The Privacy Act of 1974 establishes safeguards for the protection of records that the Federal government collects and maintains on United States citizens. It also allows a person to seek access to records retrievable by his/her own name or other personal identifier, as long as the records do not contain material that is covered by an exemption in the statute.
The Defense Health Agency (DHA) has five categories of requesters who may submit requests for beneficiary records under the Privacy Act. These categories are:
- TRICARE beneficiary
- Established court, via court order
- Attorney or law office
- Legal services firm
- Law enforcement, pursuant to an investigation
Each request for records maintained by DHA must include the following:
- Social Security Number (SSN) of the beneficiary or military sponsor
- Birthdate of the beneficiary
- Inclusive dates for the records requested
If the requested records contain Sensitive Diagnosis Codes (SDC), the request must include a separate form completed by the beneficiary authorizing which individual category of SDC information can be released. If requesting all categories, each SDC must be individually stated. In general, SDC categories include: mental health; drug and/or alcohol abuse; HIV/AIDS; and sexually transmitted diseases (STD).
If the requested records are for a minor and you are not the legal guardian, the request must also include verification from the minor’s legal guardian/custodial parent that the records can be released; or verification that you have the authority to act on behalf of the minor.
If you are an attorney or legal services firm, the request must also include a Health Insurance Portability and Accountability Act (HIPAA) compliant authorization form (known as DD2870) completed and signed by the beneficiary.
Requests from a TRICARE beneficiary should be mailed to:
Defense Health Agency
Attn: Privacy and Civil Liberties Office
7700 Arlington Boulevard, Suite 5101
Falls Church, VA 22042-5101
Requests from a court representative, law enforcement official, attorney, or legal services firm, should be mailed to:
Defense Health Agency
Attn: General Law Division
16401 East Centretech Parkway
Aurora, CO 80011-9066