Posted on Mar 21, 2022
PFC Jaymes Shrader
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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?
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Responses: 120
GySgt Kenneth Pepper
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Your command didn't violate HIPPA, your healthcare provider did. As far as going to IG about being treated like a soldier, please don't waste their time and yours. Obviously they have decided that you are malingering or faking injury/illness. You are not going to change their minds by telling on them for treating you like a Soldier.
Choice #1: Just wait for your medboard package to be approved and try to stay off the radar. Quietly slip away.
Choice #2: Continue to stir the shit bucket and make the little time you have left even more difficult.
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SN Joseph Garcia
SN Joseph Garcia
9 mo
WELL IF THEY THINK ITS NOT REAL THEM THEY SHOULD AT LEASE TELL YOU
IN YOUR EMAIL OR ON MY HEALTH VA WEB SITE IF THEY THINK BULLSHIT
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SN Joseph Garcia
SN Joseph Garcia
9 mo
WHEN I WAS WORKING THE INSURANCE I HAD THEY TREATY ALL CONCERNS WITH RESPECT
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TSgt Dan Kenna
TSgt Dan Kenna
8 mo
GySgt Kenneth Pepper I (capitalized) x2
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MSG Lonnie Averkamp
MSG Lonnie Averkamp
8 mo
GySgt Kenneth Pepper - "....Baby in a Titty Bar.....", haven't heard that one in 25 years!
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SGM Erik Marquez
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PFC Jaymes Shrader "B Co, 2-506 IN, 3rd BCT, 101st ABN"
Your company, BN, BDE, DIV 1SG, CDR's, CSM's have been informed of your concerns. Im sure they will be able to speak to you about your concerns.
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CW3(P) Uh 60 Pilot
CW3(P) (Join to see)
2 y
MSgt Earl King I can’t tell if you’re being sarcastic or not…. Lol. But if you aren’t (call me the gullible one), that information is easily available on his profile….
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MSgt Earl King
MSgt Earl King
2 y
Let's get to the point...Your company has been informed of your concerns. I'm sure they will be able to speak to you about your concerns, my understanding is PFC Jaymes is no longer in the military, and neither is SGM Marquez, so what was SGM Marquez really doing?
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SSG Roger Ayscue
SSG Roger Ayscue
2 y
SGM Erik Marquez please correct me if I am wrong, but, this PFC says he is on 4 profiles, which are a Medical Recommendation to the Commander and is kept on file at the unit to justify why or why not he is doing PT, unable to Jump, not going to the field, can't have loaded weapons etc. Profiles were not HIPPA and were only recommendations to the Commander. The Medications that a Soldier was taking was also information that the Commander was privy to so that you did not issue a loaded weapon to a Soldier on Valium.
Additionally, if I remember correctly, a Med Board is initiated by the commander and requires documentation from the Military Medical PCM to justify to JAG, and HRC that it is legitimate.

I have been retired for a minute, so things may have changed
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SFC James Cortez
SFC James Cortez
>1 y
I work in the medicare/medicaid insurance industry and am fluent on HIPAA regulations. Most people aren't really understanding of what that regulation really entails. This SGM gave the best advice one can give regarding this issue.
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MAJ David Stokes
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HIPAA Military Command Exception
HIPAA Military Command ExceptionThe Health Insurance Portability and Accountability Act (HIPAA) permits protected health information (PHI) of Armed Forces personnel to be disclosed under special circumstances. Under the Military Command Exception to the HIPAA Privacy Rule, covered entities may use and disclose personal health information of Armed Forces personnel, if such use and disclosure is deemed necessary by appropriate military command authorities to assure the proper execution of a military mission. This HIPAA Military Command Exception permits the use and disclosure of PHI that would otherwise be prohibited by the HIPAA Privacy Rule.

What Is Use and Disclosure of Protected Health Information?
Protected health information (PHI) is individually identifiable health information that is transmitted or maintained by electronic or any other form or medium. Use of PHI is the sharing, employment, application, utilization, examination, or analysis of PHI within a covered entity. Disclosure is the release, transfer, provision of access to, or divulging in any other manner of PHI outside of the covered entity holding the information.

What is the Scope of the HIPAA Military Command Exception?
Under the HIPAA Military Command Exception, a covered entity may disclose the PHI of service members for authorized activities to appropriate military command authorities. This exception does not require covered entities to disclose PHI to commanders, it only permits the disclosure. If disclosure is made, then only the minimum amount of information necessary should be provided, per the HIPAA Privacy Rule. Further, the Exception does not permit a Commander’s direct access to a service member’s electronic medical record, unless otherwise authorized by the service member or the HIPAA Privacy Rule.

Appropriate military command authorities include commanders who exercise authority over a service member, or another person designated by a commander.

Authorized activities for which PHI may be disclosed to a commander include, but are not limited to:

Determining the member’s fitness for duty;
Fitness to perform a particular assignment; or
Carrying out any other activity essential for the military mission.
What about Records of Mental Healthcare and Substance Abuse?
In 2011, the Department of Defense issued Instruction Number DoDI 6490.08. The Instruction was issued as part of an effort to dispel stigma in providing mental healthcare to Armed Forces personnel.

What Information May be Disclosed Under DoDI 6490.08?
Department of Defense healthcare providers may not notify an Armed Forces service member’s commander when the member obtains mental healthcare and/or substance misuse education services, unless one of the below conditions or circumstances apply. If they apply, then disclosure by the Department of Defense healthcare provider is required.

Harm to self. There is a serious risk of self-harm by the member.
Harm to others. There is a serious risk of harm to others. This includes any disclosures concerning child abuse or domestic violence.
Harm to mission. There is a serious risk of harm to a specific military mission.
Special personnel. The member is in the Personnel Reliability Program or has mission responsibilities of such potential sensitivity or urgency that normal notification standards would significantly risk mission accomplishment.
Inpatient care. The member is admitted or discharged from any inpatient mental health or substance misuse treatment facility.
Acute medical conditions interfering with duty. The member is experiencing an acute mental health condition or is engaged in an acute medical treatment regimen that impairs the member’s ability to perform assigned duties.
Substance misuse treatment program. The member has entered into, or is being discharged from, a formal outpatient or inpatient treatment program for the treatment of substance misuse.
Command-directed mental health evaluation. The mental health services are obtained as a result of a command-directed mental health evaluation. The notification is based on other special circumstances in which proper execution of the military mission outweighs the interests served by avoiding notification, as determined on a case-by-case basis by a covered entity.
If one of these circumstances or conditions applies, DoDI 6490.08 makes the disclosure to the commander permitted AND required.
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PFC Jaymes Shrader
PFC Jaymes Shrader
2 y
MAJ David Stokes yeah "sir" I think you should bug off on this one, you're acting immature at a problem dealt with. Saying lies without knowing a thing about what your saying I told you what I said and still want to call me by rank degrade me and accuse me of malingering I'm sorry your life is so crap that you have to resort to this type of behavior. Another thing if you're gonna downvote me give a valid response not a little kids tantrum/argument. As for your response to an actual commanding officer shows how well you fit in with everyone. Get a grip "sir"
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PFC Jaymes Shrader
PFC Jaymes Shrader
2 y
MAJ David Stokes another thing as well Pulhes is listed on a medical profile, my medboard is not, PCM wasn't the one I was on the phone with, it was civilian doctor through the medboard process. Therefore MCE doesn't apply, PCM wasn't the one giving out the information, even the patient advocate, IG and JAG told me my 1sg was in the wrong. So bug off you're being a nuisance and an @$$ fix yourself and start acting like an officer not a boot licker trying to get his rocks off. If I was lying I certainly wouldn't have gotten 100/80 from the VA and the Army certainly wouldn't have gotten retirement. Just because I don't trust my leadership because they are toxic pos and want to willingly disclose information that MCE doesn't apply to does not mean I am lying or malingering. Second yes I've picked up a UCMJ hand book do I read it word for word and memorize it no, that's why it's in a book. I get the information I need, take it up with my chain of command and this is how I didn't get in trouble for fighting against my leadership, I used my head. I was smart I fought smart and boy do arses like you not like it (toxic Leadership). I've gotten cussed out by my 1SG for using regs in an argument and he couldn't do anything but cuss me out you know why? Because I was right and he was wrong but he was too tyrannical to admit it. And I have a strong feeling you are the same type of leader he is. No empathy no compassion. Do you walk with a cane, constantly day in and day out, I'm 21yo out of the army still having to provide for a family walking on a cane taking injections every two weeks for the rest of my life but apparently I'm malingering get ahold of yourself and your humanity, that's another reason I'm thankful I'm out regardless of the reason, so I didn't end up like you.
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MAJ Civil Affairs Team Leader, Secretary Of Generals Staff, Chief Cbrn Officerof Generals Staff
MAJ (Join to see)
>1 y
Thank you Major.
Appreciate CSM, all you 'hip pocket' POLICY MAKERs.
Unless you 'show us the regulations federal statutes, command policies- it's best to advise this Private to
1. Speak to his advocate [I've been through that process (MEB and PEB)
2. Properly use her/his/nb chain-of-command.
3. Note: Gunnys, Chiefs- your rules do not not necessarily reflect US Army Medical Department (Falls Church, Virginia) guidelines policies or EXCEPTIONS for MEBs
4. If one has NOT gone through that process, one should probably
research-
I guarantee you, that PEB packet was literally hundreds of pages.
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MAJ Civil Affairs Team Leader, Secretary Of Generals Staff, Chief Cbrn Officerof Generals Staff
MAJ (Join to see)
>1 y
MAJ David Stokes
Been there, what’s UMCJ got to do with an ADMINISTRATIVE PROCESS???
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