H.R. 1729 – Reading Mode

113th CONGRESS

1st Session

H. R. 1729

IN THE HOUSE OF REPRESENTATIVES

April 25, 2013

Mrs. Kirkpatrick (for herself and Mr. Coffman) introduced the following bill; which was referred to the Committee 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.

Short title

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

Provision of service records

(a)

In general

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

(b)

Timeline

The Secretary of Defense shall ensure that the covered records of members are made available to the Secretary of Veterans Affairs as 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 under subsection (a), the Secretary of Defense shall transmit to the Secretary of Veterans Affairs a letter certifying that—

(1)

the Secretary of Defense thoroughly 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)

the Secretary of Defense will notify the Secretary of Veterans Affairs of 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–2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure.

(e)

Covered records defined

In this section, the term covered records means, 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 to chapter 55 of title 10, United States Code.