brief periods of hospitalization, the health record will be retained by the activity having custody. If the period of hospitalization exceeds 48 hours or the cognizant activity is a vessel or unit scheduled for deployment, the health record will be forwarded to the cognizant office of medical affairs or to the activity designated by the CMC for Marine Corps members. In those instances where the parent activity retained the health record, a summary of the hospitalization will be entered on SF 600 when the member returns to duty.
When a member is hospitalized at a medical facility of a foreign nation, an entry of this fact will be made in the health record. The health record will be retained on board and continued until the patient either returns to duty or is transferred to another U.S. Navy vessel or U.S. military activity. Upon departure of the vessel from the port, the health record will be delivered to the commanding officer for inclusion in the member’s service record for forwarding to the nearest U.S. embassy or consulate.
RELEASE OF MEDICAL INFORMATION
The Surgeon General (Director, Naval Medicine) has been designated the official responsible for administering and supervising the execution of SECNAVINST 5211.5 series as it pertains to the Health Care Treatment Record System. Additionally, the Surgeon General is the official authorized to deny requests of individuals for notification, access, and amendment to their medical and dental records.
Commanding officers and officers in charge of Navy and Marine Corps activities are designated as local systems managers for individual health records maintained and serviced within their activities. Custodians of individual health records are responsible for familiarizing themselves with SECNAVINST 5211.5 series and complying with the provision for preserving the privacy of the information contained in these records.
Local systems managers are authorized to release information from health records located within the command if a proper show of authority has been established. The requesting office or individual will be advised that such information is private and must be treated with confidentiality. In all cases where information is disclosed, an entry on the OPNAV Form 5211/9, Record of Disclosure-Privacy Act of 1974, will be made to include the date, nature and purpose of the disclosure, and the name and address of the person or agency receiving the information. Additionally a copy of the disclosure request shall be maintained.
The information necessary to accomplish a legitimate purpose or, if required, a complete transcript of an individual’s health record maybe furnished in accordance with the following policy guidelines:
1. Release to the Public. Information contained in health records of individuals who have undergone medical or dental examination or treatment is personal to the individual and considered private and privileged in nature. Consequently, disclosure of such information to the public would constitute an unwarranted invasion of personal privacy. Such information is exempt from release under the Freedom of Information Act.
2. Release to the Individual Concerned. Release of health care information to the individual concerned falls within the purview of the Privacy Act and not the Freedom of Information Act. If individuals request information from their health records, it will be released to them unless, in the opinion of the releasing authority, it might prove injurious to their physical or mental health. In such an event, and if the circumstances indicate it to be in their best interests, the individual will be requested to authorize release of the information to their personal physician.
3. Release to Representatives of the Individual Concerned. Upon the written request of the individuals concerned or their legal representatives, health care information will be released to authorized representatives. If the individual is mentally incompetent, insane, or deceased, the next of kin or legal representative must authorize the release in writing. Next of kin or a legal representative must submit adequate proof that the member or former member has been declared mentally incompetent or insane, or furnish adequate proof of death if such information is not on file. Legal representatives must also provide proof of appointment, such as a certified copy of the court order.
4. Release to Other Government Departments and Agencies. Health care information will be released, upon request, to other