[MORAHK]

I am in the Army National Guard and believe that someone in my Chain of Command violated HIPPA. My unit was being deployed & I was pregnant, ended up having a miscarriage. When I sent a note from my OBGYN simply stating that I was cleared to deploy medically, but not mentally my Commander called my OBGYN and received information from them (via fax) that caused my situation to be seen in a negative light. I sought the advice of the legal department, but was told that if no great harm came to me I should drop the issue. Wasn't/isn't it illegal for my Commander to seek information & then receive it from my civilain healthcare provider? What course of action can I take to ensure this Commander doesn't get away with something illegal? I know my OBGYN should not have released the information, but they were under the impression they were helping me. The Commander was seeking information that did not concern them and did not share the information they received with any military medical personnel only personnel in my higher chain of command, more or less proving the information was not needed for medical clearance. Of importance to note, this person is a nurse who works in the administrative field at a hospital. Please send any advice!

[ballengerb1]

The commander can ask but it was the OBGYN who committed the violation. Its HIPAA and the doctors violation will have little affect on how you deal with your superiors, they did not committ and HIPAA violation, they just asked.

[MORAHK]

Doesn't the fact that the Commander was on Active Duty orders at the time, give them some responsibility to obey Federal Laws?

[ballengerb1]

The commander did not violate the law, he did not release your information. Your doctor is bound by HIPAA to not release you info and he did. For Covered Entities

[Fr_Chuck]

The person asking for the info does not do the violation, and why are you so hard pressed to find your commander in violation of a law,

Sounds like you have something in for him.

But he may well be allowed and even required to inquire about your medical condition,

You were using your medical condition to be excused from military service, **** you were physcially but not mentally ready to return to work I think was your wording***

The military as part of your enlistment can request and get copies of any and all of your records as part of their background check.

You signed all of those rights away when you enlisted.

He could not tell anyone else that did not have a need to know,

I see no violation and in fact all I see is normal and standard military procedure for someone using a medical reason to be off duty.

[ScottGem]

I agree with Chuck, the OB/Gyn is the only one who violated HIPAA. And what the commander did may have been within the bounds of dealing with the efficiency of his unit. I would drop this.

[MuscleGirl]

I am in a profession that is regulated by HIPAA and confidentiality and your Commander did not violate any laws, your civilian provider did and they can actually be fined for it. HIPAA is a federal law that states civilian providers must protect your medical information unless you have given a written consent to release either partial or all of your medical information to your specified party. Anyone can request that information but it is the responsibility of the provider to protect it. I am also confused as to by the OB/GYN is diagnosing your mental state when that should be under the scope of practice of a psychiatrist or psychologist, which if I remember correctly, Tricare is obligated to make sure you are able to see a mental health professional to evaluate your mental health within 3 days of requesting an appointment, civilian or military.