Lives of Quiet Desperation: The Conflict between Military Necessity and Confidentiality
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Authors
Neuhauser, Jennifer A.
Issue Date
2011
Volume
44
Issue
Type
Journal Article
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Abstract
INTRODUCTION|The recent year has seen the implementation of several measures designed to lessen the stigma of self-reporting for mental impairments, including proposed and implemented rules for post-traumatic stress disorder ("PTSD") treatment and the revision of security clearance questionnaires. A 2007 RAND Corporation study found that approximately 18.5% of servicemembers returning from Iraq or Afghanistan have either PTSD or depression. A small survey conducted by the American Psychiatric Association in 2008 found that three out of five servicemembers believe that seeking mental health services would have at least some impact on their career. Current Department of Defense ("DoD") policy under DoD 6025.18-R (Department of Defense Health Information Privacy Information) allows "covered entities" to disclose protected health information of "individuals who are Armed Services personnel for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission." The purposes for which this information may be disclosed include fitness for duty and "to carry out any activity necessary to the proper execution of the mission of the Armed Forces...
Description
Citation
44 Creighton L. Rev. 1003 (2010-2011)
Publisher
Creighton University School of Law