Should I go to IG for HIPAA Violation by my 1SG and PSG?

2022-03-21T09:03:12-04:00

So I'm going through the medboard process and I had a telephonic appointment to give a summary of my medboard process so far, I told my Leadership I did not want them present due to HIPAA, the next day I get cussed out and intimidated by my 1SG who told me I cannot invoke HIPAA regs, appointment comes around and I am in the PSG office in my appointment the caller than spouts off things I didn't want my leadership knowing about which I filed claims for and got approved by the VA I am currently on 4 permanent profiles due to medical conditions and my PSG heard all my medical conditions that I currently have and claimed, can I go to IG about this toxicity, intimidation and HIPAA Violations?

Response by PFC Jaymes Shrader made Mar 21 at 2022 9:03 AM

2022-03-21T09:03:45-04:00

What are the steps I can take?

Response by MAJ Private RallyPoint Member made Mar 21 at 2022 10:38 AM

2022-03-21T10:38:19-04:00

Your command team should know where you are in the process and your commander should be reviewing your profile(s). If you did not want certain information shared with your command team, you should have infomed your provider prior to the call or at the begining of it. Your command team did not violate HIPAA by being on the call. Are you wanting to file against your provider for sharing information? (The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.)
IG cannot force your command to do anything, they have no control, they can only investigate/ask questions and make recomendations.
If you are being intimidated or singled out by your 1SG, then maybe you should talk to EO.

Response by GySgt Kenneth Pepper made Mar 21 at 2022 11:09 AM

2022-03-21T11:09:18-04:00

Your command didn't violate HIPPA, your healthcare provider did. As far as going to IG about being treated like a soldier, please don't waste their time and yours. Obviously they have decided that you are malingering or faking injury/illness. You are not going to change their minds by telling on them for treating you like a Soldier.
Choice #1: Just wait for your medboard package to be approved and try to stay off the radar. Quietly slip away.
Choice #2: Continue to stir the shit bucket and make the little time you have left even more difficult.

Response by SGM Bill Frazer made Mar 21 at 2022 1:22 PM

2022-03-21T13:22:41-04:00

You can go to the IG at any time. The only one who violated HIPPA was your provider, not the command. By regulation, they are responsible for YOU, your training, welfare, etc. They don't have to be present but they do need a general synopsis of what is going on, How in the hell do you expect them to try to help thru paper jams, etc., how in the Hell are they supposed to keep the unit up to strength? They can't ask for a replacement till you get a decision from the Med board. Keep in mind the very people you are bitching about are the ones who check off the findings of that board and get the discharge papers rolling. BY the way, IG investigates and recommends, they do not command shit.

Response by MSG Private RallyPoint Member made Mar 21 at 2022 1:34 PM

2022-03-21T13:34:20-04:00

So, your Command didn't violate HIPAA. Did your provider during the telecoms appointment know that your PSG was in the room with you? I ask this because your provider should not be giving any health information out unless your provider received permission from you. So, if your provider did not have permission from you and knew that your Command Team were in the room during the call, no HIPAA information should have been given out. And that would mean your provider is at fault. Now, I'm going to play devil's advocate here. If the provider did NOT know that someone was in there with you and gave information, then the provider was working on the assumption that the conversation was private and did not intend to violate HIPAA.....once could guess that you were the one setting up the situation for someone to be at fault.

Either way....no, your Command is not at fault for violating HIPAA. If you are worried about toxicity and intimidation, sure you can contact the IG Office. Just know that they only investigate and recommend actions to the higher levels of command.

Response by SFC Private RallyPoint Member made Mar 21 at 2022 2:26 PM

2022-03-21T14:26:48-04:00

You ultimately allowed them to be at your appointment - so no one violated HIPAA. You didn't have to hold the telephonic appointment in the PSG office and if you did, didn't have to have it on speaker (it sounds like it was on speaker). Did you tell the provider that you had the PSG in the room?

Why did your leadership even say they needed to be present for that appointment?

Your commander would be aware of everything going on with your medboard - and I believe 1SGs have access to the same thing commanders do as well since they have to know the readiness of all those in their formation. So your 1SG is probably aware of all your profiles. And wouldn't your PSG know about your medboard and potentially your four profiles?

The only one who possibly violated HIPAA is the provider IF you told them other people were in the room and they still disclosed any PHI.

Response by SSG Private RallyPoint Member made Mar 21 at 2022 3:47 PM

2022-03-21T15:47:57-04:00

The Command is authorized ALL of your medical records and any pertinent information in regards to the MEB Process. If you are going through an MEB, then the command is notified as to what conditions are deemed disqualifying. If the MEB hasn't given you a NARSUM that states you have disqualifying conditions, your MEB hasn't been approved. HIPPA does not apply if the command is entitled to the information.

Response by SFC Private RallyPoint Member made Mar 21 at 2022 5:15 PM

2022-03-21T17:15:10-04:00

Just fyi everyone it's *HIPAA. Health Insurance Portability and Accountability Act.

Response by SGM Erik Marquez made Mar 21 at 2022 9:33 PM

2022-03-21T21:33:47-04:00

PFC Jaymes Shrader "B Co, 2-506 IN, 3rd BCT, 101st ABN"
Your company, BN, BDE, DIV 1SG, CDR's, CSM's have been informed of your concerns. Im sure they will be able to speak to you about your concerns.

Response by MAJ Ronnie Reams made Mar 22 at 2022 10:54 AM

2022-03-22T10:54:35-04:00

I remember when this law was passed. I was on a volunteer rescue squad. After our lawyer studied it, he said that it only applies to providing a medical service, we did, rendering a bill, we did not, and transmitting information electronically, we did not. Therefore, it did not apply. It would seem to me that the military only meets two requirements, rendering a medical service and transmitting electronically.

Response by LTC Ray Buenteo made Mar 22 at 2022 11:26 AM

2022-03-22T11:26:42-04:00

Should you? That is your choice. Anyone can go to the IG. You can present your concerns the IG will do an investigation. If the IG identifies issues they will take appropriate action. Keep in mind it could be as simple as telling your immediate chain of command you have a concern and ask them to respond to your concern to further investigation and further findings being addressed. You see where I’m going? I don’t know your medical issues but will your energy be better spent on your MEB or IG complaints. Because in all honesty you sound butt hurt and want to stand up to the Chain.

Response by SSgt Christophe Murphy made Mar 22 at 2022 3:53 PM

2022-03-22T15:53:04-04:00

Why was your appointment on your Platoon Sgt's phone? Nobody gets to invite themselves to your appointment. But technically the provider is at fault as they provided information in mixed company. You can go to IG if you want but it doesn't sound like you used all the resources at your disposal first. IG is a last chance break glass in case of emergency. Once you ring that bell it will bring the overwhelming bright light of scrutiny to everything including you and what you have done/not done. Don't bring that attention onto yourself until you know you have tried everything else first.

You need to work with your Unit Medical folks, Med board case worker, providers and PEBLO and bring them up to date with what is happening. They can't support you if you don't loop them in.

Response by CSM Darieus ZaGara made Mar 22 at 2022 4:51 PM

2022-03-22T16:51:34-04:00

There are a few ways to look at this; you have conditions identified that will most likely impact your abaility to perform your duties. Your command needs to know so that they do not violate any profile, or negatively impact existing conditions. Your command Team has no way to negatively impact you based on knowing vital medical issues. It is more likely that they want to ensure you are taken care of.

This does not appear to be at the IG level, as you have not given your command time to respond to the Bn level. If you are truly concerned as to see the CSM and or Bn Co.

Response by LtCol Robert Quinter made Mar 23 at 2022 6:12 AM

2022-03-23T06:12:46-04:00

There is no HIPAA violation. The military is authorized access to your health information as an "essential government function". "Covered entities are allowed to release protected health information for the completion of government duties and functions, including military missions, national security initiatives...". You might want to go to legal rather than the barracks sea lawyers when considering going to the IG. Your medical condition has direct impact on unit readiness and your CO and his command element must know your status.

Response by PFC Jaymes Shrader made Mar 23 at 2022 6:35 AM

2022-03-23T06:35:10-04:00

Update: I talked to my PEBLO and ombudsman it's been figured it out I was in the right, I was able to invoke HIPAA regs but was given an unlawful directive for my PSG to be there so I will be going to IG first thing today and also go to HIPAA patient advocate officer as well.

Response by SPC James Neidig made Mar 24 at 2022 2:12 AM

2022-03-24T02:12:26-04:00

Just Suck it up!! And Drive on , The MEB Board can take 6 Months or Longer, Do you Really Want to Kick The Hornets Nest? They Can Make Your Life A Nightmare, if they Tell you to do Something that is Against your “ Profile’s “ Then Go to a Higher Command if they Don’t take care of it then go to the IG , Keep Your Head Down and Your Mouth Shut until you Get the Results of the MED Board, if the MED Board Decide you are Fit For Duty You Will Have a Bunch of Peed Off NCO’S in Your Chain of Command

Response by SSG Private RallyPoint Member made Apr 5 at 2022 4:30 PM

2022-04-05T16:30:56-04:00

You're up the creek without a paddle buddy. Based on previous comments your command is aware of your issues and I'm sure they'll take care of any problems you may have going forward. Words of advice for your future in the civilian world, don't put your grievances on social media like this. Especially when it seems like you are trying to hide something AND your command structure uses the platform.

Response by LTC Ray Buenteo made Apr 5 at 2022 5:12 PM

2022-04-05T17:12:28-04:00

If you want to delay your discharge go ahead and start with the IG. Then you can sit around the unit for a few months doing shit details until you get a response from IG. The response may not be what you hoped . You will not get revenge. Take your discharge and get out.

Response by SFC Private RallyPoint Member made Apr 5 at 2022 6:21 PM

2022-04-05T18:21:41-04:00

I'm confused as to why there was a telephone appointment in the first place. Who exactly is this appointment for and why was your leadership even there? This situation seems to hold a great deal of confusion, but the 1SG and PSG definitely should not have been part of that call. The Commander is a different story as they have a right to a soldier's PHI on many things that affect a soldier's fitness. That's something I learned during my final years in the Army. However, the Commander does have a responsibility to that information is protected, just as medical professionals. The 1SG's comment is definitely one of concern, it's up to you how you want to handle that issue. If you want to go to IG, your choice. However, I don't know the full circumstances nor the verbatim comments he/she made to give you valid guidance. I'm guessing the "caller" was the doctor, but I'm curious if they knew there were people on that call who weren't supposed to be there. I'm sorry, but there are a lot of unknowns in the situation you are describing and I would hate to give you advice that could worsen the situation.

Response by MSG Reid Zohfeld made Apr 5 at 2022 7:43 PM

2022-04-05T19:43:45-04:00

I personally would be seeing the jag
There is absolutely no reason for anyone but who you decide to have in the meeting
That being said you should tell the person that there are people which you do not want there and they should ask the them to dismiss them or cancel the meeting till a later date

Response by Robyn Morrow made Apr 5 at 2022 10:36 PM

2022-04-05T22:36:51-04:00

Your doctor violated Hipaa You have to sign a form that’s tells them who can hear or be spoken with about your medical issues. It’s the law. As for your uppers using their rank to intimidate or harass, go to you EO rep and speak with them. Explain to them what is going on and what they are doing. EO will advise you on what you can do. As for your doctor, you can report him to Department of Health and Human Services' Office for Civil Rights.

Response by MSgt Rafael Cortes made Apr 6 at 2022 10:35 AM

2022-04-06T10:35:05-04:00

First I like to say I am going to take everything at face value. So sorry for what medication condition your going through. If you think you should talk to the IG and see what they say, they well know. No one should tell you that you can not talk to them. If they do then they are they reason why so many problems never get fixed and have disrespect the uniform and the oath we have taken.

Now the reason why you had to have the telephone conversation in your office is beyond me, unless you no access to other phones but leadership should have had enough RESPECT to try to give you some privacy, if reasonable. If they wanted to know what was going on with you they can look it up themselves or look up your Medical Profile on file at the unit.

Response by PO3 John Priest made Apr 6 at 2022 1:28 PM

2022-04-06T13:28:41-04:00

I personally would NOT, as it would make a difficult situation even more so for you. I would however, have mentioned to person on the phone that you were not in a private setting, and let them know who was there. It is on the Health professional and you as to whether the call proceeds or not (and in your case, it sounds like it should).

The last bit of advice I can offer is document EVERYTHING! Dot the I's and cross the T's.

Response by SSgt Mathew Cummings made Apr 6 at 2022 3:36 PM

2022-04-06T15:36:19-04:00

Well... let's go over the myriad of issues here. You can request for intervention by your CO, if you jump to the IG, you are going to rip open a hornets nest. If you had command members there under duress, that's intimidation. If you didn't tell the medical personnel they were in the room, that's on you. From a command perspective, the only time I went to medical appointment/exam with a Marine or Sailor was when I had a malingering individual or it had something to do with confinement. If neither had to do with you, do your research and approach it by the right process. If either applied, if you file a complaint, your departure from the service may be "extended" in lieu of investigation.

Response by SGT Kathleen Regan made Apr 6 at 2022 11:33 PM

2022-04-06T23:33:03-04:00

Hmmm. Med Board. REally. Your profile pic marks you as young and healthy. What's the real deal here? Just asking, as a nosey old army nurse.

Response by LCpl Robert Hethcoat made Apr 7 at 2022 4:51 AM

2022-04-07T04:51:27-04:00

I would they have no right to bully or intimate you. I would have them . I a marine and I was Medical discharged with medical and physical disability. And no one has the right to know what you have unless you chose to tell them.

Response by MAJ David Stokes made Apr 7 at 2022 6:46 AM

2022-04-07T06:46:17-04:00

HIPAA Military Command Exception
HIPAA Military Command ExceptionThe Health Insurance Portability and Accountability Act (HIPAA) permits protected health information (PHI) of Armed Forces personnel to be disclosed under special circumstances. Under the Military Command Exception to the HIPAA Privacy Rule, covered entities may use and disclose personal health information of Armed Forces personnel, if such use and disclosure is deemed necessary by appropriate military command authorities to assure the proper execution of a military mission. This HIPAA Military Command Exception permits the use and disclosure of PHI that would otherwise be prohibited by the HIPAA Privacy Rule.

What Is Use and Disclosure of Protected Health Information?
Protected health information (PHI) is individually identifiable health information that is transmitted or maintained by electronic or any other form or medium. Use of PHI is the sharing, employment, application, utilization, examination, or analysis of PHI within a covered entity. Disclosure is the release, transfer, provision of access to, or divulging in any other manner of PHI outside of the covered entity holding the information.

What is the Scope of the HIPAA Military Command Exception?
Under the HIPAA Military Command Exception, a covered entity may disclose the PHI of service members for authorized activities to appropriate military command authorities. This exception does not require covered entities to disclose PHI to commanders, it only permits the disclosure. If disclosure is made, then only the minimum amount of information necessary should be provided, per the HIPAA Privacy Rule. Further, the Exception does not permit a Commander’s direct access to a service member’s electronic medical record, unless otherwise authorized by the service member or the HIPAA Privacy Rule.

Appropriate military command authorities include commanders who exercise authority over a service member, or another person designated by a commander.

Authorized activities for which PHI may be disclosed to a commander include, but are not limited to:

Determining the member’s fitness for duty;
Fitness to perform a particular assignment; or
Carrying out any other activity essential for the military mission.
What about Records of Mental Healthcare and Substance Abuse?
In 2011, the Department of Defense issued Instruction Number DoDI 6490.08. The Instruction was issued as part of an effort to dispel stigma in providing mental healthcare to Armed Forces personnel.

What Information May be Disclosed Under DoDI 6490.08?
Department of Defense healthcare providers may not notify an Armed Forces service member’s commander when the member obtains mental healthcare and/or substance misuse education services, unless one of the below conditions or circumstances apply. If they apply, then disclosure by the Department of Defense healthcare provider is required.

Harm to self. There is a serious risk of self-harm by the member.
Harm to others. There is a serious risk of harm to others. This includes any disclosures concerning child abuse or domestic violence.
Harm to mission. There is a serious risk of harm to a specific military mission.
Special personnel. The member is in the Personnel Reliability Program or has mission responsibilities of such potential sensitivity or urgency that normal notification standards would significantly risk mission accomplishment.
Inpatient care. The member is admitted or discharged from any inpatient mental health or substance misuse treatment facility.
Acute medical conditions interfering with duty. The member is experiencing an acute mental health condition or is engaged in an acute medical treatment regimen that impairs the member’s ability to perform assigned duties.
Substance misuse treatment program. The member has entered into, or is being discharged from, a formal outpatient or inpatient treatment program for the treatment of substance misuse.
Command-directed mental health evaluation. The mental health services are obtained as a result of a command-directed mental health evaluation. The notification is based on other special circumstances in which proper execution of the military mission outweighs the interests served by avoiding notification, as determined on a case-by-case basis by a covered entity.
If one of these circumstances or conditions applies, DoDI 6490.08 makes the disclosure to the commander permitted AND required.

Response by MAJ David Stokes made Apr 7 at 2022 6:47 AM

2022-04-07T06:47:39-04:00

I guess the better question is, if there is nothing to hide with all your medical issues that you want to get paid for, What's the problem?

Response by SGT Andrew Anderson made Apr 7 at 2022 9:14 AM

2022-04-07T09:14:13-04:00

HIPAA Privacy Rules don't seem to fit the circumstances your complaint refers to. HIPAA only applies to health plans, health care clearinghouses, and healthcare providers that conduct certain healthcare transactions electronically, none of these conditions seem to have been violated. The fact that someone was present and you knew they were present, is not a violation of HIPAA Privacy Rules. You had the opportunity to inform those who were conveying the information that there were others present and you did not feel it appropriate that the individuals present should be privy to your personal health information. If you did state that and they continued, you might have a complaint, but it's doubtful. Health care providers may disclose the necessary protected health information to anyone who is in a position to prevent or lessen the threatened harm, including family, friends, caregivers, and law enforcement, without a patient's permission.

Response by SSG Private RallyPoint Member made Apr 7 at 2022 7:21 PM

2022-04-07T19:21:59-04:00

Not only should you contact the IG but you should also contact your Congressman just in case the IG doesn’t do their job.

Response by SSG Dave Johnston made Apr 7 at 2022 7:31 PM

2022-04-07T19:31:48-04:00

I spent my US Army career as "Doc", mostly assigned to CBT ARMS units; AR, FA(Pershing); or Combat Support, 1st Med Bn. 1st ID, 757 Med Det, and Med Co. 1st US Army SPT BN. Saini, Egypt (MFO)... MEPS was a whole different animal, anyhow... There are 5 leaders, plus 1, that are aware of your 4 P-3's and where they land in regards to PULHES, and they are required to know, so that you do not further injure yourself due to what ever duty(s) you may be required to perform. Thats Squad Ldr, Platoon Daddy, and the Lt, TOP and the CO. and "Doc" just because, you know, 'cause it's 'Doc". My question to you is??? Are you currently assigned to a MED HOLD, or Medical Transition unit; or are you holding down a slot in what ever unit you're currently assigned to; cause your "Belly ache'n" missive doesn't say. Are you filling that slot that needs someone less 'Broke" than you, because a bunch of units are getting ready to deploy and you don't need to be trapsing around Europe on Uncle Sam's dime when you'll soon be heading to Ft. Livingroom.
If you are in MED Hold or a Medical Transition Unit your Squad Ldr. PLT. SGT and Lt, TOP, and the CO still have a need to know for the "Make busy" work they'll have you do until you're discharged...

Response by Cpl Gunner Stout made Apr 7 at 2022 11:31 PM

2022-04-07T23:31:04-04:00

If your claims are legit, your command probably already knows about them (or at least some). I don't know how you ended up in a contentious relationship with them, but my experience is that you don't win pissing contests with Sr. Enlisted, even if you are right - the best outcome if you are is you both lose. First thing I'd do is arrange a meeting with "them" and seek how to "put things right". The HIPPA thing was a red herring - unless you're voluntary substance abuse or mental health there's a Military Command Exception to HIPPA provisions, and now, whatever it was in your PHI you were seeking to remain private no longer is, anyway. That's not their fault, is it? The only way forward is to talk it out with your leadership and come to agreement on how the future looks. Trust me, this won't be the last time undesired disclosures happen in your life - handle it honestly and intellectually, not emotionally. No IG.

Response by SGT David Sievers made Apr 8 at 2022 12:47 AM

2022-04-08T00:47:49-04:00

My advice would be to bite the bullet keep your head down and get out. I'm sure we've all had our share people we served with that we contemplated throwing down a flight of stairs at one point or another, but if you want the least amount of long-term headache just push through you have the rest of your life to hate them and never have to be around them again.

Response by LCpl Jeff Moore made Apr 8 at 2022 3:49 PM

2022-04-08T15:49:51-04:00

I was keep my commanf away of any medical issue so they could work with me.

So either you are injuried and have legit medical condition or you are a sand bagger and don't tell your command the full story to get out of work.

But if you want out keep your head down.

Response by SPC Morris Johnson made Apr 8 at 2022 5:13 PM

2022-04-08T17:13:41-04:00

sure can, but with the hippa part that's on the provider unless the Psg and 1st sgt requested the info then it is on them also. Regardless what any thinks if any medical info upto and including VA stuff is told that is HIPPA VIOLATION UNDER HPI protection

Response by CWO4 Miles Weaver made Apr 9 at 2022 7:28 PM

2022-04-09T19:28:41-04:00

Not sure HIPAA even applies in this situation.

Response by MAJ Private RallyPoint Member made Apr 15 at 2022 10:05 AM

2022-04-15T10:05:37-04:00

HIPAA, the Health Information Portability and Accountability act of 1996, is an often referred to and misunderstood thing. It regulates under what circumstances persons who have access to certain health information may share with others. It does not prohibit anyone from asking or listening.

Sure, you can go see the IG about anything. Then they can explain to you that if you consented to a third party being in your interview, it is unlikely that a HIPAA violation occurred. In addition, it is the responsibility of the person/s who holds protected health information to comply. It is not your sergeant's responsibility to plug his ears and not listen.

An unanswered question here is what was the nature of this telephonic appointment and why was your PSG there in the first place?

If you don't feel you can have a conversation about this with the PSG or 1SG, then make an appointment with the Commander, who has ultimate responsibility.

Meanwhile a trip to talk with a neutral party, i.e., the Chaplain or a counselor might be most helpful.

Response by SPC Private RallyPoint Member made Apr 15 at 2022 8:29 PM

2022-04-15T20:29:08-04:00

68X here. Privacy and consent for disclosure of PHI/PII are always going to be there. When it comes to the medboard process your chain of command with be integrated with your care. They are the ones that the behavioral health team keeps in contact with. There's really a long trail of paperwork that is filled out, and somewhere along the line there was justification for a medboard to be initiated from your care provider in conjunction with being unfit for duty and not retainable.

From a behavioral health perspective, to be a PFC and possibly have less than 2 years of service with 4 permanent profiles raises many red flags with all medical units and command.

You can do a few things regarding IG. No one can stop you from going to IG and initiating an investigation.

Before pursuing the legal realm, go to your outpatient behavioral health and seek guidance about your stress and situation in the meantime.

With the remaining time in your army know that no matter what you do shit trickles downhill.

Response by SPC Morris Johnson made Apr 21 at 2022 12:04 AM

2022-04-21T00:04:53-04:00

how many of you who are answering this are actually part of AMMED

Response by SGT Private RallyPoint Member made Apr 21 at 2022 3:26 PM

2022-04-21T15:26:37-04:00

Too many unknown variables here and we’re only getting one side of the story. Ultimately it boils down to, you can go to the IG for anything. Now wether or not they accept your complaint is on them.

Response by CWO3 Robert Fong made Apr 23 at 2022 11:34 AM

2022-04-23T11:34:00-04:00

Private, HIPPA only applies to your medical records and/or conversations with your Dr. Now, here is where we separate civilian from the military. Your chain has a right to know if you are physically or mentally capable of carrying out your duties or if you are a danger to your unit. The military has its own regulations on the treatment of medical records. You have every right to visit the IG and explain what your issues are but be advised that you had better have witnesses and/or documentation relating to your complaint. Command should not be freely discussing your medical history in an unofficial environment. Leaders should know better.

Response by SFC Robert Walton made Apr 25 at 2022 9:57 AM

2022-04-25T09:57:28-04:00

OMG really?
Your being Medically Boarded. The Chain of Command is in the Loop no matter what title you want to put on it. I would say there is more to this story than we are reading here.
But for the sake of the system my advice to you is to tread lightly and let your CoC do there collective Jobs you will find your Med board goes faster. FYI your CoC provides information that is important to your Med Board and the results. If you kick them out of the loop Then your support Group/COC can be more of a hinderance rather than assistance During the process. Unless your providing information that is not factually correct then i see no problem with them being involved. According to what you have typed here you have several profiles, THE COC ALREADY KNOWS! quit stirring the stink pot. At this point if i was in your COC i would be more than happy to get you all the assistance you need to go home, You're only slowing the process. JMTC

Response by 1SG Private RallyPoint Member made Apr 26 at 2022 5:49 PM

2022-04-26T17:49:01-04:00

There is a mitary command exception to HIPPA. Covered entities may disclose protected health information to a Commander that exercises authority over a sService member, or another person designated by the Commander (1SG, PL, PSG) to allow then to determine a number of relevant things - like fitness for duty, fitness for certain assignments or any other activity essential for a military mission. HIPPA was not violated in that call if there was a proper comman authority for the release of that information and it served a proper military purpose.

Response by PO2 Private RallyPoint Member made May 3 at 2022 12:28 AM

2022-05-03T00:28:38-04:00

Go. Leadership should lead and not be toxic.

Response by 1SG Ernest Stull made May 4 at 2022 7:40 AM

2022-05-04T07:40:39-04:00

HIPPA is mainly for civilian doctor /patient confidentially. When it comes to the Military you have a lot of different set of rules. Can you file a complaint, yes you can, you write your congressmen? You got a better chance. Pick your battle wisely. Your chain of command goes higher than your Rank.

Response by PO2 John Harker made May 4 at 2022 3:46 PM

2022-05-04T15:46:22-04:00

Gunny Pepper is mostly spot on, if a bit blunt and possibly arrogant (I'd still be honored to work with you, though, Gunny.)
I think you should take option 1. Keep your head down, do your job, and wait for the med board to finish. Most important, you have learned a hard lesson: your medical history is YOUR business only, no one else's. If you think this is bad, wait until a civilian employer finds out, they'll drop you like a hot potato and possibly work you over in the process. The typical response from a civilian employer when you invoke FMLA or ADA rights is to terminate your job even though it's clearly against the law. They won't just lie down and take static from you, they WILL call your bluff and force you to file a suit...if anyone will take your case.
If you followed instructions from TAP class and filed legitimate claims with the VA, that's definitely not malingering. Make sure you are honest with them, then you're good to go.
Your current chain of command will be out of your life soon. Buckle down, do your job, and separate when it's time.
Your chain of command has done you a favor causing a MINOR issue over your medical history, now you know why it's confidential.
Welcome aboard the USS Back Yard. Enjoy your cruise!

Response by CSM Joseph Sweeney made May 5 at 2022 12:41 AM

2022-05-05T00:41:09-04:00

Like others have said, utilizing the IG route isn’t going to accomplish what I think you’re desiring. If you’re at the Med Board process, I’m assuming that you’re separating - so my thought would be, what’s the use. If you need someone to talk to or talk with, I recommend a chaplain or a trusted leader within your unit. Keep your laundry within your house and all will be better for it. HOOAH?

Response by SPC Tamara Trammell made May 5 at 2022 1:07 AM

2022-05-05T01:07:15-04:00

1.) HIPAA isn't a military regulation, so you can't invoke it against your leadership.
2.) If you contact IG, the charge for a medical provider giving you information over the phone without confirming that everyone on your end of the phone has permission to hear that information is a mild reminder to ask if the patient is on speakerphone.
3.) Your PSG is basically a babysitter. If 1SG hears something from PSG, 1SG still needs to confirm it.
4.) If I was non-medical leadership and my soldier tried to play lawyer on matters they clearly don't understand, I'd probably start cussing too.

Response by PFC Jaymes Shrader made May 5 at 2022 5:21 AM

2022-05-05T05:21:54-04:00

I was in the right and you are all right about HIPAA not pertaining to leadership already identified that problem but the 1SG still gave an unlawful order which is currently being investigated by IG. This is no longer an issue seeing as it has moved onto a higher authority even IG told me I was right to come to them for that issue as well as some other issues that are also being investigated.

Response by SSG Pat O'Flaherty made May 5 at 2022 4:56 PM

2022-05-05T16:56:40-04:00

You are already on your way out the door so why would you make your life even more difficult? Sounds to me like you want some sort of revenge.

Response by Cpl Brad MarkW made May 6 at 2022 7:11 AM

2022-05-06T07:11:03-04:00

I gotta ask - because it seems like your only intention of joining the military was get a medical/disability related discharge out of the military.

A PFC with four different medical profiles? Four? I've heard of one, and sometimes after an injury even two. But four, for a junior enlisted? Going to Medical and collecting profiles must be a full-time job for you. Meaning, what do you do besides go to medical appointments? How did you make it through MEPS, Basic and MOS training with so many medical problems or conditions, or did you? Service members with even one permanent profile undergo a Medical Retention Board and Physical Evaluation Boards to determine fitness for further military duty. How did you get four profiles and still remain active? Or is this your first Medboard?

HIPAA regulations are not like your other civil rights, they only apply to healthcare employees or organizations, or contractors and vendors who need health care information (HCI) to do their jobs. Put simply, they have to protect your HCI and may not disclose it without your permission. That said, you absolutely had the right to tell the medical board on that call that your 1SG was listening in and you didn't approve. That's the first thing OIG will ask - did you tell anyone? No? Then you consented or this was not a knowing violation by them. Unaware violations are minor infractions and in the scheme of OIG investigations, probably rate too low on their matrix to even dedicate time with. They'll refer you to the DOJ's Office of Civil Rights where again, unless this is a case of repeated, unaware violations, the most they will do is note the office it came from in case there are other complaints.

Toxic Leadership and Intimidation accusations are largely subjective. Coming from a PFC with a record like yours, you'll need further examples. One anecdotal story isn't a pattern and that's what needs to be established.

Response by SFC Bob Coon made May 6 at 2022 11:09 AM

2022-05-06T11:09:33-04:00

Well if any one has ever attended a BN or BDE Command and Staff then you will know that every one on profile or going through a MEB/PEB or a MAR2 are all reviewed and discussed with a shit ton of other leadership listening. Hell the S1 clerk who sets up the slides probably may know more about the medical readiness of said Soldiers than there own chain of command and chain of concern!

Response by SFC Private RallyPoint Member made May 6 at 2022 6:29 PM

2022-05-06T18:29:28-04:00

PFC Jaymes Shrader ill leave you a link if you need to speak to someone who deals with this type of situation. They may not be in your area, but they can point you in the right direction.

https://cck-law.com/blog/medical-evaluation-board-meb-process-timeline/

The Medical Evaluation Board (MEB) Process and Timeline | CCK Law

Servicemembers who develop a condition that prevents them from performing their military duties may be referred to Medical Evaluation Board.

Response by SPC Michael Harmer made May 7 at 2022 8:40 AM

2022-05-07T08:40:08-04:00

Your a soldier, you took an oath and signed a contract that made you part of the Gov't 24/7 365 for the length of your enlistment. That contract gives your superiors the right to know anything and everything that will cause you not to be able to do your job. If you can't take it, GET OUT!!! Otherwise, suck it up and be a Soldier.

Response by SPC Henry Sproles made May 7 at 2022 7:50 PM

2022-05-07T19:50:29-04:00

You should have informed them of your appointments before they planned any type duty for in written from the health care provider

Response by PFC Kyle Runyan made May 7 at 2022 11:31 PM

2022-05-07T23:31:26-04:00

I just love when chain of command questions the validity of a Permanent Profile. There are soooooo many hoops to jump through to get one it’s unreal. First, your doctor (captain or above ) has to send you to a medical specialist. That specialist has to RECOMMEND a Permanent Profile and then send it to their Supervisor. To review the medical records and determine whether it is a legitimate issue. If not, it gets kicked back. If it is, it goes to another reviewer, usually an O-5 or above. My unit disregarded my Permanent Profile and sent me to the motor pool and continued to have me do heavy labor, even while I was crutches. Even after my medical file being reviewed by countless doctors and specialists, they thought I was faking it. My condition worsened and I ended up having to have surgery. The 1SG even tried to have me posted at the barracks 3 days post op surgery have me posted to the barracks during a 2 week field exercise to answer the radio from the field. I was to be on medical leave and recovery for 6 weeks. My ortho doctor (who was just promoted to O-5, Lt. Col) found out and went ballistic on the 1SG, Company Commander, battalion Sergeant Major and Battalion Commamder. As far as HIPPA goes, the medical staff has to knowingly release your information. Your Cdr and 1SG are not tied to HIPPA due to readiness. Now if he were to say call out in front of the company formation that your new nickname is “1 Nut Ned” due to testicular cancer, then that’s a different story and many other complaints. Be prepared to have every “shit detail” they can create thrown at you. They took 3 people with permanent profiles and cover CQ duties. 24 on, 24 off, and the third day come in 3x a day to relieve the CQ for meals and appointments then start the cycle over. It didn’t fly well with the Inspector General after 2 months and the program was shut down. Sent back to the motor pool and was ordered again to violate my profile. I refused and was told I couldn’t leave the motor pool until the tow chains from the 5-ton wreckers were drug across the motor pool and separated for accounting. I was on crutches at that time. He returned from lunch and it wasn’t done. He again said I wasn’t allowed to leave until it was done. I ended up re-injuring myself. My Lt. Col. ortho doctor tried to get me sent to a medical platoon after the constant abuse and they couldn’t get me in. Instead, he filed a complaint and the E-6 ended up getting busted to an E-5 for his treatment of me knowing I was on crutches and post-op surgery recovery and light duty. It’s going to be a process. Crap duty, accusations and no respect from your unit or platoon. Make sure to get copies of EVERY MEDICAL AND MENTAL HEALTH RECORD OF YOURS BEFORE YOU DISCHARGE! Records have a way of “Disappearing” and you have to have that for the VA Disability process. Do what you can to make yourself as useful as possible to your unit. Don’t screw off and follow your doctors orders to the letter. 13 herniated discs in my back and a hip replacement I can’t get because I’m overweight. Get as much done while in service as possible. Even see about a change in your Military Occupational Specialty if possible. Best of luck to you.

Response by MAJ Private RallyPoint Member made May 8 at 2022 5:39 PM

2022-05-08T17:39:30-04:00

You should file a complaint to the HiPPA/ Privacy Officer at the closest medical facility. If no resolve then IG they have no right to your private medical information unless need to know. Your commander will get your packet either way but not the 1SG. If he/ she had a problem have all your meetings face to face.

Response by CPT Private RallyPoint Member made May 8 at 2022 7:02 PM

2022-05-08T19:02:12-04:00

As a soldier, your medical readiness is a commanders right to know. Your HIPAA rights are suppressed as long as you wear the uniform of a soldier of the United States Army.

It would behoove you to polish up on your HIPAA law before attempting to call out your commander. I guarantee that they have talked to the BDE SJA at least a few times on what they can do before they confronted you…..

That being said, an IG complaint is simply a requirement for commanders to look into the situation. If it is directed to the company commander, the BN commander will be obligated to investigate it completely and report that they have looked into the matter.

Response by MSG Bob S made May 9 at 2022 8:03 AM

2022-05-09T08:03:22-04:00

Four permanent profiles? Oookay! That aside, your command and NCO support channel are all aware of you disposition. However, I have to ask how many of your fellow soldiers you’ve told about you ailments and you med board process? In my experience, soldiers that are as “broke” as you seem to tell everyone swinging richard that’ll give them a sympathetic ear.

Response by MAJ Private RallyPoint Member made May 9 at 2022 8:16 AM

2022-05-09T08:16:11-04:00

There’s a lot to unpack here so I’ll just make a few brief points.
1) As has been pointed out, you elected to hold a conversation with your health care provider in the presence of your leadership. That’s on you.
2) HIPAA applies to those in the health care field, and Commanders have limited rights to HIPAA protected information. Nobody else is legally bound by HIPAA. If your roommate tells the rest of the squad that you’ve got herpes he’s a jerk, but he didn’t violate HIPAA because he’s not bound by that law. The same goes for your NCOs.
3) Your profile(s) are not HIPAA privileged information. You should have a copy of your profile on you at all times to present to your leadership as justification for why you cannot do certain things. It’s your “doctor’s note”.

Response by Amn Shaun Young made May 9 at 2022 9:14 PM

2022-05-09T21:14:24-04:00

Based only on what you wrote, and not presuming facts you did not disclose, there is not a HIPAA violation.

Under same restrictions aforementioned, I do not believe your claim of intimidation has met the threshold aspect of your burden of proof.

I do believe, again based only on what you wrote, that you may have an EEOC Complaint for hostile work environment based on disability. Now before all you salty, old-heads chime in, the hostile work environment did not exist when I was in, but it does today.

But the real issue here 11B is did you feel intimidated? I can’t speak for you, only myself. This is a decision you need to make, and not be relying on a message board to help support your backbone.

If you decide to pursue it, be prepared for what lies ahead for you. You get what you ask for.

Response by MSgt Susan Colvin made May 24 at 2022 3:17 PM

2022-05-24T15:17:18-04:00

All your comnand needs to know is what they receive from your doctors. They dont get to see your medical record just a general summary of anything if it pertains to work. They should never be in a discussion with your doctor unless you agree to it. They can talk to your doctor but the doctor understands what they can say to them. It's best to keep comnand out of it. And deal with the doctor only. If needing off work for illness go through doctor. Why did your he insist on being their? You can go to IG if he gave you no choice. He should never insist on being part of that appointment. All the comnand needs to know is you are going through a medical board. They are normally pretty quick at their decision and the command will find out when the decision gets made. Period. If they try to insist on sitting in again refuse. You can go to IG but they will go back to command and commander will handle it. It's better to refuse in first place.

Response by SP5 Christopher Brock made Jul 27 at 2022 3:03 AM

2022-07-27T03:03:18-04:00

The only way they could violate HIPPA is they didn’t become certified, When I was in I was HIPPA Certified and I could look at all your profiles and medical to see if you in fact were lying and I made sure that my whole Command and NCO Support Channel were HIPPA Certified that way when people tried what your trying to do it got shut down quick

Response by MAJ John Lavin made Aug 20 at 2022 10:23 AM

2022-08-20T10:23:24-04:00

I have never seen so many completely self serving responses to any comment posted on and in this blog. I would suggest that all the posters who posted saying that a Commander and a NCO member of the Command Staff is free to comment to anyone and everyone about a Soldier's medical condition start investigating the 2019 DOD regulations regarding disclosure and discussion of Medical Information and Medical Board Information (just as an example - next time a Commander or an NCO member of the Command Staff feels like dissing a soldier because of a Medical Board Finding he or she should look at the nice little FOUO covers that hard copies of the Medical Board Reports are transferred in).

Now to PFC Jaymes Shrader - if you don't care much about how miserable your life will be until the Medical Board results become final, which could be a year from now, go to the IG. You do have an issue that might be subject to investigation by the IG if the IG is a stickler for investigating everything thrown on his or her desk that could or might or maybe could be investigated. Maybe, and in my opinion, the IG would find that the Commander violated FOUO information regulations and might put a letter in his or her 201 File that ends the career of that Commander, but don't bet the farm on this result. The same thing might happen to the NCO but usually it doesn't. A vast majority of IG's kind of use the old trick of sending down a IG Reprimand thru the Command Channel to the NCO reminding him or her that he or she has a responsibility to properly handle FOUO information. This is like putting a noose around someone's neck and have him or her stand on a shaky stool. It reminds him or her that the next time the stool will be kicked out and the NCO will suffer whatever he or she suffers all by their lonesome.

Instead of going to the IG, send in a letter thru command channels asking for a transfer out. If some NCO has a hard on for you (sorry female Soldiers I'n an old timer when this was a perfect permission able expression to use when discussing a situation like PFC SHrader finds himself in), it's time for you to diddy mou (look this one up - it is a perfect saying we Vietnam Vets use and used when discussing getting out of an impossible situation) from this unit. In your letter express the fact that you are being held to impossible levels of duty that you can't perform because of your current medical condition. It won't do you one bit of good to mention the NCO member of the command staff dissing you. Give examples in your letter of duties you can't perform because of your medical condition but are being asked to perform by your command staff. If your Commander and the NCO are the idiots they seem to be to me, a formal letter thru Command Channels will scare the hell out of them and will result in them, the command staff, doing everything they can to send you somewhere else.

By the way, this isn't some old guy shooting from the hip. I saw this kind of stuff go on in the US Army for 20 some years. I feel vou you, PFC Shrader. I was Medically Boarded out of the Army. So brace it up and do the right thing. Ask to get as far away as you can from this unit.

Response by PVT Mark Whitcomb made Aug 20 at 2022 1:30 PM

2022-08-20T13:30:59-04:00

I'm at a loss here. How is your chain of command gonna put you on any kind of light duty without knowing your limitations? The only way they could of heard the conversation is if it were on a speaker phone. Why did you not just use your cell phone to talk to the med board?? TELLING your Leadership what you want is not how you go about it. ASKING is the way you get things done. As a PFC TELLING superior ranks what he wants will only get you the response you got. They have served many more years than you and i can guarntee all you did was piss them off.

Response by CSM Private RallyPoint Member made Aug 20 at 2022 2:16 PM

2022-08-20T14:16:39-04:00

My question to you is how do you have four permanent profiles as a PFC? You have more profiles than most people with 30 plus years in the military.

Response by SSG Private RallyPoint Member made Aug 20 at 2022 7:30 PM

2022-08-20T19:30:30-04:00

Honestly your best bet is to just say rgr and move out, no command team will get investigated for this and IG at Campbell is useless.

It’s a shitty situation but it’ll be over soon, secondly your command team knows your profiles the command have to sign it or acknowledge it in the command medical portal.
Lastly if you have issues call your ombudsman if they continue to give you shit.

Response by SSG Private RallyPoint Member made Aug 20 at 2022 7:37 PM

2022-08-20T19:37:19-04:00

Dude you’re better off just saying rgr and move they have no say on the out come of your meb and it’s not worth the time, they won’t be investigated just a talking too from higher ups, maybe.

Steer the course and you’ll be out of that bs before you know it

Response by SGT Private RallyPoint Member made Aug 28 at 2022 12:20 PM

2022-08-28T12:20:50-04:00

Yes, please. The main reason why the Army is running out of soldiers is for the insensitivity, disrespect, and abuse of power from our so-called leaders. Yes, follow your complaint and make sure you are specific and right to the point.

A recommendation: If your complaint just gets swiped under the rug make sure you take it up a notch and make all of them famous. Unfortunately, there are not that many honest leaders today most of them are working on the same mission: "Cover-up" because makes us look bad! They don't realize they will look bad anyway doing the wrong thing.

Your rights have been violated, and you are a soldier and a human being, you matter. I am not surprised about the lack of Army Values and the absence of leadership, which is a plague all over the Army and does not distinguish echelons.

Best luck to you and keep moving forward.

Response by PFC Lacey Burke made Aug 28 at 2022 3:53 PM

2022-08-28T15:53:22-04:00

OK so first off, you don't want to cause trouble rn. They're already putting a target on your back.
Second the medical provider should have asked you who was in the room and if you consent for them to be present. Third nothing in your med board isn't known by your chain of command. Fourth if they were intimidating you into being present, you should have brought up the hippa concern before hand.

Response by PFC Kevin Lutz made Aug 29 at 2022 5:37 AM

2022-08-29T05:37:11-04:00

Sounds to me like you’re a whine little B. Hope you get a medical discharge so you can run to your mommies basement to find your safe space

Response by COL Brian Shea made Aug 29 at 2022 1:30 PM

2022-08-29T13:30:16-04:00

I didn't see where you mentioned who was calling. Seems like it might have been with the VA to support your claim for disability payments? I'm no expert on HIPAA but with four permanent profiles have to think the med board will release you from active duty. And also think your leadership needs to know about any limiting conditions you have so they don't assign you duties that could aggravate your condition or put others at risk. As for the IG, sure you can go to them for just about anything. But there's no guarantee they will find in your favor and may just decide in your command's favor, which may further complicate things for you. Only you can decide if whatever benefit you get from an IG complaint outweighs the risk of an adverse decision.

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Aug 29 at 2022 8:51 PM

2022-08-29T20:51:44-04:00

Go to the folks that are charge of where the infraction occurred. This help prevent future issues of this type.

Response by LTC Private RallyPoint Member made Oct 24 at 2022 8:17 AM

2022-10-24T08:17:31-04:00

Utilize all levels of command. IG can assist, but ultimately use your commander or higher.

Response by MAJ Jim Hollingsworth made Oct 24 at 2022 3:35 PM

2022-10-24T15:35:59-04:00

PFC, this issue is bigger than you so can it. Your Commander signs a Unit Readiness Report going to the Sec Def every month that gives the no-s*** bottom line on the unit's equiment, personnel, and training. Your status affects that bottom line. Your chain-of-command is not announcing your non-deployable status in formation. But they are discussing it behind closed doors because that's their job. Again, chill out.

Response by SSG Douglas Shaffer made Oct 26 at 2022 12:12 AM

2022-10-26T00:12:40-04:00

Wait you're on four permanent profiles, and your command is in the dark about your profiles, as to what they are? If you got injured under their command, they have to know to report the incidents if there is more than one, so for them to be sitting in on such an appointment is to insure everything is being reported properly and accurately. Now if the person on the other end of this appointment spouts off what you didn't want them to hear that is on them not your command. Now if the VA has approved your claims what of it? You will not be seeing the 1Sgt or the PSG for very long and done is done, unless you gave false information to the VA that you didn't want them to hear and now you are concerned your busted.

Response by SGT Erick Holmes made Oct 27 at 2022 9:55 AM

2022-10-27T09:55:06-04:00

First off before you even attempt to make the complaint make sure that you have your ducks, chickens pens and pencils lined up because once you make this complaint theres no turning back. It is a SERIOUS violation to mess with HIPPA and make claims that some has violated the use. If everything is in order and you have talked to the people that you need to talk and if they say gtg then have at it. I recommend not to make a complaint unless there is truth behind it and evidance. Not cause you don't like what this person did or say. Between UCMJ and State and Federal laws about HIPPA just you making the assumption that a person may possible violated something with go out in the world very fast. Talk to the people you need to talk to first. What we may think is a Hippa violation may not be one.

Response by CPL T.A. Nelson made Oct 30 at 2022 8:37 PM

2022-10-30T20:37:51-04:00

Go to chaplin and/or patient advocate. Before an IG will get involved you have to take it to someone who can step in and you need to ask for a transfer. Maybe, find the number for the med-hold unit; if there is one...

Response by 1stSgt Ronald Sheps made Nov 3 at 2022 9:39 AM

2022-11-03T09:39:39-04:00

Thin line between your HIPAA rights as a citizen and your HIPAA rights as a soldier. HIPAA laws were created to to protect your medical information from being shared with those you have not given permission to view it. And that permission must be in writing, by name. Your rights as a serving member of the military are codified under DoDM 6025.18.
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/602518p.pdf

There are indeed circumstances where the military command can supercede your HIPAA protection rights. You need to verify if that process was in fact implemented, and then decide from there how to proceed.

602518p.pdf

Response by SPC Peter R. made Nov 22 at 2022 10:51 PM

2022-11-22T22:51:21-05:00

who is starting and injecting these questions into military minds??? STOP

Response by SPC Peter R. made Nov 22 at 2022 10:53 PM

2022-11-22T22:53:59-05:00

going to sick call means your a dud. don't be a dud.

Response by SGT Gerald “Jerry” Harrell made Nov 24 at 2022 10:59 AM

2022-11-24T10:59:20-05:00

WOW! Strong opinions abound. I have a Mantra that has served me well…. “Don’t let the bastards beat you. “
Ask yourself what you hope to achieve by doing it. If you believe in it strongly…. Do it!
Whatever you do, do it because you feel strongly about it and not because anyone here told you to. Good Luck.

Response by SSgt Bruce Probert made Nov 27 at 2022 8:21 PM

2022-11-27T20:21:44-05:00

The vague narrative presented is insufficient to render judgement, on the surface it sounds like an effort to maximize benefits to me. It would also seem that the Young soldier is is not particularly valued by his unit and is a particularly nasty divorce in progress.

Response by COL John Hudson made Nov 28 at 2022 8:47 AM

2022-11-28T08:47:44-05:00

FROM THE IG DESK: During my 30-year Army Career, I accepted an Inspector General (IG) assignment and was trained at the IG Academy in Washington, D.C. I served in that role at both Battalion and Division levels, with our offices handling issues concerning virtually all levels of human interaction. My first question to ANY individual entering my office was, "Have you discussed your concern with your chain of command (COC)?" If "No" was the answer, I immediately referred the individual to do so as their concern, in most cases, could be handled and answered more quickly to their satisfaction. If the COC WAS the issue, our IG office would offer assistance to resolve the problem. Keep in mind IG's do NOT as a practice get involved in personal "peeves." Personality conflicts or anger at another for any reason is better handled by a COC. Be aware an IG office can and will accept input from anonymous callers or in writing, treating each as legitimate concerns. PLEASE READ AND FULLY UNDERSTAND THE FOLLOWING ARMY REGULATION DIRECTIVES:

FYI TO ALL SERVICE MEMBERS:

Army Regulation 20-1 - "All soldiers have the right to present complaints, grievances, or requests for assistance to the IG. These complaints or grievances may include what Soldiers reasonably believe to be evidence of fraud, waste and abuse. Department of the Army personnel are PROHIBITED from taking any action that restricts you from filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress. These same individuals are PROHIBITED from taking any disciplinary or adverse action against you for filing a complaint, seeking assistance, or cooperating with the IG or a Member of Congress, or any agency established to receive such complaints. However, if you LIE or knowingly make FALSE ALLEGATIONS to the IG, you will be subject to (UCMJ) disciplinary action." (Capitalization emphasis by me).

(A) An IG has a legal right to formally stand a service member at attention and initiate a 'Rights Statement' (UCMJ) to ensure that individual is truthful, if a situation calls for it (exceptions being the "anonymous" factor above). (B) A service member can NOT simply walk off the job to see an IG. Contact your local IG office and make an appointment).

"In accordance with AR 20-1, paragraph 1-12, the Inspector General has a duty to protect confidentiality to the maximum extent possible. This requirement to protect confidentiality is true for all persons who ask the Inspector General for help, make a complaint, contact or assist an Inspector General during an inspection or investigation, or otherwise interact with an Inspector General."

"If you believe that your local Inspector General's response to your concerns is not fair, complete, or in accordance with law or regulation - or if you believe that contacting your local Inspector General may jeopardize your interests - you may write to the Department of the Army Inspector General or the Inspector General, Department of Defense." (Addresses available at your local IG office as are their telephone numbers).

John C. Hudson
Colonel, Inspector General
USA (Ret)

Response by PO2 Mike Vignapiano made Dec 12 at 2022 9:14 AM

2022-12-12T09:14:35-05:00

You might be able to go because you were “cussed out & intimidated” but hopefully you have proof & a witness, otherwise it’s your word against his. But as far as HIPAA, I don’t think there’s a case but you can always ask if there was. I say that because it’s right to think the caller figured it was okay since you knew what the hearing was for & anyone sitting in was your representative.

Response by PVT Mark Whitcomb made Jan 2 at 2023 5:45 PM

2023-01-02T17:45:51-05:00

I'm a bit confused. You had a phone appointment with whom? If your going through the medboard they would have your progress so far would they not? As for "telling" your leadership. As a PFC you request not tell. To be honest I don't think this is a real situation.

Response by PO3 Pamala McBrayer made Jan 13 at 2023 10:38 AM

2023-01-13T10:38:17-05:00

Well facts are facts. Discussing a person’s medical limitations/profile in the context ofwork assignment or duty considerations is fair. However, using that information to demean, or punish, that is unprofessional. HIPPA for a sailor or soldier is LIMITED when capability and safety become issues.
. You be the professional person…do your job as best as you are able. Ignore asshats. I took my complaint back to base medical after being ordered into PT gear to be weighed and tape measured in front of my unit when I was 37 weeks pregnant. Someone decided it was funny to say “there she blows!” And another said “ where is my harpoon?”. It was upsetting. I cried about it later at home. I was embarrassed and felt ridiculed.
My husband basically went to the command and discussed this with the Command Master Chief. He agreed that it was a failure of leadership to allow such obnoxious behavior. I just did my job, but it sealed our decision for BOTH of us to leave the Navy and raise our children as civilians.

Response by SMSgt Guy Garfinkel made Feb 5 at 2023 9:30 AM

2023-02-05T09:30:06-05:00

Your First Sgt should be made aware of all medical conditions that can effect your ability to perform your duties. By attempting to hide any of those conditions makes is very questionable for those proper decisions to be made. The possibility of placing you in harms way or those with whom you work with can place other individuals at undue risk. As far as harassment and intimidation? Some supervisors may not be the best communicators. I am not sure that is up to the IG to handle. Perhaps your First Sgt's Commanding Officer should be brought into the conversation. It is called, the Chain Of Command. That should work better for you rather than going over an individuals heads and blind siding them with a situation that should be handled at a lower level.

Response by CWO3 Robert Fong made Feb 5 at 2023 7:09 PM

2023-02-05T19:09:14-05:00

Private, first of all HIPAA covers medical personnel only and the holders of your medical records. While "Top" can be criticized for lack of good leadership principles he cannot, in my personal opinion, be held to answer regarding HIPAA nor can your PSGT. Your goal is to medically retire from the Army so don't rock the boat to do so will cause it to capsize and sink.

Response by SGT Keith Smith made Feb 5 at 2023 8:34 PM

2023-02-05T20:34:37-05:00

My advice. Do not sweat it and do not let them get under your skin. A med board gets reported to the pentagon as an undeployable. As such the entire chain of command has to report to someone higher about your condition and how it is being resolved. Your slot is going to be needed to be filled so they will want to know when this can happen.
So about knowledge of your conditions. You do know that the VA reports back to your medical officer and this filters down to your commander and 1SG? Your commander recommended you for a med board off the advice of the medical officer so it would seem normal that he would want to keep track of your progress.
Not knowing anything about your commander, or your chain of concern, keep in mind an administrative discharge can null out a med board. So fly straight keep your bearing and do not let them get under your skin. Some think that they can save the government money by forcing you out with a less than honorable discharge. Just a caution like i said i know nothing of the unit.

Response by SFC Ernest Thurston made Feb 6 at 2023 2:46 PM

2023-02-06T14:46:57-05:00

Stop your sniveling! If you have four profiles then your condition is already a public record. Your 1SG and PSG didn't violate HIPAA by overhearing a phone conversation. They didn't take confidential medical information and share it with an unauthorized person. Why was the person on the other end of your call talking so loud that your PSG could hear it? Did you have the call on speaker? If you did then you gave up any expectation of privacy. Back when I was in as a leader I was expected to know everything about my troops. Privacy is one of the things you give up in the military. Leaders need to know what is going on with their subordinates unlike in the civilian world, secrets can get people killed in the military.

Response by CPL Perlina Herrera made Feb 6 at 2023 5:14 PM

2023-02-06T17:14:22-05:00

From what you described, it seems like you were being held hostage during your appt, which in the moment, must have felt at the very least awkward and you did not know how to react, or what to do. Maybe you felt like you were stripped from choice; and simply, you did what you were told to do. In hindsight, you ultimately did not have to take that call in their office, you could have openly explained how you felt to your provider over the phone, you could have explained the situation to the provider over the phone. Your appt is YOUR appt.

You did not have to consent to their presence during your appt.

What I've gathered from the other comments in this section, it seems like your commander and 1SG could have gathered this information about you anyways, after the matter, it did not give them the right to attend your appt.

Of course, we're only being told pieces of this incident, and just from one perspective. Hopefully this will get people to research what confidential information they are allowed to, or not to, disclose. And hopefully this discussion can proactively come up with the correct responses to this situation, and more importantly, how to avoid something like this from happening again.

Response by Sgt Nicolas Schockett made Feb 7 at 2023 10:22 AM

2023-02-07T10:22:48-05:00

Only medical professionals can violate HIPAA. Your command has a right to know certain things. Another kid who has never deployed, never did anything in the military and getting VA compensation because they have mental issues

Response by SSG(P) Private RallyPoint Member made Feb 9 at 2023 12:21 AM

2023-02-09T00:21:03-05:00

You realize that this is the shitty end of the stick for you, right

Response by SFC Clifford Brewer made Feb 10 at 2023 11:01 AM

2023-02-10T11:01:00-05:00

Sound to me you are trying to be slick willie and hide medical issues your Command already know and or they will be informed after the fact. I can’t remember my entire career a soldier having 4 permanent profiles. With claimed sound the CMDR and 1SGT kick your 4pt contact (ass). With 4 permanent profiles can you fulfill your army duties? Also sound like you just got in the service and trying to wimp out of perform your duties..

Response by SPC Julio R. made Mar 19 at 2023 5:45 PM

2023-03-19T17:45:13-04:00

Don't listen to these ncos and officers shitting all over your question. They feel like they have to pull rank via a question. Ncos an officers like this are the ones that want you to thank them for there service.
They can kiss your med board a*s. I hate when blue falcons pull rank. They can take that rank that they love to abuse and stick it were the sun Don't shine.

You coc definitely pulled rank an sht there pants when told them that your conditions are none of their business but then again it is.

Do yourself a favor an have your apps away from the company for its not their business. Only your immediate coc. Go talk to your med board lawyer an tell them what happened when they pulled intimation card. My co (which was new to me) doodooed his pants when i informed gim all he had to do was sign the pprwrk. He proceeded to pull rank and advice me that he is the cpt and that it's his company and he will do what he wants. I looked at first srnt an he was like my hands are tied.

Ok so i went to the lawyer told him i got ranked pulled on me for a simple signature suffice it to say my pprwrk was signed by eob. Joke was on him they were trying to hard to chapter me for not makimg weight that week, all the while i was 6 months into my med board.

Just dont make any more waves let them clowns fall all over themselves while you just get your pprwrk in order f them. An for you clowns spare me the professional bs because yall are thee least of the word.
Good luck

Response by Sgt Phil Millard made Mar 21 at 2023 2:11 PM

2023-03-21T14:11:36-04:00

I wish people would quit thinking they are covered by the HIPAA Laws, WE are not, except in a very narrow window. HIPAA only applies to what they call "covered entities", entities NOT covered by HIPAA are Life Insurers, Employers, Workers Compensation Carriers most schools and school districts, Law Enforcement Agencies, Municipal offices, and many State Agencies.
Basically HIPAA covers how your health information, billing, etc., is transmitted, stored and shared between COVERED entities. The Army being your employer is exempted from HIPAA rules.

Response by GySgt Marc Dickerson made Mar 21 at 2023 4:16 PM

2023-03-21T16:16:37-04:00

Quit your crying, little child. It's obvious you're a whiney littler turd that has no business in a man's military. Just go AWOL and run home to mommy.

Response by MSgt Keith Morreira made Mar 22 at 2023 11:22 PM

2023-03-22T23:22:27-04:00

Commanders are allowed to review and have access to your medical profiles.

Let the med board complete the process. Separate and go your separate ways.

Response by SGT Patrick Moore made Mar 24 at 2023 4:58 PM

2023-03-24T16:58:32-04:00

There are a lot of misconceptions about HIPAA and the military. There is a "command exception" clause as big as an Abrams tank built in to the law. The premise is that a commander has the right to know about health issues affecting those in their command. Among the things the commander can use the information for is to determine fitness for duty, fitness for a particular assignment, or mission fitness, overall. It doesn't mean that the commander has full access to one's medical record, only the minimum amount of information required to maintain mission readiness. In addition, the commander can only share their information with those with a legitimate need to know, such as those in the soldier's direct chain of command, and even then, they can't go around publicizing it either.

On the other hand, if a soldier poses a serious risk to themselves, to others, or the mission, then the commander is required to be informed. The commander must also be informed if, for instance, a soldier is admitted to the hospital, to a substance abuse program, or any other acute condition (physical or mental) affecting duty fitness. Having someone on duty who has significant physical or mental issues can put others -- and themselves -- at serious risk.

Response by PO1 Chris Marshall made Mar 26 at 2023 8:15 AM

2023-03-26T08:15:00-04:00

I wrote the IG on a more serious mater and was written back to either write the White House or take my complaint to the patient advocate and let the local VA facility handle the problem. I can't do either and the IG knows that. The White City VA killed a veteran who died of a blood clot that they caused by neglect and poor patient care. So write them to see Your HIPAA is more important than a death of a Veteran

Response by SGT Juan Robledo made May 1 at 2023 4:24 PM

2023-05-01T16:24:55-04:00

Good luck with your complaint, I’m sure it will only keep the spotlight on you, if you’re that injured and have these ailments, then you and your primary provider should have discussed this prior to you speaking in a room that barely keeps anyone from listening or eavesdropping on your conversation, you should’ve stepped out to your car to discuss anything you had wished to keep private, but you didn’t do that, the cats out of bag dude, next time use COMMON SENSE

Response by CPO Christian Simonsen made May 3 at 2023 11:53 AM

2023-05-03T11:53:27-04:00

You should like a real loser. Do us all a favor and go AWOL.

Response by SPC Alex Snow made May 3 at 2023 3:26 PM

2023-05-03T15:26:09-04:00

Yes, but for reprisal. You file official complaints about HIPAA elsewhere. Google HIPAA complaints. It's an annoyance, but can be done online. ANYTHING that comes of this, can be connected to the information. Your command cannot just listen in. They can know you're being chaptered, but they need to know WHY unless it's breaking the law. Reprisal, HIPAA, and use the open door policy. Garrison. Be open and tell them what happened. Make them shit their fucking pants.

Response by MAJ James Rip made May 4 at 2023 3:04 PM

2023-05-04T15:04:51-04:00

Yes, I would contact the IG and file a complaint. However, first you need to realize that IG doesn't work for you but the command. Understanding that first, I had a pervious supervisor years ago that demanded to know what all my medical appointments were for. I had an brief conversation with the deputy after that and the cajoling ended. What I told the deputy was that if it happened again I was going to file an IG complaint for a potential HIPPA violation. I already called IG and advised them of the situation, so they were aware of the issue.

The command does have a right to know that you are seeing a provider, when your appointments are, and what your overall combat readiness is. However, they are not your medical provider and it is none of their business to know what you are being seen for, medical issues, medical advice or anything else that pertain to what is in your medical file.

If an IG does not solve the issue, then contact your congressional representative. Write a detailed letter describing all the pertinent details: dates (data and time), who (perpetrators, witnesses, what they said, what they did, and leaders involved), what happened, where did it happen, when - date, perhaps why or what for.

The congressional complaint will end all the mess, and probably get those abusing their rank and abusing you either reprimanded or relieved - provided there is merit to your complaint. At the very least, it will cause so much attention on your out processing that it will be under a microscope for all to see.

Regardless, the reasons the leaders are doing that is because they are bad leaders, and they believe they can get away with it.

I initially enlisted, became NCO in 24 months of service, and then several years later went to OCS. I retired out of the Army as a MAJ. I ultimately served in one peace keeping operation and went to war three times as a combat leader. I have had bad soldiers. There were times I wasn't pleasant to them, but I did treat them fairly. Part of the NCO Creed is all soldier are entitled to outstanding leadership.

Response by MAJ James Rip made May 4 at 2023 3:07 PM

2023-05-04T15:07:38-04:00

Yes, file an IG complaint. If they don't behave after that file a congressional complaint and include all the details who said it, who did it, where it was said or done, why you think they did it - your opinion, the date and time of incident, and what was said and/or done.

Response by SSG Lj Corley made May 5 at 2023 5:37 PM

2023-05-05T17:37:45-04:00

Give me a break, grow up.

Response by 1SG Private RallyPoint Member made May 8 at 2023 5:07 PM

2023-05-08T17:07:49-04:00

Try your chain of commanders first

Response by SGT Erick Holmes made Jun 23 at 2023 8:28 AM

2023-06-23T08:28:12-04:00

Make sure your ducks and chickens are dress right dress before you go down that road. If its a violation then go for it. If there is a hint of possibility that there isnt a violation STOP and readdress

Response by COL Jean (John) F. B. made Jun 25 at 2023 8:34 AM

2023-06-25T08:34:33-04:00

Your chain of command has the duty and obligation to know about any medical conditions you may have, as it impacts your personal and unit readiness and ability to accomplish the mission. Having said that, they should not share that information with anybody who has no need to know about it.
To answer your question directly, you can go to the IG about anything you want to. The IG can investigate your complaint and present his/her findings to your commander, who can choose what to do about it, if anything. The IG has no authority to tel a commander what he/she must do.
A previous comment in this thread had some good advice. Just cool your heels, keep your nose clean, don’t make waves, and leave the service. Making a big stink over nothing will only serve to make your remaining time in the service untenable and could actually result in delaying your discharge.

Response by PO2 Stephen Brownell made Jun 26 at 2023 8:25 PM

2023-06-26T20:25:49-04:00

You don't have any grounds to go after the IG,.If you had it on a military base you have no hippa rights on the base ,except for medical.

Response by Christina Thundathil made Jun 27 at 2023 1:56 AM

2023-06-27T01:56:53-04:00

I am telling you from experience you would loose. Don’t. Your command has no duty to be quiet

Response by PO2 Christopher Foss made Jun 27 at 2023 12:58 PM

2023-06-27T12:58:03-04:00

Old sailor (who used to be married to a Legal Yeoman, was HIPAA certified, etc) here, so your mileage may vary.

Your Command has a right to know, but, in the Navy, that is the Medical and Executive departments. That is not some senior non-comm that invited themself to your medical appointment. Whether it was a telecom or an in person appointment, they abused their seniority by intimidating their way into the appointment. Information of that nature flows through official channels, which means from the top down. That is both for their safety and yours.

I have to agree that HIPAA was not violated because the breach, if there is determined to be one, was by your Command, not by the medical staff And HIPAA only applies to the medicos.

You Always have a right to Legal Counsel, but you may not have easy access to Counsel as you would be accusing your Command of infractions. That would mean that you would need to speak with an Officer outside of your Command. That said, the military is required to provide you with access to that Counsel, which means, if you need to see someone outside your Command, your Command is required to support that with Travel and/or Transportation.

While I disagree with GySgt Kenneth Pepper in most of his post, his final points do have some merit in that you will be making your life more difficult. That said, if your post is accurate, the SFC has violated military law and needs to be held account.

Response by SSG Bill McCoy made Jun 27 at 2023 2:03 PM

2023-06-27T14:03:25-04:00

My youngest son, a SSG and three-tour Combat Infantryman went through similar BS with his last unit at Ft. Lewis. It got to the point where he and another soldier, both injured in combat, were publicly ridiculed and given extra duties - BN SDNCO in my son's case. In fact, my son was ordered to drive back and forth from his off-base quarters. At the time, there was NO NCO quarters at Ft. Lewis. During that, he was on prescribed narcotic meds that clearly stated, "Do not operate a motor vehicle or heavy equipment."
Ultimately, his CO and 1SG reported him to CID for "Malingering." When CID reviewed his case, and spoke to his full Colonel neurologist, the agent called his unit and threatened THEM with charges. That's the (very) short version.
Even his BN SGM forced him to take PT ... actually had him walk the track while the unit did PT; despite his Med Profile severely limiting even walking, AND no riding in ANY tactical vehicles because of a severe back injury.. A half-lap and he collapsed with back spasms and had to be taken by ambulance to Madigan Hospital where the doctors were appalled.
Ultimately, his unit was forced to back-off and my son was Honorably Discharged with full VA Disability. He wrote the Dept of the Army IG and "reportedly," his CO and 1SG were relieved. I say reportedly because he was told that, AFTER he was discharged by one of his NCO buddies, and the other soldier still waiting for his Med Board determination.
In your case, it depends if the medical provider was informed if there were others present. If so, and if you did not voice that you didn't want the present, you have no complaint. Even if you did, it would've been incumbent on the medical person to avoid disclosing private medical info. I would simply abide by whatever Medical Profile you have, and carry-on and keep a low profile. From what you've stated though (limited details), it doesn't seem like you have much of a case.

Response by LTC John Wilson made Jul 27 at 2023 7:16 AM

2023-07-27T07:16:05-04:00

Typically, Company and Battalion leadership are required to undergo HIPAA training in order to access MedPros in order to monitor the medical deplorability status of their Soldiers. Understanding your physical condition for duty, in my estimation falls under that umbrella.

If you are concerned regarding the legality of having your leadership present at these appointments, I'd advise you to discuss the matter with your supporting Judge Advocate General (JAG) office for legal advice and clarity as to what your leadership can and cannot do, what your rights are, etc.. Ensure you relay all the facts bearing on the matter to the legal advisor.

Response by SPC Private RallyPoint Member made Sep 30 at 2023 4:17 PM

2023-09-30T16:17:15-04:00

Yes, absolutely, only your COMMANDER, has the right to ask you anything medically, or the Chaplin.

Response by SGT David Tennien made Sep 30 at 2023 10:07 PM

2023-09-30T22:07:25-04:00

You do that they are going to shove it up your ass with a romantic candle

Response by PO3 Robert Nunes made Oct 1 at 2023 10:17 AM

2023-10-01T10:17:59-04:00

Sorry but you're going to be told that this is just part of modern day living. Attempting to swim up stream never ends well for the swimmer. Just face fact, it's not your command that did you wrong. Pull your socks up and get on with your LIFE!

Response by SFC Arthur Marcussen made Oct 1 at 2023 9:33 PM

2023-10-01T21:33:26-04:00

Just communicate with your chain of command. Don't become a pain. Just because your on a med board doesn't mean you still aren't a soldier. Your a PFC but apparently your maybe 1 year in the Army has injured you so badly that you need 4 profiles.
Maybe stop your wining. Maybe your 1SG knows a few things and can advise you. Go see VA disability representatives on base. Get everything done while your still in because after you get out VA is crazy slow. Don't get kicked out for.UCMJ due to your poor attitude. That won't help your benefits!!!! Play the game or the Army will give you the big green weenie!!!

Response by MSG Rick Vanwhy made Oct 4 at 2023 7:44 AM

2023-10-04T07:44:05-04:00

Actually yes you can it is your right to have them there or not just because they are your leadership does give them the right to hear all of that, that being said going to the IG will do you no good because unless it is something major they will just tell your leadership why you were there, it is the officer thing they take care of there own, and on the NCO side they will do what they are told anymore and protect their career, there is that chance that you will find that NCO that does care about about a Soldier not in their charge and help him and advise you but good luck

Response by A1C Riley Scott made Nov 25 at 2023 10:44 PM

2023-11-25T22:44:56-05:00

What is the big deal of someone finding out some medical issue you have. My self I don’t care if someone published my medical on the front page of a newspaper it would not concern me..

Response by 1SG Rene Davis made Dec 10 at 2023 6:00 PM

2023-12-10T18:00:26-05:00

In my opinion, you should have been discharged way before a medical board.