Is my NCO allowed to ask to see a prescription that I have been given for an issue?

2022-04-05T18:49:04-04:00

I have issues sleeping and I was prescribed a medication that literally knocks me out, but for the first time I overslept this morning and got counseled, and I told him about it and he asked to see it, I asked a corporal Buddy of my and he said technically it is a part of my health record so he can’t ask for it, is that true?

Response by MAJ Bob Miyagishima made Apr 5 at 2022 6:53 PM

2022-04-05T18:53:14-04:00

HIPAA rules apply to the military (records) as well as civilian records. However, I would adjust my medicine because I do it all the time (cut it in half).

Response by MSG Private RallyPoint Member made Apr 5 at 2022 6:57 PM

2022-04-05T18:57:39-04:00

Soooo......I have to ask. When you were prescribed the meds to help you sleep, did you inform your NCO that you were given meds to help you sleep? Even just a heads up stating "Hey, Sergeant, I was given meds that will knock me out. If I end up being late to formation, that will be why." Your CPL buddy is technically right but also technically wrong. This would fall in the realms of mission and medical readiness. Which is your NCOs lane AND your Commander's lane. If you are concerned about HIPAA, then inform your Commander of the meds (again, because this is their lane), and then your Commander can inform your NCO.

Also, I recommend you take notice on how they affect you and take better steps in planning on when you need to wake up and when you should take the meds.

Response by SSgt Christophe Murphy made Apr 5 at 2022 7:00 PM

2022-04-05T19:00:49-04:00

It's a sticky situation. Being in the Military you still have HIPAA protection but the unit also has the right to know if your medical situation will effect mission effectiveness to include you being able to work as expected. If your medication is effecting your ability to work it gets into an area of grey. If you refuse to provide information about your medication they could possibly disregard your claim and think you are lying about it. The Unit needs you to be able to work. If the medication is causing an issue you need to get ahead of the problem and find a solution. It shows you are being proactive. You won't be able to hind behind your current meds forever and expect the NCO to stop pushing. Especially if you start oversleeping again. You don't have to forfeit your rights but you also need to understand expectations from both sides.

Response by LTC Ray Buenteo made Apr 5 at 2022 7:27 PM

2022-04-05T19:27:20-04:00

If a medication affects your cognitive ability then you are not mission capable and your dr should have given you a profile which must go to your unit. Unless your full of shit and just over slept

Response by SFC Kelly Fuerhoff made Apr 6 at 2022 8:40 AM

2022-04-06T08:40:02-04:00

No. You do not have to show your NCO any of your PHI. However, your commander can see that IF the provider has released it to the commander.

https://www.health.mil/Military-Health-Topics/Privacy-and-Civil-Liberties/HIPAA-Compliance-within-the-MHS/Military-Command-Exception

"The Health Insurance Portability and Accountability Act (HIPAA) permits protected health information (PHI) of Armed Forces personnel to be disclosed under special circumstances. Commonly referred to as the Military Command Exception, covered entities such as military treatment facilities may disclose the PHI of Armed Forces personnel to Command authorities for authorized activities.

These activities include fitness for duty determinations, fitness to perform a particular assignment, or other activities necessary for the military mission. PHI disclosed to military command authorities, while no longer subject to HIPAA, remains protected under the Privacy Act of 1974."

Also go here: https://www.health.mil/Military-Health-Topics/Privacy-and-Civil-Liberties/HIPAA-Compliance-within-the-MHS/HIPAA-Information-Papers

And look for "Military Commander Exemption" to get a PDF info paper.

Providers can release certain PHI to commanders or their designated representatives. They don't HAVE to - and they don't release an entire medical record.

Prescriptions may be something that the commander can view and as long as the commander can see it, that's all who needs to see it. Now you can volunteer that info to your NCO if you want to but you do not HAVE to show ANY of your PHI to your NCO.

Military-Command-Exception

Response by SFC Casey O'Mally made Apr 6 at 2022 9:02 AM

2022-04-06T09:02:27-04:00

No, your NCO does not have the right to see your prescription.

Yes, your NCO DOES have the right to know, on general, ABOUT your prescription and, more importantly, how it affects you and your performance.

As SFC Kelly Fuerhoff has linked and explained, there is a military command exception which most likely allows your Commander access to that information. My recommendation,.if you are THAT concerned about your NCOs seeing your 'scrip, is to talk to the Commander, let him/her know what meds you are on, and what effect those meds have.

All that being said, though, you STILL have the responsibility of the 4 basic Soldier rights: Right place; Right time; Right uniform; doing the Right thing. Even if you are on meds. Even if you are missing a leg. Even if your car blows up. Unless and until the Commander or his/her delegated subordinate relieves you of your responsibility.

A good way to be relieved of some of that responsibility is a medical profile. One which has been reviewed and accepted by the Commander. If you are having that much difficulty getting to where you need to be - when you need to be there - in the morning, you need to either get a profile or find a new time/dosage/medication for whatever you are taking. Or you need the Commander to bless off on you occasionally missing formation after you explain your situation.

Response by SFC Dan Thomsen made Apr 7 at 2022 10:23 AM

2022-04-07T10:23:16-04:00

Sounds like you need a profile or medical memorandum from a doctor that states you need to get "X" amount of sleep and while on this prescription you either can't make it to duty until XX:XX hours if you are taking it with less than normal release hours from duties/work to attain proper amount of sleep the doctor says you should get and the medication makes it safe for you to be on duty. Them knowing your medicine does not tell them how as a doctor it is being prescribed to you or even how it will uniquely effect every human being differently. You have to work with your doctor and your command to empower both to make sure you are all set up for success and get you back to fully FMC. (World According to Dan)