Privacy is a fundamental right that all individuals, including athletes, should enjoy, especially when it comes to their sensitive medical data. As such, the protections provided within HIPAA's requirements play a role in assuring that athletes feel confident that their health information is kept confidential.
HIPAA applies to athletic medical staff, including athletic trainers, when they work for covered entities that engage in electronic healthcare transactions. As part of covered entities, professional athletic trainers and medical staff must adhere to strict privacy and security rules to protect athletes' medical information. These rules include the HIPAA Privacy Rule, which governs the use and disclosure of protected health information (PHI) related to athletes' physical and mental health conditions.
They should follow the minimum necessary standard when accessing, using, or disclosing PHI, ensuring that only the minimum required information is shared for legitimate purposes.
Additionally, athletic trainers and medical staff may need to sign business associate agreements (BAAs) with third-party vendors, ensuring these vendors also comply with HIPAA when handling PHI.
Athletes are often required to sign informed consent forms at the beginning of their tenure with a professional sports team. These forms outline the types of PHI that may be shared, the purposes for sharing, and the entities with whom the information may be disclosed. By signing these forms, athletes provide explicit consent for the team to share their PHI for specific purposes.
College and professional sports teams also often have specific health and safety policies that address how PHI is collected, used, and shared. These policies are designed to comply with relevant privacy laws while ensuring athletes' well-being and healthcare needs. If the team contracts with third-party vendors, such as medical service providers, to handle PHI on their behalf, they may enter into BAA with the vendor.
See also: HIPAA compliance and the NFL (National Football League)
Collective bargaining agreements (CBAs) between professional sports leagues and players' unions often address various aspects of athletes' employment, including the protection of their PHI. While HIPAA primarily applies to covered entities, such as healthcare providers, and their handling of PHI, CBAs may have provisions related to the privacy and security of athletes' PHI.
These may include
See also: What is the HIPAA treatment exception?
The results of a drug test can be considered PHI under HIPAA if a healthcare provider or a covered entity conducts the drug test. The drug test results would be subject to HIPAA's privacy and security rules in this case.
However, if the drug test was conducted by an employer or a third-party drug testing service that is not a covered entity under HIPAA, the results may not be considered PHI under HIPAA regulations. Instead, the results may be subject to other privacy laws or regulations that govern workplace drug testing.
If the drug test results are considered PHI under HIPAA, they can only be shared with individuals who have a legitimate need to know the information for treatment, payment, or healthcare operations purposes, or if the individual provides written authorization for disclosure. This means that the results can only be shared with appropriate medical staff and individuals involved in the athlete's treatment or care, and only to the extent necessary to carry out their responsibilities.
See also: HIPAA Compliant Email: The Definitive Guide