Should I go to IG for HIPAA Violation by my 1SG and PSG?

how many of you who are answering this are actually part of AMMED

68X here. Privacy and consent for disclosure of PHI/PII are always going to be there. When it comes to the medboard process your chain of command with be integrated with your care. They are the ones that the behavioral health team keeps in contact with. There's really a long trail of paperwork that is filled out, and somewhere along the line there was justification for a medboard to be initiated from your care provider in conjunction with being unfit for duty and not retainable.

From a behavioral health perspective, to be a PFC and possibly have less than 2 years of service with 4 permanent profiles raises many red flags with all medical units and command.

You can do a few things regarding IG. No one can stop you from going to IG and initiating an investigation.

Before pursuing the legal realm, go to your outpatient behavioral health and seek guidance about your stress and situation in the meantime.

With the remaining time in your army know that no matter what you do shit trickles downhill.

HIPAA, the Health Information Portability and Accountability act of 1996, is an often referred to and misunderstood thing. It regulates under what circumstances persons who have access to certain health information may share with others. It does not prohibit anyone from asking or listening.

Sure, you can go see the IG about anything. Then they can explain to you that if you consented to a third party being in your interview, it is unlikely that a HIPAA violation occurred. In addition, it is the responsibility of the person/s who holds protected health information to comply. It is not your sergeant's responsibility to plug his ears and not listen.

An unanswered question here is what was the nature of this telephonic appointment and why was your PSG there in the first place?

If you don't feel you can have a conversation about this with the PSG or 1SG, then make an appointment with the Commander, who has ultimate responsibility.

Meanwhile a trip to talk with a neutral party, i.e., the Chaplain or a counselor might be most helpful.

Not sure HIPAA even applies in this situation.

Not only should you contact the IG but you should also contact your Congressman just in case the IG doesn’t do their job.

HIPAA Privacy Rules don't seem to fit the circumstances your complaint refers to. HIPAA only applies to health plans, health care clearinghouses, and healthcare providers that conduct certain healthcare transactions electronically, none of these conditions seem to have been violated. The fact that someone was present and you knew they were present, is not a violation of HIPAA Privacy Rules. You had the opportunity to inform those who were conveying the information that there were others present and you did not feel it appropriate that the individuals present should be privy to your personal health information. If you did state that and they continued, you might have a complaint, but it's doubtful. Health care providers may disclose the necessary protected health information to anyone who is in a position to prevent or lessen the threatened harm, including family, friends, caregivers, and law enforcement, without a patient's permission.

I guess the better question is, if there is nothing to hide with all your medical issues that you want to get paid for, What's the problem?

Hmmm. Med Board. REally. Your profile pic marks you as young and healthy. What's the real deal here? Just asking, as a nosey old army nurse.

Well... let's go over the myriad of issues here. You can request for intervention by your CO, if you jump to the IG, you are going to rip open a hornets nest. If you had command members there under duress, that's intimidation. If you didn't tell the medical personnel they were in the room, that's on you. From a command perspective, the only time I went to medical appointment/exam with a Marine or Sailor was when I had a malingering individual or it had something to do with confinement. If neither had to do with you, do your research and approach it by the right process. If either applied, if you file a complaint, your departure from the service may be "extended" in lieu of investigation.

I personally would NOT, as it would make a difficult situation even more so for you. I would however, have mentioned to person on the phone that you were not in a private setting, and let them know who was there. It is on the Health professional and you as to whether the call proceeds or not (and in your case, it sounds like it should).

The last bit of advice I can offer is document EVERYTHING! Dot the I's and cross the T's.