Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 1 - General Provisions › Section VA 1.10 - Release of information and records

Current through June 24, 2024
(1m) RECORDS
			 PRIVACY. All records and papers of the department or of a county veterans
			 service office are to be utilized in a manner to best serve the public
			 interest, but the veteran's right of privacy as to information pertaining to
			 military service and to confidential information contained in applications for
			 benefits shall be protected. The release of a veteran's record containing
			 confidential information, protected health information, or personally
			 identifiable information shall conform with the Health Insurance Portability
			 and Accountability Act (HIPAA) and other applicable federal and state
			 confidentiality and privacy laws and regulations.
(2m) VETERANS ADMINISTRATION RECORDS AND
			 SEPARATION DOCUMENTS. Notwithstanding anything to the contrary contained in
			 subs. (6) to (12), separation documents and copies thereof evidencing service
			 in the U.S. armed forces and records and papers in the possession of the
			 department or county veterans service office that are released to the
			 department or county veterans service office, by or from the USDVA, or that
			 contain information provided by the USDVA are confidential. Release of
			 information from such documents, records, or papers may be made only as
			 provided in s.
			 45.04(2) and
			 (3), Stats. The department may, however,
			 confirm the veteran status of a person where such confirmation will assist the
			 person in obtaining benefits.
(3)
			 RECORDS ARE CONFIDENTIAL. Records pertaining to any application for benefits,
			 whether pending or adjudicated, shall be deemed confidential and no disclosure
			 shall be made except in the circumstances and under the conditions set forth in
			 subs. (6) to (15).
(6) DISCLOSURE
			 OF MEDICAL INFORMATION.
(a)
To
			 veterans.
Information contained in medical records pertaining to
			 applications for benefits from the department that are on file with the
			 department or county veterans service office may be released to the veteran
			 upon receipt of a written request.
(b)
To physicians and
			 hospitals.
Information contained in medical records of a veteran or a
			 member pertaining to medical history, diagnosis, findings, or treatment
			 contained in an application for benefits from the department may be disclosed
			 directly to a physician or hospital upon written request and the submission of
			 a written authorization from the veteran or the member, or in the event the
			 veteran is incompetent, from the veteran's duly authorized representative. This
			 information will be released only with the consent of the patient and on the
			 condition that it is to be treated as a privileged communication in accordance
			 with sub. (1m). The information may be released without the consent of the
			 veteran or the veteran's representative when a written request for the
			 information is received from the USDVA, the United States public health
			 service, the superintendent of a state hospital, a commissioner or head of a
			 state department of mental hygiene, or head of a state, county, or city health
			 department.