Return to Table of Contents

Return to Table of Contents

255
44
Command Access to Soldiers Protected
Health Information (HIPAA)
A. References
• DoD 6025.18, Implementation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in DoD Health Care programs, 13 March 2019
• DoD Instruction 6490.04, Mental Health Evaluations of Members of the Military Services March 2013
• DoD Instruction 6490.08, Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members, 17 August 2011
• DoD Instruction 6490.10, Continuity of Behavioral Health Care for Transferring and Transitioning Service Members , 26 March 2012
• Army Regulation 40-66, Medical Record Administration and Healthcare Documentation,
RAR 4 January 2010
• MEDCOM Regulation 40-38, Commander-Directed Mental Health Evaluations,
21 September 2011
B. Overview
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule requires everyone in the Military Health System to safeguard and keep confidential a patient’s health information. Healthcare information is confidential and will not be released to third parties without either an authorization from the patient or an exception to HIPAA. However, HIPAA provides a limited exception for access to Protected Health Information (PHI) for command officials when the patient is a Soldier.
C. Command Access to Protected Health Information
(PHI) – The Military Command Exception”
1. Communication is Key
The key to success with HIPAA and medical information-related issues is good communication between the command, the healthcare provider, the military treatment facility (MTF), and the servicing judge advocates.

Download 4.49 Mb.

Share with your friends: