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38 U.S.C. § 1753 — Voluntary participation; confidentiality
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title.
**(b)** Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in [section 7332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7332&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-38/section-1753-voluntary-participation-confidentiality--6ddaf1c85d.md
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Source location: Title 38, Chapter 17, § 1753; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md
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**(a)** The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title.
**(b)** Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in [section 7332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7332&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
**(b)**
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia which is carried out by or for the Department under this title shall, except as provided in subsections (e) and (f), be confidential, and ([section 5701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5701&num=0&edition=prelim) to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
(2) Paragraph (1) prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.
**(b)**
(1) The content of any record referred to in subsection (a) may be disclosed by the Secretary in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Secretary.
(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed by the Secretary as follows:
(A) To medical personnel to the extent necessary to meet a bona fide medical emergency.
(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial aud
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
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Federal law — U.S. Code and appendices · legal_authorities
Page 479
TITLE 38—VETERANS’ BENEFITS
[§§ 1761 to 1764
§ 1753. Voluntary participation; confidentiality
(a) The participation by any person in any pro-
gram or portion thereof under this subchapter
shall be wholly voluntary and shall not be a pre-
requisite to eligibility for or receipt of any
other service or assistance from, or to participa-
tion in, any other program under this title.
(b) Patient records prepared or obtained under
this subchapter shall be held confidential in the
same manner and under the same conditions
prescribed in section 7332 of this title.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973,
87 Stat. 187, § 653; amended Pub. L. 94–581, title I,
§ 111(b), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 102–40,
title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; re-
numbered § 1753, Pub. L. 102–83, § 5(a), Aug. 6,
1991, 105 Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83 renumbered section 653 of this
title as this section.
Subsec. (b). Pub. L. 102–40 substituted ‘‘7332’’ for
‘‘4132’’.
1976—Subsec. (b). Pub. L. 94–581 substituted ‘‘Patient
records prepared or obtained under this subchapter
shall be held confidential in the same manner and
under the same conditions prescribed in section 4132 of
this title’’ for ‘‘The Administrator shall promulgate
rules and regulations to insure that all information and
patient records prepared or obtained under this sub-
chapter shall be held confidential except for (1) such in-
formation as the patient (or his guardian) requests in
writing to be released or (2) statistical data compiled
without reference to patient names or other identifying
characteristics’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–581 effective Oct. 21, 197
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1753
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