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Veteran, Patient, Employee, and Volunteer Research and Development Project Records-VA
System location:
Records are maintained at each VA health care facility where the
research project was conducted and at VA Central Office (VACO).
Address locations are listed in VA Appendix 1 of the biennial Privacy
Act Issuance publication. In addition, records are maintained at
contractor and fieldwork sites as studies are developed, data
collected and reports written. A list of locations where individually
identifiable data are currently located is available from the System
Manager.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system: (1) Veterans; (2) patients; (3) employees; or, (4) volunteers
who have indicated their willingness to be a participant in medical
research projects being performed by VA, by a VA contractor or by
another Federal agency in conjunction with VA; and (5) research and
development investigators.
Categories of records in the system:
Records, or information contained in records, vary according to
the specific medical research involved and may include: (1) Research
on biomedical, prosthetic and health care services; (2) research
stressing spinal cord injuries and diseases and other disabilities
that tend to result in paralysis of the lower extremities; and (3)
morbidity and mortality studies on former prisoners of war. VACO
records contain (4) a merit review of the project; and (5) a review
and evaluation of the research and development investigators and of
the participants in the program. The review and evaluation
information concerning the research and development investigators may
include personal and educational background information as well as
specific information concerning the type of research conducted.
Invention records contain: a certification page, describing the
place, time, research support related to the invention and co-
inventors; Technology Transfer Program Invention Evaluation Sheet
Internal or External Invention Assessment reports; Research and
Development Information System (RDIS) reports on research support
related to the invention; Correspondence; and the Office of General
Counsel Letter of Determination.
Authority for maintenance of the system:
Title 38, United States Code, Section 7301.
Purpose(s):
The records and information may be used to determine eligibility
for research funding, to determine handling of intellectual
properties, and to manage proposed and/or approved research
endeavors.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
- Transfer of statistical and other data to Federal, State, and
local government agencies and national health organizations to assist
in the development of programs.
- In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute or
rule, regulation or order issued pursuant thereto.
- 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 request of that individual.
- Disclosure may be made to National Archives and Records
Administration (NARA), General Services Administration (GSA) in
records management inspections conducted under authority of 44 United
States Code.
- Disclosure of medical record data, excluding name and address
(unless name and address is furnished by the requester) for research
purposes determined to be necessary and proper, to epidemiological
and other research facilities approved by the Under Secretary for
Health.
- In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel of the Armed Services and/
or their dependents may be disclosed (a) to a Federal department or
agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, VA may impose applicable conditions on the
department, agency and/or contractor to ensure the appropriateness of
the disclosure to the contractor.
- Upon request for research project data, the following
information will be released to the general public, including
governmental and non-governmental agencies and commercial
organizations: Project title and number; name and educational degree
of principal investigator; Veterans Health Administration (VHA)
medical center location; type (initial, progress, or final) and date
of last report; name and educational degree of associate
investigators; and project summary. In addition, upon specific
request, keywords and indexing codes will be included for each
project.
- Upon request for information regarding VA employees conducting
research, the following information will be released to the general
public, including governmental agencies and commercial organizations:
Name and educational degree of investigator; VHA title; academic
affiliation and title; hospital service; primary and secondary
specialty areas and subspecialty.
- Records from this system of records may be disclosed 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
nongovernment entity which maintains records concerning individuals'
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
agency to obtain information relevant to an agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care 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 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.
- Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
- Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (a) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice of an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (b) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (c) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
- Information concerning individuals who have submitted
research program proposals for funding, including the investigator's
name, social security number, research qualifications and the
investigator's research proposal, may be disclosed to qualified
reviewers for their opinion and evaluation of the applicants and
their proposals as part of the application review process.
- Any information in this system may be disclosed to the
Department of Justice (DOJ), including U.S. Attorneys, upon its
official request in order for VA to respond to pleadings,
interrogatories, orders or inquiries from DOJ and to supply DOJ with
information to enable DOJ to represent the U.S. Government in any
phase of litigation or in any case or controversy involving VA.
- Any invention information in this system may be disclosed to
affiliated intellectual property partners to aid in the possible use,
interest in, or ownership rights in VA intellectual property.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
(1) Paper documents. (2) Microscope slides. (3) Magnetic tape or
disk. (4) Photographs. (5) Microfilm.
Retrievability:
Records are retrieved by individual identifiers and indexed by a
specific project site or location, project number, or under the name
of the research or development investigator.
Safeguards:
Physical Security:
Access to VA working space and medical record
storage areas is restricted to VA employees on a ``need to know''
basis. Generally, VA file areas are locked after normal duty hours
and protected from outside access by the Federal Protective Service.
Employee file records and file records of public figures or otherwise
sensitive medical record files are stored in separate locked files.
Strict control measures are enforced to ensure that disclosure is
limited to a ``need to know'' basis. Access to a contractor's records
and their system of computers used with the particular project are
available to authorized personnel only. Records on investigators
stored on automated storage media are accessible by authorized VACO
personnel via terminals which are dedicated to this research and
development information system.
Retention and disposal:
The project records are held five (5) years after completion of
the research project and/or publication of a final report unless they
become part of the patient's individual medical history file in which
case the record would remain 75 years after the last activity of
care. At the end of a study, records maintained by a contractor are
returned to VA for appropriate disposition.
System manager(s) and address:
Director of Operations, Research and Development (12C),
Department of Veterans Affairs, 810 Vermont Ave, NW., Washington, DC
20420.
Notification procedure:
Interested persons should write to: Director of Operations,
Research and Development (12C), Department of Veterans Affairs, 810
Vermont Ave, NW., Washington, DC 20420. All inquiries must reasonably
identify the project and site location; date of project and team
leader.
Record access procedures:
Interested persons desiring access to and contesting of research
records should write to the address in Notification Procedure above.
Contesting record procedures:
(See Notification Procedure above.)
Record source categories:
(1) Patients and patient records; (2) employees and volunteers;
(3) other Federal agencies; (4) National Institutes of Health; (5)
Centers for Disease Control (Atlanta, Georgia); (6) individual
veterans; (7) other VA systems of records; and, (8) research and
development investigators.
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