Juice Injury

[USCBatgirl21]

I'm just looking at the HHS guidance that states the below. I'm sure there are other DOL issues that would arise with releasing it. HIPAA falls under HHS, and they say it's not protected. But I do like learning about things, especially things like this that could potentially impact me at some point. So if you know of something contradictory to what the HHS says about it that would be interesting...not trying to argue the point. I'm sure it violates some statute, just maybe not hipaa?

Employers and Health Information in the Workplace​

The Privacy Rule controls how a health plan or a covered health care provider shares your protected health information with an employer.

Employment Records​

The Privacy Rule does not protect your employment records, even if the information in those records is health-related. In most cases, the Privacy Rule does not apply to the actions of an employer.
If you work for a health plan or a covered health care provider:

• The Privacy Rule does not apply to your employment records.
• The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.

Health records are NOT employment records though. That is where the difference lies. My HR director could not tell others why I was out on medical leave when I had my hysterectomy. Or even when I was out helping take care of my father when he was dealing with his brain aneurysm. All they could say is it's "health related" when asked. But they cannot give the actual reason when asked unless I give them permission to. That is where it falls under the Rule.

But again, it all comes down to y'all want to know what's going on. They aren't saying anything. And you're pissed about it.
If he plays, he plays. If he doesn't, he doesn't. Next f'ing man up.

 

[18IsTheMan]

Worth noting that student athletes are not employees.

 

[18IsTheMan]

Bottom line is: HIPAA is obviously not an obstacle because college coaches have been talking freely and openly about player injuries for decades.

I don't know even know why we're talking about HIPAA.

Guess that's how bad we want to avoid talking about the UGA game.

 

[Deleted11512]

Health records are NOT employment records though. That is where the difference lies. My HR director could not tell others why I was out on medical leave when I had my hysterectomy. Or even when I was out helping take care of my father when he was dealing with his brain aneurysm. All they could say is it's "health related" when asked. But they cannot give the actual reason when asked unless I give them permission to. That is where it falls under the Rule.

But again, it all comes down to y'all want to know what's going on. They aren't saying anything. And you're pissed about it.
If he plays, he plays. If he doesn't, he doesn't. Next f'ing man up.

Again, not trying to argue. But wouldn't those be covered under FMLA, not HIPAA? I'm not saying there are no protections for employees, I'm just saying it looks like they're not with HIPAA. There are other rules they would fall under. Tomato, tomahto...perhaps.

 

[USCBatgirl21]

Again, not trying to argue. But wouldn't those be covered under FMLA, not HIPAA? I'm not saying there are no protections for employees, I'm just saying it looks like they're not with HIPAA. There are other rules they would fall under. Tomato, tomahto...perhaps.

They do overlap. But one covers being able to take leave for health related reasons vs the release of health information. And both do have rules over the release of information. Perhaps it's that people adhere to HIPAA even if not necessarily required to (in the fine print) because of the protection it provides to both sides.

 

[Prestonyte]

The key thing to understand about HIPPA is - it was not created to protect the patient.
That was the story line to sell it to the public.
There are some good things which have come from HIPPA like an ER doc in a strange city can get a picture of your health for treatment purposes if you are unconscious.
However, the real purpose of HIPPA, and all the forms you are signing, is to create electronic medical records in order to provide access to your private health information to any/all alphabet agency who wants it for any reason ''in an emergency'' and to use it to do what is best for the general population.
Think Covid.

 

[Rogue Cock]

Health records are NOT employment records though. That is where the difference lies. My HR director could not tell others why I was out on medical leave when I had my hysterectomy. Or even when I was out helping take care of my father when he was dealing with his brain aneurysm. All they could say is it's "health related" when asked. But they cannot give the actual reason when asked unless I give them permission to. That is where it falls under the Rule.

But again, it all comes down to y'all want to know what's going on. They aren't saying anything. And you're pissed about it.
If he plays, he plays. If he doesn't, he doesn't. Next f'ing man up.

You are correct or the CLE class I took on this subject was all wrong.

 

[18IsTheMan]

HIPAA is obviously irrelevant to the subject of the thread.

Can we start a healthcare/privacy policy thread??

 

[18IsTheMan]

We know that Nick was out with a hamstring injury. Kaba and Henry have knee injuries.

But Juice's injury falls under HIPAA.

 

[Rogue Cock]

We know that Nick was out with a hamstring injury. Kaba and Henry have knee injuries.

But Juice's injury falls under HIPAA.

Waivers….patients choice.

 

[18IsTheMan]

Waivers….patients choice.

lol, I'm sure that's not the case here.

The law of parsimony would dictate that this is simply gamesmanship.

 

[Rogue Cock]

lol, I'm sure that's not the case here.

The law of parsimony would dictate that this is simply gamesmanship.

NBI and the SC Bar offer 1 day classes on HIPAA every year. Anyone is able to attend if you pay for the course.

 

[USCBatgirl21]

NBI and the SC Bar offer 1 day classes on HIPAA every year. Anyone is able to attend if you pay for the course.

Do we really want to subject others to how boring CLEs can be?

 

[Rogue Cock]

Do we really want to subject others to how boring CLEs can be?

LOL….just as boring to teach them also. Have taught 2 on 1031 transactions and 1 on 1033s for NBI. Geesh, that was miserable.

 

[18IsTheMan]

NBI and the SC Bar offer 1 day classes on HIPAA every year. Anyone is able to attend if you pay for the course.

My wife is a physician, so if I need to know anything about HIPAA, I'd ask her as it's a part of her daily life.

But I'm supremely confident that HIPAA is not relevant for the discussion of Juice's injury status, so that discussion will not be necessary.

 

[Rogue Cock]

My wife is a physician, so if I need to know anything about HIPAA, I'd ask her.

But I'm supremely confident that HIPAA is not relevant for the discussion of Juice's injury status, so that discussion will not be necessary.

That’s fine. From my understanding of it, I’m not. Good discussion, though.

 

[Bubba Fett]

My wife is a physician, so if I need to know anything about HIPAA, I'd ask her as it's a part of her daily life.

But I'm supremely confident that HIPAA is not relevant for the discussion of Juice's injury status, so that discussion will not be necessary.

100%

HIPPA has absolutely no application here.

 

[Deleted11512]

They do overlap. But one covers being able to take leave for health related reasons vs the release of health information. And both do have rules over the release of information. Perhaps it's that people adhere to HIPAA even if not necessarily required to (in the fine print) because of the protection it provides to both sides.

Yeah, I think that's more than likely it. Nobody wants to get in a lawsuit over that. In the example I gave Jason Pierre-Paul sued ESPN and they settled.

 

[18IsTheMan]

100%

HIPPA has absolutely no application here.

In all my years of bantering about football and player injuries, it's never gotten off into discussions of HIPAA, lol.

I guess this is what happens when you have an unwinnable game on the immediate horizon.

 

[KingWard]

HIPAA issues also….don’t think they waive that.

If injury updates came under HIPPA restrictions, I believe the NFL would be in a world of hurt. They actually have regulations requiring teams to disclose injury information and requiring that it be complete and accurate. Actually it's an accommodation not only to opposing teams for the sake of their preparation but to gambling interests as well, although the latter is unofficial.

 

[Deleted11512]

Waivers….patients choice.

My guess is if it were a HIPAA issue the response would be "juice is out, you'll have to ask him for the reason. that's all I can say about it." We know he has a "lower body injury". There are probably several reasons why they don't want the actual injury out there, and they're all likely tied to $$$ one way or another.

 

[USCBatgirl21]

Yeah, I think that's more than likely it. Nobody wants to get in a lawsuit over that. In the example I gave Jason Pierre-Paul sued ESPN and they settled.

His case against ESPN was pretty cut and dry. Lawsuits against employers and such are much more grey areas when it comes down to it.

 

[Carolina Doc]

While there are varying degrees of information that is released on individual cases, the bottom line is that an athlete has a right to privacy regarding medical conditions. Certainly, that applies to medical professionals, but beyond that, I believe the system breaks down when it involves other, non-medical individuals. Its pretty nebulous in that regard.

 

[Deleted11512]

While there are varying degrees of information that is released on individual cases, the bottom line is that an athlete has a right to privacy regarding medical conditions. Certainly, that applies to medical professionals, but beyond that, I believe the system breaks down when it involves other, non-medical individuals. Its pretty nebulous in that regard.

User name checks out. Thanks Doc!

 

[18IsTheMan]

Beamer didn't seem to have issues with HIPAA when he announced to the nation in-game on Saturday afternoon that Wells likely had a broken bone in his foot.