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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.
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.
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.
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.
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.
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.
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.
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.
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.