VA Claims, Operations, and Records Efficiency Act

VA Claims, Operations, and Records Efficiency Act - Directs the Secretary of Defense (DOD) to make the service treatment records, personal records, unit records, and medical records (service records) of each member of the Armed Forces available to the Secretary of Veterans Affairs (VA) in an electronic format. Provides post-discharge or release timelines for such availability. Requires each service record provided to include a DOD certification of the record's completeness.

Deems such service record release a permitted disclosure under requirements of the Health Insurance Portability and Accountability Act of 1996.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1729 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1729

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


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.
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