Posted on Sep 17, 2015
Unit is requesting Soldiers Civilian and Military records for next BA
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What are you guys opinion on this? I have nothing to hide. But just cause we're an over strength unit, they're request ion medical records to push soldiers out or out of the military. My opinion stays out, I just want to know others
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SPC (Join to see) If there is a SRP scheduled then the request makes sense. The medical side of a SRP is supposed to look at both military and civilian medical records to ensure each Soldier is fit to serve in the military and to ensure the Soldier is not putting themselves at risk by covering up a medical issue.
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SFC (Join to see)
COL Jon Thompson If a Soldier doesn't provide their civilian Med docs we don't have much recourse. BUT if they have a pending Med board, LOD etc and we counsel them to bring in all of their docs pertaining to that specific event and they don't. They can be discharged for failure to comply.
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COL Jon Thompson
SFC (Join to see) - That makes sense on an individual level and I would agree. This just seems strange for the entire unit to be instructed to do so. Thanks for the reply.
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SFC (Join to see)
Like I stated in a earlier reply when we have our annual PHA's we instruct our Soldiers to bring EVERYTHING with them. It's not to kick them out etc., but to make sure that they are properly taken care of from the military side of the house for Readiness etc.
Does that mean if they don't bring all their docs in they can get in trouble? Not necessarily(we don't know of the issue), BUT if something happens while they are on military duty, and something comes up and they aggrevate etc that opens a whole new set of issues.
Does that mean if they don't bring all their docs in they can get in trouble? Not necessarily(we don't know of the issue), BUT if something happens while they are on military duty, and something comes up and they aggrevate etc that opens a whole new set of issues.
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MAJ (Join to see)
COL Jon Thompson - As SFC (Join to see) stated there is no repercussions for not bringing in medical records but if a Soldier is previously injured and tries to hide it and then is injured to a greater degree, it can negatively effect the unit's mission.
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Suspended Profile
Medical records are protected by HIPAA requirements, even in the military. I don't know what BA is, but this doesn't sound kosher to me...
COL Jon Thompson
MAJ (Join to see) - The USAR changed that a few years ago. I am not sure why since we rarely assembled for battle during the weekends. The NG still calls them drills which makes sense and is easy for civilians to understand.
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Suspended Profile
SFC (Join to see) certainly providing medical information to medical personnel is legal, but the command cannot legally access your medical info can they?
SFC (Join to see)
We can't just go in and look at everything. We do have access to all of their military Med records. Key to all of it is HIPPA. We have limited number of personnel that do have access, but it is only for what we need it for.
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Suspended Profile
Thank you for the clarification...
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HIPAA applies even in the military. However, that said, if someone is HIPAA trained and is the person identified to do the investigations and update records, they can review them. I was assigned to do our LOD investigations for a time and had to request and review all medical records and documentation relating to the event in question.
All that being said, I highly doubt that is the case. I feel like what they were meaning to do was request documentation for an SRP, annual PHA, or records review. Serious medical issues are supposed to be reported at PHAs as well. I'm guessing they may be seeing if anyone slipped up and didn't report something as well.
Even with all that, it will be very difficult to do all of this legally and use it to kick someone out of the military. It sounds more like someone is not providing the proper guidance and clarification on what is going on.
I would ask your first line leader for clarification and then seek out guidance from your unit JAG if you're still not comfortable. There are programs and routes in place to help Soldiers if the chain of command is negligent or violating regulation/law.
All that being said, I highly doubt that is the case. I feel like what they were meaning to do was request documentation for an SRP, annual PHA, or records review. Serious medical issues are supposed to be reported at PHAs as well. I'm guessing they may be seeing if anyone slipped up and didn't report something as well.
Even with all that, it will be very difficult to do all of this legally and use it to kick someone out of the military. It sounds more like someone is not providing the proper guidance and clarification on what is going on.
I would ask your first line leader for clarification and then seek out guidance from your unit JAG if you're still not comfortable. There are programs and routes in place to help Soldiers if the chain of command is negligent or violating regulation/law.
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MAJ (Join to see)
SFC (Join to see) - Agreed! I think someone is just not provided the Soldiers the information they need.
I've seen a significant influx of JAG complaints, Congressional complaints, etc in the last few years and almost every time it is tied back to either 1) The Command not putting enough/the right information out or 2) A Soldier being impatient and not letting the system work (saw this happen twice).
This situation is a perfect example of why we need to treat Soldiers like adults (unless given a reason not to) and provide the information.
I've seen a significant influx of JAG complaints, Congressional complaints, etc in the last few years and almost every time it is tied back to either 1) The Command not putting enough/the right information out or 2) A Soldier being impatient and not letting the system work (saw this happen twice).
This situation is a perfect example of why we need to treat Soldiers like adults (unless given a reason not to) and provide the information.
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MAJ (Join to see)
SPC (Join to see) - To clarify, don't be afraid to ask. If you get punished for asking for clarification on a tasking, there is already a problem, which you'll get an opportunity to address in a command climate survey at some point.
I would simply ask for clarification and if they push back on why you're asking simply reply with something to the effect of "I just want to ensure I fully understand what is being requested so I can comply properly with all necessary records and documentation needed." Be respectful, polite, and courteous when doing so.
I would simply ask for clarification and if they push back on why you're asking simply reply with something to the effect of "I just want to ensure I fully understand what is being requested so I can comply properly with all necessary records and documentation needed." Be respectful, polite, and courteous when doing so.
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SFC (Join to see)
Exactly Sir!!
SPC (Join to see) . Here's an example of what we are talking about.
Soldier A is a MDAY Soldier. He goes to his civilian Dr, and his Dr has determined that he has high blood pressure and prescribes him BP meds. Do you think that his military CoC needs to be aware of this and also annotated in his med records?
That may seem like an extreme example but it isn't.
You are def doing the right thing and asking questions. How else do we learn without asking? Lol.
SPC (Join to see) . Here's an example of what we are talking about.
Soldier A is a MDAY Soldier. He goes to his civilian Dr, and his Dr has determined that he has high blood pressure and prescribes him BP meds. Do you think that his military CoC needs to be aware of this and also annotated in his med records?
That may seem like an extreme example but it isn't.
You are def doing the right thing and asking questions. How else do we learn without asking? Lol.
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