HIPPA and Athletes (I MEANT HIPAA!!!!) =)
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Rain
Everyone, Registered Users Posts: 8,761
How does HIPPA apply to pro athletes? I ask this because it seems like as soon as an athlete is injured, the organization releases the injury information. How is this legal? The only thing I could even find was this blurb from 2002...and it still does not make sense to me.Professional sports teams have tried to duck the new legislation by claiming that their athletes are strictly employees, and that issues regarding their health are part of an employment record and hence not protected under HIPAA.For example, I'm employed in the Army. If I hurt my back and the Army released that information to ESPN, I feel that that would be a violation. Am I wrong?
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Well, they are paid tons of money and people watch them religiously. As in my fantasy football league, ...hell Randy your right it doesn't make sense! Maybe if its a personal issue, like mental illness it's different, but sprained ankle different story. Idk
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I'd imagine there is a waiver in their contract somewhere, but I can't believe you can waive that!You may be on to something though, don't hear of athletes missing games from depression or the clap.
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This is a great point and something I never thought about. They would have to have something in the contract cause all the HIPPA rules are very strict
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I've also noticed at times there are "undisclosed" injuries so I wander if those are more protected things
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I don't have any concrete answers, but being "kind of in the medical field" and haveing to be couscous of HIPPA laws, the person or athlete in this case is allowed to tell anyone he wants about anything having to do with his medical condition. I am sure in one way or the other the team has gotten "the athelete's permission" through contract or what not to release this kind of info.
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With as much money as there is involved in sports, both legal and...not, there may be an exception in the HIPAA laws for sports. Don't ask me where, that law is one of the biggest piles of steaming confusion I've looked through.
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This. Believe me, no one seems to have much real knowledge of what HIPPA does. Organizations in the medical fields use it to terrify employees into submission about all kinds of crap, then turn around and release all sorts of medical info. It makes no sense, and trying to find factual sources of information is a scavenger hunt.perkinke:With as much money as there is involved in sports, both legal and...not, there may be an exception in the HIPAA laws for sports. Don't ask me where, that law is one of the biggest piles of steaming confusion I've looked through.
I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!! -
I've wondered about this topic as well and FireRob might be right. If it is, say, part of the collective bargaining agreement the league and players association would have, then it is probably due to wanting to disclose injuries for the sake of gambling (NFL). More gambling means increased interest, which leads to increased revenue.FireRob:I don't have any concrete answers, but being "kind of in the medical field" and haveing to be couscous of HIPPA laws, the person or athlete in this case is allowed to tell anyone he wants about anything having to do with his medical condition. I am sure in one way or the other the team has gotten "the athelete's permission" through contract or what not to release this kind of info. -
It is a gambling reason. You can't put spreads on games unless you know the star forward is playing or not. The teams will tell you it is for fair disclosure so the other team can prepare for the game, which is a total lie. Tom Brady is listed on the injury report every week. Yet he plays every week with no issue. This data is used by the books to spread games and as CharlieHeis said it does raise interest in the game because of that.
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Just a wild guess but assume they fall under "celebrity & persons in the public eye" type exemptions. You may not know what condition Joe Smith has over on Maple Street, but you know Michael J. Fox, Joe Theisman, Jack Nicklaus, and any other sports or celebrity's every condition.
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Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-). HIPAA covers protected health information including diagnosis. The only way to get around that in the medical profession is to have a release form signed by the individual. So, either through a specific release or a release embedded in the contract should have been signed. What I'm not clear about is whether the NFL is a covered entity. If it is, then the release would have to be between the player and the NFL. It is most likely that the NFL is not a covered entity (or perhaps a hybrid entity) and so the release would have to be by the player to the hospital allowing the hospital or doctor to release information to the NFL. One the information is release to a non covered entity they don't have the same confidentiality constraints.Amos Umwhat:
This. Believe me, no one seems to have much real knowledge of what HIPPA does. Organizations in the medical fields use it to terrify employees into submission about all kinds of crap, then turn around and release all sorts of medical info. It makes no sense, and trying to find factual sources of information is a scavenger hunt.perkinke:With as much money as there is involved in sports, both legal and...not, there may be an exception in the HIPAA laws for sports. Don't ask me where, that law is one of the biggest piles of steaming confusion I've looked through.
I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!! -
HERE is an article on the subject that might shed some light. Great question, Randy.
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Dang, I for sure did misspell it....embarrassing! Good answers, thanks guys
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Ah now your just being a show off! :-)Echambers:Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-). -
Echambers:
Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-). HIPAA covers protected health information including diagnosis. The only way to get around that in the medical profession is to have a release form signed by the individual. So, either through a specific release or a release embedded in the contract should have been signed. What I'm not clear about is whether the NFL is a covered entity. If it is, then the release would have to be between the player and the NFL. It is most likely that the NFL is not a covered entity (or perhaps a hybrid entity) and so the release would have to be by the player to the hospital allowing the hospital or doctor to release information to the NFL. One the information is release to a non covered entity they don't have the same confidentiality constraints.Amos Umwhat:
This. Believe me, no one seems to have much real knowledge of what HIPPA does. Organizations in the medical fields use it to terrify employees into submission about all kinds of crap, then turn around and release all sorts of medical info. It makes no sense, and trying to find factual sources of information is a scavenger hunt.perkinke:With as much money as there is involved in sports, both legal and...not, there may be an exception in the HIPAA laws for sports. Don't ask me where, that law is one of the biggest piles of steaming confusion I've looked through.
I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!!
I suspect it's seen as the player giving the information over to the team in performance-related cases. I was surprised at the personal nature of the information that Robert Mathis released about infertility treatments causing his positive drug test...but he was stupid not to ask the NFLPA, his agent, or the League docs about the meds. -
Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)FireRob:
Ah now your just being a show off! :-)Echambers:Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-). -
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Eye no eye ca'nt spiell, Eye ghot over it and u shood twoEchambers:
Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)FireRob:
Ah now your just being a show off! :-)Echambers:Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-). -
Ha! And I can't believe that no one called me on my use of "its."FireRob:
Eye no eye ca'nt spiell, Eye ghot over it and u shood twoEchambers:
Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)FireRob:
Ah now your just being a show off! :-)Echambers:Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-).