H. R. 1729
IN THE HOUSE OF REPRESENTATIVES
April 25, 2013
Mrs. Kirkpatrick(for herself andMr. Coffman) introduced the following bill; which was referred to theCommittee on Armed Services
To direct the Secretary of Defense to provide the service records of veterans to the Secretary of Veterans Affairs in an efficient, electronic format.
This Act may be cited as the
VA Claims, Operations, and Records
Provision of service records
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.
TheSecretary of Defenseshall ensure that the covered records of members are made available to theSecretary of Veterans Affairsas follows:
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.
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.
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—
theSecretary of Defensethoroughly reviewed the records of the member;
the information provided in the covered records of such member is complete as of the date of the letter;
no other information that should be included in such covered records exist as of such date; and
if other information is later discovered—
such other information will be added to such covered records; and
theSecretary of Defensewill notify theSecretary of Veterans Affairsof such addition.
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.
Covered records defined
In this section, the termcovered recordsmeans, with respect to a member of the Armed Forces—
service treatment records;
accompanying personal records;
relevant unit records; and
medical records created by reason of treatment or services received pursuant tochapter 55 of title 10, United States Code.