Understanding the Military Command Exception and HIPAA: Guidelines for Disclosure of Protected Health Information

Sometimes we as personnel think that commanders should not have access to soldiers, um, medical data, um, because it violates HIPPA. That’s what some people think. However, let’s get into it right now. So there is an exception, and it is covered at the help.mil website. And it says, HIPPA permits protected health information Phi of armed force personnel to be disclosed under specific circumstances. Commonly referred to as the military command exception. Covered entities, such as military treatment facilities, may disclose Phi of Armed forces personnel to command authorities for authorized activities. Continues to say that these activities include fitness for duty determination, fitness to perform particular assignment, or other activities necessary for the military mission. All right, it says, P H I. Disclosed to military command authorities, while no longer subject to HIPPA, remains protected under the Privacy Act of seven. Excuse me, 1974. Now, let’s get into the mental health portion of it. It says, mental health and or substance abuse disclosures. It says, the department of defense supports the provision of mental health care and voluntarily seeks substance abuse education to armed forces personnel while maintaining a balance between patient confidentiality rights and command notification. Therefore, covered entities are not permitted to notify a service member’s commander when the member obtains these services unless. Unless certain conditions are met, such as displaying a serious risk of harm to self, others, or the mission. And it continues, it says, medical appointment reminders. Commanders may require notification of Medical appointments for armed forces personnel for mission purposes such as assignment coverage, medical appointment notification include treatment reminders such as physicals, immunizations, labs, etc. And missed and cancelled appointments. So, you know, when. When they tell you, hey, you gotta do your, um, your medical readiness, hey, that. That’s covered in that, right? Hey, you miss these appointments. Hey, listen, you can’t be missing all these appointments because, you know, whatever the case may be, but it’s covering that as well. Okay? So now let’s talk about non military providers. It says the above guidance may be relied upon by covered entities outside of the DOD, such as non governmental hospitals and other private healthcare providers and health plans. So I have more information for you. Um, DHA Privacy and Civil Liberties Office have this document that kind of gives you a lot of information, and I’ll read it for you. Just portions of it are the most important part that we need to get into. It says mental health and or substance abuse. To dispel stigma around service members seeking mental health, uh, care or Voluntary Substance Misuse Education. DOD I. DOD Instructions, uh, 6 4, 9 0, point zero eight was issued to balance patients confidentiality rights with the commander’s need to make informed operational and risk management decisions. It says, DOD healthcare provider shall not notify the service member’s commander when the member obtains mental health care and or substance abuse education services unless. And we Read about that already. Unless one of the following conditions or circumstances apply. If they apply, then disclosure is required. Alright, so listen to these circumstances. Alright, cause we read some already. But this gets into a little bit more detail. It says harm to self there is a serious risk of self harm by the member. Next. Harm to others there is a serious risk of harm to others. This includes any disclosure concerning child abuse or domestic violence. Harm to mission there is a serious risk of harm to a specific military mission at special personnel. It says the member is in a personal reliability program or has mission responsibilities of such potential, sensitivity or urgency that normal notification standards would significantly risk mission accomplishment. Next. In patient care the member is admitted or discharged from any inpatient mental health or substance abuse treatment facility. Acute medical conditions interfering with duty. The member is experiencing an acute mental health condition or is engaged in an acute mental treatment regimen that impairs the member’s ability to perform assigned duties. Next. 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 abuse. Next, command directed mental health evaluation the mental health services are obtained as a result of a command directed mental health evaluation. And finally, other special circumstances. The notification is based on other special circumstances in which proper execution of military mission Outweighs the interests served by avoiding notification. As determined on a case by case basis by a covered entity. Says if one of these circumstances or conditions apply. I read nine of them to you. If one of those apply, then DOD Instructions 6 4 9 0.08 makes the disclosure to the commander permitted and required. Okay, so I’ll tell you guys, please, before we assume that everything is covered by HIPAA, there are rules. Yes, there are rules, and then there are exceptions to the rules. Right. So, yes, commanders can require certain information if one of these circumstances exist. And they need to know that information about you if one of those circumstances exist. Okay. Hopefully this helps someone. Have a good night.