[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54704-54705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23626]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 1 and 2

RIN 2900-AH98


Release of Information From Department of Veterans Affairs 
Records

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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SUMMARY: This document withdraws a Department of Veterans Affairs (VA) 
proposed rule, published in the Federal Register on September 10, 1998 
(63 FR 48455). This action is necessary to further amend the proposed 
rule in view of recent changes in the law. The VA intends to rewrite 
its privacy rules in accordance with these changes and republish a 
proposed rule for notice and comment.

DATES: This proposed rule is withdrawn on September 18, 2003.

FOR FURTHER INFORMATION CONTACT: Lorrie Johnson, Deputy Assistant 
General Counsel (024A), Office of General Counsel, Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone number (202) 273-6358. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: In a proposed rule published in the Federal 
Register on September 10, 1998 (63 FR 48455), the Department of 
Veterans

[[Page 54705]]

Affairs (VA) proposed to amend its regulations governing the 
confidentiality and release of VA records subject to the Privacy Act, 5 
U.S.C. 552a, the Freedom of Information Act (FOIA) (including the 
Electronic Freedom of Information Act Amendments of 1996, Pub. L. 104-
231), 5 U.S.C. 552, and the veterans' records confidentiality statute 
(section 5701), 38 U.S.C. 5701.
    Recent changes in the law necessitate further revision of those 
regulations. In 1996, section 264(c)(1) of the Health Insurance 
Portability and Accountability Act (HIPAA) tasked the Department of 
Health and Human Services (HHS) with promulgating standards to protect 
the privacy of individually identifiable health information as defined 
in 42 U.S.C. 1320d(6). Pub. L. 104-191, Title II, Subtitle F (sections 
261-64) (1996). HHS promulgated the standards, with subsequent 
amendments, in regulations located at 45 CFR parts 160 and 164, 
commonly referred to as the Privacy Rule. 65 FR 82462-82829 (2000), as 
amended by 67 FR 533182-273 (2002). The HIPAA Privacy Rule prescribes 
how covered entities may use and disclose certain individually 
identifiable health information. The Veterans Health Administration is 
a covered entity subject to the Privacy Rule.
    Accordingly, VA should amend its records confidentiality and 
release regulations to be consistent with the HIPAA Privacy Rule. Thus, 
VA is withdrawing the proposed regulations at this time. When the 
regulations have been rewritten to be consistent with the HIPAA Privacy 
Rule, VA will republish them for notice and comment.

    Approved: June 25, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
[FR Doc. 03-23626 Filed 9-17-03; 8:45 am]
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