Does your chain of command have access to/request your civilian spouse's medical records if they go to a civilian doctor?

2023-02-08T06:16:40-05:00

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?

Response by MSG Private RallyPoint Member made Feb 8 at 2023 6:41 AM

2023-02-08T06:41:33-05:00

Responded to your DM to me

Response by CSM Darieus ZaGara made Feb 8 at 2023 7:44 AM

2023-02-08T07:44:00-05:00

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.

Response by LTC Kevin B. made Feb 8 at 2023 8:29 AM

2023-02-08T08:29:26-05:00

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.

Response by SFC Kelly Fuerhoff made Feb 8 at 2023 12:32 PM

2023-02-08T12:32:25-05:00

*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.