Medical privacy is not just a civilian concern. For active-duty service members, veterans, and military retirees, the confidentiality of medical information can have lasting consequences—legally, professionally, and personally. When that privacy is violated, the damage can be extensive. But what are your rights under HIPAA, and how do they apply within the military system?

This blog explores what military medical patients need to know about HIPAA (Health Insurance Portability and Accountability Act), the most common forms of privacy violations in military healthcare, and what legal options may be available if your rights have been breached.

Understanding HIPAA in the Military Context

HIPAA is a federal law that protects sensitive patient health information from being disclosed without the patient’s knowledge or consent. In the civilian world, this law is well-established. But within military healthcare, the rules are a bit more complex.

What Does HIPAA Cover?

HIPAA applies to all “covered entities,” including:

• Military hospitals and clinics 
• TRICARE-managed care programs 
• Civilian providers who serve military patients 
• VA medical centers 

The law protects what’s known as Protected Health Information (PHI), which includes:

• Diagnoses 
• Test results 
• Medical imaging 
• Prescriptions 
• Treatment records 
• Mental health documentation 

In most cases, this information cannot be shared without your explicit permission—except in specific circumstances related to military readiness or national security.

Exceptions to HIPAA in Military Service

HIPAA allows certain exceptions for active-duty service members. Under these exceptions, healthcare providers may share PHI without your consent if it’s deemed necessary for:

• Determining fitness for duty 
• Ensuring mission readiness 
• Facilitating military operations 
• Conducting command-directed medical evaluations 

This exception is known as the Military Command Exception, and it creates a unique legal landscape for service members. Unlike civilian patients, you may not have full control over who accesses your medical data—especially if your condition could affect deployment, security clearances, or performance.

Does HIPAA Still Apply at All?

Yes. Even with these exceptions, HIPAA still:

• Requires minimum necessary disclosure 
• Protects against unauthorized third-party access 
• Requires that records be secured and accessed only by authorized personnel 
• Imposes penalties for unauthorized disclosures unrelated to command or readiness 

In other words, military providers must still handle your information with care—even if they can legally share some of it under specific conditions.

Common Types of HIPAA Violations in Military and VA Healthcare

While HIPAA compliance is mandatory across all branches of military and VA healthcare, violations still occur. These may be due to carelessness, systemic failure, or intentional misconduct.

Examples of Military HIPAA Violations:

1. Sharing PHI with unauthorized command personnel
   Even within your unit, not every officer is entitled to access your medical file. 
2. Exposing mental health records without proper justification
   Many veterans discover that details from confidential counseling sessions were shared broadly without consent. 
3. Unsecured email or verbal disclosures
   Discussing your condition in public settings, or emailing your data without encryption, can be a breach. 
4. Failure to restrict access to electronic health records (EHR)
   If a provider leaves your record open on a shared screen, that’s a potential violation. 
5. Delayed or denied access to your own records
   HIPAA gives you the right to view your own health information. If that access is blocked, your rights may have been violated. 

Legal Options for Military Patients After a Privacy Violation

If your private medical information was disclosed improperly, there are potential legal pathways to hold the responsible parties accountable.

1. Filing a HIPAA Complaint

You can file a complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). This applies whether the violation occurred at a military facility, a VA hospital, or a civilian provider treating you under TRICARE.

• Complaints must be filed within 180 days of the violation. 
• You can submit them online, by mail, or email. 
• OCR may launch an investigation, especially for large-scale or repeated violations. 

Note: HIPAA itself does not grant you a private right to sue in federal court. But…

2. Filing a Claim Under the Federal Tort Claims Act (FTCA)

If the violation led to actual harm—such as job loss, emotional distress, or identity theft—you may be able to file a legal claim under the FTCA. This is especially applicable to military retirees or veterans whose PHI was mishandled by federal employees.

To qualify:

• The breach must have occurred at a federally operated facility (e.g., VA or military hospital). 
• You must show that negligence or misconduct caused measurable harm. 
• You must file a Standard Form 95 (SF-95) within two years of discovering the violation. 

3. State-Level Privacy Laws (For Civilian Providers)

If a TRICARE contractor or private medical office mishandled your records, state privacy laws may apply. Some states allow for civil lawsuits even when HIPAA does not. An attorney can advise whether your state grants a right to sue for breach of medical confidentiality.

Why Privacy Breaches Matter in Military Life

Medical privacy violations aren’t just technical errors—they can lead to serious consequences, particularly in military careers.

Examples of lasting harm:

• A leaked PTSD diagnosis derailing a promotion 
• Confidential substance abuse treatment being disclosed to peers 
• Sensitive reproductive or mental health information exposed in command briefings 
• VA medical records being viewed by unauthorized staff, leading to stigma or denial of benefits 

For military retirees and veterans, such breaches can also impact future employment, security clearances, and trust in the healthcare system.

What You Should Do If Your Privacy Was Violated

Step 1: Document Everything

• Note the time, place, and individuals involved 
• Record what information was shared and with whom 
• Gather emails, texts, or witness statements if available 

Step 2: Request Your Full Medical File

Under HIPAA, you have a right to see your own records. Request both your military and VA health files to verify any inaccuracies or unauthorized access.

Step 3: Report the Violation

File a formal complaint with:

• HHS Office for Civil Rights 
• The military medical facility or VA office involved 
• Your local IG (Inspector General), if applicable 

Step 4: Contact a Military Malpractice Attorney

If the violation resulted in significant harm—whether emotional, financial, or professional—an experienced attorney can help determine whether legal action under the FTCA or other avenues is viable.

Conclusion: You Served with Honor—Your Privacy Deserves the Same

Military patients deserve the same level of privacy and dignity as any civilian. While HIPAA allows limited exceptions for operational readiness, those exceptions do not eliminate your rights. Unauthorized disclosures, sloppy data handling, or violations of trust can and should be addressed.

If you believe your medical privacy was violated—either during service, while receiving VA care, or through TRICARE—don’t stay silent. The consequences can reach far beyond a simple data error.

👉 Contact Khawam Ripka LLP today to schedule a confidential consultation.
Our team understands military healthcare law and the unique burden privacy violations place on service members and veterans. Let us help you hold the right people accountable—and fight for your rights.

📞 Visit ForTheMilitary.com or call now. Your story matters. Your privacy matters. And your path to justice starts here.