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FERPA allows school records to be shared in certain cases. Medical information kept by an athletic trainer employed by the school is considered part of the student's educational records, therefore subject to FERPA standards.
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.
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.
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.
Because professional sports teams provide healthcare to their players via team doctors, they are healthcare providers under HIPAA.
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.
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.
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.