[Federal Register: November 6, 2003 (Volume 68, Number 215)]
[Rules and Regulations]
[Page 62750-62751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no03-13]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR part 5b
Privacy Act; Implementation
AGENCY: Office of the Secretary, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office for Civil Rights (OCR) of the Department of Health
and Human Services has implemented a new system of records (SOR)
entitled the ``Program Information Management System (PTMS), HHS/OS/OCR
(09-90-0052).'' This system has replaced OCR's two previous systems of
records, the ``Case Information Management System (CIMS), HHS/OS/OCR
(09-90-0050),'' and the ``Complaint File and Log, HHS/OS/OCR (09-90-
0051).'' PIMS is a new integrated system with enhanced electronic
storage, retrieval and tracking capacities. The final rule exempts the
investigative records in PIMS from the notification, access, correction
and amendment provisions of the Privacy Act, 5 U.S.C. 552a, pursuant to
subsection (k)(2), which applies to investigative materials compiled
for law enforcement purposes.
DATES: This is effective on November 6, 2003.
FOR FURTHER INFORMATION CONTACT: Norman Oslik, Chief Information
Officer, Office for Civil Rights, Department of Health and Human
Services, Room 509F, Hubert H. Humphrey Building, 200 Independence
Avenue, SW., Washington, DC 20201. Telephone number: (202) 619-0553.
(TTY No. 1-800-537-7697).
SUPPLEMENTARY INFORMATION: The Office for Civil Rights (OCR) is
responsible for enforcing Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, the Age Discrimination
Act of 1975, and other statutes that prohibit discrimination by
programs or entities that receive Federal financial assistance.
Additionally, OCR has jurisdiction over Federally conducted programs in
cases involving disability based discrimination under section 504 of
the Rehabilitation Act, over state and local public entities in cases
involving disability based discrimination under Title II of the
Americans with Disabilities Act of 1990 and certain health plans,
health clearing houses, and health care providers with respect to
enforcement of medical privacy obligations under the Heath Insurance
Portability and Accountability Act (HIPAA).
Formerly, OCR maintained two systems of records: The ``Case
Information Management System (CIMS) HHS/OS/OCR (09-90-0050),'' and the
``Complaint File and Log, HHS/OS/OCR (09-90-0051).'' CIMS included the
Case Activity Tracking System (CATS) which was created to use newer
technology (i.e., moved CIMS off a mainframe computer onto a local
network environment), but continued to collect and store the same
information as in CIMS. Records maintained in the Complaint File and
Log were exempted
[[Page 62751]]
from the notification, access, correction and amendment provisions of
the Privacy Act under subsection (k)(2) concerning records compiled for
law enforcement purposes. 49 FR 14107 (April 10, 1984).
Pursuant to the notification of a new system of records (SOR),
published in the Federal Register on September 6, 2002 (67 FR 57011),
OCR implemented a new system of records, Program Information Management
System (PIMS), HHS/OS/OCR (09-90-0052). PIMS is used by OCR staff and
consists of an electronic repository of information and documents and
supplementary paper document files. PIMS effectively combines and
replaces OCR's two former systems of records (CIMS and Complaint File
and Log) into a single integrated system with enhanced electronic
storage, retrieval and tracking capacities. While the types of
information collected and stored in PIMS are the same as those stored
in CIMS and Complaint File and Log, PIMS allows OCR to more effectively
manage the data it collects.
OCR investigative files maintained in PIIMS either as paper records
or electronic documents are records compiled for law enforcement
purposes. In the course of investigations, OCR often has a need to
obtain confidential information involving individuals other than the
complainant. In these cases, it is necessary for OCR to preserve the
confidentiality of this information to avoid unwarranted invasions of
personal privacy and to assure recipients of Federal financial
assistance that such information provided to OCR will be kept
confidential. This assurance is often central to resolving disputes
concerning access by OCR to the recipient's records, and is necessary
to facilitate prompt and effective completion of the investigations.
Unrestricted disclosure of confidential information in OCR files
can impede ongoing investigations, invade personal privacy of
individuals, reveal the identities of confidential sources, or
otherwise impair the ability of OCR to conduct investigations. For
these reasons, the Department published a notice of proposed
rulemaking, 67 FR 56252 (September 3, 2002) to exempt all investigative
records maintained in PIMS from the notification, access, correction
and amendment provisions under subsection (k)(2) of the Privacy Act.
The Department received no public comments.
List of Subjects in 45 CFR Part 5b
Privacy.
0
For reasons set out in the preamble, the Department's Privacy Act
Regulation, part Sb of 45 CFR Subtitle A, is amended as follows:
PART 5b--PRIVACY ACT REGULATIONS
0
1. The authority citation for part 5b continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552a.
0
2. Section 5b.11 is amended by adding paragraph (b)(2)(ii)(G) to read
as follows:
Sec. 5b.11 Exempt systems.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(G) Investigative materials compiled for law enforcement purposes
for the Program Information Management System, HHS/OS/OCR.
* * * * *
Dated: August 29, 2003.
Richard M. Campanelli,
Director, Office for Civil Rights.
Dated: October 28, 2003.
Tommy G. Thompson,
Secretary.
[FR Doc. 03-27716 Filed 11-5-03; 8:45 am]
BILLING CODE 4153-01-P