DODRDepartment of Defense Regulation (US DoD)
DODRDepartment of Defense Repository
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Once a trial counsel has determined that he has the authority under DoDR 6025.18-R to request PHI, he should draft and submit a valid written request to the PAD at the treatment facility where the records are located.
When drafting a request for PHI, the trial counsel must comply with several requirements under DoDR 6025.18-R.
Trial counsel should be aware that psychotherapy notes are generally subject to more protection and fewer exceptions under HIPAA and DoDR 6025.18-R.
DoDR 6025.18-R, AR 40-66, and DA Form 4254 are not binding on civilian medical facilities.
Finally, DoDR 6025.18-R does not apply if the individual is not a member of the armed forces and the medical records are not within control of the DoD, such as a civilian victim of a DUI accident.
(87) Due to the magnitude and complexity of the DoDR 6025.18-R, trial counsel will likely find that each MTF has its own way of processing requests.
(34.) See generally DODR 5200.2-R, supra note 8; DODD 5200.2, supra note 19.
Change 3 to DODR 5200.2-R implements this executive order.