Can the military see your medical records?
When it comes to serving in the military, there are many questions on the minds of potential and current servicemembers, including one that is shrouded in mystery and concern: Can the military see my medical records? In this article, we will dive into the subject and explore the answers and implications for those who answer the call to serve our country.
What military medical records are available for review?
The U.S. military maintains accurate and complete medical records, which include information on health conditions, medical treatments, diagnoses, medications, and inoculations received during service (DoD Instruction 6045.12). The military’s centralized medical record system, DMDC (Defense Manpower Data Center), houses personal medical data, including laboratory results, radiology, and therapy records [1].
Where are medical records stored, and how are they processed?
Medical records in the military are typically held at Military Treatment Facilities (MTFs) where servicemembers receive health care services. MTFs also maintain digital images of X-rays, films, and other medical radiology exams [1].
Can the military access and review your private medical records?
The straightforward answer is yes. The military reserves the right to access private medical records as permitted by Title 50, US Code, Chapter 37, Section 111. This mandate allows for the review and disclosure of medical records deemed necessary for military purposes or to provide medical care for the patient [1]. However, limitations apply; the military usually requires an Authorization Statement signed by the serviced member (or legal representatives) granting permission for reviewing medical records [3].
When must the military access medical records?
The military usually accesses medical records under several circumstances, including:
- Pre-Boarding Screenings: Candidates for enlistment undergo detailed medical screening to identify service-connected injuries or health impairments. This evaluation reveals any pre-existing health conditions, which can directly impact fitness for duty[1].
- Deployment Readiness: Commanders and flight surgeons evaluate medical records as part of the deployment pre-screening process to prevent potential harm to the health and safety of the team [2].
Exceptions and limitations apply
Although the military primarily has unrestricted access to most medical records, there are notable exceptions and restrictions in place to minimize privacy breaches:
- Health Insurance Portability and Accountability Act (HIPAA): As authorized by HIPAA Title II, Subtitle E, Sec. 133, some medical records classified as protected health information can be safeguarded from government access. Specific requests or judicial orders are required under HIPAA to disclose health information without consent [4].
- Redacted information: In rare cases, health records deemed sensitive or stigmatizing (e.g., mental health, addiction, or terminal illnesses) may be either partially redacted or removed in their entirety to shield the servicemember or their privacy [6].
- Service members’ Bill of Rights: The military allows servicemembers to consent to treatment, and even prohibit access to medical records for confidentiality or legal reasons Title 10, US Code, Section 104.
What about former military members?
Similar rules and regulations apply when it comes to former service members, with a caveat: the military maintains strict confidentiality protocols for records created during an individual’s lifetime (DoD Manual 1338.08).
How long do military medical records exist?
The military Retains Medical Records for _minimum 30 to 60 years _after an individual’s official separation date [9], although this term may be extended in accordance with various regulations, agency policies, or individual unit requirements. After official separation, records may no longer be updated, limiting their continued relevance (DoD Instruction 3020.26)
Summary and Takeaway
To summarize, can the military see your medical records? Yes. With some exceptions based on federal laws and Department of Defense regulations, there are limits to how records are used and accessed [11]. Notably:
- Mandatory screenings are sometimes required
- Deployment readiness evaluations necessitate medical records review
- Service members’ Bil of Rights guarantees consensual medical treatment and can limit record access
- Protected health information is safeguarded under HIPAA
- Sensitive/ stigmatizing records receive redactions or removal
- Former service members’ records are subject to confidentiality guidelines
- Medical records retention varies between agencies and institutions
Understanding medical record confidentiality and accessibility has significant implications for servicemembers. It is paramount to grasp the scope, limitations, and nuances before joining or continuing service within the United States military.
Recommendations: Service members
- Educate yourself on military policies and procedures regarding medical record access
- Inquire about specific records to be used for pre-boading screening or deployment purpose
- Discuss protected health information with healthcare provider
- Request that sensitive/ stigmatizing records receive redactions/redaction upon separation
When it comes to medical privacy, trust, and cooperation, military personnel are faced with critical decisions regarding informed consent. By being proactively informed, service members can exercise their rights [14] while addressing the vital need for securing their private medical records to ensure comprehensive care and accountability.
References:
[5] https://www.tma.com.au/About-TMA-Care/Medical-Ethics/Privacy-Assurance.html
[7] DoD Instructions 6045.12: https://www.etoxo.com/mhr/what-is-mha/
[8] [9] https://fedsmith.com/2022/06/07/update-on-pending-retail– employee-privacy-petitions/
[13] DoD Regulations: https://www.cdsehq.army.mil/about/health-benefits/medicalRecords.html
