11-09-2017, 03:25 PM
(11-09-2017, 02:50 PM)Sled21 Wrote: Employers are not allowed to Re disclose health information provided to them from a healthcare professional without consent of the person involved. Marvin is a part of management, and as such is an employer.
https://www.hhs.gov/hipaa/for-professionals/faq/499/am-i-a-covered-entity-under-hipaa/index.html
"Neither employers nor other group health plan sponsors are defined as covered entities under HIPAA."
If Marvin was covered by HIPAA, it would be a HIPAA violation for Marvin to even disclose Fisher was sick during the game and that he was taken by to the hospital.
https://www.hhs.gov/hipaa/for-professionals/faq/190/who-must-comply-with-hipaa-privacy-standards/index.html
"As required by Congress in HIPAA, the Privacy Rule covers:
Health plans
Health care clearinghouses
Health care providers who conduct certain financial and administrative transactions electronically. These electronic transactions are those for which standards have been adopted by the Secretary under HIPAA, such as electronic billing and fund transfers."
If you have information that indicates Marvin is a covered entity I would be interested in learning more.
Found this:
http://www.nwitimes.com/sports/high-school/coaches-schools-unsure-about-hipaa-rules-when-athletes-are-injured/article_b56ced76-3f51-540a-a4e8-41d4754d695d.html
"However, HIPAA doesn't extend to coaches, said Dave Emmert, a lawyer with the Indiana School Board Association, and any administrator who directs a coach otherwise is misreading the law."
"HIPAA's protection of information between a patient and a medical professional applies across all sports and all levels. The NFL Collective Bargaining Agreement has a HIPAA clause written into each player's contract, allowing coaches and doctors to discuss sports-related injuries."
HIPAA applies to team doctors and trainers, but it looks like the NFL has a CYA clause in player contracts to include coaches.
