Can my leadership request my personal medical records?

PFC Private RallyPoint Member — Mon, 23 Jul 2018 10:35:49 -0400

Is my leadership allowed to ask for my medical records? As in make me go to the hospital and request my lab and test results and bring them to them?

Response by SFC Marc W. made Jul 23 at 2018 11:11 AM

SFC Marc W. — Mon, 23 Jul 2018 11:11:22 -0400

You're lacking the context of why they're asking. Are you missing work, do you need surgery, are you limited because of XX condition, what kind of tests are they trying to get info on? Generally no, you don't have to give them all that personal information, that's why PAs issue physical profiles. However, there are times especially if they suspect drugs or alcohol in reference to a situation etc where it would be appropriate, but that usually requires a commander to inquire.

Response by 1SG Charles Hunter made Jul 23 at 2018 11:14 AM

1SG Charles Hunter — Mon, 23 Jul 2018 11:14:37 -0400

Yes. I assume you're referring to your records at a military facility. Your command does not need your permission for that. They can likewise access information from a civilian facility which has been incorporated into your military medical record.

Response by COL John McClellan made Jul 23 at 2018 11:18 AM

COL John McClellan — Mon, 23 Jul 2018 11:18:41 -0400

Certainly if the test was performed by the military - or outsourced - but for military reasons, i.e. duty-related, then yes! There are some guidelines on confidentiality that still have to be followed but if the Army had you examined for some reason, those are actually the Army's records, and not yours.

Response by SFC Private RallyPoint Member made Jul 23 at 2018 12:33 PM

SFC Private RallyPoint Member — Mon, 23 Jul 2018 12:33:54 -0400

Being in the military does not exempt your command from federal HIPAA requirements. If the Army owned your records as other suggested, then your command has only to request the tests from your provider. There are certain times when this happens, and those specific records will be released to the command. For instance, if you're caught doing drugs on a lab test. Anything that your command is authorized to have, they don't need your permission to access.
You are well within your rights to tell your command they can request anything they need from your provider

Response by SGT Tony Clifford made Jul 23 at 2018 1:07 PM

SGT Tony Clifford — Mon, 23 Jul 2018 13:07:05 -0400

If they have a legitimate reason for your medical records, they wouldn't need you to pick them up. They could just call the med center and have them sent to them.

Response by SSG Jose M. Hernandezsanchez made Jul 23 at 2018 1:39 PM

SSG Jose M. Hernandezsanchez — Mon, 23 Jul 2018 13:39:17 -0400

I'm sorry, but this is one of those questions that makes me go, hmmmmm. For your leadership to go out of their way to place such request, there has to be more to your story PFC Pannell. I have seen this happened before with some major issues with Soldiers, but only when certain tests were conducted. I don't know about records though.

Response by MAJ Bryan Zeski made Jul 23 at 2018 2:03 PM

MAJ Bryan Zeski — Mon, 23 Jul 2018 14:03:51 -0400

I think the short version here is: If your command needs your records, and is authorized to receive you records, then they can ask the hospital for those records and get them. Having YOU do it and bring it to them doesn't sound quite right. I'd request that they ask for them from the hospital directly.

Response by CSM Darieus ZaGara made Jul 23 at 2018 2:25 PM

CSM Darieus ZaGara — Mon, 23 Jul 2018 14:25:34 -0400

This to vague. If they have a reason to request them form you it is likely they have the authority to review them. Only you know why they are inquiring. If you know it is something they will otherwise get from your records then why give them a hard time. Unlike a civilian employee there are many reasons and ways for them to access. If you feel they are somehow violating your rights simply contact you unit physician and ask. Thank you for your service.

Response by SFC Private RallyPoint Member made Jul 23 at 2018 2:50 PM

SFC Private RallyPoint Member — Mon, 23 Jul 2018 14:50:19 -0400

They can request them from your provider or the hospital - not you. And I don't think any clinics give you your records unless your PCSing (to make copies - I got them to make a copy before I left Lewis) or ETSing.

Why are they asking? Without more info - I'd suggest to my leadership to do it the right way and the commander requests the records from the provider or the hospital.

Response by PFC Private RallyPoint Member made Jul 27 at 2018 6:54 PM

PFC Private RallyPoint Member — Fri, 27 Jul 2018 18:54:29 -0400

No only the commander can ask for them. If your NCO's adk for it you have every right to deny access to them cause of HIPAA. But in your best interest I would just give it to them cause usually it's the commander that is having them ask for it.

Response by PVT Private RallyPoint Member made Jul 31 at 2018 8:22 AM

PVT Private RallyPoint Member — Tue, 31 Jul 2018 08:22:17 -0400

Yes, depending on the situation