Page:United States Statutes at Large Volume 90 Part 2.djvu/1382

 90 STAT. 2850

.

38 USC 4133. 38 USC 601 et

PUBLIC LAW 94-581—OCT. 21, 1976 tained, gives written consent, the content of such record may be disclosed by the Administrator 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 audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient or subject in any report of such research, audit, or evaluation, or otherwise disclose patient or subject identities in any manner. "(C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. "(3) In the event that the patient or subject who is the subject of any record referi-ed to in subsection (a) of this section is deceased, the content of any such record may be disclosed by the Administrator only upon the prior written request of the next of kin, executor, administrator, or other personal representative of such patient or subject and only if the Administrator determines that such disclosure is necessary for such survivor to obtain benefits to which such survivor may be entitled, including the pursuit of legal action, but then only to the extent, under such circumstances, and for such purposes as ma^ be allowed in regulations prescribed pursuant to section 4131 of this title. "(c) Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) of this section may be used to initiate or substantiate any criminal charges against, or to conduct any investigation of, a patient or subject. "(d) The prohibitions of this section shall continue to appl^ to records concerning any person who has been a patient or subject, irrespective of whether or when such person ceases to be a patient. "(e) The prohibitions of this section shall not prevent any interchange of records— " (1) within and among those components of the Veterans' Administration furnishing health care to veterans, or determining eligibility for benefits under this title; or "(2) between such components furnishing health care to veterans and the Armed Forces. "(f) Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $.5,000 in the case of each subsequent offense. '^§4133. Nondiscrimination in the admission of alcohol and drug abusers to Veterans' Administration health care facilities "Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers and who are suffering from medical disabilities shall not be discriminated against in admission or treatment, solely because of their alcohol or drug abuse or dependence, by any

�