Page 48 - Athletic Health Handbook
P. 48
HIPAA regulations may not directly school teams at their games or at other
extend to on-field evaluations even times. Since the physician is not
for these team physicians. It could be billing for these services at all, is he
argued that these fall under emergency or she still required to provide the
evaluations in which NPP and prior student athlete with the Notice of
authorization are not immediately Privacy Practices and offer the patient
needed. In addition, emergency rights associated with HIPAA? Are
evaluation of opposing players is not the same restrictions still placed on
likely to require a signed authorization the use and disclosure of the student
unless the evaluation and treatment athlete’s medical information between
continues beyond the initial on-field the physician, coach, and trainer?
evaluation. Finally, it could be argued Perhaps, but without specific guidance
that play or no-play decisions (with- from the U.S. DHHS Office of Civil
out elaboration of the details of Rights or the U.S. Department of
the injury) can be communicated Education Family Policy Compliance
directly to the coach as this could Office on this and many other issues,
be seen as part of the evaluation there will remain many interpretations
and treatment of the injury. and instances of Monday morning
quarterbacking. It may not be unrea-
Team Physicians Covering sonable to assume that these federal
High School Teams guidelines will apply even in the
high school situation and suggest
Unfortunately, there remain many to school athletic officials to obtain
unanswered questions on these issues. authorizations from the involved
Other gray areas are situations where athletes and/or their guardians.
the normally covered physician by day
provides volunteer services to high

HIPAA and FERPA References

DHHS Office of Civil Rights guidance and technical assistance: www.hhs.gov/ocr/hipaa
HIPAA news and other links: www.hipaadvisory.com and www.hipaacomply.com
EDUCAUSE: www.educause.edu/issues/hipaa.html
Department of Education Family Policy Compliance Office: www.ed.gov/offices/OM/fpco/ferpa/

© AMERICAN ORTHOPAEDIC SOCIETY FOR SPORTS MEDICINE, 2008, ALL RIGHTS RESERVED

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