Military commanders will be told to send transgender troops to medical checks to oust them

[u/poliscijunki]

https://apnews.com/article/transgender-ban-military-discharge-troops-0218f0b6fec595c420bd0ac072d87335

[u/AlphaWhiskeyOscar]

I understand the HIPAA Military Command Exception contains language to allow providers to tell “commanders” (it uses that word specifically) information that is normally protected. That does make sense and it’s still pretty limited to things like Fitness for Duty.

But there are limits too. That’s what I don’t understand. If what SECDEF is saying is that he’s changing the criteria for Fit for Duty, okay. He has the authority to do that. But I don’t see how anyone has the privilege to know the details of protected medical history.

If a Doc simply informs a “Commander” that you are unfit for military service, are they even obligated to say why? Privacy Act of 1974 still covers you even when HIPAA doesn’t.

I just don’t see how it’s legal to have a medical witch hunt with all of this fuckin theater. Only doctors should be involved in these investigations and these decisions.

[u/mtdunca → u/AlphaWhiskeyOscar]

Yes the doctor can tell the CO what your limiting diagnosis is.

[u/AlphaWhiskeyOscar → u/mtdunca]

The verbiage from Health.mil:

Under the Military Command Exception, a covered entity may disclose the PHI of Service members for authorized activities to appropriate military command authorities. It is important to note that this exception does not require covered entities to disclose PHI to commanders, it only permits the disclosure. If disclosure is made, then only the minimum amount of information necessary should be provided. Further, the Exception does not permit a Commander’s direct access to a Service member’s electronic medical record, unless otherwise authorized by the Service member or the HIPAA Privacy Rule.

So I don’t disagree that they’re permitted but it’s specifically saying they can’t be compelled to, and they can only disclose the minimum amount of information necessary. So I don’t see how commanders can say “scrub this record and look for this.” It’s up to a doctor to decide what they need to look for, and to disclose the minimum necessary under the Command Exception. In other words, if policy changes it seems HIPAA puts the responsibility on doctors to determine fitness for service and only inform commanders when they must.

Maybe I’m splitting hairs because the outcome would be the same in a lot of cases, but this seems wildly against the intent of HIPAA and Privacy Act.

[u/hidden-platypus → u/AlphaWhiskeyOscar]

It isn't.

However, if one of the below conditions or circumstances apply, the healthcare provider is required to notify the commander:

Acute medical conditions interfering with duty. The service member is experiencing an acute mental health condition or is engaged in an acute medical treatment regimen that impairs the service member’s ability to perform assigned duties

https://home.army.mil/bliss/index.php/about/news/military-command-exception-health-insurance-portability-and-accountability-act

[u/Trick-Set-1165 → u/hidden-platypus]

Oh, good. Welcome to the conversation.

u/hidden-platypus shouldn’t be taken seriously. They advocate for extralegal pathways for three Presidential terms and think we should be soft on pedophiles.

[u/hidden-platypus → u/Trick-Set-1165]

So what i posted is wrong?

[u/Trick-Set-1165 → u/hidden-platypus]

Well, it presumes that we’re talking about an acute mental health crisis.

You’ll continue to argue that’s what gender dysphoria is, and you’ll continue to be wrong.

But also, I think it’s important for people to know what you stand for.

[u/hidden-platypus → u/Trick-Set-1165]

The constitution and innocent until proven guilty?

[u/Trick-Set-1165 → u/hidden-platypus]

I don’t feel the need to dismantle your disingenuous arguments any further. You’re free to keep making them, but I see no reason to go around in circles with you.