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Deadspin reported that the HHS has aggressively pursued HIPAA violations in recent years and noted that athletes' medical records are legally protected under HIPAA regulations.
Because of this role in patient care, ATs are also at risk for liability and can be sued by a patient for negligence. As ATs, it is important for us to understand the legal definition of negligence and our risk for liability in practice.
Blanket silence is the easiest way to comply with HIPAA, but coaches and nonmedical staff aren't a part of the HIPAA law, and sports medical information isn't covered under Family Educational Rights and Privacy Act, the law that regulates the privacy of school records.
But HIPAA affects a great number of people other than healthcare providers. Employers that offer group health plans and any business or individual that provides services to physicians, healthcare providers, hospitals and insurance companies may also be affected by HIPAA.
HIPAA does not protect all health information. Nor does it apply to every person who may see or use health information. HIPAA only applies to covered entities and their business associates. There are three types of covered entities under HIPAA.
The NFL is not a Covered Entity. They are not a doctor or a health insurance company. There is no HIPAA at work. Even if the NFL was a standard company, there is no HIPAA in the employment context even if you work for a Covered Entity.
Duty. Although relatively few judicial opinions have concerned litigation between athletic trainers and competitive athletes, the courts have recognized that a duty exists between the parties. The athletic trainer's responsibility, like that of the team physician, is to protect the health and safety of the athletes.
Blanket silence is the easiest way to comply with HIPAA, but coaches and nonmedical staff aren't a part of the HIPAA law, and sports medical information isn't covered under Family Educational Rights and Privacy Act, the law that regulates the privacy of school records.
Athletic trainers employed by covered entities can be contracted to provide healthcare at a public secondary school, where they would follow FERPA guidelines. If they split their work week, they'd follow HIPAA when they're treating patients in the clinic and FERPA when they're providing outreach at the school.
Under HIPAA, personal health information can be provided to sports information staff or the media only with authorization from the athlete (Magee et al., 2003). Any sport entity that is covered under HIPAA needs to review its existing practices, policies, and procedures.