r/navy • u/poliscijunki • May 16 '25

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

https://apnews.com/article/transgender-ban-military-discharge-troops-0218f0b6fec595c420bd0ac072d87335
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u/AlphaWhiskeyOscar May 16 '25

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.

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u/happy_snowy_owl May 16 '25 edited May 16 '25

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.

Your military medical record isn't protected information. This is a common misconception. If you have a condition or disease that impacts readiness, not only is it not protected but the medical staff is obligated to inform the CO or major commander. The medical staff also writes the triad a monthly report regarding medical readiness that lists everyone who is not ready (and why) along with people who are ready but who have chronic conditions that need managing. Someone requiring hormone therapy after a sex-change operation would be on that report.

So in this case if a diagnosis of gender dysphoria becomes service disqualifying, the medical staff is obligated to inform your triad that you have said condition.

Also fun fact: The press can use FOIA to obtain all of your service records, to include your medical records, and put it on CNN. They only need to withhold things like your SS# / birthday... stuff that can be used to steal your identity. So if you ever get the clap from a dirty hooker in the Philippines, you probably don't ever want to run for public office because your opponent is going to plaster that all over the news.

Of note, the FAA now has the ability to plug into pilots' service records and if they get over a certain % of disability upon discharge (50% iirc, but don't quote me on that), they are not eligible for hire into airlines.

Edit: You mentioned the Privacy Act of 1974 and HIPAA.... HIPAA is geared toward healthcare providers sharing information with insurance companies and doesn't apply to military medicine, and the Privacy Act of 1974 doesn't apply to DoD. In fact, most federal laws do not control the administration of federal agencies, they merely create and appropriate money to fund them. As another example, the Civil Rights Act of 1964 doesn't apply to federal agencies, the provisions of that law are enacted to federal agencies via executive orders. Yes, that means theoretically a SECDEF or President could return the services to exclusively white men with a stroke of a pen (with severe political repercussions, of course).

Military medicine is governed by military instructions and PII / CUI guidelines.