Privacy Act - Getting out, military health issues - Navy Times

Privacy Act

As a rule, the services must comply with federal laws regarding the confidentiality of medical records. Under the Privacy Act, patients have the right to see and obtain a copy of their health care record.

But if a physician believes the record would harm the patient, the patient will be asked to name another physician to whom a copy of the record can be sent and from whom the patient can obtain the record. If that physician declines to provide the record, the military must take affirmative action to deliver the record to the patient.

Health information concerning a patient may be used for that patient’s treatment and other purposes as permitted under the medical privacy rule that implements the Health Insurance Portability and Accountability Act (HIPAA). These permitted uses are outlined in the Tricare Management Activity Notice of Privacy Practices found at each medical and dental facility.

Commanders may access service members’ health information when such access is necessary to accomplish the military mission.

Additional patient rights under that rule are contained in the same privacy practices notice. These include the right to request amendments to medical records and to request certain restrictions on permitted uses and disclosures of their records.

The services maintain an accounting of the disclosure of health records to others. This notation usually is logged into a person’s medical file or an electronic medical disclosure tracking tool. This enables patients to learn who, outside the medical community, has seen their health care information.

Patients may request an accounting of disclosures from their local treatment facility to gain this knowledge. The HIPAA Privacy Officer at each facility can provide additional information on HIPAA.