§164.512(k) Standard: Uses and disclosures for specialized government functions.
(1) Military and veterans activities
(i) Armed Forces personnel. A covered entity may use or disclose the protected health information of individuals who are Armed Forces personnel for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission, if the appropriate military authority has published by notice in the Federal Register the following information:
(A) Appropriate military command authorities; and
(B) The purposes for which the protected health information may be used or disclosed.
(ii) Separation or discharge from military service. A covered entity that is a component of the Departments of Defense or Homeland Security may disclose to the Department of Veterans Affairs (DVA) the protected health information of an individual who is a member of the Armed Forces upon the separation or discharge of the individual from military service for the purpose of a determination by DVA of the individual’s eligibility for or entitlement to benefits under laws administered by the Secretary of Veterans Affairs.
(iii) Veterans. A covered entity that is a component of the Department of Veterans Affairs may use and disclose protected health information to components of the Department that determine eligibility for or entitlement to, or that provide, benefits under the laws administered by the Secretary of Veterans Affairs.
(iv) Foreign military personnel. A covered entity may use or disclose the protected health information of individuals who are foreign military personnel to their appropriate foreign military authority for the same purposes for which uses and disclosures are permitted for Armed Forces personnel under the notice published in the Federal Register pursuant to paragraph (k)(1)(i) of this section.
Does the covered entity disclose PHI of individuals for military and veterans activities consistent with the established performance criterion?
Obtain and review policies and procedures related to disclosures of PHI for purposes of military and veterans’ activities.
Obtain and review a list of uses and disclosures for military and veterans activities. Elements to consider are, 1) whether the entity is a component of the DoD, HSA; or VA; and 2) include whether the disclosure relates to:
– Armed force personnel
– Separated or discharged military service personnel
– A veteran
– Foreign military personnel.
. Elements to consider include, but are not limited to:
-Whether the activities deemed necessary by appropriate military command authorities
-Whether the purpose is to determine the individual’s eligibility for or entitlement to benefits under laws.