Posted on Mar 21, 2022
Should I go to IG for HIPAA Violation by my 1SG and PSG?
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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?
Toxic Leadership
Inspector General
Career Counselor
Career Advice
Posted >1 y ago
Responses: 120
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Sound to me you are trying to be slick willie and hide medical issues your Command already know and or they will be informed after the fact. I can’t remember my entire career a soldier having 4 permanent profiles. With claimed sound the CMDR and 1SGT kick your 4pt contact (ass). With 4 permanent profiles can you fulfill your army duties? Also sound like you just got in the service and trying to wimp out of perform your duties..
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If you want to delay your discharge go ahead and start with the IG. Then you can sit around the unit for a few months doing shit details until you get a response from IG. The response may not be what you hoped . You will not get revenge. Take your discharge and get out.
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PFC Jaymes Shrader
IG will not hold a soldier unless they are the cause for complaint that being said they will continue investigating even after I got out if they suspect more problems with the unit, and I ended up getting medical retirement.
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The Command is authorized ALL of your medical records and any pertinent information in regards to the MEB Process. If you are going through an MEB, then the command is notified as to what conditions are deemed disqualifying. If the MEB hasn't given you a NARSUM that states you have disqualifying conditions, your MEB hasn't been approved. HIPPA does not apply if the command is entitled to the information.
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SSG (Join to see)
You clearly don’t understand how this works. I just completed the MEB process. My command was entitled to all the information even if I didn’t tell them. Commanders have the sole authority to request and view any soldier in their commands information if it’s necessary to the accomplishment of their mission. You can’t invoke HIPAA if they are allowed to request and view it. It would be futile for you to continue this conversation considering both commander and 1SG have access to MODS and can see basically everything already.SPC Morris Johnson
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Suspended Profile
That’s actually quite false and I sincerely hope you do not give false information like this to other soldiers. Firstly, ONLY the CDR is allowed access to PHI, or someone the CDR designates (likely a 1SG or a senior CPT in the company), and they are ONLY allowed minimal information regarding a soldier’s PHI and does not permit a CDR to have access to a soldier’s full medical records unless authorized by the soldier. I would suggest researching such topics so you will provide your soldiers will factual information rather than giving them a simple answer that would seem like a superior directive.
https://www.health.mil/Reference-Center/Fact-Sheets/2022/01/05/Info-Paper-Military-Command-Exception-and-Disclosing-PHI-of-Armed-Forces-Personnel
https://www.health.mil/Reference-Center/Fact-Sheets/2022/01/05/Info-Paper-Military-Command-Exception-and-Disclosing-PHI-of-Armed-Forces-Personnel
PFC Jaymes Shrader
SSG (Join to see) he's right my 1SG was put on the hotplate for pulling the stunt, I ended up getting retirement anyways
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I was in the right and you are all right about HIPAA not pertaining to leadership already identified that problem but the 1SG still gave an unlawful order which is currently being investigated by IG. This is no longer an issue seeing as it has moved onto a higher authority even IG told me I was right to come to them for that issue as well as some other issues that are also being investigated.
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SFC (Join to see)
A lot of people here saying things that don’t add up to how HIPAA works regarding military personnel. The Commander’s right to determine the fitness of service members in the command is used by going to speak with the medical officer. Period. Your direct leadership isn’t qualified to make a medical determination and they don’t have the authority. Their opinion is immaterial and they have no need to know. The posts above from people of consequential rank demonstrates some serious ignorance of how the regulations work and should be alarming to the Commanders concerned. Your Commander should be determining your fitness based on the facts given from a competent authority and that’s the medical officer. Not the PSG, not even you. The PSG gets your profile, that’s all he’s entitled to. Breaking the profile is done at risk to the Commander.
I’ll say it again. Commander’s speak directly to the medical officer to make a fitness determination. Your PSG’s opinion is immaterial and has no need to know. He gets a sick call slip.
To sum this up, your appointments are tracked and you owe them accountability. Any information that your PSG needs or wants to know comes in the form of an order from the Commander or a DD 689. Unfortunately ignorant and bullheaded leaders will also play the disrespect card if they feel threatened. On the other side of that coin you’re bound to respect their authority and position so any break in deportment regardless of their actions is unacceptable. Tit for tat is an example so stay away from it. Speak directly to the Commander if need be, your medical information including discussions between you and your provider are private.
I’ll say it again. Commander’s speak directly to the medical officer to make a fitness determination. Your PSG’s opinion is immaterial and has no need to know. He gets a sick call slip.
To sum this up, your appointments are tracked and you owe them accountability. Any information that your PSG needs or wants to know comes in the form of an order from the Commander or a DD 689. Unfortunately ignorant and bullheaded leaders will also play the disrespect card if they feel threatened. On the other side of that coin you’re bound to respect their authority and position so any break in deportment regardless of their actions is unacceptable. Tit for tat is an example so stay away from it. Speak directly to the Commander if need be, your medical information including discussions between you and your provider are private.
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Suspended Profile
SFC (Join to see) I think you’re the only other person on here that is actually providing solid information to this young soldier without accusing him of something and completely taking the command’s side. This is what a good leader should always do and thank you for being a great leader!
LCDR (Join to see)
Late to the convo. Glad to see you got it resolved-ish. My initial thinking was that it wasn't a HIPAA issue, but it still was an issue. I think it's actually covered under ADA. Lots of discussion about it when the COVID vaccine became mandatory.
Alas, some people have a longing for the "good old days." But, as Billy Joel sang, "the good ol' days weren't always good..."
Alas, some people have a longing for the "good old days." But, as Billy Joel sang, "the good ol' days weren't always good..."
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I would they have no right to bully or intimate you. I would have them . I a marine and I was Medical discharged with medical and physical disability. And no one has the right to know what you have unless you chose to tell them.
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Suspended Profile
PFC Jaymes Shrader ill leave you a link if you need to speak to someone who deals with this type of situation. They may not be in your area, but they can point you in the right direction.
https://cck-law.com/blog/medical-evaluation-board-meb-process-timeline/
https://cck-law.com/blog/medical-evaluation-board-meb-process-timeline/
The Medical Evaluation Board (MEB) Process and Timeline | CCK Law
Servicemembers who develop a condition that prevents them from performing their military duties may be referred to Medical Evaluation Board.
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PFC Jaymes Shrader
I went IG accepted two reports one on hazing and another on unlawful orders both are being investigated. Chances are both will face charges the unlawful order most certainly will.
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FROM THE IG DESK: During my 30-year Army Career, I accepted an Inspector General (IG) assignment and was trained at the IG Academy in Washington, D.C. I served in that role at both Battalion and Division levels, with our offices handling issues concerning virtually all levels of human interaction. My first question to ANY individual entering my office was, "Have you discussed your concern with your chain of command (COC)?" If "No" was the answer, I immediately referred the individual to do so as their concern, in most cases, could be handled and answered more quickly to their satisfaction. If the COC WAS the issue, our IG office would offer assistance to resolve the problem. Keep in mind IG's do NOT as a practice get involved in personal "peeves." Personality conflicts or anger at another for any reason is better handled by a COC. Be aware an IG office can and will accept input from anonymous callers or in writing, treating each as legitimate concerns. PLEASE READ AND FULLY UNDERSTAND THE FOLLOWING ARMY REGULATION DIRECTIVES:
FYI TO ALL SERVICE MEMBERS:
Army Regulation 20-1 - "All soldiers have the right to present complaints, grievances, or requests for assistance to the IG. These complaints or grievances may include what Soldiers reasonably believe to be evidence of fraud, waste and abuse. Department of the Army personnel are PROHIBITED from taking any action that restricts you from filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress. These same individuals are PROHIBITED from taking any disciplinary or adverse action against you for filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress, or any agency established to receive such complaints. However, if you LIE or knowingly make FALSE ALLEGATIONS to the IG, you will be subject to (UCMJ) disciplinary action." (Capitalization emphasis by me).
(A) An IG has a legal right to formally stand a service member at attention and initiate a 'Rights Statement' (UCMJ) to ensure that individual is truthful, if a situation calls for it (exceptions being the "anonymous" factor above). (B) A service member can NOT simply walk off the job to see an IG. Contact your local IG office and make an appointment).
"In accordance with AR 20-1, paragraph 1-12, the Inspector General has a duty to protect confidentiality to the maximum extent possible. This requirement to protect confidentiality is true for all persons who ask the Inspector General for help, make a complaint, contact or assist an Inspector General during an inspection or investigation, or otherwise interact with an Inspector General."
"If you believe that your local Inspector General's response to your concerns is not fair, complete, or in accordance with law or regulation - or if you believe that contacting your local Inspector General may jeopardize your interests - you may write to the Department of the Army Inspector General or the Inspector General, Department of Defense." (Addresses available at your local IG office as are their telephone numbers).
John C. Hudson
Colonel, Inspector General
USA (Ret)
FYI TO ALL SERVICE MEMBERS:
Army Regulation 20-1 - "All soldiers have the right to present complaints, grievances, or requests for assistance to the IG. These complaints or grievances may include what Soldiers reasonably believe to be evidence of fraud, waste and abuse. Department of the Army personnel are PROHIBITED from taking any action that restricts you from filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress. These same individuals are PROHIBITED from taking any disciplinary or adverse action against you for filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress, or any agency established to receive such complaints. However, if you LIE or knowingly make FALSE ALLEGATIONS to the IG, you will be subject to (UCMJ) disciplinary action." (Capitalization emphasis by me).
(A) An IG has a legal right to formally stand a service member at attention and initiate a 'Rights Statement' (UCMJ) to ensure that individual is truthful, if a situation calls for it (exceptions being the "anonymous" factor above). (B) A service member can NOT simply walk off the job to see an IG. Contact your local IG office and make an appointment).
"In accordance with AR 20-1, paragraph 1-12, the Inspector General has a duty to protect confidentiality to the maximum extent possible. This requirement to protect confidentiality is true for all persons who ask the Inspector General for help, make a complaint, contact or assist an Inspector General during an inspection or investigation, or otherwise interact with an Inspector General."
"If you believe that your local Inspector General's response to your concerns is not fair, complete, or in accordance with law or regulation - or if you believe that contacting your local Inspector General may jeopardize your interests - you may write to the Department of the Army Inspector General or the Inspector General, Department of Defense." (Addresses available at your local IG office as are their telephone numbers).
John C. Hudson
Colonel, Inspector General
USA (Ret)
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1.) HIPAA isn't a military regulation, so you can't invoke it against your leadership.
2.) If you contact IG, the charge for a medical provider giving you information over the phone without confirming that everyone on your end of the phone has permission to hear that information is a mild reminder to ask if the patient is on speakerphone.
3.) Your PSG is basically a babysitter. If 1SG hears something from PSG, 1SG still needs to confirm it.
4.) If I was non-medical leadership and my soldier tried to play lawyer on matters they clearly don't understand, I'd probably start cussing too.
2.) If you contact IG, the charge for a medical provider giving you information over the phone without confirming that everyone on your end of the phone has permission to hear that information is a mild reminder to ask if the patient is on speakerphone.
3.) Your PSG is basically a babysitter. If 1SG hears something from PSG, 1SG still needs to confirm it.
4.) If I was non-medical leadership and my soldier tried to play lawyer on matters they clearly don't understand, I'd probably start cussing too.
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PFC Jaymes Shrader
I was in the right and your right about HIPAA not pertaining to leadership already identified that problem but the 1SG still gave an unlawful order which is currently being investigated by IG. This is no longer an issue seeing as it has moved onto a higher authority even IG told me I was right to come to them for that issue as well as some other issues that are also being investigated.
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My advice would be to bite the bullet keep your head down and get out. I'm sure we've all had our share people we served with that we contemplated throwing down a flight of stairs at one point or another, but if you want the least amount of long-term headache just push through you have the rest of your life to hate them and never have to be around them again.
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