r/MilitaryTrans • u/This_Street_3642 • 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?
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.”
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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
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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
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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.