Is it normal for a command to require proof of a conversation with a medical provider?

2018-08-16T10:05:23-04:00

It's standard practice in my unit that a soldier gives an appointment slip to their nco for their appointments. But my command is requiring me to provide a written statement from my therapist regarding a conversation I had with her during my last appointment regarding my levy packet. I've never heard of this happening before, and it just seems abnormal to me.

Response by SSG Ed Mikus made Aug 16 at 2018 10:10 AM

2018-08-16T10:10:06-04:00

a conversation with your doctor is private, if you are not comfortable you should not have to share that information in any way, i would check with JAG or IG if you cannot discuss it with the commander, maybe the commander just needs ammo to help/hurt your levy process. you know the commander cannot brief their commander with hearsay as evidence.

Response by CPT Private RallyPoint Member made Aug 16 at 2018 10:24 AM

2018-08-16T10:24:53-04:00

Definitely speak with the post legal assistance team. JAG is there to assist the commander. At first glance, if the commander just wants “proof” that you were seen, that should be ok. Anything more is technically privileged, but it gets kinda hairy when it comes down to your commander’s concerns/expectations/responsibilities about his soldiers wellbeing

Response by CSM Richard StCyr made Aug 16 at 2018 10:40 AM

2018-08-16T10:40:23-04:00

Conversations with your therapist are generally no ones business but yours and your therapist, with only a couple exceptions and your levy packet on the surface doesn't fit that bill (if you made some sort of allegation of misconduct by the command in regards to your packet then it may). Go see the IG or JAG for an official opinion on restricted communications and what you are required to share with your command and comply accordingly.
The command is however perfectly in their lane asking for appointment slips to account for your whereabouts and absence during the duty day.

Response by SFC Private RallyPoint Member made Aug 16 at 2018 10:40 AM

2018-08-16T10:40:26-04:00

That completely violates HIPAA. No one in the military is exempt from federal laws, especially HIPAA.
Tell your commander that his/her request violates HIPAA and if they believe it does not, they may request the document themselves from the therapist.
If they continue to insist, tell them you will comply if they issue the order in writing. Take that written order to your IG and there will be no more issues.

Response by SGM Bill Frazer made Aug 16 at 2018 3:24 PM

2018-08-16T15:24:18-04:00

I never heard of such, such conversations are normally private. Suggest you check with JAG.

Response by SP5 Charles Gould made Aug 20 at 2019 11:31 AM

2019-08-20T11:31:23-04:00

Doctor - Patient confidentiality us sacrosanct, military doctors or not. Noone, command, NCOs nor anyone else not directly involved with your health care has any right to that information. That you went, sure. The details of your conversations with your doctors - no way!