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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.
All procedures used to coach a patient whether online or in person must remain HIPAA compliant. HIPAA only applies to people who are billing through insurance; if a psychologist or therapist is billing insurance the entire practice must be HIPAA compliant.
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.
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.
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 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.
Generally speaking, health coaches and non-licensed practitioners don't have to follow HIPAA (but there are exceptions).
One of the duties of a team physician is to serve as an adviser to the athletic trainer, coach, and athlete. The team physician works primarily under the supervision of the athletic trainer; who is ultimately responsible for directing the total health care of the athlete.
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.