ASA DIX LEGAL BRIEF
A PREVENTIVE LAW SERVICE OF THE JOINT READINESS CENTER LEGAL SECTION
UNITED STATES ARMY SUPPORT ACTIVITY DIX
KEEPING YOU INFORMED ON YOUR PERSONAL LEGAL NEEDS
THE HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT
(HIPAA) PRIVACY RULE
In 1996, Congress enacted HIPAA to improve portability and continuity of health
insurance coverage, to combat waste, fraud and abuse in health care delivery, and to improve
access to long-term care services and coverage. HIPAA has several components. However, the
component most applicable to the military provides for increased privacy protection of protected
health information (PHI). Of note, military personnel are subject to UCMJ or administrative
actions for violating the privacy protections of HIPAA.
The general prohibition under HIPAA is that the PHI of individuals, living or deceased,
shall not be used or disclosed except for specifically permitted purposes. PHI is anything that
tells someone about the past, present, or future health of an individual; the provision of
healthcare to an individual; or the past, present or future payment for the provision of healthcare
to an individual. This includes the patient’s name, address, ZIP code, phone number, Social
Security number, gender, age, race, diagnosis information, and treatment information.
However, HIPAA allows PHI to be used freely for treatment, payment or routine
healthcare operations. If the release of information is not for one of these purposes, the medical
treatment facility (MTF) will either need the patient’s written authorization, or the disclosure
must fall into one of the permissible disclosures categories:
-- As required by any law (includes military and DOD Regulations)
-- To avert serious threats to health or safety
-- For specialized governmental functions. Generally, an MTF may use and disclose PHI
of armed forces personnel for activities deemed necessary by appropriate military
command authorities to assure the proper execution of the military mission, but the
military will have to account for the disclosure. This includes fitness for duty
determinations.
-- For judicial and administrative proceedings
-- For military law enforcement purposes
-- For organ, eye, or tissue donation purposes
-- Regarding victims of abuse, neglect or domestic violence
-- Regarding inmates in correctional institutions or in custody
-- For workers’ compensation cases
-- For public health and other oversight activities
-- About decedents (to a coroner or medical examiner to identify a deceased person,
determine a cause of death, or for other duties as authorized by law)
