Posted on Feb 8, 2023
Does your chain of command have access to/request your civilian spouse's medical records if they go to a civilian doctor?
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I am the primary caregiver of my wife who is on EFMP. I got a new assignment and had orders to arrive on a given date. I arrived on said date and checked into my unit. The Army, per usual, wanted to know where I was before I arrived. I gave them the dates of my wife's appointments/treatment. That should be enough (In total, it was about a month of care/treatment. So I requested a combination of Primary Caregiver Leave and PCS Leave).
If it's not enough, can my chain of command reach out to my wife's doctors for her medical records? Or is that a violation of HIPPA? What are they allowed to ask her doctors if they reach out to them?
If it's not enough, can my chain of command reach out to my wife's doctors for her medical records? Or is that a violation of HIPPA? What are they allowed to ask her doctors if they reach out to them?
Posted 3 y ago
Responses: 3
It's not a violation of HIPAA for your command to reach out and ask. It is a violation of HIPAA for her provider to give them any information (especially her medical records) without her permission. The command likely wants to verify all the appointments that will require you to be away from your place of duty. It's your responsibility to provide them with sufficient proof of those appointments. A handwritten or emailed listing of appointment days/times probably isn't sufficient; the command will likely require something official from the provider indicating those dates, and they will also want some justification that you are needed at all of those appointments. So, provide the command with what they need to ensure that you're asking for reasonable accommodations for your spouse's legitimate health needs under the EFMP.
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There is t much here. The short answer is no they cannot access your spouses civilian record, things to think about, does she have a military primary care or a civilian. Will the information being held back improve or complicate her treatment. Your spouse not providing as much as necessary to continue to treat her as an EFMP is crucial. For this alone your query concerns me.
EFMP is. It a program that continually allows you to miss duty to perform as a primary care. Each duty position at each installation will have a set of criteria that is followed in order to determine if you are mission ready. I would encourage your spouse to keep the military doctors or commanders abreast of treatment as a note from a civilian doctor does not dictate the term of the EFMP as it is managed at each installation.
Depending on many factors you can also be separated from service for failing to have a suitable Care Plan allowing you to perform your duties.
I do hope your wife is well.
EFMP is. It a program that continually allows you to miss duty to perform as a primary care. Each duty position at each installation will have a set of criteria that is followed in order to determine if you are mission ready. I would encourage your spouse to keep the military doctors or commanders abreast of treatment as a note from a civilian doctor does not dictate the term of the EFMP as it is managed at each installation.
Depending on many factors you can also be separated from service for failing to have a suitable Care Plan allowing you to perform your duties.
I do hope your wife is well.
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PFC (Join to see)
Thank you, CSM. My wife has her good and bad days but overall she is doing better.
While she is on Tricare, her PCM is a civilian. We just didn't know how much information we would be allowed to give to my command as supporting documents for my leave, given HIPPA. And if my chain of command would need to reach out to her civilian doctors for anything further.
I am at my post now and her EFMP records have been transferred from my previous assignment. We are in the process of making a new family care plan since I am at my new unit
While she is on Tricare, her PCM is a civilian. We just didn't know how much information we would be allowed to give to my command as supporting documents for my leave, given HIPPA. And if my chain of command would need to reach out to her civilian doctors for anything further.
I am at my post now and her EFMP records have been transferred from my previous assignment. We are in the process of making a new family care plan since I am at my new unit
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CSM Darieus ZaGara
PFC (Join to see) glad she is well and you are on top of her process. Like I said, in these cases sharing information is prudent when support is an issue. How much and to who is dictated by your spouse, not the military and not the military care givers. Again, if it is helpful to her care she alone gets to decide.
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