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can my leadership

can my leadership check the...

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

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Answered in 18 minutes by:
8/1/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,427
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,

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?
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Customer reply replied 4 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
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,427
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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