Legal Question in Military Law in California

Doctor-Patient Privilege

I would like to know if this type of privacy extends in the military as well. I know that it exists in the civilian sector to protect the patients; however do military active duty personnel have the same privilege to keep all of their medical records confidential, to include health, psychological, etc. When a military personnel see a medical officer, does his or her medical information get forwarded to their command? If so, what law allows that? If not, what laws protects that? Thanks.


Asked on 11/29/04, 11:38 pm

2 Answers from Attorneys
Not Available

Re: Doctor-Patient Privilege

Generally speaking, military rules of evidence do not provide for a physician-patient privilege. That is a military physician is free to testify about you just like any other witness called at a court-martial or other military forum. There is however a limited privilege for patients and mental health providers.

Gaglionelaw.com

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Answered on 11/30/04, 1:14 pm
Philip D. Cave Military Law & Justice

Re: Doctor-Patient Privilege

HIPPA applies to military medical records. WHich means they are privileged.

CAUTION. Your commander and CID/OSI/NCIS can get access under certain circumstances.

Also, there is a procedure for a command directed psychiatric evaluation. That is covered by the "Boxer Amendment," and again a commander can get access.

Sincerely, www.court-martial.com

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Answered on 11/30/04, 12:47 am


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