Você está na página 1de 6

Federal Register / Vol. 72, No.

162 / Wednesday, August 22, 2007 / Notices 47045

the forms, their requests for approval are respondents other than their time to Estimated Annualized Burden Hours:
evaluated. There is no cost to participate.

Number of re- Average bur-


Number of re- Total burden
Section name Data type sponses per den response
spondents hours
respondent (in hours)

84.11 ................................................. Applications ...................................... 43 8 86 29,584


84.33 ................................................. Labeling ............................................ 43 8 2 688
84.35 ................................................. Modifications .................................... 43 8 66 22,704
84.41 ................................................. Reporting .......................................... 43 8 23 7,912
84.43 ................................................. Record Keeping ............................... 43 8 46 15,824
84.257 ............................................... Labeling ............................................ 43 8 3 1,032
84.1103 ............................................. Labeling ............................................ 43 8 3 1,032
Total ........................................... ........................................................... ........................ ........................ ........................ 78,776

Maryam I. Daneshvar, program, and advice on petitions to add and should be submitted to the contact
Acting Reports Clearance Officer, Centers for classes of workers to the Special Exposure person below well in advance of the meeting.
Disease Control and Prevention. Cohort (SEC). Contact Person for More Information: Dr.
[FR Doc. E7–16591 Filed 8–21–07; 8:45 am] In December 2000, the President delegated Lewis V. Wade, Executive Secretary, NIOSH,
responsibility for funding, staffing, and CDC, 4676 Columbia Parkway, Cincinnati,
BILLING CODE 4163–18–P
operating the Advisory Board to HHS, which OH 45226, Telephone 513.533.6825, Fax
subsequently delegated this authority to the 513.533.6826.
CDC. NIOSH implements this responsibility The Director, Management Analysis and
DEPARTMENT OF HEALTH AND for CDC. The charter was issued on August Services Office, has been delegated the
HUMAN SERVICES 3, 2001, renewed at appropriate intervals, authority to sign Federal Register notices
most recently, August 3, 2007, and will pertaining to announcements of meetings and
Centers for Disease Control and expire on August 3, 2009. other committee management activities, for
Prevention Purpose: This Advisory Board is charged both CDC and the Agency for Toxic
with (a) providing advice to the Secretary, Substances and Disease Registry.
National Institute for Occupational HHS, on the development of guidelines Dated: August 16, 2007.
Safety and Health (NIOSH) Advisory under Executive Order 13179; (b) providing
Board on Radiation and Worker Health Michael Tropauer,
advice to the Secretary, HHS, on the
(ABRWH or Advisory Board) Acting Director, Management Analysis and
scientific validity and quality of dose
Services Office, Centers for Disease Control
reconstruction efforts performed for this
In accordance with section 10(a)(2) of and Prevention.
program; and (c) upon request by the
the Federal Advisory Committee Act Secretary, HHS, advising the Secretary on [FR Doc. E7–16557 Filed 8–21–07; 8:45 am]
(Pub. L. 92–463), the Centers for Disease whether there is a class of employees at any BILLING CODE 4163–18–P
Control and Prevention announces the Department of Energy facility who were
following committee meeting: exposed to radiation but for whom it is not
Name: Advisory Board on Radiation and feasible to estimate their radiation dose, and DEPARTMENT OF HEALTH AND
Worker Health, National Institute for on whether there is reasonable likelihood HUMAN SERVICES
Occupational Safety and Health. that such radiation doses may have
Audio Conference Call Time and Date: 11 endangered the health of members of this Centers For Medicare & Medicaid
a.m.–4 p.m., EST, Tuesday, September 4, class. Services
2007. Matters To Be Discussed: The agenda for
Place: Audio Conference Call via FTS the conference call includes: Report of Board Privacy Act of 1974; Report of a
Conferencing. The USA toll free dial in Member Votes Recorded Since the Last Board Modified System of Records
number is 1–866–643–6504 with a pass code Meeting; Update on Rocky Flats Follow-Up
of 9448550. Actions; Update on SC&A Review of TBD AGENCY: Department of Health and
Status: Open to the public, but without a 6000 and General Steel Industries Appendix; Human Services (HHS), Center for
public comment period. Report on SC&A Contract Talks for FY08; Medicare & Medicaid Services (CMS).
Background: The Advisory Board was Discussions of Initial Steps for a Board
established under the Energy Employees Contractor for FY09 and Beyond; Report on ACTION:Notice of a Modified System of
Occupational Illness Compensation Program Privacy Act ‘‘Clearance’’ Procedures; Update Records (SOR).
Act of 2000 to advise the President on a on Letters to DOE and DOL on Chapman
variety of policy and technical functions Valve; Work Group Updates; Status of and SUMMARY: In accordance with the
required to implement and effectively Plans for Future Board Activities; and Board requirements of the Privacy Act of 1974,
manage the new compensation program. Key Working Time. we propose to modify an existing
functions of the Advisory Board include The agenda is subject to change as system titled, ‘‘National Emphysema
providing advice on the development of priorities dictate. Treatment Trial (NETT), System No. 09–
probability of causation guidelines which Recommended changes to the agenda from 70–0531,’’ established at 65 Federal
have been promulgated by the Department of the Office of General Counsel resulted in the
Register 47995 (August 4, 2000). We
Health and Human Services (HHS) as a final Federal Register notice being published less
that fifteen days before the date of the
propose to modify existing routine use
rule, advice on methods of dose
jlentini on PROD1PC65 with NOTICES

reconstruction which have also been meeting. number 1 that permits disclosure to
promulgated by HHS as a final rule, advice Because there is not a public comment agency contractors and consultants to
on the scientific validity and quality of dose period, written comments may be submitted. include disclosure to CMS grantees who
estimation and reconstruction efforts being Any written comments received will be perform a task for the agency. CMS
performed for purposes of the compensation included in the official record of the meeting grantees, charged with completing

VerDate Aug<31>2005 17:18 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1
47046 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices

projects or activities that require CMS agency or by a contractor, consultant, or 786–7205 or e-mail
data to carry out that activity, are CMS grantee; (2) assist another Federal Joanna.Baldwin@cms.hhs.gov.
classified separate from CMS or state agency to enable such agency to SUPPLEMENTARY INFORMATION:
contractors and/or consultants. The administer a Federal health benefits
modified routine use will remain as program, or to enable such agency to I. Description of the Proposed System of
routine use number 1. We will delete fulfill a requirement of a Federal statute Records
routine use number 4 authorizing or regulation that implements a health A. Statutory and Regulatory Basis for
disclosure to support constituent benefits program funded in whole or in SOR
requests made to a congressional part with Federal funds; (3) support
representative. If an authorization for research, evaluation, or epidemiological The statutory authority for this system
the disclosure has been obtained from projects related to the prevention of is given under the provisions of Section
the data subject, then no routine use is disease or disability, or the restoration 1862(a) (1) (A) of the Social Security
needed. The Privacy Act allows for or maintenance of health, and for Act, and 42 U.S.C. 1395, which states
disclosures with the ‘‘prior written payment related projects; (4) support that Medicare must provide coverage for
consent’’ of the data subject. litigation involving the agency; and (5) items and services that are ‘‘reasonable
We will broaden the scope of routine combat fraud, waste, and abuse in and necessary for the diagnosis or
uses number 5 and 6, authorizing certain health benefits programs. We treatment of illness or injury or to
disclosures to combat fraud and abuse have provided background information improve the functioning of a malformed
in the Medicare and Medicaid programs about the new system in the body member.’’
to include combating ‘‘waste’’ which SUPPLEMENTARY INFORMATION section B. Collection and Maintenance of Data
refers to specific beneficiary or recipient below. Although the Privacy Act in the System
practices that result in unnecessary cost requires only that CMS provide an
to all federally-funded health benefit This system will collect and maintain
opportunity for interested persons to
programs. Additionally, we will individually identifiable and other data
comment on the proposed routine uses,
broaden the scope of this system by collected on Medicare beneficiaries and
CMS invites comments on all portions
including the section titled ‘‘Additional providers participating in the study.
of this notice. See EFFECTIVE DATE
Circumstances Affecting Routine Use Data will be collected from Medicare
section for comment period.
Disclosures,’’ that addresses ‘‘Protected administrative and claims records,
Health Information (PHI)’’ and ‘‘small EFFECTIVE DATE: CMS filed a modified patient medical charts, physician
cell size.’’ The requirement for system report with the Chair of the records, and via survey instruments
compliance with HHS regulation House Committee on Government administered to beneficiaries and
‘‘Standards for Privacy of Individually Reform and Oversight, the Chair of the providers. The collected information
Identifiable Health Information’’ apply Senate Committee on Homeland will include, but is not limited to
when ever the system collects or Security and Governmental Affairs, and Medicare claims and eligibility data,
maintain PHI. This system may contain the Administrator, Office of Information name, address, telephone number,
PHI. In addition, our policy to prohibit and Regulatory Affairs, Office of health insurance claims number, race/
release if there is a possibility that an Management and Budget (OMB) on ethnicity, gender, date of birth, provider
individual can be identified through August 10, 2007. To ensure that all name, unique provider identification
‘‘small cell size’’ will apply to the data parties have adequate time in which to number, medical record number, as well
disclosed from this system. comment, the modified SOR, including as clinical, demographic, health/well-
We are modifying the language in the routine uses, will become effective 40 being, family and/or caregiver contact
remaining routine uses to provide a days from the publication of the notice, information, and background
proper explanation as to the need for the or from the date it was submitted to information relating to Medicare issues.
routine use and to provide clarity to OMB and the Congress, whichever is
later, unless CMS receives comments II. Agency Policies, Procedures, and
CMS’s intention to disclose individual-
that require alterations to this notice. Restrictions on Routine Uses
specific information contained in this
system. The routine uses will then be A. The Privacy Act permits us to
ADDRESSES: The public should address
prioritized and reordered according to disclose information without an
comments to: CMS Privacy Officer,
their usage. We will also take the individual’s consent if the information
Division of Privacy Compliance,
opportunity to update any sections of is to be used for a purpose that is
Enterprise Architecture and Strategy
the system that were affected by the compatible with the purpose(s) for
Group, Office of Information Services,
recent reorganization or because of the which the information was collected.
CMS, Room N2–04–27, 7500 Security
impact of the Medicare Prescription Any such disclosure of data is known as
Boulevard, Baltimore, Maryland 21244–
Drug, Improvement, and Modernization a ‘‘routine use.’’ The Government will
1850. Comments received will be
Act of 2003 (MMA) (Pub. L. 108–173) only release NETT information that can
available for review at this location, by
provisions and to update language in be associated with an individual as
appointment, during regular business
the administrative sections to provided for under ‘‘Section III.
hours, Monday through Friday from 9
correspond with language used in other Proposed Routine Use Disclosures of
a.m.–3 p.m., Eastern Time zone.
CMS SORs. Data in the System.’’ Both identifiable
The primary purpose of the system of FOR FURTHER INFORMATION CONTACT: and non-identifiable data may be
records is to collect and maintain data Joanna Baldwin, Health Insurance disclosed under a routine use. We will
that will allow CMS to provide secure Specialist, Division of Medical and only collect the minimum personal data
data on participants in the randomized Surgical Services, Coverage and necessary to achieve the purpose of
phase of the study, pay claims, and to Analysis Group, Office of Clinical NETT.
jlentini on PROD1PC65 with NOTICES

monitor and evaluate the clinical trial. Standards and Quality, CMS, Room C1– CMS has the following policies and
Information retrieved from this system 10–25, 7500 Security Boulevard, procedures concerning disclosures of
of records will also be disclosed to: (1) Baltimore, Maryland 21244–1850. Her information that will be maintained in
Support regulatory, reimbursement and telephone number is (410) 786–7205. the system. Disclosure of information
policy functions performed within the She can be reached by telephone at 410– from the system will be approved only

VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 47047

to the extent necessary to accomplish accomplishing CMS function relating to such litigation, and, by careful review,
the purpose of the disclosure and only purposes for this system. CMS determines that the records are
after CMS: CMS occasionally contracts out both relevant and necessary to the
1. Determines that the use or certain of its functions when doing so litigation and that the use of such
disclosure is consistent with the reason would contribute to effective and records by the DOJ, court or
that the data is being collected; e.g., to efficient operations. CMS must be able adjudicatory body is compatible with
collect and maintain data that will allow to give a contractor, consultant or CMS the purpose for which the agency
CMS to provide secure data on grantees whatever information is collected the records.
participants in the randomized phase of necessary for the contractor or Whenever CMS is involved in
the study, pay claims, and to monitor consultant to fulfill its duties. In these litigation, and occasionally when
and evaluate the clinical trial. situations, safeguards are provided in another party is involved in litigation
2. Determines that: the contract prohibiting the contractor, and CMS policies or operations could be
a. The purpose for which the consultant or CMS grantees from using affected by the outcome of the litigation,
disclosure is to be made can only be or disclosing the information for any CMS would be able to disclose
accomplished if the record is provided purpose other than that described in the information to the DOJ, court or
in individually identifiable form; contract and requires the contractor, adjudicatory body involved.
b. The purpose for which the consultant or CMS grantees to return or 5. To a CMS contractor (including, but
disclosure is to be made is of sufficient destroy all information at the not necessarily limited to, fiscal
importance to warrant the effect and/or completion of the contract. intermediaries and carriers) that assists
2. To another Federal or state agency in the administration of a CMS-
risk on the privacy of the individual that
to: administered health benefits program,
additional exposure of the record might
a. contribute to the accuracy of CMS’s or to a grantee of a CMS-administered
bring; and
proper payment of Medicare benefits; grant program, when disclosure is
c. There is a strong probability that
b. enable such agency to administer a deemed reasonably necessary by CMS to
the proposed use of the data would in
Federal health benefits program, or, as prevent, deter, discover, detect,
fact accomplish the stated purpose(s).
necessary, to enable such agency to investigate, examine, prosecute, sue
3. Requires the information recipient with respect to, defend against, correct,
to: fulfill a requirement of a Federal statute
or regulation that implements a health remedy, or otherwise combat fraud,
a. Establish administrative, technical, waste, and abuse in such program.
and physical safeguards to prevent benefits program funded in whole or in
part with Federal funds; and/or We contemplate disclosing
unauthorized use of disclosure of the information under this routine use only
c. assist Federal/state Medicaid
record; in situations in which CMS may enter
programs within the state.
b. Remove or destroy, at the earliest Other Federal or state agencies, in into a contractual, grantee, cooperative
time, all patient-identifiable their administration of a Federal health agreement or consultant relationship
information; and program, may require NETT information with a third party to assist in
c. Agree to not use or disclose the in order to support evaluations and accomplishing CMS functions relating
information for any purpose other than monitoring of Medicare claims to the purpose of combating fraud,
the stated purpose under which the information of beneficiaries, including waste, and abuse.
information was disclosed. proper reimbursement for services CMS occasionally contracts out
4. Determines that the data are valid provided. certain of its functions or makes grants
and reliable. 3. To an individual or organization for or cooperative agreements when doing
III. Proposed Routine Use Disclosures a research project or in support of an so would contribute to effective and
of Data in the System evaluation project related to the efficient operations. CMS must be able
prevention of disease or disability, the to give a contractor, grantee, consultant
A. The Privacy Act allows us to restoration or maintenance of health, or or other legal agent whatever
disclose information without an payment related projects. information is necessary for the agent to
individual’s consent if the information The NETT data will provide for fulfill its duties. In these situations,
is to be used for a purpose that is research or support of evaluation safeguards are provided in the contract
compatible with the purpose(s) for projects and a broader, longitudinal, prohibiting the agent from using or
which the information was collected. national perspective of the status of disclosing the information for any
Any such compatible use of data is Medicare beneficiaries. CMS anticipates purpose other than that described in the
known as a ‘‘routine use.’’ The proposed that many researchers will have contract and requiring the agent to
routine uses in this system meet the legitimate requests to use these data in return or destroy all information.
compatibility requirement of the Privacy projects that could ultimately improve 6. To another Federal agency or to an
Act. We are proposing to establish the the care provided to Medicare instrumentality of any governmental
following routine use disclosures of beneficiaries and the policies that jurisdiction within or under the control
information maintained in the system: govern their care. of the United States (including any State
1. To agency contractors, consultants 4. To the Department of Justice (DOJ), or local governmental agency), that
or CMS grantees, who have been court or adjudicatory body when: administers, or that has the authority to
engaged by the agency to assist in the a. the agency or any component investigate potential fraud, waste, or
performance of a service related to this thereof, or abuse in, a health benefits program
collection and who need to have access b. any employee of the agency in his funded in whole or in part by Federal
to the records in order to perform the or her official capacity, or funds, when disclosure is deemed
activity. c. any employee of the agency in his reasonably necessary by CMS to
jlentini on PROD1PC65 with NOTICES

We contemplate disclosing or her individual capacity where the prevent, deter, discover, detect,
information under this routine use only DOJ has agreed to represent the investigate, examine, prosecute, sue
in situations in which CMS may enter employee, or with respect to, defend against, correct,
into a contractual or similar agreement d. the United States Government, is a remedy, or otherwise combat fraud,
with a third party to assist in party to litigation or has an interest in waste, and abuse in such programs.

VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1
47048 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices

Other agencies may require NETT Automated Information Resources also patient medical charts, physician
information for the purpose of applies. Federal, HHS, and CMS records, and via survey instruments
combating fraud, waste, and abuse in policies and standards include but are administered to beneficiaries and
such Federally-funded programs. not limited to: All pertinent National providers. The collected information
Institute of Standards and Technology will include, but is not limited to
B. Additional Provisions Affecting
Routine Use Disclosures publications; the HHS Information Medicare claims and eligibility data,
Systems Program Handbook and the name, address, telephone number,
To the extent this system contains CMS Information Security Handbook. health insurance claims number, race/
Protected Health Information (PHI) as ethnicity, gender, date of birth, provider
defined by HHS regulation ‘‘Standards V. Effects of the Modified System of
name, unique provider identification
for Privacy of Individually Identifiable Records on Individual Rights
number, medical record number, as well
Health Information’’ (45 CFR Parts 160 CMS proposes to establish this system as clinical, demographic, health/well-
and 164, Subparts A and E) 65 FR 82462 in accordance with the principles and being, family and/or caregiver contact
(12–28–00). Disclosures of such PHI that requirements of the Privacy Act and will information, and background
are otherwise authorized by these collect, use, and disseminate information relating to Medicare issues.
routine uses may only be made if, and information only as prescribed therein.
as, permitted or required by the Data in this system will be subject to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
‘‘Standards for Privacy of Individually authorized releases in accordance with The statutory authority for this system
Identifiable Health Information.’’ (See the routine uses identified in this is given under the provisions of Section
45 CFR 164–512 (a) (1).) system of records. 1862(a)(1)(A) of the Social Security Act,
In addition, our policy will be to CMS will take precautionary and 42 U.S.C. 1395, which states that
prohibit release even of data not directly measures to minimize the risks of Medicare must provide coverage for
identifiable, except pursuant to one of unauthorized access to the records and items and services that are ‘‘reasonable
the routine uses or if required by law, the potential harm to individual privacy and necessary for the diagnosis or
if we determine there is a possibility or other personal or property rights of treatment of illness or injury or to
that an individual can be identified patients whose data are maintained in improve the functioning of a malformed
through implicit deduction based on this system. CMS will collect only that body member.’’
small cell sizes (instances where the information necessary to perform the
patient population is so small that system’s functions. In addition, CMS PURPOSE(S) OF THE SYSTEM:
individuals could, because of the small will make disclosure from the proposed The primary purpose of the system of
size, use this information to deduce the system only with consent of the subject records is to collect and maintain data
identity of the beneficiary). individual, or his/her legal that will allow CMS to provide secure
IV. Safeguards representative, or in accordance with an data on participants in the randomized
applicable exception provision of the phase of the study, pay claims, and to
CMS has safeguards in place for monitor and evaluate the clinical trial.
Privacy Act. CMS, therefore, does not
authorized users and monitors of such Information retrieved from this system
anticipate an unfavorable effect on
users to ensure against unauthorized of records will also be disclosed to: (1)
individual privacy as a result of
use. Personnel having access to the Support regulatory, reimbursement and
information relating to individuals.
system have been trained in the Privacy policy functions performed within the
Act and information security Dated: August 7, 2007.
agency or by a contractor, consultant, or
requirements. Employees who maintain Charlene Frizzera,
CMS grantee; (2) assist another Federal
records in this system are instructed not Chief Operating Officer, Centers for Medicare or state agency to enable such agency to
to release data until the intended & Medicaid Services.
administer a Federal health benefits
recipient agrees to implement SYSTEM NO.: program, or to enable such agency to
appropriate management, operational fulfill a requirement of a Federal statute
and technical safeguards sufficient to 09–70–0531.
or regulation that implements a health
protect the confidentiality, integrity and SYSTEM NAME: benefits program funded in whole or in
availability of the information and ‘‘National Emphysema Treatment part with Federal funds; (3) support
information systems and to prevent Trial (NETT),’’ HHS/CMS/OCSQ. research, evaluation, or epidemiological
unauthorized access. projects related to the prevention of
This system will conform to all SECURITY CLASSIFICATION:
disease or disability, or the restoration
applicable Federal laws and regulations Level Three Privacy Act Sensitive or maintenance of health, and for
and Federal, HHS, and CMS policies Data. payment related projects; (4) support
and standards as they relate to litigation involving the agency; and (5)
SYSTEM LOCATION:
information security and data privacy. combat fraud, waste, and abuse in
These laws and regulations may apply CMS Data Center, 7500 Security
Boulevard, North Building, First Floor, certain health benefits programs.
but are not limited to: The Privacy Act
of 1974; the Federal Information Baltimore, Maryland 21244–1850 and at ROUTINE USES OF RECORDS MAINTAINED IN THE
Security Management Act of 2002; the various other contractor locations. SYSTEM, INCLUDING CATEGORIES OR USERS AND
Computer Fraud and Abuse Act of 1986; THE PURPOSES OF SUCH USES:
CATEGORIES OF INDIVIDUALS COVERED BY THE
the Health Insurance Portability and SYSTEM: A. The Privacy Act allows us to
Accountability Act of 1996; the E- This system will collect and maintain disclose information without an
Government Act of 2002, the Clinger- individually identifiable and other data individual’s consent if the information
Cohen Act of 1996; the Medicare collected on Medicare beneficiaries and is to be used for a purpose that is
jlentini on PROD1PC65 with NOTICES

Modernization Act of 2003, and the providers participating in the study. compatible with the purpose(s) for
corresponding implementing which the information was collected.
regulations. OMB Circular A–130, CATEGORIES OF RECORDS IN THE SYSTEM: Any such compatible use of data is
Management of Federal Resources, Data will be collected from Medicare known as a ‘‘routine use.’’ The proposed
Appendix III, Security of Federal administrative and claims records, routine uses in this system meet the

VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices 47049

compatibility requirement of the Privacy investigate potential fraud or abuse in, and Federal, HHS, and CMS policies
Act. We are proposing to establish the a health benefits program funded in and standards as they relate to
following routine use disclosures of whole or in part by Federal funds, when information security and data privacy.
information maintained in the system: disclosure is deemed reasonably These laws and regulations may apply
1. To agency contractors, consultants necessary by CMS to prevent, deter, but are not limited to: The Privacy Act
or CMS grantees, who have been discover, detect, investigate, examine, of 1974; the Federal Information
engaged by the agency to assist in the prosecute, sue with respect to, defend Security Management Act of 2002; the
performance of a service related to this against, correct, remedy, or otherwise Computer Fraud and Abuse Act of 1986;
collection and who need to have access combat fraud, waste, and abuse in such the Health Insurance Portability and
to the records in order to perform the programs. Accountability Act of 1996; the E-
activity. B. Additional Provisions Affecting Government Act of 2002, the Clinger-
2. To another Federal or state agency Routine Use Disclosures Cohen Act of 1996; the Medicare
to: To the extent this system contains Modernization Act of 2003, and the
a. contribute to the accuracy of CMS’s Protected Health Information (PHI) as corresponding implementing
proper payment of Medicare benefits; defined by HHS regulation ‘‘Standards regulations. OMB Circular A–130,
b. enable such agency to administer a for Privacy of Individually Identifiable Management of Federal Resources,
Federal health benefits program, or, as Health Information’’ (45 CFR Parts 160 Appendix III, Security of Federal
necessary, to enable such agency to and 164, Subparts A and E) 65 FR 82462 Automated Information Resources also
fulfill a requirement of a Federal statute (12–28–00). Disclosures of such PHI that applies. Federal, HHS, and CMS
or regulation that implements a health are otherwise authorized by these policies and standards include but are
benefits program funded in whole or in routine uses may only be made if, and not limited to: All pertinent National
part with Federal funds; and/or as, permitted or required by the Institute of Standards and Technology
c. assist Federal/state Medicaid ‘‘Standards for Privacy of Individually publications; the HHS Information
programs within the state. Identifiable Health Information.’’ (See Systems Program Handbook and the
3. To an individual or organization for 45 CFR 164–512 (a) (1).) CMS Information Security Handbook.
a research project or in support of an In addition, our policy will be to
evaluation project related to the prohibit release even of data not directly RETENTION AND DISPOSAL:
prevention of disease or disability, the identifiable, except pursuant to one of CMS will retain information for a total
restoration or maintenance of health, or the routine uses or if required by law, period not to exceed 25 years. All
payment related projects. if we determine there is a possibility claims-related records are encompassed
4. To the Department of Justice (DOJ), that an individual can be identified by the document preservation order and
court or adjudicatory body when: through implicit deduction based on will be retained until notification is
a. the agency or any component small cell sizes (instances where the received from DOJ.
thereof, or patient population is so small that
b. any employee of the agency in his individuals could, because of the small SYSTEM MANAGER AND ADDRESS:
or her official capacity, or size, use this information to deduce the Director, Division of Medical and
c. any employee of the agency in his identity of the beneficiary). Surgical Services, Coverage and
or her individual capacity where the Analysis Group, Office of Clinical
POLICIES AND PRACTICES FOR STORING, Standards and Quality, CMS, Room C4–
DOJ has agreed to represent the
RETRIEVING, ACCESSING, RETAINING, AND
employee, or DISPOSING OF RECORDS IN THE SYSTEM:
10–10, 7500 Security Boulevard,
d. the United States Government, is a Baltimore, Maryland 21244–1850.
party to litigation or has an interest in STORAGE:
NOTIFICATION PROCEDURE:
such litigation, and, by careful review, All records are stored on electronic
CMS determines that the records are media. For purpose of access, the subject
both relevant and necessary to the individual should write to the system
RETRIEVABILITY: manager who will require the system
litigation and that the use of such
The collected data are retrieved by an name, employee identification number,
records by the DOJ, court or
individual identifier; e.g., beneficiary tax identification number, national
adjudicatory body is compatible with name or HICN, and unique provider
the purpose for which the agency provider number, and for verification
identification number. purposes, the subject individual’s name
collected the records.
5. To a CMS contractor (including, but SAFEGUARDS:
(woman’s maiden name, if applicable),
not necessarily limited to, fiscal HICN, and/or SSN (furnishing the SSN
CMS has safeguards in place for
intermediaries and carriers) that assists is voluntary, but it may make searching
authorized users and monitors such
in the administration of a CMS- for a record easier and prevent delay).
users to ensure against unauthorized
administered health benefits program, use. Personnel having access to the RECORD ACCESS PROCEDURE:
or to a grantee of a CMS-administered system have been trained in the Privacy For purpose of access, use the same
grant program, when disclosure is Act and information security procedures outlined in Notification
deemed reasonably necessary by CMS to requirements. Employees who maintain Procedures above. Requestors should
prevent, deter, discover, detect, records in this system are instructed not also reasonably specify the record
investigate, examine, prosecute, sue to release data until the intended contents being sought. (These
with respect to, defend against, correct, recipient agrees to implement procedures are in accordance with
remedy, or otherwise combat fraud, appropriate management, operational Department regulation 45 CFR 5b.5 (a)
waste, and abuse in such program. and technical safeguards sufficient to (2).)
6. To another Federal agency or to an protect the confidentiality, integrity and
jlentini on PROD1PC65 with NOTICES

instrumentality of any governmental availability of the information and CONTESTING RECORD PROCEDURES:
jurisdiction within or under the control information systems and to prevent The subject individual should contact
of the United States (including any State unauthorized access. the system manager named above, and
or local governmental agency), that This system will conform to all reasonably identify the record and
administers, or that has the authority to applicable Federal laws and regulations specify the information to be contested.

VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1
47050 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices

State the corrective action sought and intends to collect data on a new sample service needs and service utilization
the reasons for the correction with of children and families for the National also are addressed in the data collection.
supporting justification. (These Survey of Child and Adolescent Well- The current data collection plan calls
procedures are in accordance with Being (NSCAW). The NSCAW was for selecting a new cohort of 5,700
Department regulation 45 CFR 5b.7.) authorized under Section 427 of the children and families and repeating the
Personal Responsibility and Work data collection procedures used in the
RECORDS SOURCE CATEGORIES:
Opportunities Reconciliation Act of original study. Selection of a new cohort
The data collected and maintained in 1996. The original survey began in will allow the comparison of
this system are retrieved from Medicare November 1999 with a national sample characteristics of children who are
enrollment records, Medicare of 5,501 children, ages 0–14, who had entering the child welfare system today
beneficiaries or proxies, and medical been the subject of investigation by with those who entered prior to the
providers (such as physicians, medical Child Protective Services during the implementation of the Adoption and
facilities, home health care providers) baseline data collection period, which Safe Families Act and prior to the
for a sample of enrollees. extended from November 1999 through advent of the Child and Family Services
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS April 2000. Direct assessments and Review process. The data collection will
OF THE ACT: interviews were conducted with the follow the same format as that used in
None. children themselves, their primary previous rounds of data collection, and
caregivers, their caseworkers, and, for will employ, with only modest
[FR Doc. 07–4076 Filed 8–21–07; 8:45 am]
school-aged children, their teachers; revisions, the same instruments that
BILLING CODE 4120–03–P
agency directors also were interviewed have been used in previous rounds.
at baseline. Follow-up data collections Currently, HHS intends to collect
DEPARTMENT OF HEALTH AND were conducted 12 months, 18 months, baseline data and one follow-up 18
HUMAN SERVICES and 36 months post-baseline, and a fifth months later, with future follow-up
data collection is currently under way. rounds contingent on funding
Administration for Children and The NSCAW is the only source of availability. Data from NSCAW are
Families nationally representative, firsthand made available to the research
information about the functioning and community through licensing
Proposed Information Collection well-being, service needs, and service arrangements from the National Data
Activity; Comment Request utilization of children and families who Archive on Child Abuse and Neglect at
Proposed Projects: come to the attention of the child Cornell University.
Title: National Survey of Child and welfare system. Information is collected Respondents: 5,700 Children and
Adolescent Well-Being—Second Cohort about children’s cognitive, social, their associated permanent or foster
(NSCAW II). emotional, behavioral, and adaptive caregivers, caseworkers, and teachers; in
OMB No.: 0970–0202. functioning, as well as family and addition, an administrator will be
Description: The Department of community factors that are likely to interviewed in each location from
Health and Human Services (HHS) influence their functioning. Family which children are sampled.

ANNUAL BURDEN ESTIMATES


Number of Average
Number of Total burden
Instrument responses per burden hours
respondents hours
respondent per response

Child Interview ............................................................................................... 5,700 1 1.2 6,840


Permanent Caregiver Interview ..................................................................... 3,800 1 2.0 7,600
Foster Caregiver Interview ............................................................................ 1,990 1 1.5 2,985
Caseworker Interview .................................................................................... 5,700 1 1.0 5,700
Teacher Questionnaire .................................................................................. 3,000 1 .75 2,250
Agency Questionnaire ................................................................................... 97 1 1.0 97

Estimated Total Annual Burden infocollection@acf.hhs.gov. All requests other forms of information technology.
Hours: 25,472. should be identified by the title of the Consideration will be given to
In compliance with the requirements information collection. comments and suggestions submitted
of Section 506(c)(2)(A) of the Paperwork The Department specifically requests within 60 days of this publication.
Reduction Act of 1995, the comments on: (a) Whether the proposed
Dated: August 15, 2007.
Administration for Children and collection of information is necessary
Families is soliciting public comment for the proper performance of the Brendan C. Kelly,
on the specific aspects of the functions of the agency, including Reports Clearance Officer.
information collection described above. whether the information shall have [FR Doc. 07–4110 Filed 8–21–07; 8:45 am]
Copies of the proposed collection of practical utility; (b) the accuracy of the BILLING CODE 4184–07–M
information can be obtained and agency’s estimate of the burden of the
comments may be forwarded by writing proposed collection of information; (c)
to the Administration for Children and the quality, utility, and clarity of the
jlentini on PROD1PC65 with NOTICES

Families, Office of Administration, information to be collected; and (d)


Office of Information Services, 370 ways to minimize the burden of the
L’Enfant Promenade, SW., Washington, collection of information on
DC 20447, Attn: ACF Reports Clearance respondents, including through the use
Officer. E-mail address: of automated collection techniques or

VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1