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
Old sailor (who used to be married to a Legal Yeoman, was HIPAA certified, etc) here, so your mileage may vary.
Your Command has a right to know, but, in the Navy, that is the Medical and Executive departments. That is not some senior non-comm that invited themself to your medical appointment. Whether it was a telecom or an in person appointment, they abused their seniority by intimidating their way into the appointment. Information of that nature flows through official channels, which means from the top down. That is both for their safety and yours.
I have to agree that HIPAA was not violated because the breach, if there is determined to be one, was by your Command, not by the medical staff And HIPAA only applies to the medicos.
You Always have a right to Legal Counsel, but you may not have easy access to Counsel as you would be accusing your Command of infractions. That would mean that you would need to speak with an Officer outside of your Command. That said, the military is required to provide you with access to that Counsel, which means, if you need to see someone outside your Command, your Command is required to support that with Travel and/or Transportation.
While I disagree with GySgt Kenneth Pepper in most of his post, his final points do have some merit in that you will be making your life more difficult. That said, if your post is accurate, the SFC has violated military law and needs to be held account.
Your Command has a right to know, but, in the Navy, that is the Medical and Executive departments. That is not some senior non-comm that invited themself to your medical appointment. Whether it was a telecom or an in person appointment, they abused their seniority by intimidating their way into the appointment. Information of that nature flows through official channels, which means from the top down. That is both for their safety and yours.
I have to agree that HIPAA was not violated because the breach, if there is determined to be one, was by your Command, not by the medical staff And HIPAA only applies to the medicos.
You Always have a right to Legal Counsel, but you may not have easy access to Counsel as you would be accusing your Command of infractions. That would mean that you would need to speak with an Officer outside of your Command. That said, the military is required to provide you with access to that Counsel, which means, if you need to see someone outside your Command, your Command is required to support that with Travel and/or Transportation.
While I disagree with GySgt Kenneth Pepper in most of his post, his final points do have some merit in that you will be making your life more difficult. That said, if your post is accurate, the SFC has violated military law and needs to be held account.
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I am telling you from experience you would loose. Don’t. Your command has no duty to be quiet
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You don't have any grounds to go after the IG,.If you had it on a military base you have no hippa rights on the base ,except for medical.
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Your chain of command has the duty and obligation to know about any medical conditions you may have, as it impacts your personal and unit readiness and ability to accomplish the mission. Having said that, they should not share that information with anybody who has no need to know about it.
To answer your question directly, you can go to the IG about anything you want to. The IG can investigate your complaint and present his/her findings to your commander, who can choose what to do about it, if anything. The IG has no authority to tel a commander what he/she must do.
A previous comment in this thread had some good advice. Just cool your heels, keep your nose clean, don’t make waves, and leave the service. Making a big stink over nothing will only serve to make your remaining time in the service untenable and could actually result in delaying your discharge.
To answer your question directly, you can go to the IG about anything you want to. The IG can investigate your complaint and present his/her findings to your commander, who can choose what to do about it, if anything. The IG has no authority to tel a commander what he/she must do.
A previous comment in this thread had some good advice. Just cool your heels, keep your nose clean, don’t make waves, and leave the service. Making a big stink over nothing will only serve to make your remaining time in the service untenable and could actually result in delaying your discharge.
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Make sure your ducks and chickens are dress right dress before you go down that road. If its a violation then go for it. If there is a hint of possibility that there isnt a violation STOP and readdress
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Yes, I would contact the IG and file a complaint. However, first you need to realize that IG doesn't work for you but the command. Understanding that first, I had a pervious supervisor years ago that demanded to know what all my medical appointments were for. I had an brief conversation with the deputy after that and the cajoling ended. What I told the deputy was that if it happened again I was going to file an IG complaint for a potential HIPPA violation. I already called IG and advised them of the situation, so they were aware of the issue.
The command does have a right to know that you are seeing a provider, when your appointments are, and what your overall combat readiness is. However, they are not your medical provider and it is none of their business to know what you are being seen for, medical issues, medical advice or anything else that pertain to what is in your medical file.
If an IG does not solve the issue, then contact your congressional representative. Write a detailed letter describing all the pertinent details: dates (data and time), who (perpetrators, witnesses, what they said, what they did, and leaders involved), what happened, where did it happen, when - date, perhaps why or what for.
The congressional complaint will end all the mess, and probably get those abusing their rank and abusing you either reprimanded or relieved - provided there is merit to your complaint. At the very least, it will cause so much attention on your out processing that it will be under a microscope for all to see.
Regardless, the reasons the leaders are doing that is because they are bad leaders, and they believe they can get away with it.
I initially enlisted, became NCO in 24 months of service, and then several years later went to OCS. I retired out of the Army as a MAJ. I ultimately served in one peace keeping operation and went to war three times as a combat leader. I have had bad soldiers. There were times I wasn't pleasant to them, but I did treat them fairly. Part of the NCO Creed is all soldier are entitled to outstanding leadership.
The command does have a right to know that you are seeing a provider, when your appointments are, and what your overall combat readiness is. However, they are not your medical provider and it is none of their business to know what you are being seen for, medical issues, medical advice or anything else that pertain to what is in your medical file.
If an IG does not solve the issue, then contact your congressional representative. Write a detailed letter describing all the pertinent details: dates (data and time), who (perpetrators, witnesses, what they said, what they did, and leaders involved), what happened, where did it happen, when - date, perhaps why or what for.
The congressional complaint will end all the mess, and probably get those abusing their rank and abusing you either reprimanded or relieved - provided there is merit to your complaint. At the very least, it will cause so much attention on your out processing that it will be under a microscope for all to see.
Regardless, the reasons the leaders are doing that is because they are bad leaders, and they believe they can get away with it.
I initially enlisted, became NCO in 24 months of service, and then several years later went to OCS. I retired out of the Army as a MAJ. I ultimately served in one peace keeping operation and went to war three times as a combat leader. I have had bad soldiers. There were times I wasn't pleasant to them, but I did treat them fairly. Part of the NCO Creed is all soldier are entitled to outstanding leadership.
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Yes, but for reprisal. You file official complaints about HIPAA elsewhere. Google HIPAA complaints. It's an annoyance, but can be done online. ANYTHING that comes of this, can be connected to the information. Your command cannot just listen in. They can know you're being chaptered, but they need to know WHY unless it's breaking the law. Reprisal, HIPAA, and use the open door policy. Garrison. Be open and tell them what happened. Make them shit their fucking pants.
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