Posted on Mar 21, 2022
PFC Jaymes Shrader
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So I'm going through the medboard process and I had a telephonic appointment to give a summary of my medboard process so far, I told my Leadership I did not want them present due to HIPAA, the next day I get cussed out and intimidated by my 1SG who told me I cannot invoke HIPAA regs, appointment comes around and I am in the PSG office in my appointment the caller than spouts off things I didn't want my leadership knowing about which I filed claims for and got approved by the VA I am currently on 4 permanent profiles due to medical conditions and my PSG heard all my medical conditions that I currently have and claimed, can I go to IG about this toxicity, intimidation and HIPAA Violations?
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Responses: 122
GySgt Kenneth Pepper
126
122
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Your command didn't violate HIPPA, your healthcare provider did. As far as going to IG about being treated like a soldier, please don't waste their time and yours. Obviously they have decided that you are malingering or faking injury/illness. You are not going to change their minds by telling on them for treating you like a Soldier.
Choice #1: Just wait for your medboard package to be approved and try to stay off the radar. Quietly slip away.
Choice #2: Continue to stir the shit bucket and make the little time you have left even more difficult.
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SN Joseph Garcia
SN Joseph Garcia
3 mo
WELL IF THEY THINK ITS NOT REAL THEM THEY SHOULD AT LEASE TELL YOU
IN YOUR EMAIL OR ON MY HEALTH VA WEB SITE IF THEY THINK BULLSHIT
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SN Joseph Garcia
SN Joseph Garcia
3 mo
WHEN I WAS WORKING THE INSURANCE I HAD THEY TREATY ALL CONCERNS WITH RESPECT
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TSgt Dan Kenna
TSgt Dan Kenna
3 mo
GySgt Kenneth Pepper I (capitalized) x2
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MSG Lonnie Averkamp
MSG Lonnie Averkamp
3 mo
GySgt Kenneth Pepper - "....Baby in a Titty Bar.....", haven't heard that one in 25 years!
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SFC Intelligence Analyst
55
55
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You ultimately allowed them to be at your appointment - so no one violated HIPAA. You didn't have to hold the telephonic appointment in the PSG office and if you did, didn't have to have it on speaker (it sounds like it was on speaker). Did you tell the provider that you had the PSG in the room?

Why did your leadership even say they needed to be present for that appointment?

Your commander would be aware of everything going on with your medboard - and I believe 1SGs have access to the same thing commanders do as well since they have to know the readiness of all those in their formation. So your 1SG is probably aware of all your profiles. And wouldn't your PSG know about your medboard and potentially your four profiles?

The only one who possibly violated HIPAA is the provider IF you told them other people were in the room and they still disclosed any PHI.
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CPT Kurk Harris
CPT Kurk Harris
7 mo
The one thing I would say is that the Commander and 1SG have a right to know when and where your appointments are, but not what is said during the appointment. HIPAA would not apply to the Chain of Command because they are not part of the medical team. There are some exceptions, but they should still respect the soldier's privacy.

It sounds like the PSG was likely overzealous in processing the soldier and probably overstepped his bounds by relaying what he overheard to the commander.

Going to the IG in a case like this is not going to do anything for the soldier. At worst the Command team will be instructed to respect the soldiers' rights to privacy, but nothing of substance would be done here.
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SFC Intelligence Analyst
SFC (Join to see)
7 mo
MSgt Rafael Cortes - Army profiles will show if it's temporary or permanent and if it's a 2, 3, 4. If you get a 3 or 4 you trigger a medboard review. Then it lists limitations and whatever exercises can't be done or alternate exercises.

It also shows if you have any events on the ACFT that you can't do. I have a P2 for my knees and abdominal injury. So I don't do the run. I do the cardio alternates - for ACFT I do the rower. And I am exempt from the plank. Then at the bottom it shows what I can't do and alternates.
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SFC Intelligence Analyst
SFC (Join to see)
7 mo
MSgt Rafael Cortes - I'm sure the SM is now long gone this post is from Mar 2022 originally so I'm sure it got figured out.
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CPT Special Forces Officer
CPT (Join to see)
5 mo
The practitioner is required to have written approval to discuss anything. In the absence of that they cannot discuss anything with anyone but the patient (there are exceptions but they are reasonable). They cannot convey any type of information in any manner. However, this does not include the PRP associated with certain weapons (if that program still exists).
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SGM Erik Marquez
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PFC Jaymes Shrader "B Co, 2-506 IN, 3rd BCT, 101st ABN"
Your company, BN, BDE, DIV 1SG, CDR's, CSM's have been informed of your concerns. Im sure they will be able to speak to you about your concerns.
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CW3(P) Uh 60 Pilot
CW3(P) (Join to see)
>1 y
MSgt Earl King I can’t tell if you’re being sarcastic or not…. Lol. But if you aren’t (call me the gullible one), that information is easily available on his profile….
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MSgt Earl King
MSgt Earl King
>1 y
Let's get to the point...Your company has been informed of your concerns. I'm sure they will be able to speak to you about your concerns, my understanding is PFC Jaymes is no longer in the military, and neither is SGM Marquez, so what was SGM Marquez really doing?
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SSG Roger Ayscue
SSG Roger Ayscue
>1 y
SGM Erik Marquez please correct me if I am wrong, but, this PFC says he is on 4 profiles, which are a Medical Recommendation to the Commander and is kept on file at the unit to justify why or why not he is doing PT, unable to Jump, not going to the field, can't have loaded weapons etc. Profiles were not HIPPA and were only recommendations to the Commander. The Medications that a Soldier was taking was also information that the Commander was privy to so that you did not issue a loaded weapon to a Soldier on Valium.
Additionally, if I remember correctly, a Med Board is initiated by the commander and requires documentation from the Military Medical PCM to justify to JAG, and HRC that it is legitimate.

I have been retired for a minute, so things may have changed
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SFC James Cortez
SFC James Cortez
>1 y
I work in the medicare/medicaid insurance industry and am fluent on HIPAA regulations. Most people aren't really understanding of what that regulation really entails. This SGM gave the best advice one can give regarding this issue.
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