Sec. 597. Provision of service records
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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. The Secretary of Defense shall ensure that the covered records of members are made available to the Secretary of Veterans Affairs as follows: With respect to a member of the Armed Forces who was discharged or released from the Armed Forces during the period beginning on September 11, 2001, and ending on the day before the date of the enactment of this Act, not later than 120 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 90 days after the date of such discharge or release. 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— the Secretary of Defense thoroughly 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 the Secretary of Defense will notify the Secretary of Veterans Affairs of such addition.
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. The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that the covered records of members of the Armed Forces that are available to the Secretary as of the date of the enactment of this Act are made electronically accessible and available in real-time to the Veterans Benefits Administration. In this section, the term covered records means, 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 to chapter 55 of title 10, United States Code.
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- 42 USC 1320d–2
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Sec. 597
Provision of service records
Cite42 USC 1320d–2
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