Posted on Aug 3, 2020
CoC other than commander are asking me about my medical diagnosis and prognosis, is that legal?
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What is the extent afforded to me by HIPAA? I understand that the commander may need to know information but others in my chain of command are continuesly asking for information including what diagnosis the doctors have given me. One I feel its breach of trust ; two people talk ; three my personal information, especially medical, should be a need to know basis not every one and their brothers need to know. Is this ground for article 138 or similar complaint?
Posted >1 y ago
Responses: 7
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Thanks for the information CW5 Jack Cardwell, suppose I wasn't using the right keywords to find an answer
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They may be truly concerned about your well-being.
They may be concerned with your fitness for duty, to perform a particular assignment, or other activities.
They may be wondering if you are headed to a MEB, MAR2, or on track to just stay in the position.
They may be wondering about a time frame for a profile, surgery and recovery.
If you are MDAY they may be concerned how this impacts your civilian job and income.
And they might think they can answer some or all of these questions faster if they know the diagnosis, but they aren't doctors.
However, all of those questions can be answered without disclosing a diagnosis or prescription. If you do that and they are still asking HIPAA questions, talk to your commander.
They may be concerned with your fitness for duty, to perform a particular assignment, or other activities.
They may be wondering if you are headed to a MEB, MAR2, or on track to just stay in the position.
They may be wondering about a time frame for a profile, surgery and recovery.
If you are MDAY they may be concerned how this impacts your civilian job and income.
And they might think they can answer some or all of these questions faster if they know the diagnosis, but they aren't doctors.
However, all of those questions can be answered without disclosing a diagnosis or prescription. If you do that and they are still asking HIPAA questions, talk to your commander.
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I spoke to my liason here and she contacted them to inform them they need to speak with my case manager to get the information related to what they are asking me to send them. I appreciate all the responses and help
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