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HIPPA and Athletes (I MEANT HIPAA!!!!) =)

RainRain Posts: 8,958 ✭✭✭
in Non Cigar Related
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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    Darktower007Darktower007 Posts: 2,580 ✭✭✭✭
    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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    RainRain Posts: 8,958 ✭✭✭
    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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    bert873bert873 Posts: 2,561 ✭✭✭✭✭
    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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    bert873bert873 Posts: 2,561 ✭✭✭✭✭
    I've also noticed at times there are "undisclosed" injuries so I wander if those are more protected things
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    FireRobFireRob Posts: 1,890 ✭✭✭
    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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    perkinkeperkinke Posts: 1,572 ✭✭✭
    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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    Amos_UmwhatAmos_Umwhat Posts: 8,431 ✭✭✭✭✭
    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.
    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.

    I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!!
    WARNING:  The above post may contain thoughts or ideas known to the State of Caliphornia to cause seething rage, confusion, distemper, nausea, perspiration, sphincter release, or cranial implosion to persons who implicitly trust only one news source, or find themselves at either the left or right political extreme.  Proceed at your own risk.  

    "If you do not read the newspapers you're uninformed.  If you do read the newspapers, you're misinformed." --  Mark Twain
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    CharlieHeisCharlieHeis Posts: 8,167 ✭✭✭✭✭
    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.
    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.
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    MarkerMarker Posts: 2,524 ✭
    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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    SasquatchSasquatch Posts: 307 ✭✭✭
    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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    EchambersEchambers Posts: 4,178 ✭✭✭✭✭
    Amos Umwhat:
    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.
    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.

    I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!!
    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.
    -- "There's something that doesn't make sense. Let's go poke it with a stick."
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    Puff_DougiePuff_Dougie Posts: 4,599 ✭✭✭✭✭
    HERE is an article on the subject that might shed some light. Great question, Randy.
    "When I have found intense pain relieved, a weary brain soothed, and calm, refreshing sleep obtained by a cigar, I have felt grateful to God, and have blessed His name." - Charles Haddon Spurgeon
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    RainRain Posts: 8,958 ✭✭✭
    Dang, I for sure did misspell it....embarrassing! Good answers, thanks guys :)
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    FireRobFireRob Posts: 1,890 ✭✭✭
    Echambers:
    Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-).
    Ah now your just being a show off! :-)
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    MartelMartel Posts: 3,306 ✭✭✭✭
    Echambers:
    Amos Umwhat:
    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.
    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.

    I've said too much....gaaah! THEY'RE COMING FOR ME!!!!!!!!
    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.

    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.
    Intelligence is knowing that a tomato is a fruit; wisdom is knowing not to put it in a fruit salad.

    I like Oliva and Quesada (including Regius) a lot.  I will smoke anything, though.
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    EchambersEchambers Posts: 4,178 ✭✭✭✭✭
    FireRob:
    Echambers:
    Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-).
    Ah now your just being a show off! :-)
    Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)
    -- "There's something that doesn't make sense. Let's go poke it with a stick."
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    RainRain Posts: 8,958 ✭✭✭
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    FireRobFireRob Posts: 1,890 ✭✭✭
    Echambers:
    FireRob:
    Echambers:
    Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-).
    Ah now your just being a show off! :-)
    Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)
    Eye no eye ca'nt spiell, Eye ghot over it and u shood two
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    EchambersEchambers Posts: 4,178 ✭✭✭✭✭
    FireRob:
    Echambers:
    FireRob:
    Echambers:
    Well, I'm a bit of a HIPAA expert. Enough, at least, to know its HIPAA not HIPPA :-).
    Ah now your just being a show off! :-)
    Well I am a bit of a grammar expert. Enough, at least to know that it is "you're" not "your" :-)
    Eye no eye ca'nt spiell, Eye ghot over it and u shood two
    Ha! And I can't believe that no one called me on my use of "its."
    -- "There's something that doesn't make sense. Let's go poke it with a stick."
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