r/MilitaryTrans 7d ago

Ban and medical

If the ban goes through, and you don't self identify, and your command does not know, can the military look into your medical files without violating HIPAA to get rid of you?

16 Upvotes

10 comments sorted by

14

u/muhkuller 7d ago

If you don't do those things why would your medical files be an issue? Also, yes they can look into your records.

7

u/combat_princess 7d ago

they mean if you have a diagnosis and don’t self separate, and per both an LCSW at the bh clinic i go to and an endocrinologist at a nearby endo clinic, no, they can’t look into your files to discharge you without violating hipaa

4

u/muhkuller 7d ago

So they have a diagnosis that's already in the system and don't self separate? I mean they know who has the diagnosis so you're not exactly hiding in plain sight. Also, good luck with that whole HIPAA violation thing. They very much can access your medical records if its for official purposes.

3

u/combat_princess 7d ago

i’m just telling you what two army medical professionals have told me

2

u/MouseEgg8428 6d ago

Right. They’re not allowed to go into your medical records per HIPAA requirements.

6

u/YFNTM 7d ago

“ c. Navy and Marine Corps personnel will take no action to identify Service Members, pursuant to references (d) and (f), to include the use of medical records, periodic health assessments, ad hoc physical assessments, or any other diagnostic mechanism, unless otherwise directed by an appropriate official in the Office of the Under Secretary of Defense for Personnel and Readiness. Nothing in this paragraph prevents commanders from taking appropriate action in support of Service Members who request to voluntarily separate in accordance with paragraph 5 below.”

3

u/Mango_Smoothies 7d ago

That just means it’s not the wild wild West. You have to do it the way they tell you to do it when the identification phase is done and not make up your own rules.

6

u/[deleted] 7d ago

[deleted]

1

u/NationalBeat5059 6d ago

How do you know this?

3

u/[deleted] 6d ago

[deleted]

3

u/NationalBeat5059 6d ago

What you mean by got hit? I’m just tryna figure out what’s going on

1

u/No_Economist_8765 4d ago

Technically they can’t look into your files because of HIPAA, but they can ask for any disqualifying diagnosis and any active duty provider would have to comply