Custom Federal Regulations Service™

**This is supplemental material**

**for Book A of your set of**

**Federal Regulations**

Title 38, Parts 0, 1, 2, 12, 14-16, 18--20,

25-26, 38-45, 48--49, 75

*General*

**Veterans Benefits Administration**

Supplement No. 78

Covering period of *Federal Register* issues

through September 3, 2007

Copyright © 2007 Jonathan Publishing

**Need Assistance?**

Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
list]{.smallcaps}** issues for this loose-leaf service should be
directed to:

Department of Veterans Affairs

Veterans Benefits Administration

Administration

Mail Code: 20M33

810 Vermont Avenue, N.W.

Washington DC 20420

Telephone: 202/273-7588

Fax: 202/275-5947

E-mail: coarms@vba.va.gov

Questions concerning the **[filing instructions]{.smallcaps}** for this
loose-leaf service,

or the reporting of **[substantive errors]{.smallcaps}** in the text,

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Copyright © 2007 Jonathan Publishing

# GENERAL INSTRUCTIONS

Custom Federal Regulations Service™

**Supplemental Materials for *Book A***

**Code of Federal Regulations**

**Title 38, Parts 0, 1, 2, 12, 14-16, 18--20, 25-26, 39-45, 48--49, 75**

***General***

**Veterans Benefits Administration**

**Supplement No. 78**

5 September 2007

Covering the period of Federal Register issues

through September 3, 2007

When **Book A** was originally prepared, it was current through final
regulations published in the *Federal Register* of 21 April 1992. These
supple­mental materials are designed to keep your regulations up to date.
You should file the attached pages immediately, and record the fact that
you did so on the *Supplement Filing Record* which begins on page A-8 of
Book A, *General*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> A-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page A-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page A-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book A, Supplement No. 78**

**September 5, 2007**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

##  A-13 to A-16 A-13 to A-16 Index to Book A

**1.[index]{.smallcaps}-1 to 1. [index]{.smallcaps} --6
1.[index]{.smallcaps}-1 to 1. [index]{.smallcaps} --6 Index to Part 1**

1.303-2 to 1.461-3 1.303-2 to 1.461-3 §1.460

None 1.485a-1 to 1.485a-2 §1.485a (new; add after

page 1.485-1)

1.514a-1 to 1.517-1 1.514a-1 to 1.517-1 §1.514b (new)

**Be sure to complete the**

***Supplement Filing Record* (page A-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book A, Supplement No. 78**

**September 5, 2007**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §3.263, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---6(2)." This means that
paragraph 2 of the *Highlights* section in Supplement No. 6 contains
information about the changes made in §3.263. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: This Book A (*General*) was originally
supplemented twice a year, in April and October. Beginning 1 August
1995, supplements will be issued *every month* during which a final rule
addition or modification is made to the parts of Title 38 covered by
this book. Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 23 August 2007, the VA published an interim final rule, effective
that same date, to implement §204 of the Veterans Benefits, Health Care,
and Information Technology Act of 2006 which provides authority for VA
to provide individually-identifiable VA medical records of veterans or
dependents of veterans who are deceased or whose death is imminent, to
representatives of organ procurement organizations as defined in §371(b)
of the Public Health Service Act, eye banks, and tissue banks, to
determine whether the patients are suitable potential donors. Changes:

In §1.460, added new definitions for *agreement*, *deceased*, *eye bank
and tissue bank*, *individual*, *near death*, *organ procurement
organization*, *procurement organization*, and *VHA health care
facility*; and

Added new §§1.485a and 1.514b.

**Referrals of Information Regarding Criminal Violations**

1.200 Purpose 1.200-1

1.201 Employee's duty to report 1.201-1

1.203 Information to be reported to VA Police 1.203-1

1.204 Information to be reported to the Office of Inspector General
1.204-1

1.205 Notification to the Attorney General or United States Attorney's
Office 1.205-1

**Security and Law Enforcement at VA Facilities**

1.218 Security and law enforcement at VA facilities 1.218-1

**Parking Fees at VA Medical Facilities**

1.300 Purpose 1.300-1

1.301 Definitions 1.301-1

1.302 Applicability and Scope 1.302-1

1.303 Policy 1.303-1

**Release of Information from Department of Veterans Affairs (VA)
Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection
with the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia**

1.460 Definitions 1.460-1

1.461 Applicability 1.461-1

1.462 Confidentiality restrictions 1.462-1

1.463 Criminal penalty for violations 1.463-1

1.464 Minor patients 1.464-1

1.465 Incompetent and deceased patients 1.465-1

1.466 Security for records 1.466-1

1.467 Restrictions on the use of identification cards and public signs
1.467-1

1.468 Relationship to Federal statutes protecting research subjects
against

compulsory disclosure of their identity 1.468-1

1.469 Patient access and restrictions on use 1.469-1

1.470-1.474 \[Reserved\]

**Disclosures With Patient's Consent**

1.475 Form of written consent 1.475-1

1.476 Prohibition on redisclosure 1.476-1

1.477 Disclosures permitted with written consent 1.477-1

1.478 Disclosures to prevent multiple enrollments in detoxification and
maintenance

treatment programs; not applicable to records relating to sickle cell

anemia or infection with the human immunodeficiency virus 1.478-1

1.479 Disclosures to elements of the criminal justice system which have

referred patients 1.479-1

1.480-1.484 \[Reserved\]

**Disclosures Without Patient Consent**

1.485 Medical emergencies 1.485-1

1.485a Eye, organ and tissue donation 1.485a-1

1.486 Disclosure of information related to infection with the human

immunodeficiency virus to public health authorities 1.486-1

1.487 Disclosure of information related to infection with the human

immunodeficiency virus to the spouse or sexual partner of the patient
1.487-1

1.488 Research activities 1.488-1

1.489 Audit and evaluation activities 1.489-1

**Court Orders Authorizing Disclosures and Use**

1.490 Legal effect of order 1.490-1

1.491 Confidential communications 1.491-1

1.492 Order not applicable to records disclosed without consent to

researchers, auditors and evaluators 1.492-1

1.493 Procedures and criteria for orders authorizing disclosures for

noncriminal purposes 1.493-1

1.494 Procedures and criteria for orders authorizing disclosure and use
of

records to criminally investigate or prosecute patients 1.494-1

1.495 Procedures and criteria for orders authorizing disclosure and use
of

records to investigate or prosecute VA or employees of VA 1.495-1

1.496 Orders authorizing the use of undercover agents and informants to

criminally investigate employees or agents of VA 1.496-1

1.497-1.499 \[Reserved\]

**Release of Information from Department of Veterans Affairs Claimant
Records**

1.500 General 1.500-1

1.501 Release of information by the Secretary 1.501-1

1.502 Disclosure of the amount of monetary benefits 1.502-1

1.503 Disclosure of information to a veteran or his or her duly

authorized representative as to matters concerning the veteran alone
1.503-1

1.504 Disclosure of information to a widow, child, or other claimant
1.504-1

1.505 Genealogy 1.505-1

1.506 Disclosure of records to Federal Government departments, state

unemployment compensation agencies, and the Office of

Servicemen's Group Life Insurance 1.506-1

1.507 Disclosures to members of Congress 1.507-1

1.508 Disclosure in cases where claimants are charged with or

convicted of criminal offenses 1.508-1

1.509 Disclosure to courts in proceedings in the nature of an inquest
1.509-1

1.510 Disclosure to insurance companies cooperating with the Department

of Justice in the defense of insurance suits against the United States
1.510-1

1.511 Disclosure of claimant records in connection with Judicial

proceedings generally 1.511-1

1.512 Disclosure of loan guaranty information 1.512-1

1.513 Disclosure of information contained in Armed Forces service and

related medical records in Department of Veterans Affairs custody
1.513-1

1.513a Confidentiality of information and patient records prepared or

obtained under the sickle cell anemia program 1.513a-1

1.514 Disclosure to private physicians and hospitals other than
Department

of Veterans Affairs 1.514-1

1.514a Disclosure to private psychologists 1.514a-1

1.514b Disclosures to procurement organizations 1.514b-1

1.515 To commanding officers of State soldiers' homes 1.515-1

1.516 Disclosure of information to undertaker concerning burial of a

deceased veteran 1.516-1

1.517 Disclosure of vocational rehabilitation and education information
to

educational institutions cooperating with the Department of

Veterans Affairs 1.517-1

1.518 Addresses of claimants 1.518-1

1.519 Lists of names and addresses 1.519-1

1.520 Confidentiality of social data 1.520-1

1.521 Special restrictions concerning social security records 1.521-1

1.522 Determination of the question as to whether disclosure will be

prejudicial to the mental or physical health of claimant 1.522-1

1.523 \[Reserved\]

1.524 Persons authorized to represent claimants 1.524-1

1.525 Inspection of records by or disclosure of information to
recognized

representatives of organizations and recognized attorneys 1.525-1

1.526 Copies of records and papers 1.526-1

1.527 Administrative review 1.527-1

**Release of Information from Department of Veterans**

**Affairs Records other than Claimant Records**

1.550 General 1.550-1

1.551 \[Removed\]

1.552 Public access to information that affects the public when not

published in the *Federal Register* as constructive notice 1.552-1

1.553 Public access to other reasonably described records 1.553-1

1.553a Time limits for Department of Veterans Affairs response to

requests for records 1.553a-1

1.554 Exemptions from public access to agency records 1.554-1

1.554a Predisclosure notification procedures for confidential

commercial information 1.554a-1

1.555 Fees 1.555-1

1.556 Requests for other reasonably described records 1.556-1

1.557 Administrative review 1.557-1

**Safeguarding Personal Information in Department of Veterans Affairs
Records**

1.575 Social security numbers in veterans' benefits matters 1.575-1

1.576 General policies, conditions of disclosure, accounting of certain

disclosures, and definitions 1.576-1

1.577 Access to records 1.577-1

1.579 Amendment of records 1.579-1

1.580 Administrative review 1.580-1

1.582 Exemptions 1.582-1

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**Inventions by Employees of Department of Veterans Affairs**

1.650 Purpose 1.650-1

1.651 Definitions 1.651-1

1.652 Criteria for determining rights to employee inventions 1.652-1

1.653 Delegation of authority 1.653-1

1.654 Patenting of inventions 1.654-1

1.655 Government license in invention of employee 1.655-1

1.656 Information to be submitted by inventor 1.656-1

1.657 Determination of rights 1.657-1

1.658 Right of appeal 1.658-1

1.659 Relationship to incentive awards program 1.659-1

1.660 Expeditious handling 1.660-1

1.661 Information to be kept confidential 1.661-1

1.662 Provisions of regulations made a condition of employment 1.662-1

1.663 Licensing of Government-owned inventions 1.663-1

**Part 1 --- General Provisions**

**--- Section Title Index ---**

**Administrative Control of Funds**

Definitions 1.671-1

Purpose 1.670-1

Responsibilities 1.672-1

Responsibility for violations of the administrative subdivision of funds
1.673-1

**Appeals from Decisions of Contracting Officers under the**

**Contract Disputes Act of 1978**

Contract Appeals Board, jurisdiction 1.780-1

Contract Appeals Board, organization and address of the 1.781-1

Contract Appeals Board, rules of 1.783-1

Policy and procedure 1.782-1

**Court Orders Authorizing Disclosures and Use**

Confidential communications 1.491-1

Legal effect of order 1.490-1

Order not applicable to records disclosed without consent to

researchers, auditors and evaluators 1.492-1

Orders authorizing the use of undercover agents and informants to

criminally investigate employees or agents of VA 1.496-1

Procedures and criteria for orders authorizing disclosure and use of

records to criminally investigate or prosecute patients 1.494-1

Procedures and criteria for orders authorizing disclosure and use of

records to investigate or prosecute VA or employees of VA 1.495-1

Procedures and criteria for orders authorizing disclosures for

noncriminal purposes 1.493-1

**Department of Veterans Affairs Official Seal and Distinguishing Flag**

Description, use, and display of VA Seal and Flag 1.9-1

**Disclosures With Patient's Consent**

Disclosures permitted with written consent 1.477-1

Disclosures to elements of the criminal justice system which have

referred patients 1.479-1

Disclosures to prevent multiple enrollments in detoxification and
maintenance

treatment programs; not applicable to records relating to sickle cell

anemia or infection with the human immunodeficiency virus 1.478-1

Form of written consent 1.475-1

Prohibition on redisclosure 1.476-1

**Disclosures Without Patient Consent**

Audit and evaluation activities 1.489-1

Disclosure of information related to infection with the human

immunodeficiency virus to public health authorities 1.486-1

Disclosure of information related to infection with the human

immunodeficiency virus to the spouse or sexual partner of the patient
1.487-1

Medical emergencies 1.485-1

Eye, organ and tissue donation 1.485a-1

Research activities 1.488-1

**Homeless Claimants**

Homeless claimants: Delivery of benefit payments and correspondence
1.710-1

**Inventions by Employees of Department of Veterans Affairs**

Definitions 1.651-1

Delegation of authority 1.653-1

Right of appeal 1.658-1

Information to be kept confidential 1.661-1

Criteria for determining rights to employee inventions 1.652-1

Government license in invention of employee 1.655-1

Provisions of regulations made a condition of employment 1.662-1

Information to be submitted by inventor 1.656-1

Patenting of inventions 1.654-1

Determination of rights 1.657-1

Expeditious handling 1.660-1

Licensing of Government-owned inventions 1.663-1

Purpose 1.650-1

Relationship to incentive awards program 1.659-1

**Parking Fees at VA Medical Facilities**

Applicability and Scope 1.302-1

Definitions 1.301-1

Policy 1.303-1

Purpose 1.300-1

**Part-time Career Employment Program**

Annual goals and timetables 1.894-1

Exceptions 1.897-1

Purpose of program 1.891-1

Review and evaluation 1.895-1

Review of positions 1.892-1

Time positions, establishing and converting 1.893-1

Vacancies, publicizing 1.896-1

**Program Evaluation**

Evaluation of studies relating to health effects of dioxin and

radiation exposure 1.17-1

Guidelines for establishing presumptions of service connection for
former

prisoners of war 1.18-1

Standards for program evaluation 1.15-1

**Quarters for Department of Veterans Affairs Employees Overseas**

Quarters for Department of Veterans Affairs employees in

Government-owned or rented buildings overseas 1.11-1

**Referrals to GAO, Department of Justice, or IRS**

Claims Collection Litigation Report (CCLR) 1.951-1

Minimum amount of referrals to the Department of Justice 1.953-1

Preservation of evidence 1.952-1

Prompt referral 1.950-1

Referrals of Information Regarding Criminal Violations

Employee's duty to report 1.201-1

Information to be reported to the Office of Inspector General 1.204-1

Information to be reported to VA Police 1.203-1

Notification to the Attorney General or United States Attorney's Office
1.205-1

Purpose 1.200-1

**Regional Office Committees on Waivers and Compromises**

Application of standard 1.965-1

Committee authority 1.957-1

Finality of decisions 1.958-1

Jurisdiction 1.956-1

Legal and technical assistance 1.960-1

Records and certificates 1.959-1

Refunds 1.967-1

Regional office Committees on Waivers and Compromises 1.955-1

Releases 1.961-1

Revision of waiver decisions 1.969-1

Scope of waiver decisions 1.966-1

Standards for compromise 1.970-1

Waiver of overpayments 1.962-1

Waiver; erroneous payment of pay and allowances 1.963a-1

Waiver; loan guaranty 1.964-1

Waiver; other than loan guaranty 1.963-1

**Release of Information from Department of Veterans Affairs Claimant
Records**

Addresses of claimants 1.518-1

Administrative review 1.527-1

Confidentiality of information and patient records prepared or

obtained under the sickle cell anemia program 1.513a-1

Confidentiality of social data 1.520-1

Copies of records and papers 1.526-1

Determination of the question as to whether disclosure will be

prejudicial to the mental or physical health of claimant 1.522-1

Disclosure in cases where claimants are charged with or

convicted of criminal offenses 1.508-1

Disclosure of amount of monetary benefits 1.502-1

Disclosure of claimant records in connection with Judicial

proceedings generally 1.511-1

Disclosure of information contained in Armed Forces service and

related medical records in Department of Veterans Affairs custody
1.513-1

Disclosure of information to undertaker concerning burial of a

deceased veteran 1.516-1

Disclosure of information to a veteran or his or her duly

authorized representative as to matters concerning the veteran alone
1.503-1

Disclosure of information to a widow, child, or other claimant 1.504-1

Disclosure of loan guaranty information 1.512-1

Disclosure of records to Federal Government departments, state

unemployment compensation agencies, and the Office of

Servicemembers' Group Life Insurance 1.506-1

Disclosure of vocational rehabilitation and education information to

educational institutions cooperating with the Department of

Veterans Affairs 1.517-1

Disclosure to commanding officers of State soldiers' homes 1.515-1

Disclosure to courts in proceedings in the nature of an inquest 1.509-1

Disclosure to insurance companies cooperating with the Department

of Justice in the defense of insurance suits against the United States
1.510-1

Disclosure to private physicians and hospitals other than Department

of Veterans Affairs 1.514-1

Disclosure to private psychologists 1.514a-1

Disclosures to members of Congress 1.507-1

Disclosures to procurement organizations 1.514b-1

Genealogy 1.505-1

General 1.500-1

Inspection of records by or disclosure of information to recognized

representatives of organizations and recognized attorneys 1.525-1

Lists of names and addresses 1.519-1

Persons authorized to represent claimants 1.524-1

Release of information by the Secretary 1.501-1

Special restrictions concerning social security records 1.521-1

**Release of Information from Department of Veterans**

**Affairs Records other than Claimant Records**

Administrative review 1.557-1

Exemptions from public access to agency records 1.554-1

Fees 1.555-1

General 1.550-1

Predisclosure notification procedures for confidential

commercial information 1.554a-1

Public access to information that affects the public when not

published in the *Federal Register* as constructive notice 1.552-1

Public access to other reasonably described records 1.553-1

Requests for other reasonably described records 1.556-1

Time limits for Department of Veterans Affairs response to

requests for records 1.553a-1

**Release of Information from Department of Veterans Affairs (VA)
Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection
with the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia**

Applicability 1.461-1

Confidentiality restrictions 1.462-1

Criminal penalty for violations 1.463-1

Definitions 1.460-1

Incompetent and deceased patients 1.465-1

Minor patients 1.464-1

Patient access and restrictions on use 1.469-1

Relationship to Federal statutes protecting research subjects against

compulsory disclosure of their identity 1.468-1

Restrictions on the use of identification cards and public signs 1.467-1

Security for records 1.466-1

**Safeguarding Personal Information in Department of Veterans Affairs
Records**

Access to records 1.577-1

Administrative review 1.580-1

Amendment of records 1.579-1

Exemptions 1.582-1

General policies, conditions of disclosure, accounting of certain

disclosures, and definitions 1.576-1

Social security numbers in veterans' benefits matters 1.575-1

**Salary Offset Provisions**

Definitions 1.981-1

Form, notice of, and conduct of hearing 1.985-1

Non-waiver of rights 1.993-1

Notice requirements before salary offsets of debts not involving

benefits under laws administered by VA 1.983-1

Procedures for salary offset 1.992-1

Procedures for salary offset: when deductions may begin 1.991-1

Refunds 1.994-1

Request for a hearing 1.984-1

Requesting recovery through centralized administrative offset 1.995-1

Result if employee fails to meet deadlines 1.986-1

Review by hearing official or administrative law judge 1.987-1

Review of VA records related to the debt 1.989-1

Salary offsets of debts involving benefits under the laws

administered by VA 1.982-1

Scope 1.980-1

Written agreement to repay debt as alternative to salary offset 1.990-1

Written decision following a hearing requested under §1.984 1.988-1

**Security and Law Enforcement at VA Facilities**

Security and law enforcement at VA facilities 1.218-1

**Standards for Collection, Compromise, Suspension or Termination**

**of Collection Effort, and Referral of Civil Claims for Money or
Property**

Antitrust, fraud, and tax and interagency claims 1.902-1

Reserved

**Release of Information From Department of Veterans Affairs Records**

**Relating to Drug Abuse, Alcoholism or Alcohol Abuse,**

**Infection With the Human Immunodeficiency**

**Virus (HIV), or Sickle Cell Anemia**

**Note**: Sections 1.460 through 1.499 of this part concern the
confidentiality of information relating to drug abuse, alcoholism or
alcohol abuse, infection with the human immunodeficiency virus, or
sickle cell anemia in VA records and are applicable in combination with
other regulations pertaining to the release of information from VA
records. Sections 1.500 through 1.527, Title 38, Code of Federal
Regulations, implement the provisions of 38 U.S.C. §§5701 and 5702.
Sections 1.550 through 1.559 implement the provisions of 5 U.S.C. §552
(The Freedom of Information Act). Sections 1.575 through 1.584 implement
the provisions of 5 U.S.C. §552a (The Privacy Act of 1974).

The provisions of §§1.460 through 1.499 of this part pertain to any
program or activity, including education, treatment, rehabilitation or
research, which relates to drug abuse, alcoholism or alcohol abuse,
infection with the human immunodeficiency virus, or sickle cell anemia.
The statutory authority for the drug abuse provisions and alcoholism or
alcohol abuse provisions of §§1.460 through 1.499 is §111 of Pub. L.
94-581, the Veterans Omnibus Health Care Act of 1976 (38 U.S.C. §§7331
through 7334), the authority for the human immunodeficiency virus
provisions is §121 of Pub. L. 100-322, the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. §7332); the authority for the sickle
cell anemia provisions is §109 of Pub. L. 93-82, the Veterans Health
Care Expansion Act of 1973 (38 U.S.C. §§1751-1754).

**Authority**: 38 U.S.C. §§1751--1754 and 7331--7334.

**Source**: §§1.460--1.499 published at 60 FR 63929, Dec. 13, 1995,

unless otherwise indicated.

**§1.460 Definitions.**

For purposes of §§1.460 through 1.499 of this part, the following
definitions apply:

*Agreement*. The term "agreement" means a document that a VA health care
facility develops in collaboration with an Organ Procurement
Organization, eye bank or tissue bank with written, detailed
responsibilities and obligations of the parties with regard to
identifying potential donors and facilitating the donation process.

*Alcohol abuse*. The term "alcohol abuse" means the use of an alcoholic
beverage which impairs the physical, mental, emotional, or social
well-being of the user.

*Contractor*. The term "contractor" means a person who provides services
to VA such as data processing, dosage preparation, laboratory analyses
or medical or other professional services. Each contractor shall be
required to enter into a written agreement subjecting such contractor to
the provisions of §§1.460 through 1.499 of this part; 38 U.S.C. 5701 and
7332; and 5 U.S.C. 552a and 38 CFR 1.576(g).

*Deceased*. The term "deceased" means death established by either
neurological criteria (brain death) or cardiopulmonary criteria (cardiac
death). Brain death is the irreversible cessation of all brain function.
Cardiac death is the irreversible cessation of circulatory and
respiratory function. In both cases, "irreversible" means that function
will not resume spontaneously and will not be restarted artificially.

*Diagnosis*. The term "diagnosis" means any reference to an individual's
alcohol or drug abuse or to a condition which is identified as having
been caused by that abuse or any reference to sickle cell anemia or
infection with the human immunodeficiency virus which is made for the
purpose of treatment or referral for treatment. A diagnosis prepared for
the purpose of treatment or referral for treatment but which is not so
used is covered by §§1.460 through 1.499 of this part. These regulations
do not apply to a diagnosis of drug overdose or alcohol intoxication
which clearly shows that the individual involved is not an alcohol or
drug abuser (e.g., involuntary ingestion of alcohol or drugs or reaction
to a prescribed dosage of one or more drugs).

*Disclose or disclosure*. The term "disclose" or "disclosure" means a
communication of patient identifying information, the affirmative
verification of another person's communication of patient identifying
information, or the communication of any information from the record of
a patient who has been identified.

*Drug abuse*. The term "drug abuse" means the use of a psychoactive
substance for other than medicinal purposes which impairs the physical,
mental, emotional, or social well-being of the user.

*Eye bank and tissue bank*. The term "eye bank and tissue bank" means an
"establishment" as defined in 21 CFR 1271.3, pursuant to section 361 of
the Public Health Service Act (42 U.S.C. 264) that has a valid, current
registration with the Federal Food and Drug Administration (FDA) as
required under 21 CFR part 1271.

*Individual*. The term "individual" means a veteran, as defined in 38
U.S.C. 101(2), or a dependent of a veteran, as defined in 38 U.S.C.
101(3) and (4)(A).

*Infection with the human immunodeficiency virus* (*HIV*). The term
"infection with the human immunodeficiency virus (HIV)" means the
presence of laboratory evidence for human immunodeficiency virus
infection. For the purposes of §§1.460 through 1.499 of this part, the
term includes the testing of an individual for the presence of the virus
or antibodies to the virus and information related to such testing
(including tests with negative results).

*Informant*. The term "informant" means an individual who is a patient
or employee or who becomes a patient or employee at the request of a law
enforcement agency or official and who at the request of a law
enforcement agency or official observes one or more patients or
employees for the purpose of reporting the information obtained to the
law enforcement agency or official.

*Near death*. The term "near death" means that in the clinical judgment
of the patient's health care provider, the patient's death is imminent.

*Organ Procurement Organization*. The term "Organ Procurement
Organization" (OPO) means an organization that performs or coordinates
the procurement, preservation, and transportation of organs and
maintains a system of locating prospective recipients for available
organs.

*Patient*. The term "patient" means any individual or subject who has
applied for or been given a diagnosis or treatment for drug abuse,
alcoholism or alcohol abuse, infection with the human immunodeficiency
virus, or sickle cell anemia and includes any individual who, after
arrest on a criminal charge, is interviewed and/or tested in connection
with drug abuse, alcoholism or alcohol abuse, infection with the human
immunodeficiency virus, or sickle cell anemia in order to determine that
individual's eligibility to participate in a treatment or rehabilitation
program. The term patient includes an individual who has been diagnosed
or treated for alcoholism, drug abuse, HIV infection, or sickle cell
anemia for purposes of participation in a VA program or activity
relating to those four conditions, including a program or activity
consisting of treatment, rehabilitation, education, training,
evaluation, or research. The term "patient" for the purpose of infection
with the human immunodeficiency virus or sickle cell anemia, includes
one tested for the disease.

*Patient identifying information*. The term "patient identifying
information" means the name, address, social security number,
fingerprints, photograph, or similar information by which the identity
of a patient can be determined with reasonable accuracy and speed either
directly or by reference to other publicly available information. The
term does not include a number assigned to a patient by a treatment
program, if that number does not consist of, or contain numbers (such as
social security, or driver's license number) which could be used to
identify a patient with reasonable accuracy and speed from sources
external to the treatment program.

*Person*. The term "person" means an individual, partnership,
corporation, Federal, State or local government agency, or any other
legal entity.

*Procurement organization*. The term "procurement organization" means an
organ procurement organization, eye bank, and/or tissue banks as defined
in this section.

*Records*. The term "records" means any information received, obtained
or maintained, whether recorded or not, by an employee or contractor of
VA, for the purpose of seeking or performing VA program or activity
functions relating to drug abuse, alcoholism, tests for or infection
with the human immunodeficiency virus, or sickle cell anemia regarding
an identifiable patient. A program or activity function relating to drug
abuse, alcoholism, infection with the human immunodeficiency virus, or
sickle cell anemia includes evaluation, treatment, education, training,
rehabilitation, research, or referral for one of these conditions.
Sections 1.460 through 1. 499 of this part apply to a primary or other
diagnosis, or other information which identifies, or could reasonably be
expected to identify, a patient as having a drug or alcohol abuse
condition, infection with the human immunodeficiency virus, or sickle
cell anemia (e.g., alcoholic psychosis, drug dependence), but only if
such diagnosis or information is received, obtained or maintained for
the purpose of seeking or performing one of the above program or
activity functions. Sections 1.460 through 1.499 of this part do not
apply if such diagnosis or other information is not received, obtained
or maintained for the purpose of seeking or performing a function or
activity relating to drug abuse, alcoholism, infection with the human
immunodeficiency virus, or sickle cell anemia for the patient in
question. Whenever such diagnosis or other information, not originally
received or obtained for the purpose of obtaining or providing one of
the above program or activity functions, is subsequently used in
connection with such program or activity functions, those original
entries become a "record" and §§1.460 through 1.499 of this part
thereafter apply to those entries. Segregability: these regulations do
not apply to records or information contained therein, the disclosure of
which (the circumstances surrounding the disclosure having been
considered) could not reasonably be expected to disclose the fact that a
patient has been connected with a VA program or activity function
relating to drug abuse, alcoholism, infection with the human
immunodeficiency virus, or sickle cell anemia.

\(1\) The following are examples of instances whereby records or
information related to alcoholism or drug abuse are covered by the
provisions of §§1.460 through 1.499 of this part:

\(i\) A patient with alcoholic delirium tremens is admitted for
detoxification. The patient is offered treatment in a VA alcohol
rehabilitation program which he declines.

\(ii\) A patient who is diagnosed as a drug abuser applies for and is
provided VA drug rehabilitation treatment.

\(iii\) While undergoing treatment for an unrelated medical condition, a
patient discusses with the physician his use and abuse of alcohol. The
physician offers VA alcohol rehabilitation treatment which is declined
by the patient.

\(2\) The following are examples of instances whereby records or
information related to alcoholism or drug abuse are not covered by the
provisions of §§1.460 through 1.499 of this part:

\(i\) A patient with alcoholic delirium tremens is admitted for
detoxification, treated and released with no counseling or treatment for
the underlying condition of alcoholism.

\(ii\) While undergoing treatment for an unrelated medical condition, a
patient informs the physician of a history of drug abuse fifteen years
earlier with no ingestion of drugs since. The history and diagnosis of
drug abuse is documented in the hospital summary and no treatment is
sought by the patient or offered or provided by VA during the current
period of treatment.

\(iii\) While undergoing treatment for injuries sustained in an
accident, a patient's medical record is documented to support the
judgment of the physician to prescribe certain alternate medications in
order to avoid possible drug interactions in view of the patient's
enrollment and treatment in a non-VA methadone maintenance program. The
patient states that continued treatment and follow-up will be obtained
from private physicians and VA treatment for the drug abuse is not
sought by the patient nor provided or offered by the staff.

\(iv\) A patient is admitted to the emergency room suffering from a
possible drug overdose. The patient is treated and released; a history
and diagnosis of drug abuse may be documented in the hospital summary.
The patient is not offered treatment for the underlying conditions of
drug abuse, nor is treatment sought by the patient for that condition.

*Third party payer*. The term "third party payer" means a person who
pays, or agrees to pay, for diagnosis or treatment furnished to a
patient on the basis of a contractual relationship with the patient or a
member of his or her family or on the basis of the patient's eligibility
for Federal, State, or local governmental benefits.

*Treatment*. The term "treatment" means the management and care of a
patient for drug abuse, alcoholism or alcohol abuse, infection with the
human immunodeficiency virus, or sickle cell anemia, or a condition
which is identified as having been caused by one or more of these
conditions, in order to reduce or eliminate the adverse effects upon the
patient. The term includes testing for the human immunodeficiency virus
or sickle cell anemia.

*Undercover agent*. The term "undercover agent" means an officer of any
Federal, State, or local law enforcement agency who becomes a patient or
employee for the purpose of investigating a suspected violation of law
or who pursues that purpose after becoming a patient or becoming
employed for other purposes. (Authority: 38 U.S.C. 7334)

*VHA health care facility*. The term "VHA health care facility" means a
VA medical center, VA emergency room, VA nursing home or other facility
as defined in 38 U.S.C. 1701(3).

\[60 FR 63929, Dec. 13, 1995, as amended at 72 FR 48241, Aug. 23, 2007\]

**Supplement *Highlights* reference**: 78(1)

Reserved

**§1.461 Applicability.**

\(a\) *General*.

\(1\) *Restrictions on disclosure*. The restrictions on disclosure in
these regulations apply to any information whether or not recorded,
which:

\(i\) Would identify a patient as an alcohol or drug abuser, an
individual tested for or infected with the human immunodeficiency virus
(HIV), hereafter referred to as HIV, or an individual with sickle cell
anemia, either directly, by reference to other publicly available
information, or through verification of such an identification by
another person; and

\(ii\) Is provided or obtained for the purpose of treating alcohol or
drug abuse, infection with the HIV, or sickle cell anemia, making a
diagnosis for that treatment, or making a referral for that treatment as
well as for education, training, evaluation, rehabilitation and research
program or activity purposes.

\(2\) *Restriction on use*. The restriction on use of information to
initiate or substantiate any criminal charges against a patient or to
conduct any criminal investigation of a patient applies to any
information, whether or not recorded, which is maintained for the
purpose of treating drug abuse, alcoholism or alcohol abuse, infection
with the HIV, or sickle cell anemia, making a diagnosis for that
treatment, or making a referral for that treatment as well as for
education, training, evaluation, rehabilitation, and research program or
activity purposes.

\(b\) *Period covered as affecting applicability*. The provisions of
§§1.460 through 1.499 of this part apply to records of identity,
diagnosis, prognosis, or treatment pertaining to any given individual
maintained over any period of time which, irrespective of when it
begins, does not end before March 21, 1972, in the case of diagnosis or
treatment for drug abuse; or before May 14, 1974, in the case of
diagnosis or treatment for alcoholism or alcohol abuse; or before
September 1, 1973, in the case of testing, diagnosis or treatment of
sickle cell anemia; or before May 20, 1988, in the case of testing,
diagnosis or treatment for an infection with the HIV.

\(c\) *Exceptions*.

\(1\) *Department of Veterans Affairs and Armed Forces*. The
restrictions on disclosure in §§1.460 through 1.499 of this part do not
apply to communications of information between or among those components
of VA who have a need for the information in connection with their
duties in the provision of health care, adjudication of benefits, or in
carrying out administrative responsibilities related to those functions,
including personnel of the Office of the Inspector General who are
conducting audits, evaluations, healthcare inspections, or non-patient
investigations, or between such components and the Armed Forces, of
information pertaining to a person relating to a period when such person
is or was subject to the Uniform Code of Military Justice. Information
obtained by VA components under these circumstances may be disclosed
outside of VA to prosecute or investigate a non-patient only in
accordance with §1.495 of this part. Similarly, the restrictions on
disclosure in §§1.460 through 1.499 of this part do not apply to
communications of information to the Department of Justice or U.S.
Attorneys who are providing support in civil litigation or possible
litigation involving VA.

\(2\) *Contractor*. The restrictions on disclosure in §§1.460 through
1.499 of this part do not apply to communications between VA and a
contractor of information needed by the contractor to provide his or her
services.

\(3\) *Crimes on VA premises or against VA personnel*. The restrictions
on disclosure and use in §§1.460 through 1.499 of this part do not apply
to communications from VA personnel to law enforcement officers which:

\(i\) Are directly related to a patient's commission of a crime on the
premises of the facility or against personnel of VA or to a threat to
commit such a crime; and

\(ii\) Are limited to the circumstances of the incident, including the
patient status of the individual committing or threatening to commit the
crime, that individual's name and address to the extent authorized by 38
U.S.C. 5701(f)(2), and that individual's last known whereabouts.

\(4\) *Undercover agents and informants*.

\(i\) Except as specifically authorized by a court order granted under
§1.495 of this part, VA may not knowingly employ, or admit as a patient,
any undercover agent or informant in any VA drug abuse, alcoholism or
alcohol abuse, HIV infection, or sickle cell anemia treatment program.

\(ii\) No information obtained by an undercover agent or informant,
whether or not that undercover agent or informant is placed in a VA drug
abuse, alcoholism or alcohol abuse, HIV infection, or sickle cell anemia
treatment program pursuant to an authorizing court order, may be used to
criminally investigate or prosecute any patient unless authorized
pursuant to the provisions of §1.494 of this part.

\(iii\) The enrollment of an undercover agent or informant in a
treatment unit shall not be deemed a violation of this section if the
enrollment is solely for the purpose of enabling the individual to
obtain treatment for drug or alcohol abuse, HIV infection, or sickle
cell anemia.

\(d\) *Applicability to recipients of information*.

\(1\) *Restriction on use of information*. In the absence of a proper
§1.494 court order, the restriction on the use of any information
subject to §§1.460 through 1.499 of this part to initiate or
substantiate any criminal charges against a patient or to conduct any
criminal investigation of a patient applies to any person who obtains
that information from VA, regardless of the status of the person
obtaining the information or of whether the information was obtained in
accordance with §§1.460 through 1.499 of this part. This restriction on
use bars, among other things, the introduction of that information as
evidence in a criminal proceeding and any other use of the information
to investigate or prosecute a patient with respect to a suspected crime.
Information obtained by undercover agents or informants (see paragraph
(c) of this section) or through patient access (see §1.469 of this part)
is subject to the restriction on use.

\(2\) *Restrictions on disclosures-third-party payers and others*. The
restrictions on disclosure in §§1.460 through 1.499 of this part apply
to third-party payers and persons who, pursuant to a consent, receive
patient records directly from VA and who are notified of the
restrictions on redisclosure of the records in accordance with §1.476 of
this part. (Authority: 38 U.S.C. 7332(e) and 7334)

**§1.485a Eye, organ and tissue donation.**

A VHA health care facility may disclose the individually-identified
medical record information of an individual covered by §§1.460 through
1.499 of this part to an authorized representative of a procurement
organization for the purpose of facilitating determination of whether
the individual is a suitable potential organ, eye, or tissue donor if:

\(a\) The individual is currently an inpatient in a VHA health care
facility;

\(b\) The individual is, in the clinical judgment of the individual's
primary health care provider, near death or deceased;

\(c\) The VHA health care facility has a signed agreement with the
procurement organization in accordance with the applicable requirements
of the United States Department of Health and Human Services (HHS); and

\(d\) The VHA health care facility has confirmed with HHS that it has
certified or recertified the organ procurement organization as provided
in the applicable HHS regulations. VA medical centers must verify
annually in January of each calendar year with the Food and Drug
Administration (FDA) that an eye bank and tissue bank has complied with
the FDA registration requirements of 21 CFR part 1271 before permitting
an eye bank or tissue bank to receive protected health information.
(Authority: 38 U.S.C. 5701(k), 7332(b)(2)(E))

\[72 FR 48242, Aug. 23, 2007\]

**Supplement *Highlights* reference**: 78(1)

Reserved

**§1.514a Disclosure to private psychologists.**

When a beneficiary elects to obtain therapy or analysis as a private
patient from a private psychologist, such information in the medical
record as may be pertinent may be released. Generally, only information
developed and documented by Department of Veterans Affairs psychologists
will be considered pertinent, although other information from the
medical record may be released if it is determined to be pertinent and
will serve a useful purpose to the private psychologist in rendering his
or her services. Information will be released under this section upon
receipt of the written authorization of the beneficiary or his or her
duly authorized representative. Information will be forwarded to private
psychologists directly, not through the beneficiary or representative,
without charge and with the stipulation that it is released with consent
of or on behalf of the patient and must be treated as confidential as is
customary in regular professional practice.

\[34 FR 13368, Aug. 19, 1969\]

**§1.514b Disclosures to procurement organizations.**

A VHA health care facility may disclose the name and home address of an
"individual" as defined in §1.460 to an authorized representative of a
"procurement organization" as also defined in §1.460 for the purpose of
facilitating a determination by the procurement organization of whether
the individual is a suitable potential organ, eye, or tissue donor if:

\(a\) The individual is currently an inpatient in a VHA health care
facility;

\(b\) The individual is, in the clinical judgment of the individual's
primary health care provider, near death or is deceased as defined in
§1.460;

\(c\) The VHA health care facility has a signed agreement with the
procurement organization in accordance with the applicable requirements
of the United States Department of Health and Human Services (HHS); and

\(d\) The VHA health care facility has confirmed with HHS that it has
certified or recertified the organ procurement organization as provided
in the applicable HHS regulations. VA medical centers must verify
annually in January of each calendar year with FDA that an eye bank or
tissue bank has complied with the FDA registration requirements of 21
CFR Part 1271 before permitting an eye bank or tissue bank to receive
protected health information. (Authority: 38 U.S.C. 5701(k),
7332(b)(2)(E))

\[72 FR 48242, Aug. 23, 2007\]

**Supplement *Highlights* reference**: 78(1)

**§1.515 To commanding officers of State soldiers' homes.**

When a request is received in a Department of Veterans Affairs regional
office, center, or medical center from the commanding officer of a State
soldiers' home for information other than information relative to the
character of the discharge from a Department of Veterans Affairs center
or medical center concerning a veteran formerly domiciled or
hospitalized therein, the provisions of §1.500 are applicable, and no
disclosure will be made unless the request is accompanied by the
authorization outlined in §1.503. However, station heads, upon receipt
of a request from the commanding officer of a State soldiers' home for
the character of the discharge of a veteran from a period of hospital
treatment or domiciliary care as a beneficiary of the Department of
Veterans Affairs, will comply with the request, restricting the
information disclosed solely to the character of the veteran's discharge
from such treatment or care. Such information will be disclosed only
upon receipt of a specific request therefor from the commanding officer
of a State soldiers' home.

\[30 FR 6435, May 8, 1965\]

**§1.516 Disclosure of information to undertaker concerning burial of a
deceased veteran.**

When an undertaker requests information believed to be necessary in
connection with the burial of a deceased veteran, such as the name and
address of the beneficiary of the veteran's Government insurance policy,
name and address of the next of kin, rank or grade of veteran and
organization in which he or she served, character of the veteran's
discharge, or date and place of birth of the veteran, and it appears
that the undertaker is holding the body awaiting receipt of the
information requested, the undertaker, in such instances, may be
considered the duly authorized representative of the deceased veteran
for the purpose of obtaining said information. In ordinary cases,
however, the undertaker will be advised that information concerning the
beneficiary of a Government insurance policy is confidential and cannot
be disclosed; the beneficiary will be advised immediately of the
inquiry, and the furnishing of the desired information will be
discretionary with the beneficiary. In no case will the undertaker be
informed of the net amount due under the policy or furnished information
not specifically mentioned in this paragraph.

\[46 FR 62059, Dec. 22, 1981\]

**§1.517 Disclosure of vocational rehabilitation and education
information to educational institutions cooperating with the Department
of Veterans Affairs.**

Requests from educational institutions and agencies cooperating with the
Department of Veterans Affairs in the vocational rehabilitation and
education of veterans for the use of vocational rehabilitation and
education records for research studies will be forwarded to central
office with the facility head's recommendation for review by the Under
Secretary for Benefits. Where the request to conduct a research study is
approved by the Under Secretary for Benefits, the facility head is
authorized by this section to release information for such studies from
vocational rehabilitation and education records as required: *Provided,
however,* That any data or information obtained shall not be published
without prior approval of the Under Secretary for Benefits and that data
contained in published material shall not identify any individual
veteran.

\[30 FR 6435, May 8, 1965, as amended at 66 FR 44053, Aug. 22, 2001\]