Posted on Feb 8, 2023
Does your chain of command have access to/request your civilian spouse's medical records if they go to a civilian doctor?
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I am the primary caregiver of my wife who is on EFMP. I got a new assignment and had orders to arrive on a given date. I arrived on said date and checked into my unit. The Army, per usual, wanted to know where I was before I arrived. I gave them the dates of my wife's appointments/treatment. That should be enough (In total, it was about a month of care/treatment. So I requested a combination of Primary Caregiver Leave and PCS Leave).
If it's not enough, can my chain of command reach out to my wife's doctors for her medical records? Or is that a violation of HIPPA? What are they allowed to ask her doctors if they reach out to them?
If it's not enough, can my chain of command reach out to my wife's doctors for her medical records? Or is that a violation of HIPPA? What are they allowed to ask her doctors if they reach out to them?
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Medical
Posted 2 y ago
Responses: 4
It's not a violation of HIPAA for your command to reach out and ask. It is a violation of HIPAA for her provider to give them any information (especially her medical records) without her permission. The command likely wants to verify all the appointments that will require you to be away from your place of duty. It's your responsibility to provide them with sufficient proof of those appointments. A handwritten or emailed listing of appointment days/times probably isn't sufficient; the command will likely require something official from the provider indicating those dates, and they will also want some justification that you are needed at all of those appointments. So, provide the command with what they need to ensure that you're asking for reasonable accommodations for your spouse's legitimate health needs under the EFMP.
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*HIPAA
HIPAA applies to healthcare professionals and insurance companies not being allowed to give out information to third parties who aren't approved by the patient or caregiver.
What do you mean "the Army" wanted to know where you were on leave? Do you mean your new leadership? Why did they want to know if you reported on time? That's weird.
They can reach out to her doctors all they want but if your wife didn't give approval to release her info to them, the doctor will tell them they can't release the info due to patient confidentiality. How are they going to get her doctor's info anyway? My daughter is EFMP and no one has ever asked for her medical info or doctor info and I wouldn't give it to them if they did. They don't need my dependent's info at all.
HIPAA applies to healthcare professionals and insurance companies not being allowed to give out information to third parties who aren't approved by the patient or caregiver.
What do you mean "the Army" wanted to know where you were on leave? Do you mean your new leadership? Why did they want to know if you reported on time? That's weird.
They can reach out to her doctors all they want but if your wife didn't give approval to release her info to them, the doctor will tell them they can't release the info due to patient confidentiality. How are they going to get her doctor's info anyway? My daughter is EFMP and no one has ever asked for her medical info or doctor info and I wouldn't give it to them if they did. They don't need my dependent's info at all.
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PFC (Join to see)
Roger SFC. By "the Army" I meant my losing unit. Yes, it is odd. I reported on time to my new unit but my old unit tried to put me in the hole of my leave days. Trying to get that corrected by showing that my wife was undergoing medical care
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SFC Kelly Fuerhoff
PFC (Join to see) - Why do they care what you did on PCS leave? If you put in the leave form properly and you took the days listed they can't do much. Hopefully your new unit S1 is helping.
I guess I've seen weirder. When I PCSed from Riley to Offutt AFB for my compassionate reassignment, I still had to supply a memo for the BC on what I'd be doing on my leave. It was a 3 hour drive. I took like a week of leave...so the memo said driving the 3 hours to Omaha, finding lodging, attending medical appointments for my child and signing in when leave ends. I have never done that before or since that unit.
I guess I've seen weirder. When I PCSed from Riley to Offutt AFB for my compassionate reassignment, I still had to supply a memo for the BC on what I'd be doing on my leave. It was a 3 hour drive. I took like a week of leave...so the memo said driving the 3 hours to Omaha, finding lodging, attending medical appointments for my child and signing in when leave ends. I have never done that before or since that unit.
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SFC (Join to see)
SFC Kelly Fuerhoff - his is because he is trying to claim non-chargeable leave under Primary Caregiver Leave for taking his wife to doctors appointments.
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PFC (Join to see)
SFC (Join to see) - That is correct. I do have enough leave time, so if I am charged, it won't hurt me too much. But if it can be non-charged, I'll take it.
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There is t much here. The short answer is no they cannot access your spouses civilian record, things to think about, does she have a military primary care or a civilian. Will the information being held back improve or complicate her treatment. Your spouse not providing as much as necessary to continue to treat her as an EFMP is crucial. For this alone your query concerns me.
EFMP is. It a program that continually allows you to miss duty to perform as a primary care. Each duty position at each installation will have a set of criteria that is followed in order to determine if you are mission ready. I would encourage your spouse to keep the military doctors or commanders abreast of treatment as a note from a civilian doctor does not dictate the term of the EFMP as it is managed at each installation.
Depending on many factors you can also be separated from service for failing to have a suitable Care Plan allowing you to perform your duties.
I do hope your wife is well.
EFMP is. It a program that continually allows you to miss duty to perform as a primary care. Each duty position at each installation will have a set of criteria that is followed in order to determine if you are mission ready. I would encourage your spouse to keep the military doctors or commanders abreast of treatment as a note from a civilian doctor does not dictate the term of the EFMP as it is managed at each installation.
Depending on many factors you can also be separated from service for failing to have a suitable Care Plan allowing you to perform your duties.
I do hope your wife is well.
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PFC (Join to see)
Thank you, CSM. My wife has her good and bad days but overall she is doing better.
While she is on Tricare, her PCM is a civilian. We just didn't know how much information we would be allowed to give to my command as supporting documents for my leave, given HIPPA. And if my chain of command would need to reach out to her civilian doctors for anything further.
I am at my post now and her EFMP records have been transferred from my previous assignment. We are in the process of making a new family care plan since I am at my new unit
While she is on Tricare, her PCM is a civilian. We just didn't know how much information we would be allowed to give to my command as supporting documents for my leave, given HIPPA. And if my chain of command would need to reach out to her civilian doctors for anything further.
I am at my post now and her EFMP records have been transferred from my previous assignment. We are in the process of making a new family care plan since I am at my new unit
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SFC Kelly Fuerhoff
What are you talking about? My daughter is in EFMP and the only people who I allow to access her medical information is her school because she has a 504 and IEP and CYS. My leadership in any of the two bases I've been at since she got diagnosed with her kidney stuff has never asked for details and never would access her medical records if they tried. She does get care on base mostly where we are but that doesn't authorize my leadership to try to get access to her medical records. The only people who have to have any medical information is the EFMP coordinators which obviously he did provide that or his spouse wouldn't be enrolled in the program.
EFMP does not allow people to miss duty it is there so the SM can be assigned somewhere that their dependent can get the right treatment. The last two PCSes trying to stay close to home and those bases denied due to being unable to provide the services she needed.
His wife absolutely does not have to inform his leadership nor does he of any of her medical information. Just appointments. They don't even have to tell leadership what the appointments are for. A SM doesn't even have to tell their leaders specifically why they are going to see a doctor.
EFMP does not allow people to miss duty it is there so the SM can be assigned somewhere that their dependent can get the right treatment. The last two PCSes trying to stay close to home and those bases denied due to being unable to provide the services she needed.
His wife absolutely does not have to inform his leadership nor does he of any of her medical information. Just appointments. They don't even have to tell leadership what the appointments are for. A SM doesn't even have to tell their leaders specifically why they are going to see a doctor.
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SFC Kelly Fuerhoff
PFC (Join to see) - You don't have to tell them anything specific. You tell them these are her appointments and dates and if they're on or off base. That's it. If they try to request access to her medical records they'll get denied unless you or she authorizes it.
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CSM Darieus ZaGara
PFC (Join to see) glad she is well and you are on top of her process. Like I said, in these cases sharing information is prudent when support is an issue. How much and to who is dictated by your spouse, not the military and not the military care givers. Again, if it is helpful to her care she alone gets to decide.
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