A Soldier has the right to receive a list of who has accessed their medical records
The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office. Show As a service member, you have the right to keep your personally identifiable information private. Meanwhile, the public has the right to access federal agency records. There are laws on both sides of this legal tug of war:
Know your privacy rightsThe Privacy Act is a U.S. federal law that:
Know the public’s rightsEnacted in 1966, FOIA generally provides that any person has a right to obtain access to federal agency records. The intent is to make these agencies accountable to the public for their actions. It requires them to:
Learn about FOIA requestsWhat information is released to the public from federal records depends on whether a person requests information that FOIA allows to be released or if you or your next of kin authorize its release. Without your authorization (or your next of kin’s if you are deceased), the government can only release limited information from your official military personnel files. Information they can release, includes:
With your authorization (or your next of kin’s if you are deceased), a federal agency can release any information not available to the public under FOIA. The authorization must:
The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.
The Health Insurance Portability and Accountability Act (HIPAA) permits protected health information (PHI) of Armed Forces personnel to be disclosed under special circumstances. Commonly referred to as the Military Command Exception, covered entities such as military treatment facilities may disclose the PHI of Armed Forces personnel to Command authorities for authorized activities. These activities include fitness for duty determinations, fitness to perform a particular assignment, or other activities necessary for the military mission. PHI disclosed to military command authorities, while no longer subject to HIPAA, remains protected under the Privacy Act of 1974. Mental Health and/or Substance Abuse DisclosuresDOD supports the provision of mental health care and voluntarily seeks substance abuse education to Armed Forces personnel while maintaining a balance between patient confidentiality rights and Command notification. Therefore, covered entities are not permitted to notify a Service member’s Commander when the member obtains these services, unless certain conditions are met, such as displaying a serious risk of harm to self, others, or the mission. Medical Appointment RemindersCommand authorities may require notification of medical appointments for Armed Forces personnel for mission purposes, such as assignment coverage. Medical appointment notifications include treatment reminders, such as physicals, immunizations, labs, etc., and missed and cancelled appointments. Non-Military ProvidersThe above guidance may be relied upon by covered entities outside of DOD, such as non-government hospitals and other private health care providers and health plans. Last Updated: August 26, 2022 How can I access military records?You can request your military records in any of these ways:. Mail or fax a Request Pertaining to Military Records (Standard Form SF 180) to the National Personnel Records Center (NPRC). ... . Write a letter to the NPRC. ... . Visit the NPRC in person.. Contact your state or county Veterans agency.. Hire an independent researcher.. What type of information must be captured in the medical record?Medical records are the document that explains all detail about the patient's history, clinical findings, diagnostic test results, pre and postoperative care, patient's progress and medication. If written correctly, notes will support the doctor about the correctness of treatment.
|