How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19680
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Type Your Military Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

can my leadership

This answer was rated:

can my leadership check the hospital and see if my spouse was their like example I was out at the range and my wife went to the hospital because she thought she was going into labor but when I got to the hospital it was a fluke but they told my wife and I what was going on. Now my leadership is calling the hospital and seeing if she checked in and asking me all these question like her social security number for a ccr. Are they allowed to check my wife's medical record to see if she was truly their


Thank you for the information and your question, however, I need a bit more information from you in order to answer your question. Why exactly does the Command say they need to know this information? Is there an issue of UA or some implication of you in some sort of misconduct? If so, please be specific about what sort of misconduct they would be investigating. Was your wife in a military or civilian hospital?
Customer: replied 3 years ago.

A military hospital and because I left the field early and she called my work to say that she was going into labor which she didn't but she thought she was I don't believe that they can check on any records of my wife in the hospital

Hello again and thank you for your reply. Well there is a military exception to HIPAA (medical privacy rule) but it would only apply to information about you, not your wife. So, unless the Command has a release from your wife, they would have to have a search authorization (warrant) or subpeona (which could only be issued if there were a court-martial) to get this information. That said, if they are thinking of charging you with UA, or false official statement, or something else, you would want to get a release from your wife, if that information would help clear up the situation on your behalf.

Please feel free to ask any follow up questions that you might have. I would be glad to assist you further if I can.
Marsha411JD and other Military Law Specialists are ready to help you

Related Military Law Questions