§ 5705. Confidentiality of medical quality-assurance records

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 title V § 505(a) · 94 Stat. 1528

   Enacted · 38 U.S.C. § 5705

   Added Pub. L. 96–385, title V, § 505(a), Oct. 7, 1980, 94 Stat. 1535, § 3305

   Source evidence

   Code source credit
   Added Pub. L. 96–385, title V, § 505(a), Oct. 7, 1980, 94 Stat. 1535, § 3305

   Enacted provision · exact public law section
   (a) Subchapter I of chapter 57 is amended by adding at the end the following new section: “§ 3305. Confidentiality of medical quality-assurance records “(a) Records and documents created by the Veterans’ Administration as part of a medical quality-assurance program are confidential and privileged and may not be disclosed to any person or entity except as provided in subsection (b) of this section. “(b) (1) Subject to paragraph (2) of this subsection, a record or document described in subsection (a) of this section shall, upon request, be disclosed as follows: “(A) To a Federal agency or private organization, if such record or document is needed by such agency or organization to perform licensing or accreditation functions related to Veterans’ Administration health-care facilities or to perform monitoring, required by statute, of Veterans’ Administration health-care facilities. “(B) To a Federal executive agency or provider of health-care services, if such record or document is required by such agency or provider for participation by the Veterans’ Administration in a health-care program with such agency or provider. “(C) To a criminal or civil law enforcement governmental agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such agency or instrumentality makes a written request that such record or document be provided for a purpose authorized by law. “(D) To health-care personnel, to the extent necessary to meet a medical emergency affecting the health or safety of any individual. “(2) The name of and other identifying information regarding any individual Veterans’ Administration patient or employee, or any other individual associated with the Veterans’ Administration for purposes of a medical quality-assurance program, contained in a record or document described in subsection (a) of this section shall be deleted from any record or document before any disclosure made under this subsection if disclosure of such name and identifying information would constitute a clearly unwarranted invasion of personal privacy. “(3) No person or entity to whom a record or document has been disclosed under this subsection shall make further disclosure of such record or document except for a purpose provided in this subsection. “(4) Nothing in this section shall be construed as authority to withhold any record or document from a committee of either House of Congress or any joint committee of Congress, if such record or document pertains to any matter within the jurisdiction of such committee or joint committee. “(5) Nothing in this section shall be construed as limiting the use of records and documents described in subsection (a) of this section within the Veterans’ Administration (including contractors and consultants of the Veterans’ Administration). “(c) For the purpose of this section, the term ‘medical quality-assurance program means— “(1) with respect to any activity carried out before the date of the enactment of this section, a Veterans’ Administration systematic health-care review activity carried out by or for the Veterans’ Administration for the purpose of improving the quality of medical care or improving the utilization of health-care resources in Veterans’ Administration health-care facilities; and “(2) with respect to any activity carried out on or after the date of the enactment of this section, a Veterans’ Administration systematic health-care review activity designated by the Administator to be carried out by or for the Veterans’ Administration for either such purpose. “(d) (1) Not later than 180 days after the date of the enactment of this section, the Administrator shall prescribe regulations to carry out this section. In prescribing such regulations, the Administrator shall specify those activities carried out before such enactment date which the Administrator determines meet the definition of medical quality-assurance program in subsection (c)(1) of this section and those activities which the Administrator has designated under subsection (c)(2) of this section. The Administrator shall, to the extent appropriate, incorporate into such regulations the provisions of the existing administrative guidelines and procedures governing such programs. “(2) After the date on which such regulations are first prescribed, no activity shall be considered as having been designated as a medical quality-assurance program for the purposes of subsection (c)(2) of this section unless the designation has been specified in such regulations. “(e) Any person who, knowing that a document or record is a Penalty. document or record described in subsection (a) of this section, willfully discloses such record or document except as provided for in subsection (b) of this section shall be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.”.

2. 1985

   Veterans’ Administration Health-Care Amendments of 1985

   Pub. L. 99–166 § 201(1) · 99 Stat. 941

   Inserted · 38 U.S.C. § 5705(a)

   Pub. L. 99–166, § 201(1), inserted “(other than reports submitted pursuant to section 4152(b) of this title)” after “program”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–166, § 201(1), inserted “(other than reports submitted pursuant to section 4152(b) of this title)” after “program”.

   Enacted provision · exact public law section
   (1) by inserting “(other than reports submitted pursuant to 38 USC 3305. section 4152(b) of this title)” in subsection (a) after “program”; and

3. 1985

   Veterans’ Administration Health-Care Amendments of 1985

   Pub. L. 99–166 § 201(2) · 99 Stat. 941

   Added · 38 U.S.C. § 5705(b)(6)

   Pub. L. 99–166, § 201(2), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 99–166, § 201(2), added par. (6).

   Enacted provision · exact public law section
   (2) by adding at the end of subsection (b) the following new paragraph: “(6) Nothing in this section shall be construed as authorizing or requiring withholding from any person or entity the disclosure of statistical information regarding Veterans’ Administration health-care programs (including such information as aggregate morbidity and mortality rates associated with specific activities at individual Veterans’ Administration health-care facilities) that does not implicitly or explicitly identify individual Veterans’ Administration patients or employees or individuals who participated in the conduct of a medical quality-assurance review.”.

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5705

   Pub. L. 102–40, § 402(b)(1), renumbered section 3305 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3305 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 403(b)(2) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5705(a)

   Pub. L. 102–40, § 403(b)(2), substituted “section 7311(g)” for “section 4152(b)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 403(b)(2), substituted “section 7311(g)” for “section 4152(b)”.

   Enacted provision · exact public law section
   (2) Section 5705(a) (as redesignated by section 402(b)) is amended by striking out “section 4152(b)” and inserting in lieu thereof “section 7311(g)”.

6. 1991

   Pub. L. 102–54 § 14(d)(4)(A) · 105 Stat. 267

   Substituted · 38 U.S.C. § 5705(c)(1)

   Pub. L. 102–54, § 14(d)(4)(A), amended subsec. (c)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “October 7, 1980” for “the date of the enactment of this section”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54, § 14(d)(4)(A), amended subsec. (c)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “October 7, 1980” for “the date of the enactment of this section”.

   Enacted provision · exact public law section
   (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and

7. 1991

   Pub. L. 102–54 § 14(d)(4)(A) · 105 Stat. 267

   Substituted · 38 U.S.C. § 5705(c)(2)

   Pub. L. 102–54, § 14(d)(4)(A), amended subsec. (c)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “October 7, 1980” for “the date of the enactment of this section”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54, § 14(d)(4)(A), amended subsec. (c)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “October 7, 1980” for “the date of the enactment of this section”.

   Enacted provision · exact public law section
   (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and

8. 1991

   Pub. L. 102–54 § 14(d)(4)(B)(i) · 105 Stat. 267

   1. Substituted · 38 U.S.C. § 5705(d)(1)

      Pub. L. 102–54, § 14(d)(4)(B)(i)–(iii), amended subsec. (d)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “The” for “Not later than 180 days after the date of the enactment of this section, the” in first sentence

   2. Substituted · 38 U.S.C. § 5705(d)(1)

      Pub. L. 102–54, § 14(d)(4)(B)(i)–(iii), substituting “October 7, 1980,” for “such enactment date” in second sentence

   3. Struck and inserted · 38 U.S.C. § 5705(d)(1)

      Pub. L. 102–54, § 14(d)(4)(B)(i)–(iii), striking out “existing” after “provisions of the” and inserting “in existence on October 7, 1980” after “such programs” in last sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54, § 14(d)(4)(B)(i)–(iii), amended subsec. (d)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “The” for “Not later than 180 days after the date of the enactment of this section, the” in first sentence, substituting “October 7, 1980,” for “such enactment date” in second sentence, and striking out “existing” after “provisions of the” and inserting “in existence on October 7, 1980” after “such programs” in last sentence.

   Enacted provision · exact public law section
   (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”;

9. 1991

   Pub. L. 102–54 § 14(d)(4)(B)(iv) · 105 Stat. 267

   Substituted · 38 U.S.C. § 5705(d)(2)

   Pub. L. 102–54, § 14(d)(4)(B)(iv), amended subsec. (d)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “An activity may not be considered” for “After the date on which such regulations are first prescribed, no activity shall be considered”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 102–54, § 14(d)(4)(B)(iv), amended subsec. (d)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “An activity may not be considered” for “After the date on which such regulations are first prescribed, no activity shall be considered”.

   Enacted provision · exact public law section
   (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”.

10. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

11. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(1)(A); 38 U.S.C. § 5705(b)(1)(B)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A), (B). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

12. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(2)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

13. 1991

    Pub. L. 102–83 § 4(a)(2)(F)(i) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(2)

    Pub. L. 102–83, § 4(a)(2)(F)(i), substituted “patient or employee of the Department” for “Veterans’ Administration patient or employee”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(F)(i), substituted “patient or employee of the Department” for “Veterans’ Administration patient or employee”.

    Enacted provision · exact public law section
    (i) by striking out “Veterans’ Administration patient or employee,” in paragraph (2) and inserting in lieu thereof “patient or employee of the Department,”; and

14. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(5)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

15. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(6)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

16. 1991

    Pub. L. 102–83 § 4(a)(2)(F)(ii) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(b)(6)

    Pub. L. 102–83, § 4(a)(2)(F)(ii), substituted “patients or employees of the Department,” for “Veterans’ Administration patients or employees”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(F)(ii), substituted “patients or employees of the Department,” for “Veterans’ Administration patients or employees”.

    Enacted provision · exact public law section
    (ii) by striking out “Veterans’ Administration patients or employees” in paragraph (6) and inserting in lieu thereof “patients or employees of the Department,”.

17. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(c)(1)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

18. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(c)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

19. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(c)(2)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

20. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5705(d)(1)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

22 of 22 references resolved to an enrolled provision