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My husbands Col. wants to talk to my doctors to validate my…

My husbands Col. wants...

My husbands Col. wants to talk to my doctors to validate my illness. I am uncomfortable with this for a lot of reasons however he says my husband can't come home unless the call is made. My doctor says it's against hospital policy due to HIPPA Violations

Lawyer's Assistant: Are you overseas or stateside?

I"m stateside my husband is deployed to South Korea

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes. That's how it got to this point the col refuses to let him come home without my doctor calling. My doctor refuses to violate hospital and hippa laws.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can the Col. even ask to speak with my doctor since I am a civilian or if so can he with hold my husband coming home because my doctor won't talk to the col. okay

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Answered in 3 minutes by:
3/8/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

This is a tough situation. The Col can't force the doctor to speak to him. That being said, the Col doesn't have to allow your husband to come home. Therefore, the Col can ask for more information and one way that he can obtain that information is to be permitted to speak to the doctor.

You don't have to let him. The choice is yours. But you do have to remember that him allowing your husband to come home is discretionary, so that choice is his.

The hospital is right that it would violate HIPAA for them to speak to the Col without your permission. it is not a HIPAA violation though for him to ask to speak with them or to require a release before he is willing to allow your husband to return home.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now

I saw that you rated my service as "ok." I can certainly understand that I did not give you the answer that you were hoping for.

I was anticipating follow up questions, which were invited, but I didn't see any.

Your husband can certainly approach the Col and ask what else he/she would accept to allow him to return home, to include some more complete documentation from the hospital without your having to grant a release. If the Col isn't going to allow it though, regrettably there is little that can be done. Your husband could attempt an IG complaint or go over the Col's head to the next level of command, but because allowing someone to return from from an assignment is discretionary, neither would be very successful. I do wish I could tell you differently.

Take care.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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