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Department of Health and Human Services (HHS)
Office of the Secretary of Health and Human Services
45 CFR Part 5b
Privacy Act of 1974; Exempt Record System
Date: December 22, 1982
Action: Final rule.
Summary: The Office of the Secretary of the Department of Health and Human Services is amending its Privacy Act Regulations to exempt the system of records, "Civil and Administrative Investigative Files of the Inspector General, HHS/OS/OIG," from certain provisions of the Privacy Act. This exemption is authorized by subsection (k)(2) of the Privacy Act, which applies to investigative materials compiled for law enforcement purposes. The Office of Inspector General (OIG) is authorized to gather information for civil and administrative law enforcement purposes under Pub. L. 94-505, establishing the HHS Office of Inspector General, and section 1128A of the Social Security Act, authorizing civil money penalties for the filing of false claims in certain health care financing programs. In order to maintain the integrity of the OIG investigative process and to assure that the OIG will be able to obtain access to complete and accurate information, the Department is exempting this system, under subsection (k)(2), from the notification, access, correction and amendment provisions of the Privacy Act.
Date: This amendment is effective January 21, 1983.
For Further Information Contact: Richard McGowan, Public Affairs Officer, Office of Inspector General, Department of Health and Human Services, Room 5267 North Building, 330 Independence Avenue, S.W., Washington, D.C. 20201 or call (202) 472-3142.
Supplementary Information: On September 30, 1982, a notice of proposed rulemaking concerning the amendment to the Department's Privacy Act Regulations was published in the Federal Register (47 FR 43099) and invited public comments by November 1, 1982. No comments were received.
The Office of Inspector General is expanding its responsibilities in the area of civil and administrative investigations involving DHHS programs and operations. This requires the establishment of a records system to document the investigations which will be conducted by the OIG or other investigative agencies; to improve the tracking of reviews conducted because of allegations and complaints received by DHHS or other agencies concerning DHHS programs, or current or former HHS personnel; to improve the reporting of the results of civil and administrative investigations to other components of the Department for their use in operating and evaluating their programs; and to assist in civil and administrative proceedings, including proceedings under section 1128A of the Social Security Act (establishing civil monetary penalties in the Medicare, Medicaid, and Maternal and Child Health programs).
This system will contain sensitive investigative records, the release of which could impede on-going investigations, violate the privacy rights of individuals other than the subjects of the investigations, reveal the identities of confidential sources, or otherwise impair the ability of the Office of Inspector General to conduct civil and administrative investigations. For these reasons, the Department is exempting this system, under subsection (k)(2) of the Privacy Act, from the notification, access, correction and amendment provisions of the Privacy Act.
The exemption does not meet the standards set forth in Executive Order 12291 for classification as a major rule, and no regulatory analysis statement is required.
The Secretary certifies that the exemption will not have a significant impact on any substantial number of small entities as defined by the Regulatory Flexibility Act, Pub. L. 96-354.
List of Subjects in 45 CFR Part 5b
Privacy.
Part 5b – Privacy Act Regulations
Accordingly, the Department's Privacy Act Regulations, Part 5b of 45 CFR Subtitle A is amended as follows:
1. In § 5b.11 by adding paragraph (b)(2)(ii)(D) as follows:
§ 5b.11 Exemptions.
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(D) Civil and Administrative Investigative Files of the Inspector General, HHS/OS/OIG.
(5 U.S.C. 552a)
Dated: December 3, 1982.
RICHARD S. SCHWEIKER,
Secretary.
[FR Doc. 82-34705 Filed 12-21-82; 8:45 am]
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