PUBLIC LAW 109–461—DEC. 22, 2006
120 STAT. 3411
(1) review the clinical guidelines of the Department of Veterans Affairs on post-traumatic stress disorder and all appropriate protocols related to post-traumatic stress disorder; (2) revise such guidelines and protocols as the Secretary considers appropriate to ensure that clinicians are able to effectively distinguish between diagnoses with similar symptoms that may manifest as post-traumatic stress disorder, including traumatic brain injury; and (3) develop performance measures for the treatment of post-traumatic stress disorder among veterans. SEC. 204. DISCLOSURE OF MEDICAL RECORDS.
(a) LIMITED EXCEPTION TO CONFIDENTIALITY OF MEDICAL RECORDS.—Section 5701 is amended by adding at the end the following new subsection: ‘‘(k)(1)(A) Under regulations that the Secretary shall prescribe, the Secretary may disclose the name and address of any individual described in subparagraph (C) to an entity described in subparagraph (B) in order to facilitate the determination by such entity whether the individual is, or after death will be, a suitable organ, tissue, or eye donor if— ‘‘(i) the individual is near death (as determined by the Secretary) or is deceased; and ‘‘(ii) the disclosure is permitted under regulations promulgated pursuant to section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note). ‘‘(B) An entity described in this subparagraph is— ‘‘(i) an organ procurement organization, including eye and tissue banks; or ‘‘(ii) an entity that the Secretary has determined— ‘‘(I) is substantially similar in function, professionalism, and reliability to an organ procurement organization; and ‘‘(II) should be treated for purposes of this subsection in the same manner as an organ procurement organization. ‘‘(C) An individual described in this subparagraph is— ‘‘(i) a veteran; or ‘‘(ii) a dependent of veteran. ‘‘(2) In this subsection, the term ‘organ procurement organization’ has the meaning given the term ‘qualified organ procurement organization’ in section 371(b) of the Public Health Service Act (42 U.S.C. 273(b)).’’. (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.’’. (c) DEADLINE FOR PRESCRIBING REGULATIONS.—The Secretary of Veterans Affairs shall prescribe regulations under subsection (k) of section 5701 of title 38, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 205. EXPANSION OF TELEHEALTH SERVICES.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall increase the number of facilities of the Readjustment Counseling Service that are capable of providing health services and counseling
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38 USC 5701. Regulations.
38 USC 5701 note.
38 USC 1712A note.
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