skip to main content

H.R. 1729 (113th): VA Claims, Operations, and Records Efficiency Act


The text of the bill below is as of Apr 25, 2013 (Introduced). The bill was not enacted into law.


I

113th CONGRESS

1st Session

H. R. 1729

IN THE HOUSE OF REPRESENTATIVES

April 25, 2013

(for herself andMr. Coffman) introduced the following bill; which was referred to theCommittee on Armed Services

A BILL

To direct the Secretary of Defense to provide the service records of veterans to the Secretary of Veterans Affairs in an efficient, electronic format.

1.

Short title

This Act may be cited as the VA Claims, Operations, and Records Efficiency Act .

2.

Provision of service records

(a)

In general

In accordance withsubsection (b), theSecretary of Defense, in consultation with theSecretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to theSecretary of Veterans Affairsin an electronic format.

(b)

Timeline

TheSecretary of Defenseshall ensure that the covered records of members are made available to theSecretary of Veterans Affairsas follows:

(1)

With respect to a member of the Armed Forces who was discharged or released from the Armed Forces before the date of the enactment of this Act, not later than 45 days after the date of such discharge or release.

(2)

With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after the date of the enactment of this Act, not later than 21 days after the date of such discharge or release.

(c)

Certification

For each member of the Armed Forces whose covered records are made available undersubsection (a), theSecretary of Defenseshall transmit to theSecretary of Veterans Affairsa letter certifying that—

(1)

theSecretary of Defensethoroughly reviewed the records of the member;

(2)

the information provided in the covered records of such member is complete as of the date of the letter;

(3)

no other information that should be included in such covered records exist as of such date; and

(4)

if other information is later discovered—

(A)

such other information will be added to such covered records; and

(B)

theSecretary of Defensewill notify theSecretary of Veterans Affairsof such addition.

(d)

Sharing of protected health information

For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996( 42 U.S.C. 1320d–2note), making medical records available to theSecretary of Veterans Affairsundersubsection (a)shall be treated as a permitted disclosure.

(e)

Covered records defined

In this section, the termcovered recordsmeans, with respect to a member of the Armed Forces—

(1)

service treatment records;

(2)

accompanying personal records;

(3)

relevant unit records; and

(4)

medical records created by reason of treatment or services received pursuant tochapter 55 of title 10, United States Code.