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System of Record Notice 09-15-0038
 

 

 

 

 

System name: Disability Claims of the Nursing Student Loan Program, HHS/HRSA/BPHC.

Security classification: None.

System location:

  • Division of Student Assistance, Bureau of Health Professions, Health Resources and Services Administration, 5600 Fishers Lane, Room 8-34, Rockville, MD 20857.
  • Washington National Records Center, 4204 Suitland Road, Suitland, MD 20409.

Categories of individuals covered by the system: Applicants for cancellation of nursing student loans due to disability.

Categories of records in the system: Letter requests claiming disability, correspondence, payment determinations and medical records or reports.

Authority for maintenance of the system: Section 836 of the Public Health Service Act, as amended (42 U.S.C. 29Th), Nursing Student Loan Provisions.

Purpose(s): To determine the eligibility of applicants who request loan cancellation due to total and permanent disability.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

Disclosure may be made to a congressional office from the record of an individual in response to a verified inquiry from the congressional office made at the written request of that individual. In the event of litigation where the defendant is

  1. Disclosure may be made to a congressional office from the record of an individual in response to a verified inquiry from the congressional office made at the written request of that individual.
  2. In the event of litigation where the defendant is:
    1. The Department, any component of the Department, or any employee of the Department in his or her official capacity;
    2. The United States where the Department determines that the claim, if successful, is likely to directly affect the operations of the Department or any of its components; or
    3. Any Department employee in his or her individual capacity where the Justice Department has agreed to represent such employee, for example in defending a claim against the Public Health Service based upon an individualTs mental or physical condition and alleged to have arisen because of activities of the Public Health Service in connection with such individual, disclosure may be made to the Department of Justice to enable that Department to present an effective defense, provided that such disclosure is compatible with the purpose for which the records were collected.
  3. 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 to the appropriate agency, whether Federal, State or local, charged with enforcing or implementinq the statute or rule, regulation or order issued pursuant thereto.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

  • Storage: File folders. Medical records and reports are temporarily held during medical evaluation and then returned to and retained by nursing schools upon final determination of claim validity.
  • Retrievability: Name of individual.
  • Safeguards:
    1. Authorized users: Access to Borrower’s Files is limited to only those individuals within the Department having a substantiated need for information. These individuals must have available proof of employment.
    2. Physical safeguards: File folders, medical records, reports and other forms of personal data are stored in areas where files are locked or rooms locked during off duty hours.
    3. Procedural safeguards: All users of personal information in connection with the performance of their job protect information from public view and from unauthorized personnel entering an unsupervised office. Access to records is strictly limited to those staff members training in accordance with the Privacy Act.
    4. Implementation guidelines: HHS Chapter 45-13 and supplementary Chapter PHS.hf: 45-13 of the General dministration Manual.

Retention and disposal: Records will be retained for 6 years after phase out of loan program; 1 year on site and 5 years at the Federal Records Center. Records are disposed of in accordance with the Records Control Schedule of the Health Resources and Services Administration. Contact the System Manager for the disposal standards.

System manager(s) and address:

  • Associate Division Director, Office for Campus Based Programs, Division of Student Assistance, Bureau of Health Professions, Health Resources and Services Administration, 5600 Fishers Lane, Room 8-34, Rockville, MD 20857.

Notification procedure: Request must be made to the System Manager. An individual who requests notification of, or access to, a medical record shall at the time the request is made, designate in writing a responsible representative who will be willing to review the record and inform the subject individual of its contents at the representative’s discretion.

Requests in person: A subject individual who appears in person at a specific location seeking access or disclosure of records relating to him/her shall provide his/her name, current address, and at least one piece of tangible identification such as driver’s license, passport, voter registration card, or union card. Identification papers with current photographs are preferred but not required. Additional identification may be requested when there is a request for access to records which contain an apparent discrepancy between information contained in the record and that provided by the individual requesting access to the record. No verification of identity shall be required where the record is one which is required to be disclosed under the Freedom of Information Act.

Requests by mail: Requests for information and/or access to records received by mail must contain information providing the identity of the writer and a reasonable description of the record desired. Written requests must contain the name and address of the requester, his/her date of birth and at least one piece of information which is also contained in the subject record, and his/ her signature f or comparison purposes.

Requests by telephone: Since positive identification of the caller cannot be established, telephone requests are not honored.

Record access procedures: Contact the Systems Manager and give a reasonable description of the record. An individual who requests access of a medical record shall at the time the request is made, designate in writing a responsible representative who will be willing to review the record and inform the subject individual of its contents at the representative’s discretion.

Contesting record procedures: Contact the System Manager and reasonably identify the record, specify the information being contested, and state corrective action sought with supporting justification. The right to contest records is limited to information which is incomplete, irrelevant, incorrect, or untimely (obsolete) Record source categories: Individual claimants.

Systems exempted from certain provisions of the act: None.