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Military Medical Record Regulations

Many military medical records are contained in an electronic format implemented by the U.S. Department of Defense (DoD). Although electronic health records offer many benefits, their use also raises privacy concerns for many military members and their families. The privacy of military medical records is protected by the DoD and the departments of Health and Human Services (HHS) and Veterans Affairs (VA).

  1. Health Insurance Portability and Accountability Act

    • The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides privacy protections for certain electronic health information, including military health records. Under HIPAA, health care providers and other entities that process electronic health information are required to protect this information from disclosure. HIPAA contains exceptions for military health records, including allowing commanding officers to view military medical records when necessary for mission completion.

    Department of Defense Health Information Privacy Regulation

    • The DoD regulation, issued in 2003, relates to privacy information contained in DoD health-care programs and applies to all entities within the Department of Defense. The regulation may place additional privacy requirements beyond those found in HIPAA. It prohibits certain medical information from being used for benefit determinations or providing access to classified information or retention in the military. Medical privacy of military health records applies to beneficiaries who are living U.S. citizens or current alien residents. Disclosure of personal health information is generally prohibited without the written consent of the patient. However, disclosure may be made in certain instances such as patient directories that provide limited information concerning patients who are receiving treatment, sharing information with others involved in the treatment of the patient and information used in emergency situations; patients may object to this disclosure. Disclosure may be made without the patient’s consent in certain instances such as when required by law, for public health reasons, in cases of abuse and neglect and for judicial or administrative proceedings.

    Unified Electronic Military Health Records

    • Under the current system, separate military health records are maintained by the Department of Veterans Affairs and the Department of Defense. The Obama administration wants to implement a unified electronic military health record system of the two agencies. Under the proposed system, military medical record information will be contained in a single electronic record beginning with date of enlistment and continuing after discharge from the military. The proposed system aims to reduce delays in medical treatment found in the current system. The new system would allow military health care providers to more easily monitor health trends and prescription drug interactions.

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