Can a Commander call my PA and get my medical records?

2018-09-20T16:48:27-04:00

So, my CO yesterday morning yelled at me telling me to stop faking my concussion, that he talked to doctor and I'm fine. I checked with my TBI clinic and the doctor doesn't know my commander at all. Where could my CO's claim come from?
BTW I'm not trying to be a shit bag, my profiles are never longer then they need to be. i could've as well went med board if i go to sick call for very inury.

Response by CPT Private RallyPoint Member made Sep 20 at 2018 6:43 PM

2018-09-20T18:43:50-04:00

Your CO should have access to the relevant info through the Commander's Portal. If he needed clarification, he could contact your PCM; but if the DR signs off on a profile, the commander has to abide by it.

Response by SrA John Monette made Sep 20 at 2018 6:51 PM

2018-09-20T18:51:13-04:00

your CO's claim could (probably) come from ignorance. unless you sign a release, NOBODY can see your medical records. at least, that is how it works on the civilian side. if there is an information or privacy office at your TBI clinic, check with them.

Response by MAJ Private RallyPoint Member made Sep 20 at 2018 7:03 PM

2018-09-20T19:03:12-04:00

I feel like there is a lot left out of this story.

Response by SFC Private RallyPoint Member made Sep 20 at 2018 8:12 PM

2018-09-20T20:12:19-04:00

Your commander may only have what you release to him and the information your PA deems relevant. Even then, the PA can't release your records without your consent. Accessing your medical records without your consent is a violation of HIPAA, which is a federal law.

Response by CW2 Private RallyPoint Member made Sep 20 at 2018 8:17 PM

2018-09-20T20:17:44-04:00

Not sure if it’s even the case anymore, but a Commander doesn’t have to honor a profile at all. From what I remember, it’s more of a recommendation from the Doctor to the CO.... i.e why the Commander has to sign the profile. Again, I may be out of date. I’m aging in my wisdom days.

Response by LTC Jason Mackay made Sep 20 at 2018 8:25 PM

2018-09-20T20:25:41-04:00

I can't speak to the actual interaction you had with your Company Commander, but it is routine for providers to communicate medical non-deployable updates to the chain of command. There are times where providers have to communicate with command teams to ensure the soldier is not being placed at higher risk.

Are you nondeployable?. Nondeployable soldier status is reviewed ad nauseam in conjunction with USR. In 2016 Senior Commanders (Division Commanders) were getting dragged through broken glass over deployability numbers and ensuring soldiers are not adrift in the process. Part of this is whether it is something that can be resolved in 6 months or less or it is a longer term issue where a med board may be required. In turn Brigade commanders got dragged through broken glass, the. Battalion Commanders, then Company Commanders. I can't imagine it got any easier since then. If 10% of the Army is non deployable, that's over a Division that can't deploy. Frequent profiles also draw attention, which is now traceable in MEDPROS. Temporary and Long Term ("permanent profiles" now have to be validated every 5 years).

Response by LTC Stephan Porter made Sep 20 at 2018 9:06 PM

2018-09-20T21:06:41-04:00

Commanders have to “approve” the profile; Ive talked with providers about bogus profiles and not giving profiles when warranted.

If it is really a problem, your TBI doctor can call the CDR. Perhaps having him call your primary care First is appropriate.