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  1. #1
    Join Date
    Oct 2013
    Posts
    2

    Default Incorrect Statements on Medical Records Could Affect Military Service

    Hi,

    I don't no where else to ask these questions. Here are two similarly separate things.

    I enlisted in the military a few months back and I'm leaving for boot in a couple months. After enlisting, I was curious to know what was on my medical records. The military drills it into your brain that if they find any pre-existing issues without full disclosure, you will be kicked out, imprisoned, and fined for fraudulent enlistment. Once I received my medical records I was/am outraged to see that under "patient history", it states that I'm a "recovering cocaine addict". This is absolutely not true. I have never used cocaine in my entire life and I have even passed several law enforcement backgrounds with hair samples being taken. I have zero idea of how this even got on my medical records. I went through the hand written process to have this removed and just received a letter back. A doctor I saw twice about 9 years ago says that I "reported it to him at my visit". (I did not care for this doctor and changed to a new doctor after my 2nd visit) What he noted is either an outright lie or he has no idea why he noted it and it was a mistake. Is there some type of violation here or is it my word against the doctors? The reason being, if this is not completely removed from my medical records, this could result in a dishonorable discharge from the military and my career would be over. Having a dishonorable discharge would ruin me for any future jobs requiring a background check. I feel that this doctor should be held accountable for his mistake and this especially being that this could destroy my lively-hood to care for my family. What can I do? Is there legal action I can take?

    I also found another upsetting note under my "patient history". I'm apparently diagnosed with a mental disorder that I'm not aware that I have. I also did the whole hand written statement to get this removed and in the same notice I received as above, the same doctor I saw 2 times over 9 years ago states that he consulted with the psych department and this diagnosis had been noted. Again, I don't know where this came from. I went to 2 counseling sessions about 6 years ago (3 years after he stopped being my doctor) and we discussed some possibilities of me having an issue, but I was never diagnosed. Is this a HIPAA violation by the doctor and psych department?? He hadn't been my doctor in 9 years and just now pulls my psych records to basically cover his back-side. It was to my understanding from the psych department that they will not release my information to anybody, this includes my medical doctor without my direct consent. Again, this could cause major issues for the military if this is not removed. I know this is not a HIPAA website, but this seems to put me in a bad way, which I feel is not my fault. Is there any legal action I can take??

    I know most of this is a "could" situation, but I cannot take the risk. Even if I wasn't concerned with this military, mistakes by a doctor(s) have been made and I don't want these things to bit me on the butt if my medical records are pulled.

    Any help you could provide would be much appreciated.

    Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Incorrect Statements on Medical Records That Could Affect Military Service

    Legally the record cannot be removed; it can be amended by either the patient or the physician, just not entirely removed.

    HIPAA doesn't enter the equation at all.

    - - - Updated - - -

    ETA: You haven't even been to boot camp yet - you're not going to be DD'd.

  3. #3
    Join Date
    Oct 2013
    Posts
    2

    Default Re: Incorrect Statements on Medical Records That Could Affect Military Service

    Dogmatique - Thank you for the information. I was unaware that it could not be completely removed. As far as the DD, I meant as in after boot and into my career. I should have worded that better.

  4. #4
    Join Date
    Oct 2013
    Posts
    101

    Default Re: Incorrect Statements on Medical Records That Could Affect Military Service

    Mick- This isn't a HIPAA violation but HIPAA does enter the equation in that it gives you the right to correct your records (and I highly advise you do so ASAP) and grants further recourse if your request is denied. HIPAA takes incorrect records seriously and recognizes your right to accurate record keeping.

    http://www.hhs.gov/ocr/privacy/hipaa...ion.pdf‎

    CORRECTION AND THE HIPAA PRIVACY RULE
    The Privacy Rule provides individuals with the right to have their protected health information (PHI) amended in a manner that is fully consistent with the Correction Principle in the Privacy and Security Framework. See 45 C.F.R. § 164.526. Both the Privacy Rule and the Correction Principle recognize that individuals have a critical stake in the accuracy of their individually identifiable health information and play an important role in ensuring the integrity of that data. Under the Privacy Rule, individuals have the right to have a covered entity amend their PHI in a designated record set, as defined in § 164.501, for as long as the entity maintains the records. The covered entity must act timely, usually within 60 days, to correct the record as requested by the individual or to notify the individual the request is denied. When a correction is made, the covered entity must make reasonable efforts to see that the corrected information is provided generally to its business associates, such as a health information organization (HIO), and others who are known to have the PHI that was amended.
    A covered entity may deny a requested amendment if it determines that the information is complete and accurate, and on limited other grounds. When a request is denied, but the individual continues to dispute the accuracy of the information, the individual must be provided an opportunity to file a statement of disagreement with the covered entity and the covered entity must provide documentation of the dispute with any subsequent disclosure of the disputed PHI.
    Good luck and thank you for your service. And please get that info corrected ASAP

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Incorrect Statements on Medical Records That Could Affect Military Service

    there could be a HIPAA violation in the psych entity releasing any records to the doctor of concern. You would have to review your records with the psych entity to determine what, if any HIPAA release you signed allowing the psych entity to release records and to whom. With that, if there was a HIPAA violation, your rights are generally limited to filing a complaint with the US dept of Health and Human Services. Here is the site for that:

    http://www.hhs.gov/ocr/privacy/hipaa/complaints/

    You also need to realize that what, if any, actions against the violator are under the control of the US dept of HHS and will have no direct effect on you. The dept of HHS can take action up to a criminal action against the violator but it does not do anything specifically for you or your situation.

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