|
U.S. Code as of:
01/19/04
Section 1320b-11. Blood donor locator service
(a) In general
The Commissioner of Social Security shall establish and conduct a
Blood Donor Locator Service, which shall be used to obtain and
transmit to any authorized person (as defined in subsection (h)(1)
of this section) the most recent mailing address of any blood donor
who, as indicated by the donated blood or products derived
therefrom or by the history of the subsequent use of such blood or
blood products, has or may have the virus for acquired immune
deficiency syndrome, in order to inform such donor of the possible
need for medical care and treatment.
(b) Provision of address information
Whenever the Commissioner of Social Security receives a request,
filed by an authorized person (as defined in subsection (h)(1) of
this section), for the mailing address of a donor described in
subsection (a) of this section and the Commissioner of Social
Security is reasonably satisfied that the requirements of this
section have been met with respect to such request, the
Commissioner of Social Security shall promptly undertake to provide
the requested address information from -
(1) the files and records maintained by the Social Security
Administration, and
(2) such files and records obtained pursuant to section
6103(m)(6) of the Internal Revenue Code of 1986 as the
Commissioner of Social Security considers necessary to comply
with such request.
(c) Manner and form of requests
A request for address information under this section shall be
filed in such manner and form as the Commissioner of Social
Security shall by regulation prescribe, shall include the blood
donor's social security account number, and shall be accompanied or
supported by such documents as the Commissioner of Social Security
may determine to be necessary.
(d) Procedures and safeguards
Any authorized person shall, as a condition for receiving address
information from the Blood Donor Locator Service -
(1) establish and maintain, to the satisfaction of the
Commissioner of Social Security, a system for standardizing
records with respect to any request, the reason for such request,
and the date of such request made by or of it and any disclosure
of address information made by or to it,
(2) establish and maintain, to the satisfaction of the
Commissioner of Social Security, a secure area or place in which
such address information and all related blood donor records
shall be stored,
(3) restrict, to the satisfaction of the Commissioner of Social
Security, access to the address information and related blood
donor records only to persons whose duties or responsibilities
require access and to whom disclosure may be made under the
provisions of this section,
(4) provide such other safeguards which the Commissioner of
Social Security determines (and which the Commissioner of Social
Security prescribes in regulations) to be necessary or
appropriate to protect the confidentiality of the address
information and related blood donor records,
(5) furnish a report to the Commissioner of Social Security, at
such time and containing such information as the Commissioner of
Social Security may prescribe, which describes the procedures
established and utilized by the authorized person for ensuring
the confidentiality of address information and related blood
donor records required under this subsection, and
(6) destroy such address information and related blood donor
records, upon completion of their use in providing the
notification for which the information was obtained, so as to
make such information and records undisclosable.
If the Commissioner of Social Security determines that any
authorized person has failed to, or does not, meet the requirements
of this subsection, the Commissioner of Social Security may, after
any proceedings for review established under subsection (f) of this
section, take such actions as are necessary to ensure such
requirements are met, including refusing to disclose address
information to such authorized person until the Commissioner of
Social Security determines that such requirements have been or will
be met. In the case of any authorized person who discloses any
address information received pursuant to this section or any
related blood donor records to any agent, this subsection shall
apply to such authorized person and each such agent (except that,
in the case of an agent, any report to the Commissioner of Social
Security or other action with respect to the Commissioner of Social
Security shall be made or taken through such authorized person).
The Commissioner of Social Security shall destroy all related blood
donor records in the possession of the Social Security
Administration upon completion of their use in transmitting mailing
addresses as required under subsection (a) of this section, so as
to make such records undisclosable.
(e) Arrangements with State agencies and authorized persons
The Commissioner of Social Security, in carrying out the
Commissioner's duties and functions under this section, shall enter
into arrangements -
(1) with State agencies to accept and to transmit to the
Commissioner of Social Security requests for address information
under this section and to accept and to transmit such information
to authorized persons, and
(2) with State agencies and authorized persons otherwise to
cooperate with the Commissioner of Social Security in carrying
out the purposes of this section.
(f) Procedures for administrative review
The Commissioner of Social Security shall by regulation prescribe
procedures which provide for administrative review of any
determination that any authorized person has failed to meet the
requirements of this section.
(g) Unauthorized disclosure of information
Paragraphs (1), (2), and (3) of section 7213(a) of the Internal
Revenue Code of 1986 shall apply with respect to the unauthorized
willful disclosure to any person of address information or related
blood donor records acquired or maintained by or under the
Commissioner of Social Security, or pursuant to this section by any
authorized person, or of information derived from any such address
information or related blood donor records, in the same manner and
to the same extent as such paragraphs apply with respect to
unauthorized disclosures of return and return information described
in such paragraphs. Paragraph (4) of section 7213(a) of such Code
shall apply with respect to the willful offer of any item of
material value in exchange for any such address information or
related blood donor record in the same manner and to the same
extent as such paragraph applies with respect to offers (in
exchange for any return or return information) described in such
paragraph.
(h) Definitions
For purposes of this section -
(1) Authorized person
The term "authorized person" means -
(A) any agency of a State (or of a political subdivision of a
State) which has duties or authority under State law relating
to the public health or otherwise has the duty or authority
under State law to regulate blood donations, and
(B) any entity engaged in the acceptance of blood donations
which is licensed or registered by the Food and Drug
Administration in connection with the acceptance of such blood
donations, and which, in accordance with such regulations as
may be prescribed by the Commissioner of Social Security,
provides for -
(i) the confidentiality of any address information received
pursuant to this section and related blood donor records,
(ii) blood donor notification procedures for individuals
with respect to whom such information is requested and a
finding has been made that they have or may have the virus
for acquired immune deficiency syndrome, and
(iii) counseling services for such individuals who have
been found to have such virus.
(2) Related blood donor record
The term "related blood donor record" means any record, list,
or compilation which indicates, directly or indirectly, the
identity of any individual with respect to whom a request for
address information has been made pursuant to this section.
(3) State
The term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Marianas, and the Trust Territory of
the Pacific Islands.
|
|