Medical records...

Cj4n

Registered Member
#1
Not sure if this is the correct posting for this to go under or not.
I do not understand how a SM is suppose to be able to accurately show proof of issues when they aren’t allowed to access their medical records until AFTER they’re out completely. I am helping my husband and we were told gather your proof and we try and he was told sorry when going through the MEB process you cannot have access. So all we have is what we can see on TRIcare online which gives vague dx (and we’ve learned sometimes for nothing related to what he was seen for-possible clerical error), no access to AHLTA notes where the drs enter their information related to the entire visit. We have read through the NARSUM and know there are visits with information to support the claim as I try to keep track of visit/dates and reason. Thankfully legal accessed some of it to send with the IMR but we were told if they reject the IMR then basically once he is out we can just appeal through the VA. This seems like a silly game that they can stretch out for a looooooong time making people hunt it down after the fact to prove an injury/illness. I understand why soldiers get very frustrated if they don’t have someone helping them or have any idea where to look. It makes me want to leave my amazing job of full time at home mom to help these SM’s get what they deserve. Super frustrating
 

euphonix

PEB Forum Veteran
Registered Member
#2
Who told you that you aren’t allowed to access medical records until you are out? HIPPA gives you a right to get copies of all of your medical records as well as the right to view the originals at the providers office. To get copies you need to submit a DD form 2870 to the military treatment facility holding the records.
 

Cj4n

Registered Member
#3
Who told you that you aren’t allowed to access medical records until you are out? HIPPA gives you a right to get copies of all of your medical records as well as the right to view the originals at the providers office. To get copies you need to submit a DD form 2870 to the military treatment facility holding the records.
My husband went in and filled out the form to request records and they said sorry not when going through the med board process, we can’t even give you specific date visits -nothing at all! We then mentioned it to his PEBLO, she also said nope not until you are out now and then we’ll give you a CD with all your records on it. I worked in the medical field for years (health insurance side) and was completely shocked to hear it and thought he was misunderstanding until I asked his PEBLO about it and she said again today ‘nope, not until he is completely out’.
 

gsfowler

Staff Member
PEB Forum Veteran
#4
That is not accurate.

I got a copy of every single AHLTA note (to include any document scanned into HAIMS) 10 days after each appointment I attended. Quite often during the IDES process you will see a network provider outside of the military treatment facility, you should go to them to get the notes 10 days later, make a copy for yourself and take the original to correspondence to get scanned into HAIMS.


It is best if the service member makes the request rather than the spouse.
 

Cj4n

Registered Member
#6
Hmmm well this is frustrating! His IMR was rejected so legal is filing an appeal but he has no way of helping with anything for review as he gets shut out every where he asks and gets told each time ‘you’ll get a cd of all your medical records from while in service once you are out’.
 

euphonix

PEB Forum Veteran
Registered Member
#7
I’m not sure which branch your husband is in, but in the Air Force, AFI 41-210 states “5.4.8. MTF personnel must establish procedures to provide beneficiaries copies of their medical documentation from their electronic record when requested.”

5.3.1. Patients have the right, under HIPAA, to access their health records and request amendment if they think the documentation is in error.

While this is Air Force i’m sure the other branches have similer regulations. Below is the link to the AFI. Page 207 lists the regs regarding medical records for the Army and Navy.

http://static.e-publishing.af.mil/production/1/af_sg/publication/afi41-210/afi41-210.pdf
 

poohbear331

PEB Forum Veteran
Registered Member
#9
that is messed up-
If I was him I'd be asking to talk to someone higher than the person at the desk.
AR 40-66
2–3. Release of information when the patient consents to disclosure
a. Requests from patients. If a patient requests information from his or her medical record or copies of documents in
the record, the information or a copy of the record will be provided to the patient within 30 working days.
(1) Any request from a patient for disclosure of information or documents from his or her own medical record must
be in writing. The patient may complete DD Form 2870 (Authorization for Disclosure of Medical or Dental Information);
if the form is not available to the patient, he or she may submit a letter detailing the request for information or
documents. This form is available at the Department of Defense Forms Management Program Web site (www.dtic.mil/
whs/directives/infomgt/forms/formsprogram.htm). If the patient is requesting information from his or her own record or
a document from that record, the patient is not required to disclose the use of medical information. Accordingly, that
part of DD Form 2870 need not be completed by a patient who is requesting information or documents from his or her
own record.

that is straight out of the regulation
 
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