Library / Laws / 113th / hr / H.R. 1729 / Introduced in House
I
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.
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 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.