Does the privacy rule cover uses and disclosures for military purposes?
HIPAA Weekly Advisor, November 22, 2002
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Q: Does the privacy rule cover uses and disclosures for military purposes?
A: Covered entities do not need authorization to use or disclose PHI of individuals who are armed forces personnel for activities deemed necessary by appropriate military command authorities to ensure the proper execution of the military mission. However, the appropriate military authority must publish the following information in the Federal Register:
- Appropriate military command authorities
- The purposes for which the PHI may be used or disclosed
Covered entities that are a component of the Departments of Defense or Transportation do not need authorization to disclose the PHI of a member of the armed forces to the Department of Veterans Affairs to determine the individual's eligibility for benefits when the individual is leaving military service.
The privacy rules apply to veterans just as all other individuals except that a covered entity that is a component of the Department of Veterans Affairs does not need authorization to use or disclose PHI to components of the department that determine eligibility for or provide benefits under the laws administered by the Secretary of Veterans Affairs.
Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP (http://www.bricker.com) and The Quality Management Consulting Group, Ltd. (http://www.qmcg.com). E-mail: mbaxter@bricker.com or gmcbeath@bricker.com.
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