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?
Posted >1 y ago
Responses: 120
I personally would be seeing the jag
There is absolutely no reason for anyone but who you decide to have in the meeting
That being said you should tell the person that there are people which you do not want there and they should ask the them to dismiss them or cancel the meeting till a later date
There is absolutely no reason for anyone but who you decide to have in the meeting
That being said you should tell the person that there are people which you do not want there and they should ask the them to dismiss them or cancel the meeting till a later date
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Well facts are facts. Discussing a person’s medical limitations/profile in the context ofwork assignment or duty considerations is fair. However, using that information to demean, or punish, that is unprofessional. HIPPA for a sailor or soldier is LIMITED when capability and safety become issues.
. You be the professional person…do your job as best as you are able. Ignore asshats. I took my complaint back to base medical after being ordered into PT gear to be weighed and tape measured in front of my unit when I was 37 weeks pregnant. Someone decided it was funny to say “there she blows!” And another said “ where is my harpoon?”. It was upsetting. I cried about it later at home. I was embarrassed and felt ridiculed.
My husband basically went to the command and discussed this with the Command Master Chief. He agreed that it was a failure of leadership to allow such obnoxious behavior. I just did my job, but it sealed our decision for BOTH of us to leave the Navy and raise our children as civilians.
. You be the professional person…do your job as best as you are able. Ignore asshats. I took my complaint back to base medical after being ordered into PT gear to be weighed and tape measured in front of my unit when I was 37 weeks pregnant. Someone decided it was funny to say “there she blows!” And another said “ where is my harpoon?”. It was upsetting. I cried about it later at home. I was embarrassed and felt ridiculed.
My husband basically went to the command and discussed this with the Command Master Chief. He agreed that it was a failure of leadership to allow such obnoxious behavior. I just did my job, but it sealed our decision for BOTH of us to leave the Navy and raise our children as civilians.
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SMSgt Guy Garfinkel
The Command Chief should have seen that those individuals who created this situation, publicly apologize, not only to you, but to every person who was present during that embarrassing and unprofessional display of (sick) military humor at your expense. Of course, I am sure that the avy (once again) lost two very important members in uniform. Sad situation.
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I'm a bit confused. You had a phone appointment with whom? If your going through the medboard they would have your progress so far would they not? As for "telling" your leadership. As a PFC you request not tell. To be honest I don't think this is a real situation.
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WOW! Strong opinions abound. I have a Mantra that has served me well…. “Don’t let the bastards beat you. “
Ask yourself what you hope to achieve by doing it. If you believe in it strongly…. Do it!
Whatever you do, do it because you feel strongly about it and not because anyone here told you to. Good Luck.
Ask yourself what you hope to achieve by doing it. If you believe in it strongly…. Do it!
Whatever you do, do it because you feel strongly about it and not because anyone here told you to. Good Luck.
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I have never seen so many completely self serving responses to any comment posted on and in this blog. I would suggest that all the posters who posted saying that a Commander and a NCO member of the Command Staff is free to comment to anyone and everyone about a Soldier's medical condition start investigating the 2019 DOD regulations regarding disclosure and discussion of Medical Information and Medical Board Information (just as an example - next time a Commander or an NCO member of the Command Staff feels like dissing a soldier because of a Medical Board Finding he or she should look at the nice little FOUO covers that hard copies of the Medical Board Reports are transferred in).
Now to PFC Jaymes Shrader - if you don't care much about how miserable your life will be until the Medical Board results become final, which could be a year from now, go to the IG. You do have an issue that might be subject to investigation by the IG if the IG is a stickler for investigating everything thrown on his or her desk that could or might or maybe could be investigated. Maybe, and in my opinion, the IG would find that the Commander violated FOUO information regulations and might put a letter in his or her 201 File that ends the career of that Commander, but don't bet the farm on this result. The same thing might happen to the NCO but usually it doesn't. A vast majority of IG's kind of use the old trick of sending down a IG Reprimand thru the Command Channel to the NCO reminding him or her that he or she has a responsibility to properly handle FOUO information. This is like putting a noose around someone's neck and have him or her stand on a shaky stool. It reminds him or her that the next time the stool will be kicked out and the NCO will suffer whatever he or she suffers all by their lonesome.
Instead of going to the IG, send in a letter thru command channels asking for a transfer out. If some NCO has a hard on for you (sorry female Soldiers I'n an old timer when this was a perfect permission able expression to use when discussing a situation like PFC SHrader finds himself in), it's time for you to diddy mou (look this one up - it is a perfect saying we Vietnam Vets use and used when discussing getting out of an impossible situation) from this unit. In your letter express the fact that you are being held to impossible levels of duty that you can't perform because of your current medical condition. It won't do you one bit of good to mention the NCO member of the command staff dissing you. Give examples in your letter of duties you can't perform because of your medical condition but are being asked to perform by your command staff. If your Commander and the NCO are the idiots they seem to be to me, a formal letter thru Command Channels will scare the hell out of them and will result in them, the command staff, doing everything they can to send you somewhere else.
By the way, this isn't some old guy shooting from the hip. I saw this kind of stuff go on in the US Army for 20 some years. I feel vou you, PFC Shrader. I was Medically Boarded out of the Army. So brace it up and do the right thing. Ask to get as far away as you can from this unit.
Now to PFC Jaymes Shrader - if you don't care much about how miserable your life will be until the Medical Board results become final, which could be a year from now, go to the IG. You do have an issue that might be subject to investigation by the IG if the IG is a stickler for investigating everything thrown on his or her desk that could or might or maybe could be investigated. Maybe, and in my opinion, the IG would find that the Commander violated FOUO information regulations and might put a letter in his or her 201 File that ends the career of that Commander, but don't bet the farm on this result. The same thing might happen to the NCO but usually it doesn't. A vast majority of IG's kind of use the old trick of sending down a IG Reprimand thru the Command Channel to the NCO reminding him or her that he or she has a responsibility to properly handle FOUO information. This is like putting a noose around someone's neck and have him or her stand on a shaky stool. It reminds him or her that the next time the stool will be kicked out and the NCO will suffer whatever he or she suffers all by their lonesome.
Instead of going to the IG, send in a letter thru command channels asking for a transfer out. If some NCO has a hard on for you (sorry female Soldiers I'n an old timer when this was a perfect permission able expression to use when discussing a situation like PFC SHrader finds himself in), it's time for you to diddy mou (look this one up - it is a perfect saying we Vietnam Vets use and used when discussing getting out of an impossible situation) from this unit. In your letter express the fact that you are being held to impossible levels of duty that you can't perform because of your current medical condition. It won't do you one bit of good to mention the NCO member of the command staff dissing you. Give examples in your letter of duties you can't perform because of your medical condition but are being asked to perform by your command staff. If your Commander and the NCO are the idiots they seem to be to me, a formal letter thru Command Channels will scare the hell out of them and will result in them, the command staff, doing everything they can to send you somewhere else.
By the way, this isn't some old guy shooting from the hip. I saw this kind of stuff go on in the US Army for 20 some years. I feel vou you, PFC Shrader. I was Medically Boarded out of the Army. So brace it up and do the right thing. Ask to get as far away as you can from this unit.
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PFC Jaymes Shrader
Hello sir, if I could pin and make sure this comment was seen by everyone who read this I would, I am now out but I'm not deleting this post bc another soldier might need this information, I had a case with IG yes, but I am now out of the army with 100% VA disability and 80% army disability, sadly and I think this my chain of command to blame but I can no longer work at 21 years old and yes my conditions are bad but that's not the point of this comment, the point is sir is you hit the nail on the head and I mean directly on the head and I thank you, hopefully another soldier in my position in the future (toxic leadership) sees this comment you made and it can save them a bunch of hardship. Again thank you sir and have a good day.
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sure can, but with the hippa part that's on the provider unless the Psg and 1st sgt requested the info then it is on them also. Regardless what any thinks if any medical info upto and including VA stuff is told that is HIPPA VIOLATION UNDER HPI protection
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PFC Jaymes Shrader
Yup that's the same understanding, and the reason why 1SG and PSG are at fault is due to my 1SG having my PSG sit in on my appointment, which due to HIPAA makes it an unlawful and unethical order this violating UCMJ. He's stopped bothering me since IG is investigating. And my Chapter 14 that was in the works for Drinking underage was dropped they tried using that to get me out of the army quickly bc they didn't know what was wrong with me at the time, my chapter 14 packet only had 1 summarized article 15. It sat in Legal for months and they just recently dropped the packet and got rid of it.
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I was keep my commanf away of any medical issue so they could work with me.
So either you are injuried and have legit medical condition or you are a sand bagger and don't tell your command the full story to get out of work.
But if you want out keep your head down.
So either you are injuried and have legit medical condition or you are a sand bagger and don't tell your command the full story to get out of work.
But if you want out keep your head down.
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If your claims are legit, your command probably already knows about them (or at least some). I don't know how you ended up in a contentious relationship with them, but my experience is that you don't win pissing contests with Sr. Enlisted, even if you are right - the best outcome if you are is you both lose. First thing I'd do is arrange a meeting with "them" and seek how to "put things right". The HIPPA thing was a red herring - unless you're voluntary substance abuse or mental health there's a Military Command Exception to HIPPA provisions, and now, whatever it was in your PHI you were seeking to remain private no longer is, anyway. That's not their fault, is it? The only way forward is to talk it out with your leadership and come to agreement on how the future looks. Trust me, this won't be the last time undesired disclosures happen in your life - handle it honestly and intellectually, not emotionally. No IG.
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Suspended Profile
The provider violated HIPAA, the 1SG and PSG should not have been in that meeting, and the CDR, let alone Command Team does not have access to a soldier’s medical file. That’s HIPAA and clearly stated in the Military Command Exception policy. IF a command team knows everything in a soldier’s medical file without explicit consent from the service member, that provider violated HIPAA.
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
LCDR (Join to see)
"(or at least some)."
I think that's where the issue lies. Sure, the chain has every right to know if the knee you ruptured will ever be good again. However, they don't have a right to know if you're ALSO being seen for low-T, fertility issues, post-partum depression, or are the victim of a sexual assault... or any of a myriad of other private health-care concerns.
The scope of the chain of command's need-to-know is vast... but not infinite.
I think that's where the issue lies. Sure, the chain has every right to know if the knee you ruptured will ever be good again. However, they don't have a right to know if you're ALSO being seen for low-T, fertility issues, post-partum depression, or are the victim of a sexual assault... or any of a myriad of other private health-care concerns.
The scope of the chain of command's need-to-know is vast... but not infinite.
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I spent my US Army career as "Doc", mostly assigned to CBT ARMS units; AR, FA(Pershing); or Combat Support, 1st Med Bn. 1st ID, 757 Med Det, and Med Co. 1st US Army SPT BN. Saini, Egypt (MFO)... MEPS was a whole different animal, anyhow... There are 5 leaders, plus 1, that are aware of your 4 P-3's and where they land in regards to PULHES, and they are required to know, so that you do not further injure yourself due to what ever duty(s) you may be required to perform. Thats Squad Ldr, Platoon Daddy, and the Lt, TOP and the CO. and "Doc" just because, you know, 'cause it's 'Doc". My question to you is??? Are you currently assigned to a MED HOLD, or Medical Transition unit; or are you holding down a slot in what ever unit you're currently assigned to; cause your "Belly ache'n" missive doesn't say. Are you filling that slot that needs someone less 'Broke" than you, because a bunch of units are getting ready to deploy and you don't need to be trapsing around Europe on Uncle Sam's dime when you'll soon be heading to Ft. Livingroom.
If you are in MED Hold or a Medical Transition Unit your Squad Ldr. PLT. SGT and Lt, TOP, and the CO still have a need to know for the "Make busy" work they'll have you do until you're discharged...
If you are in MED Hold or a Medical Transition Unit your Squad Ldr. PLT. SGT and Lt, TOP, and the CO still have a need to know for the "Make busy" work they'll have you do until you're discharged...
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PFC Jaymes Shrader
The Puhles are listed on profile doc that the only document they have access to. And besides my medboard does not fall under a PCM the information from my medboard is protected under HIPAA and two I'm non-deployable so no I'm not going to be "trapsing around Europe" you cannot deploy if you're in the medboard process
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Just Suck it up!! And Drive on , The MEB Board can take 6 Months or Longer, Do you Really Want to Kick The Hornets Nest? They Can Make Your Life A Nightmare, if they Tell you to do Something that is Against your “ Profile’s “ Then Go to a Higher Command if they Don’t take care of it then go to the IG , Keep Your Head Down and Your Mouth Shut until you Get the Results of the MED Board, if the MED Board Decide you are Fit For Duty You Will Have a Bunch of Peed Off NCO’S in Your Chain of Command
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PFC Jaymes Shrader
Medboard already decided im not fit for duty my conditions do not meet retention standards, I was in the right for denying access to be in my appointment PEBLO had me talk to IG as well as the HIPAA privacy advocate Director all 3 said I was wronged and it was an unlawful order on behalf of my 1SG as well as a violation in regards to HIPAA. Got it figured out now. I will take lawful directives and follow lawful orders but the moment they turn unethical and unlawful is when I sink my teeth in.
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SPC James Neidig
PFC Jaymes Shrader did you get a Separation date yet? I went Through MED Board In 2001 and it took about 60 days after the Board said I was Not Fit for Duty, Do you have Plans for after you get out, the first thing you need to do is take care of your Health
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