Misc Pub 27-8 Legal Handbook Commander’s 2019
Common Uses of the The Military Command Exception to HIPAA
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ArmyDemLogProgramBriefing-Jan17
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- Return to Table of Contents 257 c. Report on casualties in any military operation.
| 3. Common Uses of the The Military Command Exception to HIPAA a. Determine a Soldier’s Fitness for Duty. A commander may obtain PHI to determine a Soldier’s fitness for duty, including, but not limited to, the member’s compliance with standards and activities carried out under the Army Body Composition Program (AR 600-9), Disability Evaluation for Retention, Retirement, or Separation (AR 635-40), or Standards of Medical Fitness (AR 40-501). b. Determine a Soldier’s fitness to perform a particular mission A commander may obtain PHI to determine a Soldier’s fitness to perform a particular mission, assignment, order, or duty, including compliance with any actions required as a precondition to performance of such mission, assignment, order, or duty. Common examples are profiles and notice that a Soldier is taking a particular medication that interferes with the performance of duty, such as driving or carrying a weapon. Return to Table of Contents 257 c. Report on casualties in any military operation. d. Carryout any other activity necessary to the proper execution of the mission of the Armed Forces. Common examples include: • To coordinate sick call, routine and emergency care, quarters, hospitalization, and care from civilian providers IAW Medical Record Administration and Healthcare Documentation (AR 40-66) and Patient Administration (AR 40-400); • To report command-directed mental health evaluations IAW Command-Directed Mental Health Evaluations (MEDCOM Regulation 40-38); • To initiate determinations and to assist investigating officers IAW, Line of Duty Policy, Procedures, and Investigations (AR 600-8-4); • Most medical appointment reminders concerning Soldiers maybe disclosed to Command Authorities (but see Section E below To report a Soldier’s dental classification IAW Medical Dental, and Veterinary Care (AR 40-3); • To carryout the Soldier Readiness Program and mobilization processing requirements IAW Personnel Processing Procedures (DA Pam 600-8-101); • To provide initial and followup reports IAW the Army Family Advocacy Program (AR 608-18); • To complete records IAW the Exceptional Family Member Program (AR 608-75); • IAW AR 15-6 investigations (but not including Quality Assurance information To review and report Human Immunodeficiency Virus (HIV) IAW Identification, Surveillance, and Administration of Personnel Infected with Human Immunodeficiency Virus (AR 600-110); • To carryout any other activity necessary to the proper execution of the mission of the Army. Download 4.49 Mb. Share with your friends:
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