Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 38 — Veterans’ Benefits

Part V · Chapter 73 — Veterans Health Administration—Organization and Functions

§ 7332. Confidentiality of certain medical records

Statutory text

(a)
(1)

Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia which is carried out by or for the Department under this title shall, except as provided in subsections (e) and (f), be confidential, and (section 5701 of this title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).

(2)

Paragraph (1) prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.

(b)
(1)

The content of any record referred to in subsection (a) may be disclosed by the Secretary in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Secretary.

(2)

Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed by the Secretary as follows:

(A)

To medical personnel to the extent necessary to meet a bona fide medical emergency.

(B)

To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient or subject in any report of such research, audit, or evaluation, or otherwise disclose patient or subject identities in any manner.

(C)
(i)

In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the human immunodeficiency virus, to a Federal, State, or local public-health authority charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by such law.

(ii)

A person to whom a record is disclosed under this paragraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.

(D)

If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.

(E)

To an entity described in paragraph (1)(B) of section 5701(k) of this title, but only to the extent authorized by such section.

(F)
(i)

To a representative of a patient who lacks decision-making capacity, when a practitioner deems the content of the given record necessary for that representative to make an informed decision regarding the patient’s treatment.

(ii)

In this subparagraph, the term “representative” means an individual, organization, or other body authorized under section 7331 of this title and its implementing regulations to give informed consent on behalf of a patient who lacks decision-making capacity.

(G)

To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.

(H)
(i)

To a non-Department entity (including private entities and other Federal agencies) for purposes of providing health care, including hospital care, medical services, and extended care services, to patients or performing other health care-related activities or functions.

(ii)

An entity to which a record is disclosed under this subparagraph may not disclose or use such record for a purpose other than that for which the disclosure was made or as permitted by law.

(I)

To a third party in order to recover or collect reasonable charges for care furnished to, or paid on behalf of, a patient in connection with a non-service connected disability as permitted by section 1729 of this title or for a condition for which recovery is authorized or with respect to which the United States is deemed to be a third party beneficiary under the Act entitled “An Act to provide for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished by the United States” (Public Law 87–693; 42 U.S.C. 2651 et seq.; commonly known as the “Federal Medical Care Recovery Act”).

(3)

In the event that the patient or subject who is the subject of any record referred to in subsection (a) is deceased, the content of any such record may be disclosed by the Secretary only upon the prior written request of the next of kin, executor, administrator, or other personal representative of such patient or subject and only if the Secretary determines that such disclosure is necessary for such survivor to obtain benefits to which such survivor may be entitled, including the pursuit of legal action, but then only to the extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed pursuant to section 7334 of this title.

(c)

Except as authorized by a court order granted under subsection (b)(2)(D), no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against, or to conduct any investigation of, a patient or subject.

(d)

The prohibitions of this section shall continue to apply to records concerning any person who has been a patient or subject, irrespective of whether or when such person ceases to be a patient.

(e)

The prohibitions of this section shall not prevent any interchange of records—

(1)

within and among those components of the Department furnishing health care to veterans, or determining eligibility for benefits under this title; or

(2)

between such components furnishing health care to veterans and the Armed Forces.

(f)
(1)

Notwithstanding subsection (a) but subject to paragraph (2), a physician or a professional counselor may disclose information or records indicating that a patient or subject is infected with the human immunodeficiency virus if the disclosure is made to (A) the spouse of the patient or subject, or (B) to an individual whom the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is infected with such virus, identified as being a sexual partner of such patient or subject.

(2)
(A)

A disclosure under paragraph (1) may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient or subject to provide the information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner.

(B)

A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to in subparagraph (A) if such physician or counselor is unavailable by reason of absence or termination of employment to make the disclosure.

(g)

Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined, in the case of a first offense, up to the maximum amount provided under section 5701(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 5701(f) of this title for a subsequent offense under that section.

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. Veterans Omnibus Health Care Act of 1976

    Pub. L. 94–581 title I § 111(a)(1) · 90 Stat. 2842

    Enacted · 38 U.S.C. § 7332

    Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849, § 4132

    Source evidence

    Code source credit
    Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849, § 4132

    Enacted provision · exact public law section
    (1) Chapter 73 of title 38, United States Code is amended by inserting at the end t hereof the following new subchapter: “Subchapter III— Protection of Patient Rights “§4131. Informed consent “The Administrator, upon the recommendation of the Chief Medical Regulations. Director and pursuant to the provisions of section 4134 of this title, shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof. “§ 4132. Confidentiality of certain medical records “(a) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training. treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, or sickle cell anemia which is carried out by or for the Veterans’ Administration under this title shall, except as provided in subsection (e) of this section, be confidential, and (section 3301 of this title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section. “(b) (1) The content of any record referred to in subsection (a) of this section may be disclosed by the Administrator in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Administrator pursuant to section 4134 of this title. “(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) of this section is main-tained, gives written consent, the content of such record may be disclosed by the Administrator as follows: “(A) To medical personnel to the extent necessary to meet a bona fide medical emergency. “(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient or subject in any report of such research, audit, or evaluation, or otherwise disclose patient or subject identities in any manner. “(C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose, appropriate safeguards against unauthorized disclosure. “(3) In the event that the patient or subject who is the subject of any record referred to in subsection (a) of this section is deceased, the content of any such record may be disclosed by the Administrator only upon the prior written request of the next of kin, executor, administrator. or other personal representative of such patient or subject and only if the Administrator determines that such disclosure is necessary for such survivor to obtain benefits to which such survivor may be entitled, including the pursuit of legal action, but then only to the extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed pursuant to section 4134 of this title. “(c) Except as authorized by a court order granted under subsection (b) (2) (C) of this section, no record referred to in subsection (a) of this section may be used to initiate or substantiate any criminal charges against, or to conduct any investigation of, a patient or subject. “(d) The prohibitions of this section shall continue to apply to records concerning any person who has been a patient or subject, irrespective of whether or when such person ceases to be a patient. “(e) The prohibitions of this section shall not prevent any interchange of records— “(1) within and among those components of the Veterans’ Administration furnishing health care to veterans, or determining eligibility for benefits under this title; or “(2) between such components furnishing health care to veterans and the Armed Forces. “(f) Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense. “§4133. Nondiscrimination in the admission of alcohol and drug abusers to Veterans’ Administration health care facilities 38 USC 601 et seq. “Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers and who are suffering from medical disabilities shall not be discriminated against in admission or treatment, solely because of their alcohol or drug abuse or dependence, by any Veterans’ Administration health care facility. The Administrator, pursuant to the provisions of section 4134 of this title, shall prescribe regulations for the enforcement of this nondiscrimination policy with respect to the admission and treatment of such eligible veterans who are alcohol or drug abusers. “§4134. Coordination; reports “(a) Regulations prescribed pursuant to section 4131 of this title, section 4132 of this title with respect to the confidentiality of alcohol and drug abuse medical records, and section 4133 of this title, shall, to the maximum extant feasible consistent with other provisions of this title, make applicable the regulations governing— “(1) human experimentation and informed consent prescribed by the Secretary of Health, Education, and Welfare, based on the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established by section 201 of the National Research Act, us amended (Public Law 93–348 ; 88 Stat. 348), and 42 USC 289l–1. “(2) (A) the confidentiality of drug and alcohol abuse medical records, and (B) the admission of drug and alcohol abusers to private and public hospitals, prescribed pursuant to the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended (42 U.S.C. 4551 et seq.), and the Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. 1101 et seq.), to the conduct of research and to the provision of hospital care, nursing home care, domiciliary care, and medical services under this title. Such regulations may contain such definitions, and may provide for such safeguards and procedures (including procedures and criteria for the issuance and scope of court orders tinder section 4132(b)(2) (C) of this title) as are necessary to prevent circumvention or evasion thereof, or to facilitate, compliance therewith. In prescribing Consultation. and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary of Health, Education, and Welfare, and, as appropriate, the Director of the Office of Drug Abuse Policy (or any successor authority), in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they and the Administrator prescribe. “(b) Not later than sixty days after the effective date of this subsection, Report to congressional committees. the Administrator shall submit to the appropriate committees of the House of Representatives and the Senate a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) proscribed pursuant to subsection (a) of this section. Such report shall include (1) an explanation of any inconsistency Contents. between such regulations and the regulations of the Secretary referred to in such subsection (a); (2) an account of the extent, substance, and results of consultations with the Secretary (or Director, as appropriate) respecting the prescribing and implementation of the Administrators regulations; and (3) such recommendations for Legislative recommendations. Publication in Federal Register. legislation and administrative actions as the Administrator determines are necessary and desirable. The Administrator shall timely publish such report in the Federal Register.”.

  2. Veterans

    Pub. L. 100–322 § 121(a) · 102 Stat. 487

    1. Amended · 38 U.S.C. § 7332(a)

      Pub. L. 100–322, § 121(a), (e)(1), designated existing provisions as par. (1)

    2. Inserted · 38 U.S.C. § 7332(a)

      Pub. L. 100–322, § 121(a), (e)(1), inserted “infection with the human immunodeficiency virus,” after “alcohol abuse,”

    3. Substituted · 38 U.S.C. § 7332(a)

      Pub. L. 100–322, § 121(a), (e)(1), substituted “subsections (e) and (f)” for “subsection (e)”

    4. Added · 38 U.S.C. § 7332(a)

      Pub. L. 100–322, § 121(a), (e)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–322, § 121(a), (e)(1), designated existing provisions as par. (1), inserted “infection with the human immunodeficiency virus,” after “alcohol abuse,”, substituted “subsections (e) and (f)” for “subsection (e)”, and added par. (2).

    Enacted provision · exact public law section
    (a) General Rule.— Subsection (a) of section 4132 is amended— (1) by inserting “(1)” before “Records”; (2) by inserting “infection with the human immunodeficiency virus,” after “alcohol abuse,”; and (3) by adding at the end the following new paragraph: “(2) Paragraph (1) of this subsection prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.”.

  3. Veterans

    Pub. L. 100–322 § 121(b)(1) · 102 Stat. 487

    Struck · 38 U.S.C. § 7332(b)(1)

    Pub. L. 100–322, § 121(b)(1), struck out “pursuant to section 4134 of this title” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–322, § 121(b)(1), struck out “pursuant to section 4134 of this title” before period at end.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “pursuant to section 4134 of this title”; and

  4. Veterans

    Pub. L. 100–322 § 121(b)(2) · 102 Stat. 487

    1. Added · 38 U.S.C. § 7332(b)(2)(C); 38 U.S.C. § 7332(b)(2)(D)

      Pub. L. 100–322, § 121(b)(2), added subpar. (C)

    2. Redesignated · 38 U.S.C. § 7332(b)(2)(C); 38 U.S.C. § 7332(b)(2)(D)

      Pub. L. 100–322, § 121(b)(2), redesignated former subpar. (C) as (D)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C), (D). Pub. L. 100–322, § 121(b)(2), added subpar. (C) and redesignated former subpar. (C) as (D).

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by redesignating subparagraph (C) as subparagraph (D); and (B) by inserting after subparagraph (B) the following new subparagraph (C): “(C) (i) In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the human immunodeficiency virus, to a Federal, State, or local public-health authority, charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by such law. “(ii) A person to whom a record is disclosed under this paragraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.”.

  5. Veterans

    Pub. L. 100–322 § 121(e)(2) · 102 Stat. 487

    Substituted · 38 U.S.C. § 7332(c)

    Pub. L. 100–322, § 121(e)(2), substituted “subsection (b)(2)(D)” for “subsection (b)(2)(C)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–322, § 121(e)(2), substituted “subsection (b)(2)(D)” for “subsection (b)(2)(C)”.

    Enacted provision · exact public law section
    (2) Subsection (c) of such section is amended by striking out “subsection (b)(2)(C)” and inserting in lieu thereof “subsection (b)(2)(1))”.

  6. Veterans

    Pub. L. 100–322 § 121(c)(2) · 102 Stat. 487

    Redesignated · 38 U.S.C. § 7332(f)

    Pub. L. 100–322, § 121(c)(2), added subsec. (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–322, § 121(c)(2), added subsec. (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (2) by inserting after subsection (e) the following new subsection (f): “(f) (1) Notwithstanding subsection (a) of this section but subject to Health care professionals. paragraph (2) of this subsection, a physician or a professional counselor may disclose information or records indicating that a patient or subject is infected with the human immunodeficiency virus if the disclosure is made to (A) the spouse of the patient or subject, or (B) to an individual whom the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is infected with such virus, identified as being a sexual partner of such patient or subject. “(2) (A) A disclosure under paragraph (1) of this subsection may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient or subject to provide the information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner. “(B) A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to in subparagraph (A) of this paragraph if such physician or counselor is unavailable by reason of absence or termination of employment to make the disclosure.

  7. Veterans

    Pub. L. 100–322 § 121(c)(1) · 102 Stat. 487

    1. Redesignated · 38 U.S.C. § 7332(g)

      Pub. L. 100–322, § 121(c)(1), (d), redesignated subsec. (f) as (g)

    2. Substituted · 38 U.S.C. § 7332(g)

      Pub. L. 100–322, § 121(c)(1), (d), substituted “shall be fined, in the case of a first offense, up to the maximum amount provided under section 3301(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 3301(f) of this title for a subsequent offense under that section.” for “shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–322, § 121(c)(1), (d), redesignated subsec. (f) as (g) and substituted “shall be fined, in the case of a first offense, up to the maximum amount provided under section 3301(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 3301(f) of this title for a subsequent offense under that section.” for “shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense”.

    Enacted provision · exact public law section
    (1) by redesignating subsection (f) as subsection (g); and

  8. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 401(a)(4)(A) · 105 Stat. 187

    Changed · 38 U.S.C. § 7332

    Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4132 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4132 of this title as this section.

    Enacted provision · exact public law section
    (A) by redesignating sections 4131, 4132, 4133, and 4134 as sections 7331, 7332, 7333, and 7334, respectively; and

  9. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(a)(1)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsections (e) and (f)” and after “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsections (e) and (f)” and after “subsection (b)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  10. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 7332(a)(1)

    Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (2) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department”;

  11. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 7332(a)(1)

    Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

  12. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(a)(2)

    Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “Paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “Paragraph (1)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  13. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(b)(1)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  14. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 7332(b)(1)

    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) by striking out “Administrator” and “Administrator’s” each place they appear and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively; and

  15. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(b)(2)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  16. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 7332(b)(2)

    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking out “Administrator” and “Administrator’s” each place they appear and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively; and

  17. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(b)(3)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  18. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 7332(b)(3)

    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) by striking out “Administrator” and “Administrator’s” each place they appear and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively; and

  19. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 7332(b)(3)

    Pub. L. 102–40, § 402(d)(1), substituted “7334” for “4134”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “7334” for “4134”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

  20. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(c)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (b)(2)(D)” and after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (b)(2)(D)” and after “subsection (a)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  21. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 7332(e)(1)

    Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (2) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department”;

  22. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(f)(1)

    Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” and “of this subsection” after “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” and “of this subsection” after “paragraph (2)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  23. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(4) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(f)(2)(A)

    Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A). Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (4) by striking out “of this section” and “of this subsection” each place they appear (other than in subsections (d), (e), and (g) of section 7332 and in section 7333(b)); and

  24. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(a)(5) · 105 Stat. 187

    Struck · 38 U.S.C. § 7332(f)(2)(B)

    Pub. L. 102–40, § 403(a)(5), struck out “of this paragraph” after “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B). Pub. L. 102–40, § 403(a)(5), struck out “of this paragraph” after “subparagraph (A)”.

    Enacted provision · exact public law section
    (5) by striking out “of this paragraph” in section 7332(f)(2)(B).

  25. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 7332(g)

    Pub. L. 102–40, § 402(d)(1), substituted “5701(f)” for “3301(f)” in two places

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 102–40, § 402(d)(1), substituted “5701(f)” for “3301(f)” in two places.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

  26. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 title II § 204(b) · 120 Stat. 3403

    Added · 38 U.S.C. § 7332(b)(2)(E)

    Pub. L. 109–461 added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 109–461 added subpar. (E).

    Enacted provision · exact public law section
    (b) Disclosures From Certain Medical Records.— Section 7332(b)(2) is amended by adding at the end the following new subparagraph: “(E) To an entity described in paragraph (1)(B) of section 5701(k) of this title, but only to the extent authorized by such section.” .

  27. Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 title V § 504 · 124 Stat. 1130

    Added · 38 U.S.C. § 7332(b)(2)(F)

    Pub. L. 111–163 added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 111–163 added subpar. (F).

    Enacted provision · exact public law section
    SEC. 504. DISCLOSURE OF PATIENT TREATMENT INFORMATION FROM MEDICAL RECORDS OF PATIENTS LACKING DECISIONMAKING CAPACITY.   Section 7332(b)(2) is amended by adding at the end the following new subparagraph: “(F) (i) To a representative of a patient who lacks decision-making capacity, when a practitioner deems the content of the given record necessary for that representative to make an informed decision regarding the patient’s treatment. “(ii) In this subparagraph, the term ‘representative’ means an individual, organization, or other body authorized under section 7331 of this title and its implementing regulations to give informed consent on behalf of a patient who lacks decision-making capacity.” .

  28. Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012

    Pub. L. 112–74 div. H title II § 230(b) · 125 Stat. 1159

    Added · 38 U.S.C. § 7332(b)(2)(G)

    Pub. L. 112–74 added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(G). Pub. L. 112–74 added subpar. (G).

    Enacted provision · exact public law section
    (b) Exception With Respect to Confidentiality of Certain Medical Records.— Section 7332(b)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: “(G) To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.” .

  29. Pub. L. 115–26 § 3 · 131 Stat. 129

    Added · 38 U.S.C. § 7332(b)(2)(H)

    Pub. L. 115–26 added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(H). Pub. L. 115–26 added subpar. (H).

    Enacted provision · exact public law section
    SEC. 3. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.   Section 7332(b)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: “(H) (i) To a non-Department entity (including private entities and other Federal agencies) that provides hospital care or medical services to veterans as authorized by the Secretary. “(ii) An entity to which a record is disclosed under this subparagraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.” .

  30. Caring for Our Veterans Act of 2018

    Pub. L. 115–182 title I § 132 · 132 Stat. 1393

    1. Added · 38 U.S.C. § 7332(b)(2)(H); 38 U.S.C. § 7332(b)(2)(I)

      Pub. L. 115–182 added subpars. (H) and (I)

    2. Struck · 38 U.S.C. § 7332(b)(2)(H); 38 U.S.C. § 7332(b)(2)(I)

      Pub. L. 115–182 struck out former subpar. (H), which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(2)(H), (I). Pub. L. 115–182 added subpars. (H) and (I) and struck out former subpar. (H), which read as follows:

    “(i) To a non-Department entity (including private entities and other Federal agencies) that provides hospital care or medical services to veterans as authorized by the Secretary. “(ii) An entity to which a record is disclosed under this subparagraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.”

    Enacted provision · exact public law section
    SEC. 132. IMPROVING INFORMATION SHARING WITH COMMUNITY PROVIDERS.   Section 7332(b)(2) is amended by striking subparagraph (H) and inserting the following new subparagraphs: “(H) (i) To a non-Department entity (including private entities and other Federal agencies) for purposes of providing health care, including hospital care, medical services, and extended care services, to patients or performing other health care-related activities or functions. “(ii) An entity to which a record is disclosed under this subparagraph may not disclose or use such record for a purpose other than that for which the disclosure was made or as permitted by law. “(I) To a third party in order to recover or collect reasonable charges for care furnished to, or paid on behalf of, a patient in connection with a non-service connected disability as permitted by section 1729 of this title or for a condition for which recovery is authorized or with respect to which the United States is deemed to be a third party beneficiary under the Act entitled ‘An Act to provide for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished by the United States’ (Public Law 87–693; 42 U.S.C. 2651 et seq.; commonly known as the ‘Federal Medical Care Recovery Act’).” .

36 of 36 references resolved to an enrolled provision

Editorial Notes

References in Text

Public Law 87–693, commonly known as the Federal Medical Care Recovery Act, referred to in subsec. (b)(2)(I), is Pub. L. 87–693, , 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Amendments1988–2018 · 7 rounds

2018

Subsec. (b)(2)(H), (I). Pub. L. 115–182 added subpars. (H) and (I) and struck out former subpar. (H), which read as follows:

“(i) To a non-Department entity (including private entities and other Federal agencies) that provides hospital care or medical services to veterans as authorized by the Secretary.

“(ii) An entity to which a record is disclosed under this subparagraph may not redisclose or use such record for a purpose other than that for which the disclosure was made.”

2017

Subsec. (b)(2)(H). Pub. L. 115–26 added subpar. (H).

2011

Subsec. (b)(2)(G). Pub. L. 112–74 added subpar. (G).

2010

Subsec. (b)(2)(F). Pub. L. 111–163 added subpar. (F).

2006

Subsec. (b)(2)(E). Pub. L. 109–461 added subpar. (E).

1991

Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4132 of this title as this section.

Subsec. (a)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsections (e) and (f)” and after “subsection (b)”.

Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.

Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301”.

Subsec. (a)(2). Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “Paragraph (1)”.

Subsec. (b)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”.

Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places.

Subsec. (b)(2). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” in introductory provisions.

Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in introductory provisions.

Subsec. (b)(3). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)”.

Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–40, § 402(d)(1), substituted “7334” for “4134”.

Subsec. (c). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (b)(2)(D)” and after “subsection (a)”.

Subsec. (e)(1). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.

Subsec. (f)(1). Pub. L. 102–40, § 403(a)(4), struck out “of this section” after “subsection (a)” and “of this subsection” after “paragraph (2)”.

Subsec. (f)(2)(A). Pub. L. 102–40, § 403(a)(4), struck out “of this subsection” after “paragraph (1)”.

Subsec. (f)(2)(B). Pub. L. 102–40, § 403(a)(5), struck out “of this paragraph” after “subparagraph (A)”.

Subsec. (g). Pub. L. 102–40, § 402(d)(1), substituted “5701(f)” for “3301(f)” in two places.

1988

Subsec. (a). Pub. L. 100–322, § 121(a), (e)(1), designated existing provisions as par. (1), inserted “infection with the human immunodeficiency virus,” after “alcohol abuse,”, substituted “subsections (e) and (f)” for “subsection (e)”, and added par. (2).

Subsec. (b)(1). Pub. L. 100–322, § 121(b)(1), struck out “pursuant to section 4134 of this title” before period at end.

Subsec. (b)(2)(C), (D). Pub. L. 100–322, § 121(b)(2), added subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (c). Pub. L. 100–322, § 121(e)(2), substituted “subsection (b)(2)(D)” for “subsection (b)(2)(C)”.

Subsec. (f). Pub. L. 100–322, § 121(c)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 100–322, § 121(c)(1), (d), redesignated subsec. (f) as (g) and substituted “shall be fined, in the case of a first offense, up to the maximum amount provided under section 3301(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 3301(f) of this title for a subsequent offense under that section.” for “shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense”.

Credits

1976–2018 · 8 acts
  1. 1976Added Pub. L. 94–581, title I, § 111(a)(1), , 90 Stat. 2849, § 4132
  2. 1988amended Pub. L. 100–322, title I, § 121, , 102 Stat. 502
  3. 1991renumbered § 7332 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), (4), (5), , 105 Stat. 221, 239
  4. 2006Pub. L. 109–461, title II, § 204(b), , 120 Stat. 3411
  5. 2010Pub. L. 111–163, title V, § 504, , 124 Stat. 1157
  6. 2011Pub. L. 112–74, div. H, title II, § 230(b), , 125 Stat. 1159
  7. 2017Pub. L. 115–26, § 3, , 131 Stat. 130
  8. 2018Pub. L. 115–182, title I, § 132, , 132 Stat. 1427.
Show as published

(Added Pub. L. 94–581, title I, § 111(a)(1), , 90 Stat. 2849, § 4132; amended Pub. L. 100–322, title I, § 121, , 102 Stat. 502; renumbered § 7332 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), (4), (5), , 105 Stat. 221, 239; Pub. L. 109–461, title II, § 204(b), , 120 Stat. 3411; Pub. L. 111–163, title V, § 504, , 124 Stat. 1157; Pub. L. 112–74, div. H, title II, § 230(b), , 125 Stat. 1159; Pub. L. 115–26, § 3, , 131 Stat. 130; Pub. L. 115–182, title I, § 132, , 132 Stat. 1427.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s7332