Question about MEPS and medical records and confidentiality.

[jcj]

Unless they have a reason to access medical files, medical personnel and recruiters or accident investigators I presume among others, they don't just let anyone look at personal medical files in the military.

Privacy and security of Protected Health Information is a really big deal in both the military and civilian health care community these days.

In fact, although HIPAA is mostly an administrative and civil law, it has a criminal component. Persons who access protected heath information without a proper reason can (and have been) prosecuted. There was a high profile case in my hometown where a physician and two hospital employees snooped into the medical records of a TV anchor who had been severely beaten and was hospitalized (they were not involved in her care). They were caught, prosecuted and pled guilty to federal misdemeanors. They escaped jail time, but had to pay a fine and do community service, and now have lifelong federal criminal records.

Here is another HIPAA prosecution - this guy actually had to do some time http://www.inforisktoday.com/blogs/court-clarifies-hipaas-criminal-rules-p-1274.

Note that these folks got in trouble just for snooping. None of them tried to sell or take advantage of the info, which would get them in even more trouble.

All health care personnel (military and civilian) are extensively trained in HIPAA requirements these days. I won't tell you that snooping doesn't happen, but I think it's uncommon. But on the other hand know that anyone involved in health care has access to your protected health information to the extent needed to do their job. And there are special military considerations in the article I posted earlier.

 

[BusyBee604]

My question is how confidential are your medical records in the NAVY? I ask because at meps during physical we were required to have a physical done by the doctors there and disclose our medical history on paper.

Skittle986, given the serious security concerns being encountered with the ongoing implementation of the ACA (ObamaCare), I offer that your medical/health information will be far and away, more secure in the military, than it would be if you remained a civilian!
BzB

 

[skittle986]

Privacy and security of Protected Health Information is a really big deal in both the military and civilian health care community these days.

In fact, although HIPAA is mostly an administrative and civil law, it has a criminal component. Persons who access protected heath information without a proper reason can (and have been) prosecuted. There was a high profile case in my hometown where a physician and two hospital employees snooped into the medical records of a TV anchor who had been severely beaten and was hospitalized (they were not involved in her care). They were caught, prosecuted and pled guilty to federal misdemeanors. They escaped jail time, but had to pay a fine and do community service, and now have lifelong federal criminal records.

Here is another HIPAA prosecution - this guy actually had to do some time http://www.inforisktoday.com/blogs/court-clarifies-hipaas-criminal-rules-p-1274.

Note that these folks got in trouble just for snooping. None of them tried to sell or take advantage of the info, which would get them in even more trouble.

All health care personnel (military and civilian) are extensively trained in HIPAA requirements these days. I won't tell you that snooping doesn't happen, but I think it's uncommon. But on the other hand know that anyone involved in health care has access to your protected health information to the extent needed to do their job. And there are special military considerations in the article I posted earlier.

Wow! Just from looking? Thank you, The information you gave us very informative!

 

[skittle986]

Skittle986, given the serious security concerns being encountered with the ongoing implementation of the ACA (ObamaCare), I offer that your medical/health information will be far and away, more secure in the military, than it would be if you remained a civilian!
BzB

Thats great news, even though I have nothing to hide, but I hope the girl whom I was referring to earlier finds the same information. It would be a shame to not join under false assumptions.

 

[TimeBomb]

Skittle986,
The Department of Defense privacy policy is DODI 6085.18R. The section that address military members' records is in section C7. C7 describes situations in which permission to access medical records is not required. Section C7.11 deals with members of the armed forces. In summary, your privacy rights as a military member are significantly different than those in the civilian medical system. Anyone in the military command authority, or their designate, that has reason to evaluate your fitness for duty has the right to access your medical records (both civilian and military) without your permission, or without notifying you.

HIPAA still applies for those without the "need to know", so staff simply can't troll through the stacks of medical records looking for something interesting. However, your CO, Navy Personnel Command, or a lot of other people can legally peruse your records without your permission or even your knowledge. That is a big shock for a lot of people, including the lawyers in the military treatment facilities and civilian hospitals where you might receive treatment.

Bottom line, if that degree of access is something you can't live with, you're probably better off somewhere else.
R/

 

[skittle986]

Skittle986,
The Department of Defense privacy policy is DODI 6085.18R. The section that address military members' records is in section C7. C7 describes situations in which permission to access medical records is not required. Section C7.11 deals with members of the armed forces. In summary, your privacy rights as a military member are significantly different than those in the civilian medical system. Anyone in the military command authority, or their designate, that has reason to evaluate your fitness for duty has the right to access your medical records (both civilian and military) without your permission, or without notifying you.

HIPAA still applies for those without the "need to know", so staff simply can't troll through the stacks of medical records looking for something interesting. However, your CO, Navy Personnel Command, or a lot of other people can legally peruse your records without your permission or even your knowledge. That is a big shock for a lot of people, including the lawyers in the military treatment facilities and civilian hospitals where you might receive treatment.

Bottom line, if that degree of access is something you can't live with, you're probably better off somewhere else.
R/

Thank you for your response.
The information you gave was very informative as I did not know that many people within the navy can access records without permission. my reason for asking had nothing to do with me or my concerns but had to do with another person whom I was with at MEPS who was concerned sbout it, so I thought I would ask since I didn't know. But personally I don't have a problem

 

[TimeBomb]

Skittle986,
I understand, but circumstances change in everyone's life. I spent 20 years as a Navy doc before I learned how porous the medical record is for active duty members.
R/

 

[skittle986]

Skittle986,
I understand, but circumstances change in everyone's life. I spent 20 years as a Navy doc before I learned how porous the medical record is for active duty members.
R/

Wow! 20 yrs? I know you learned a lot!

 

[jcj]

Wow! 20 yrs? I know you learned a lot!

And to add to the good advice Time Bomb has given you, also know that in the civilian HIPAA world there are many other ways your PHI can (and must be) be legally disclosed. I just mentioned the common ones. law enforcement or judicial agencies can get to the PHI with an investigative letter or a subpoena. And in the civilian world depending on what you do there is all kinds of access to some, if not all of your PHI. As a surgeon I have to convince every two years the authorities at the hospitals where I work that I am healthy enough to continue doing surgery. Aviators (civilian and military) do the same, as well as many other high reliability organizations. The leadership of many civilian organizations have an interest in knowing the state of your health if you are a senior executive or the like. But it's a price you pay - as you move into positions of greater trust, responsibility and reliability to society, the more often you'll have someone keeping track of various parts of your health to confirm that you're safe to (whatever you're going to do). It's life in the big city. But HIPAA does have a bite (criminal prosecution) for 'snooping" as i referenced earlier.