CoC other than commander are asking me about my medical diagnosis and prognosis, is that legal?

2020-08-03T05:41:18-04:00

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?

Response by CW5 Jack Cardwell made Aug 3 at 2020 5:45 AM

2020-08-03T05:45:28-04:00

https://www.health.mil/Military-Health-Topics/Privacy-and-Civil-Liberties/HIPAA-Compliance-within-the-MHS/Military-Command-Exception#:~:text=The%20Health%20Insurance%20Portability%20and%20Accountability%20Act%20(HIPAA)%20permits%20protected,be%20disclosed%20under%20special%20circumstances.&text=PHI%20disclosed%20to%20military%20command,the%20Privacy%20Act%20of%201974.

...

Response by CSM Darieus ZaGara made Aug 3 at 2020 7:04 AM

2020-08-03T07:04:16-04:00

This is information becomes a need to know. You share with your Commander, they determine the need to know and only they should have the details. This will almost assuredly include your direct COC/NCO support channel. It is impossible for your first line supervisor, who is in your COC to Supercise you in your duties if they are unaware of your issue to the extent that they need to know. Otherwise, should this information make it to a broader audience the command needs to step in a squash the gossip.

Response by MAJ John Lavin made Aug 3 at 2020 7:55 AM

2020-08-03T07:55:13-04:00

HIPAA protection as a member of the US Military on AD? Yep, I guess even members of the US Military on AD are protected under the HIPAA laws. But being protected does not prevent someone with a need to know from bluntly asking you for all the information he or she needs so he or she can properly do their job. And when they ask you, you have a duty, yes a legal duty, to provide them with all the information they need. If you find out that the person who needs to know didn’t keep the confidentiality information confidential, you have a legal right to use the Chain of Command to remedy the matter. So give the information to NCO’s, Officers and DOD Civilians who need to know and stop fearing what they will do with the information. Because confidential information about your health is confidential information just like confidential paperwork with all those blue covers is confidential and the person who has that information Is bound by both HIPAA and the legal confidentiality laws that if violated has the same legal consequences for that person.

Response by SPC Private RallyPoint Member made Aug 3 at 2020 8:39 AM

2020-08-03T08:39:13-04:00

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

Response by SGM Private RallyPoint Member made Aug 3 at 2020 8:52 AM

2020-08-03T08:52:13-04:00

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.

Response by SGM Bill Frazer made Aug 3 at 2020 3:06 PM

2020-08-03T15:06:32-04:00

You don't have to tell them, but they have a valid concern because it affects manning and plans which they have to balance, It isn't being nosy for gossip- but you don't have to say anything to them- let the CO tell them whether or not to count on you.

Response by CPT Private RallyPoint Member made Aug 3 at 2020 3:35 PM

2020-08-03T15:35:27-04:00

When I found out as a company commander I needed to have access to MEDPROS (to manage visibility of my unit readiness numbers) my heart sank. The less access to that sort of stuff the better. I gain nothing by having more access to sensitive personal data. All that seems to matter is tracking medical data for the sake of profiles and deployability. Only the Commander and the S1 need to know, and only for the sake of reporting readiness numbers up the chain.

If someone needs to be excluded from an exercise or mob, then the Operations NCO would need to know, but not WHY. The system will generally flag them anyway.

If I was unaware of something medical about a soldier I didn't go digging for it. If the soldier wanted to get out of various duties or mobilizations, well, it was on THEM to see that the valid medical data got uploaded into the system by way of assistance from the S1 and myself if needed (such as Commander Statements supporting a soldiers ability to do their job).

My job was to make sure everyone went to their annual medical exams and it got in the system.