Privacy Rights of Members

[oak2007]

A member had a health issue while on a AF mission, A PA was generated  assigning a investigator and the members name and health issue was included in the PA. This PA was sent out to every commander in the Wing. The PA was also posted on the Wings web site. Is this right? Do we give up are rights to privacy when we join?

[Eclipse]

You don't "give them up", they are simply not protected by any law or internal regulation (specifically).

HIPA only applies to Health Care Providers and employers, which we are neither for the majority of members.

[oak2007]

Except for the Federal Privacy Act

[RiverAux]

Well, I think that line can be blurred a bit since CAP members can be the providers of medical care in certain situations and also CAP may have some sort of obligations as an "employer" when we're talking about people injured while on CAP time that may make claims against CAP.  An interesting topic.  

[Eclipse]

Except for the Federal Privacy Act

Assuming you are talking about Public Law No. 93-579, it does not apply to CAP as we are not a federal agency.

If you're referring to something else, perhaps a cite in the original post with an assertion instead of a question might move things along a little faster.

[oak2007]

All I am saying would you want your personal health issues made public By CAP that you deem private

[Eclipse]

Well, I think that line can be blurred a bit since CAP members can be the providers of medical care in certain situations and also CAP may have some sort of obligations as an "employer" when we're talking about people injured while on CAP time that may make claims against CAP.  An interesting topic. 

People injured on AFAMS are covered by FECA in which case they care considered direct employees of the federal government through CAP.  CAP is not the employer in that case, but simply an agent to the "employment" by the USAF (likely viewed as a contractor situation).

When on corporate missions, there is no employment compensation or even health care coverage provide by CAP, Inc.  All risk and personal liability is assumed by the member with no employee relationship assumed.

[RiverAux]

Except for the Federal Privacy Act

Except that CAP doesn't believe that this applies to us.  This statment was in a 2002 BoG minutes http://level2.cap.gov/documents/u_082503141517.pdf and refers to something said by the CAP General Counsel:

There was also clarification that the Privacy Act does not apply to Civil Air Patrol.

[FW]

Nope, were not covered by the Federal Privacy Act nor are we covered by the Freedom of Information Act.  We're not covered by HIPPA nor are we covered by OSHA.  However, some of us are covered by NOMEX when we fly and others are covered by mud after we go out with a ground team. (sorry, I just couldn't help it ).

BTW; HIPPA only covers health care facilities who engage in "electronic claims" transmissions.  CAP does not deal with this in any shape or form.

[Eclipse]

All I am saying would you want your personal health issues made public By CAP that you deem private

In the course of my CAP duties I am required to disclose a variety of information both health and personal to a variety of people.  It comes with the territory and its part of the game.

Frankly, there is no such thing as "privacy" anymore if you expect to actually participate in modern society.  Get used to it.

[RiverAux]

When on corporate missions, there is no employment compensation or even health care coverage provide by CAP, Inc.  All risk and personal liability is assumed by the member with no employee relationship assumed.

There is medical coverage while on corporate missions CAPR900-5

SECTION E—SENIOR MEMBER AND CADET ACCIDENT, LIFE AND MEDICAL BENEFITS—AUTOMATIC COVERAGE
18. General. As a benefit of membership, CAP provides a self-insured accident coverage for both senior members and cadets, which provides benefits in the event of reportable injury or death that occur during CAP authorized activities. This is a self-insured program paid out of CAP's general fund and not a commercial insurance policy.
19. Senior and Cadet Benefits:
a.
Accidental Death - $10,000
b.
Medical Expenses - $8,000 less a $50 deductible per claim
20. Medical Expense Benefit Excess to Existing Coverage. The CAP medical expense benefit is excess to any existing medical coverage available to senior or cadet members including family or employer type "Blue Cross" or HMO coverages. These other coverages must be exhausted before CAP provided self-insured medical expense benefits apply. The CAP medical expense benefits will pay (a) if there is no other applicable insurance, or (b) for that portion of the other policy coverage not paid such as coinsurance deductible (not including standard deductibles), etc., up to $8,000 per occurrence. All medical expense benefit payments are subject to the $50 per claim deductible.

[Eclipse]

It might interest you to know that the ADA doesn't apply to CAP, either, however the BOG wrote a letter to Congress in which it agreed to operate internally as if it applied.

[Eclipse]

There is medical coverage while on corporate missions CAPR900-5

I recline corrected, good to know, actually.

[oak2007]

So member who have impedance issued show be open for general discussion at the next national convention

[Eclipse]

So member who have impedance issued show be open for general discussion at the next national convention

[oak2007]

So if you have a impedance issue I will be sure to post it here because  you just gave up you right to keep anything privet when joining CAP

[FW]

So member who have impedance issued show be open for general discussion at the next national convention

I have no idea what that means.  However, IMHO, a member's health issues should not be published for all to see.  It's ethically wrong and may seem to violate the spirit of our ethics regulation and core values.  Then again, if a health issue was the reason for the loss of airman's or pic privileges, Publishing the change in status would be necessary.

[Eclipse]

Impedance issue?  Like the the ratio of my voltage phasor to my electric current phasor is off?

[oak2007]

Exactly

[lordmonar]

What's a PA?