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Athletic trainers prevent and treat injuries for all active people. They often work closely with athletes, but they aren't limited to one type of patient. They can work in a variety of job settings, including primary care and outpatient rehabilitation.
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.
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.
Although the college/university may be considered a HIPAA-covered entity, the college/university will not, however, be required to comply with the HIPAA Privacy Rule to the extent that the health records maintained by the health center relate only to its students.
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.
Specific conditions that would exclude or limit athletic participation include hypertrophic cardiomyopathy, long QT interval syndrome, concussion, significant knee injury, sickle cell disease and uncontrolled seizures.
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.
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.