I am in the US Army, I am an AH-64D pilot. I recently disclosed that I have been doing therapy off post and my flight

Expert's Assistant chat
Customer: I am in the US Army, I am an AH-64D pilot. I recently disclosed that I have been doing therapy off post and my flight doctor wants a copy of every note from every session. Do I have to provide that?
JA: Have you talked to a American lawyer about this?
Customer: Not yet
JA: What steps have you taken so far?
Customer: I have spoken to the aviation psychiatrist to see if that’s correct, she’s also an army doctor and she said I do need to provide it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that I can think of
Answered by P. Simmons in 5 mins 7 months ago
imglogo
P. Simmons
10+ years of experience
logo

67572 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
P. Simmons
logo
logo
67572 Satisfied customers
logo
10+ years of experience
imglogo
P. Simmons
10+ years of experience
logo

67572 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

P. Simmons, Expert

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

You may see an offer for a phone call. Understand that such marketing is sent automatically (I have no control over how this site markets). Feel free to ignore if you like. Or, if you prefer a phone call I am happy to speak on the phone.

Customer
Okay
img

P. Simmons, Expert

How are you paying for the care?  Are you using TRICARE? Or paying out of your pocket?

Customer
TRICARE is paying for it
img

P. Simmons, Expert

Thank you. A few minutes please, I have some thoughts and will type them up.

Customer
Okay
img

P. Simmons, Expert

Thank you for your patience.

If you refuse to handover these records then the army will simply have TRICARE release them to the army. There is an exception to the HIPAA law that provides military medical records that are paid for through TRICARE are to be made available to the commander of the individual.

The reason for this is straightforward: the military has a need to know regarding the medical conditions of soldiers within the military. So the army can see your records.

Since you used TRICARE to pay for the service the commander can easily get the records in question. Because of this, you may as well release them yourself. If you refuse then the commander can simply contact TRICARE and order TRICARE to release the records.

Please let me know if you have more questions. Happy to help if I can.

Customer
Is that only to commanders? My commander knew I was receiving treatment, the person requesting them is the flight Physicians assistant
img

P. Simmons, Expert

The commander is the one with the authority.  But the doc works for the commander...so the commander will order release of the documents.

Customer
she is entitled to all the notes taken during every session I've had, or a summary of care and a diagnosis?
img

P. Simmons, Expert

Yes. Your commander is entitled to know your medical history before they authorize you to pilot a military aircraft.

Customer
to which?
img

P. Simmons, Expert

Your medical records.

img

P. Simmons, Expert

The commander has the right to see your medical history when deciding if they will allow you to operate an aircraft.

Customer
I'm fine with them seeing my medical records, I'm saying, she wants every note taken during every counseling session I've done and I feel like they are very personal and don't want to disclose all that
img

P. Simmons, Expert

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can keep your medical history secrete and keep the clearance to fly but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

img

P. Simmons, Expert

Again, the Army (your commander and the doc) are entitled to the entire record.

img

P. Simmons, Expert

Counseling notes ARE medical records.

img

P. Simmons, Expert

Please let me know if you have more questions. Happy to help if I can.

img

P. Simmons, Expert

Thank you for using our site and for trusting me to answer your questions. If you have any follow-up questions, I am always here to answer them. You can always ask for “psimmons” in the future if you want to speak to me again. You are welcome to specifically request me if you have any future legal needs.

JustAnswer offers assistance in multiple areas in addition to Legal, such as Medical, Veterinary, Computers, Antiques, and more, so if you have any questions in the future in those areas, you can use JustAnswer obtain assistance from those Experts. Thank you for using the site and for trusting me to answer your question. me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com 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 as proposing specific action or addressing your 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 should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials 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.
Explore law categories
Powered by JustAnswer