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LEGAL CONCERNS FOR THE ATHLETIC TRAINER The potential always exists that techniques and procedures athletic trainers use in providing health care will result in some legal action regarding issues of liability and negligence, regardless of the setting in which they practice.
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.
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.
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.
Because professional sports teams provide healthcare to their players via team doctors, they are healthcare providers under HIPAA.
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.
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.
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.