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4. Disagreements
Contact your servicing judge advocate immediately if there is a disagreement regarding the release of PHI. Servicing judge advocates can serve as intermediaries between commanders and the military treatment providers in such situations.
F. Warrior Transition Units
Due to the unique nature of a Warrior Transition Unit, WTU commanders typically have access to a Soldier’s PHI without requiring patient authorization. Warrior Transition Unit commanders should contact their servicing judge advocate regarding HIPAA-related questions.
G. Additional Commander Responsibilities
1. Safeguarding PHI
Once medical information is released from the MTF to a commander, it is no longer covered by HIPAA. However, commanders have an important responsibility to safeguard the information received and limit any further disclosure in accordance with the Privacy Act and other applicable rules and regulations. Commanders have the same duty as healthcare providers to safeguard PHI. Information provided shall be restricted to personnel with a specific need to know that is, access to the information must be necessary for the conduct of official duties. Unauthorized release of PHI not only potentially increases stigma and creates barriers to care, but also exposes the commander, the command, and the Department of the Army to the consequences of a Privacy Act violation. Commanders with questions about the further use of PHI should contact their servicing judge advocate.
2. Reduce the Stigma of Mental Health Treatment
It is DoD policy that the DoD shall foster a culture of support in the provisions of mental healthcare and voluntarily sought substance abuse and education to military personnel in order to dispel the stigma of seeking mental healthcare and/or substance misuse education services. Commanders must reduce stigma through positive regard for those who seek mental health assistance in order to restore and maintain their mission readiness, just as they would view someone seeking treatment for any other medical issue.

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