Posted on May 24, 2021
Can a commander request medical results from providers?
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So recently I found out my commander had asked my PCM for some results on some issues I'm having with my heart. I didn't even know my results yet because I was waiting on my follow up, but someone the commander was able to get it before me without signing anything saying that I give permission
Posted >1 y ago
Responses: 5
There are exceptions made for Military Commands. There are clear rules that manage it. If you feel that your HIPAA rights were not upheld speak to patient relations but I would walk through everything before you ring that bell because they are probably within the boundaries of Military Command Exception. https://www.health.mil/Military-Health-Topics/Privacy-and-Civil-Liberties/HIPAA-Compliance-within-the-MHS/Military-Command-Exception
Learn more about the Military Command Exception; specifically, as it relates to the HIPAA Privacy Rule and applicable DoD issuances in that a DoD covered entity (CE) may use or disclose the protected health information (PHI) of Armed Forces members for activities deemed “necessary by appropriate military command authorities to assure the proper execution of the military mission.”
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Medical providers will sometimes call the commander directly if there is a significant readiness or safety concern. “This Soldier should not be doing physical activity until we get a better idea of what’s going on,” “this Soldier is non-deployable due to behavioral health issues,” etc. If you were put on a temporary or permanent profile, they entered it into an automated system that the commander can view.
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CPT Lawrence Cable
In this case, with the soldier having Heart issues, if I were the Commander, I would at least want to know what limitations on duty this soldier needs. That should be spelled out in a profile, but if the Primary Care Physician hasn't done a profile yet, it would still be prudent to know some limits.
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In short they can request and update on your health. In fact, depending on the result the physician would be obligated to disclose the primary issue. There is nothing nefarious about it.
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Military commanders have the right to question the health of people in their unit, if readiness is a factor. I, nor did any Commanders I ever worked for, use it. If you feel your commander went around you and violated your rights, I would schedule office hours (or whatever you call a meeting with them) and ask them about it. Always give the commander the chance to answer if they chose to, before going outside the unit for resolution. If you aren't provided reasonable response, then you can go to your health provider and talk to them about next steps.
I hope you are okay, and everything works out.
I hope you are okay, and everything works out.
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SPC (Join to see)
Thanks for the concern sir, I'm fine as of now but I'm definitely going to be digging into this more. I'll try to keep this post updated
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Your commander is responsible for the readiness and state of his unit. Your health condition affects that. He has a right to inquire as to your health state but the information he or she can obtain is limited. They do not need your authorization for this but do require it if there is a broader disclosure to be made.
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