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System
name: Ricky Ray
Hemophilia Relief Fund Act of 1998, HHS/HRSA/BHPr
Security classification:
None.
System location:
- Ricky
Ray Program Office, Bureau of Health Professions,
Health Resources and Services Administration,
Room 8-05, Parklawn Building, 5600 Fishers
Lane, Rockville, Maryland 20857.
Categories of individuals
covered by the system: Petitioners
and/or their representatives (if any) filing
for compensation under the Ricky Ray Hemophilia
Relief Fund Act of 1998.
Categories of records
in the system: Records consist of documents
which may include general or Congressional correspondence,
Notice of Intent to File a Petition, case number
assignment, HHS responses, medical and legal
documentation, payment information, and other
related case processing documents.
Authority for maintenance
of the system: The authority for management
of the system is governed by Pub. L. 105-369,
Ricky Ray Hemophilia Relief Fund Act of 1998,
enacted November 12, 1998 (42 U.S.C. 300c—22)
which provides for compassionate payments with
regard to certain individuals with blood-clotting
disorders, such as hemophilia, who contracted
human immunodeficiency virus (HIV) due to contaminated
anti-hemophilic factor within specified time
periods.
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 petitioner,
in response to an inquiry from the Congressional
office made at the request of the petitioner.
-
In the event of litigation where the defendant
is:
(a) The Department, any component of the Department,
or any ehtployee of the Department in his
or her official capacity;
(b) 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
(c) Any Department employee in his or her
individual capacity where the Justice Department
has agreed to represent such employee, for
example in defending against a claim based
upon an individual’s mental or physical
condition and alleged to have arisen because
of activities of the Public Health Service
in connection with such individual, the Department
may disclose such records as it deems desirable
or necessary 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.
-
HRSA may disclose records to Department contractors
and subcontractors for the purposes of conducting
data analysis for program evaluations, compiling
managerial and statistical reports, and record
systems processing and refinement.
-
HRSA may contract with expert consultants
for the purpose of obtaining advice on petitioner’s
eligibility for compensation.Relevant
records may be disclosed to such consultants.
The consultants shall be required to maintain
Privacy Act safeguards with respect to such
records and return all records to HRSA.
- 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, 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 the responsibility
of investigating or prosecuting such violation,
or
charged with enforcing or implementing the
statute, rule, regulation or order issued
pursuant thereto, provided that such disclosure
is compatible with the purpose for which records
were collected.
Policies and practices
for storing, retrieving, accessing, retaining,
and disposing of records in the system:
- Storage: Records are maintained
in file folders, on computer hard drives and/or
disk packs.
- Retrievability: Retrievability
will be by case number and/or name of petitioner.
- Safeguards:
- Assign Responsibility
for Security: Assign responsibility for
security to a management official knowledgeable
in the nature of the information and process
supported by the application and in the
management, personnel, operational, and
technical controls used to protect it.
- Perform Risk Assessment:
A risk assessment shall be conducted in
conjunction with the development of and
prior to the approval of the system design
and shall ensure that vulnerabilities,
risks, and other security concerns are
identified and addressed in the system
design and throughout the life cycle of
the project. This shall be consistent
with the HHS Automated Information Systems
Security Program Handbook (in particular
Chapters V and X).
- Develop Application
Security Plan: Plan for the adequate security
of the application, taking into account
the security of all systems in which the
application will operate. Application
security plans shall address application
rules, training on use of the system,
personnel security, contingency planning,
technical controls, information sharing,
and public access controls.
- Review Application
Controls: Perform an independent review
or audit of the security control in the
application at least every 3 years.
- Authorize Processing:
Ensure that a management official authorizes
in writing confirming that its security
plan as implemented adequately secures
the application. The application must
be authorized prior to operating and reauthorized
at least every 3 years thereafter. Management
authorization implies accepting the risk
of each system used by the application.
- Implementation Guidelines:
DHHS Chapter 45-13 and supplementary Chapter
PHS.hf: 45-13 of the General Administration
Manual; the DHHS Automated Information
Systems Security Program Handbook; and
Appendix III to 0MB Circular No. A-l30;
Appendix I, Federal Agency Responsibilities
for Maintaining Records About Individuals.
Retention and disposal:
Records will be retained for 6 years after the
program is closed, and then destroyed.
System manager(s)
and address:
- Program Manager, Ricky Ray
Program Office, Bureau of Health Professions,
Health Resources and Services Administration,
Parklawn Building, Room 8-05, 5600 Fishers
Lane, Rockville, MD 20857.
Notification procedure:
Requests must be made to the System
Manager.
Requests in person:
An individual who appears at the site
where records are stored seeking access to or
disclosure of records relating to him/her shall
provide his/her name, current address, and at
least one piece of identification such as driver’s
license, passport, voter registration card,
or union card. Identification with a current
photograph is 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 records and that provided by
the individual requesting access to the records.
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 his/her signature
for comparison purposes.
Requests by telephone:
Since positive identification of the
caller cannot be established, telephone requests
are not honored.
Record access procedures:
Same as notification procedures. Requesters
should also reasonably specify the record contents
being sought. Individuals may also request an
accounting of disclosures that may have been
made of their records, if any.
Contesting record
procedure: Contact the System Manager
at the address specified above and reasonably
identify the record, specify the information
being contested, and state the corrective action
and the reason(s) for requesting the correction,
along with supporting justification to show
how the record is inaccurate, incomplete, untimely,
or irrelevant.
Record source categories:
Petitioners and/or their representatives
under the Ricky Ray Hemophilia Relief Fund Act
of 1998.
Systems exempted from
certain provisions of the act: None.
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