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VA RIN: 2900-AP90 Publication ID: Fall 2019 
Title: Consent for Release of VA Medical Records  
Abstract:

The Department of Veterans Affairs (VA) adopts as final, with changes based on subsequent changes to our statutory authority, a proposed rule amending its regulations to clarify that a valid consent authorizing VA to release the patient’s confidential VA medical records to a health information exchange (HIE) community partner may be established not only by VA’s physical possession of the written consent form, but also by the HIE community partner’s written (electronic) attestation that the patient has provided such consent. This rule is a reinterpretation of an existing, longstanding regulation and is necessary to facilitate modern requirements for the sharing of patient records with HIE community partners. Following publication of the proposed rule, a statute was enacted that made substantive changes to VA’s authority to release confidential VA medical records. This final rule reflects those changes.

 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 38 CFR 1.475   
Legal Authority: 38 U.S.C. 7332   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/19/2018  83 FR 2762   
NPRM Comment Period End  03/20/2018 
Final Rule  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Miraf Bisetegne
Program Analyst
Department of Veterans Affairs
810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-0205
Email: miraf.bisetegne2@va.gov