or revocation of licenses, certifications, or
registration necessary to practice an occupation, profession or
specialty, in order for the Department to obtain information relevant
to a Department decision concerning the hiring, retention or
termination of an employee or to inform Federal agencies, licensing
boards or the appropriate non-government entities about the
healthcare practices of employees who resigned, were terminated, or
retired and whose professional healthcare activity so significantly
failed to conform to generally accepted standards of professional
medical practice as to raise reasonable concern for the health and
safety of patients receiving medical care in the private sector or
from another Federal agency. These records may also be disclosed as
part of an ongoing computer-matching program to accomplish these
purposes.
- For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of
JCAHO, College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
- Disclosure may be made to a State or local government entity
or national certifying body which has the authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a healthcare
profession, when requested in writing by an investigator or
supervisory official of the licensing entity or national certifying
body for the purpose of making a decision concerning the issuance,
retention or revocation of the license, certification or registration
of a named healthcare professional.
- Disclosure of information to the Federal Labor Relations
Authority (FLRA) (including its General Counsel) when requested in
connection with the investigation and resolution of allegations of
unfair labor practices, in connection with the resolution of
exceptions to arbitration awards when a question of material fact is
raised, in connection with matters before the Federal Service
Impasses Panel, and to investigate representation petitions and
conduct or supervise representation elections.
- Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
- Disclosure may be made to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter.
- Disclosure may be made to a Federal, State or local agency
maintaining civil, criminal or other relevant information such as
current licenses, if necessary to obtain information relevant to any
agency decision concerning the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, or
the issuance of a license, grant or other health, educational or
welfare benefit.
- Disclosure of information may be made to the next-of-kin and/
or the person(s) with whom the patient has a meaningful relationship
to the extent necessary and on a need-to-know basis consistent with
good medical-ethical practices.
- A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
disclosed under certain circumstances: (1) To any non-profit
organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38 U.S.C.; and
(2) to any criminal or civil law enforcement governmental agency or
instrumentality charged under applicable law with the protection of
the public's health or safety, if a qualified representative of such
organization, agency or instrumentality has made a standing written
request that such name(s) or address(es) be provided for a purpose
authorized by law; provided that the record(s) will not be used for
any purpose other than that stated in the request and that
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
- VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained on paper, magnetic tape, disk, or laser
optical media. Information on automated storage media includes record
information stored in the VistA system. In most cases, copies of
back-up computer files are maintained at off-site locations.
Retrievability:
Records are retrieved by the names and social security numbers or
other assigned identifiers of the individuals on whom they are
maintained.
Safeguards:
- Access to VA working and storage areas is restricted to VA
employees on a ``need-to-know'' basis; strict control measures are
enforced to ensure that disclosure to these individuals is also based
on this same principle. Generally, VA file areas are locked after
normal duty hours and the facilities are protected from outside
access by the Federal Protective Service or other security personnel.
- Access to VistA at healthcare facilities is generally limited
by appropriate locking devices and restricted to authorized VA
employees and vendor personnel. Peripheral devices are placed in
secure areas (areas that are locked or have limited access) or are
otherwise protected. Information in the VistA system may only be
accessed by authorized VA employees and vendor personnel. Access to
file information is controlled at two levels: the systems recognize
authorized employees by series of individually unique passwords/codes
as 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 VistA and
maintained on personal computers is afforded similar storage and
access protections as the data that is maintained in the original
files. Access to information stored on automated storage media at
other VA locations is controlled by individually unique passwords/
codes.
- Data maintained at the AAC can only be updated by authorized
AAC personnel. Access is limited to authorized employees by
individually unique access codes that are changed periodically.
Physical access to the AAC is generally restricted to AAC staff, VA
Headquarters' employees, custodial personnel, Federal Protective
Service and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer
rooms are escorted.
Retention and disposal:
Paper records and information stored on electronic storage media
are maintained and disposed of in accordance with the records
disposition authority approved by the Archivist of the United States.
System manager(s) and address:
Official responsible for policies and procedures: Program
Manager, National VA Patient Representation Program (10NS10), VA
Medical Center, 1900 E. Main, Danville, Illinois 61832. Officials
maintaining the system: Director at the facility where the
individuals made contact.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility
location where they made or have contact. Inquiries should include
the person's full name, social security number, date(s) of contact
and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of records in this system may write, call or visit the VA
facility location where they made contact.
Record source categories:
The patient, family members, and friends, employers or other
third parties when otherwise unobtainable from the patient or family;
Patient Medical Records--VA (24VA136); private medical facilities and
healthcare professionals; State and local agencies; other Federal
agencies; VISNs, Veterans Benefits Administration automated record
systems (including Veterans and Beneficiaries Identification and
Records Location Subsystem--VA (38VA23) and the Compensation,
Pension, Education and Rehabilitation Records--VA (58VA21/22); and
various automated systems providing clinical and managerial support
at VA healthcare facilities.
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