
[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Notices]               
[Page 27044-27045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-68]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0377]

 
Health Information Privacy Program

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces provisions to allow for appropriate 
uses and disclosures of protected health information concerning members 
of the Armed Forces to assure the proper execution of the military 
mission. This notice updates information the Coast Guard provided on 
April 28, 2003 (68 FR 22407). A similar notice was published by the 
Department of Defense for members of the Armed Forces within their 
jurisdiction (68 FR 17357, Apr. 9, 2003).

DATES: This notice is effective on June 5, 2009.

ADDRESSES: The docket for this notice is available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
selecting the Advanced Docket Search option on the right side of the 
screen, inserting USCG-2009-0377 in the Docket ID box, pressing Enter, 
and then clicking on the item in the Docket ID column.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail, LCDR Michael Clay, Health Insurance Portability and 
Accountability Act (HIPAA) Privacy & Security Officer, Office of Health 
Services, Health, Safety, and Work-Life Directorate, U.S. Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, 
telephone 202-475-5209, e-mail Michael.C.Clay@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Under 45 CFR part 164, ``Standards for Privacy of Individually 
Identifiable Health Information,'' a covered entity may use and 
disclose the protected health information of individuals who are Armed 
Forces personnel for activities deemed necessary by

[[Page 27045]]

appropriate military command authorities to assure the proper execution 
of the military mission. However, the appropriate military authority 
must publish a notice in the Federal Register indicating the 
appropriate military command authorities and the purposes for which the 
protected health information may be used or disclosed (45 CFR 
164.512(k)). The Coast Guard first published a notice in the Federal 
Register on April 28, 2003 (68 FR 22407). The Department of Defense 
published a notice with respect to members of the Armed Forces within 
the jurisdiction of that Department (68 FR 17357, Apr. 9, 2003).
    This June 5, 2009 notice updates the Coast Guard's April 28, 2003, 
notice, and implements the provisions of 45 CFR part 164 with respect 
to members of the Coast Guard or members of the other Armed Forces 
falling within the Coast Guard's jurisdiction. This notice updates the 
April 28, 2003, notice by adding current versions to references noted 
in paragraphs 3.1 and 3.3, and adding the reference, Commandant 
Instruction (COMDTINST) 6150.3 (series), to paragraph 3.1.
    Under 45 CFR 164.512(k)(1)(i), the Coast Guard has established the 
following provisions:
    1. General rule. A covered entity (including a covered entity not 
part of or affiliated with the Department of Homeland Security) may use 
and disclose the protected health information of individuals who are 
Armed Forces personnel for activities deemed necessary by appropriate 
military command authorities to assure the proper execution of the 
military mission.
    2. Appropriate Military Command Authorities. For purposes of 
paragraph 1, appropriate Military Command authorities are the 
following:
    2.1. All Commanders who exercise authority over an individual who 
is a member of the Armed Forces, or other persons designated by such a 
Commander to receive protected health information in order to carry out 
an activity under the authority of the Commander.
    2.2. The Secretary of Homeland Security, when the Coast Guard is 
not operating as a service in the Department of the Navy.
    2.3. Any official delegated authority by the Secretary of Homeland 
Security to take an action designed to ensure the proper execution of 
the military mission.
    3. Purposes for which protected health information may be used or 
disclosed. For purposes of paragraph 1, the purposes for which any and 
all of the protected health information of an individual who is a 
member of the Armed Forces may be used or disclosed are as follows:
    3.1. To determine the member's fitness for duty, including but not 
limited to, the member's compliance with standards and all other 
activities carried out under the authority of COMDTINST M1020.8 
(series), ``Allowable Weight Standards for the Health and Well-being of 
Coast Guard Military Personnel''; COMDTINST M1850.2 (series), 
``Physical Disability Evaluation System''; COMDTINST 6150.3 (series), 
``Coast Guard Periodic Health Assessment (PHA)''; and similar 
requirements pertaining to fitness for duty.
    3.2. To determine the member's fitness to perform any particular 
mission, assignment, order, or duty, including any actions required as 
a precondition to performance of such a mission, assignment, order, or 
duty.
    3.3. To carry out activities under the authority of COMDTINST 
M6000.1 (series), ``The Coast Guard Medical Manual,'' chapter 12 
(Occupational Medical Surveillance & Evaluation Program).
    3.4. To report on casualties in any military operation or activity 
according to applicable Coast Guard regulations or procedures.
    3.5. To carry out any other activity necessary to the proper 
execution of the mission of the Armed Forces.
    This notice is issued under authority of 45 CFR 164.512(k) and 5 
U.S.C. 552(a).

    Dated: May 20, 2009.
Mark J. Tedesco,
Rear Admiral, USPHS, Director, Office of Health, Safety and Work-life, 
U.S. Coast Guard.
[FR Doc. E9-13105 Filed 6-4-09; 8:45 am]

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