Content created by Freedom of Information Act (FOIA) Division
Agency: Health, Education, and Welfare
Date: September 11, 1978
Action: Final rule
Summary: This regulation exempts from certain provisions of the Privacy Act two systems of records maintained by the Department of Health, Education, and Welfare: The “Health Resources Utilization Statistics, DHEW/OASH/NCHS 09-37-0013" and the "Personnel Research…[text omitted]
The intended effect of this amendment is to exempt these two systems of records from the notification, access, correction, and amendment provisions of the Privacy Act.
Effective Date: September 11, 1978
For Further Information Contact:
Peter Gness, Acting Director, Fair Information Practice Staff, Room 526F, Humphrey Building, 200 Independence Avenue S.W., Washington, D.C. 20201, area code 202-245-7012.
Supplementary Information: On November 28, 1977, notice was published in the FEDERAL REGISTER (42 FR 60573) inviting written comments on the proposed exemption for the “Health Resources Utilization Statistics” and “Personnel Research…[text omitted] from the notification, access, correction, and amendment provisions of the Privacy Act. Since that notice both systems have been renumbered, and the second system has also been renamed. Both systems have remained otherwise unchanged. Their proper identifications are now “Health Resources Utilization Statistics, DHEW/OASH/NCHS 09-37-0013” and “Personnel Research…[text omitted]
One comment was received before the published due date, January 12, 1978. That comment supported the Secretary’s proposal regarding the “Health Resources Utilization Statistics” system and agreed that the Privacy Act exemption would encourage health care providers to supply more complete data for research conducted under the Health Services Research, Health Statistics and Medical Libraries Act.
After consideration of all relevant information regarding the two record systems, the Secretary finds that the “Health Resources Utilization Statistics” system complies with subsection (k)(4) of the Privacy Act in that it is “required by statute to be maintained and used solely as statistical records.” The Secretary further finds that the “Personnel Research…[text omitted]
45 CFR Part 5b.11 is revised by adding paragraphs (b)(2)(iii)(E) and (b)(2)(vi)(A) as follows:
§ 5b.11 Exemptions.
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(E) The Health Resources Utilization Statistics, DHEW/OASH/NCHS.
* * * * *
(vi) Pursuant to subsection (k)(6) of the Act:
(A) The Personnel Research…[text omitted]
Dated: September 1, 1978.
HALE CHAMPION,
Acting Secretary.
[FR Doc. 78-25458 Filed 9-8-78; 8:45 am]
42 FR 60573 (NPRM - EXCERPT) SORN 09-20-0167 (formerly numbered 09-37-0013)
Federal Register
Proposed Rules
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Office of the Secretary
[45 CFR Part 5b]
PRIVACY ACT
Proposed Exemptions
Agency: Health, Education, and Welfare
Date: November 28, 1977
Action: Proposed rule
Summary: The Secretary of Health, Education, and Welfare is proposing to exempt two systems of records from certain provisions of the Privacy Act in addition to those previously exempted. Both systems, the "Health Resources Utilization Statistics, HRA/NCHS 0041.01" and the "Personnel Research…[text omitted] are proposed to be exempted from the notification, access, correction, and amendment provisions of the Act. For explanations for the reasons for the exceptions see below.
Dates: Comments must be received on or before January 12, 1978.
Addresses: Director, Fair Information Practice Staff, Department of Health, Education, and Welfare, 200 Independence Avenue, SW, Washington, D.C. 20201.
For Further Information Contact:
L. David Taylor, Acting Director, Fair Information Practice Staff, Room 526E, South Portal Bldg., 200 Independence Avenue, SW, Washington, D.C. 20201, Area Code, 202-245-7012.
Supplementary Information: The “Health Resources Utilization Statistics” is a system of records maintained by the National Center for Health Statistics under the authority of the Health Services Research, Health Statistics and Medical Libraries Act of 1974, 42 U.S.C. 242k. It contains records on: (1) the utilization of nursing home facilities, including data on residents, (2) the demographic characteristics and medical problems of persons visiting physicians’ offices, (3) medical information, including diagnoses and surgical procedures abstracted from short-stay hospital medical records, and (4) family planning services provided by clinics participating in a nationwide reporting system including data on the recipients of these services.
Subsection (k)(4) of the Privacy Act authorizes the Secretary to exempt any system of records within the agency form certain provisions of the Act if the system of records is “required by statute to be maintained and used solely as statistical records.”
The Health Services Research, Health Statistics and Medical Libraries Act, requires that the “Health Resources Utilization Statistics” system be maintained and used solely for statistical research purposes. It is not used to make determinations about identifiable individuals.
The exemption is proposed for the “Health Resources Utilization Statistics” system to assure the continued cooperation of health care providers, including hospital and nursing home staffs and individual health care practitioners, who supply the records contained in the system. Many of these records are obtained with the understanding that the National Center for Health Statistics will not disclose individually identifiable records supplied by these sources to anyone, including patients or their agents. If this system of records is not exempted from the notification and access and correction and amendment provisions of the Privacy Act, the continued success of health research activities through the voluntary cooperation of these data sources cannot be guaranteed.
The “Personnel Research…[text omitted]
AUTHORITY: (5 U.S.C. 301, 5 U.S.C. 552a).
It is proposed to amend Part 5b of 45 CFR Subtitle A (40 FR 47409) as follows:
PART 5b—PRIVACY ACT REGULATION
1. By adding paragraphs (b)(2)(iii)(E) and (b)(2)(vi)(A) as follows:
§ 5b.11 Exemptions.
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(E) The Health Resources Utilization Statistics, HRA/NCHS.
* * * * *
(vi) Pursuant to subsection (k)(6) of the Act:
(A) The Personnel Research…[text omitted]
Dated: November 17, 1977.
HALE CHAMPION,
Acting Secretary.
[FR Doc. 77-34088 Filed 11-25-77; 8:45 am]