Unit is requesting Soldiers Civilian and Military records for next BA

2015-09-17T20:50:01-04:00

What are you guys opinion on this? I have nothing to hide. But just cause we're an over strength unit, they're request ion medical records to push soldiers out or out of the military. My opinion stays out, I just want to know others

Response by SPC Private RallyPoint Member made Sep 17 at 2015 8:50 PM

2015-09-17T20:50:48-04:00

Medical Racords is what I meant to say.

Response by LCDR Rabbah Rona Matlow made Sep 17 at 2015 9:39 PM

2015-09-17T21:39:40-04:00

Medical records are protected by HIPAA requirements, even in the military. I don't know what BA is, but this doesn't sound kosher to me...

Response by MSG Private RallyPoint Member made Sep 17 at 2015 10:15 PM

2015-09-17T22:15:28-04:00

Perhaps they are conducting an administrative SRP. Wanting to ensure that all records across the board are matching up. Otherwise, perhaps you can ask your NCO for clarification.

Response by COL Jon Thompson made Sep 17 at 2015 10:17 PM

2015-09-17T22:17:08-04:00

I never had my unit ask for civilian medical records so this makes me very curious. I am not sure they can update MEDPROS based on those with the exception of immunization records. And, I am not sure what they can do if someone fails to do that. It is fairly difficult to kick a Soldier out of a reserve unit (even if they are Unsat) so I don't think they could use these records to do that for Soldiers that are currently attending BA.

Response by MAJ Private RallyPoint Member made Sep 17 at 2015 10:21 PM

2015-09-17T22:21:06-04:00

SPC Private RallyPoint Member If there is a SRP scheduled then the request makes sense. The medical side of a SRP is supposed to look at both military and civilian medical records to ensure each Soldier is fit to serve in the military and to ensure the Soldier is not putting themselves at risk by covering up a medical issue.

Response by LCDR Private RallyPoint Member made Sep 17 at 2015 10:28 PM

2015-09-17T22:28:07-04:00

I actually don't think they can legally do this. No one in your command has any right to your medical record without your doctor deciding they do. In other words if there isn't a reason for them to get it, they don't get to tell you they do.

Response by MAJ Private RallyPoint Member made Sep 17 at 2015 11:23 PM

2015-09-17T23:23:40-04:00

HIPAA applies even in the military. However, that said, if someone is HIPAA trained and is the person identified to do the investigations and update records, they can review them. I was assigned to do our LOD investigations for a time and had to request and review all medical records and documentation relating to the event in question.

All that being said, I highly doubt that is the case. I feel like what they were meaning to do was request documentation for an SRP, annual PHA, or records review. Serious medical issues are supposed to be reported at PHAs as well. I'm guessing they may be seeing if anyone slipped up and didn't report something as well.

Even with all that, it will be very difficult to do all of this legally and use it to kick someone out of the military. It sounds more like someone is not providing the proper guidance and clarification on what is going on.

I would ask your first line leader for clarification and then seek out guidance from your unit JAG if you're still not comfortable. There are programs and routes in place to help Soldiers if the chain of command is negligent or violating regulation/law.