The Impact of the HIPAA Privacy Rule on Collegiate Sport Professionals

By Bell, Richard; Ratzlaff, Sarah Elizabeth | The Sport Journal, Spring 2008 | Go to article overview

The Impact of the HIPAA Privacy Rule on Collegiate Sport Professionals


Bell, Richard, Ratzlaff, Sarah Elizabeth, The Sport Journal


The Health Insurance Portability and Accountability Act (HIPAA) was enacted on August 21, 1996, by the 104th U.S. Congress as Public Law 104-191 (29 U.S.C. [section]18). The act amended both the Employee Retirement Income Security Act, or ERISA [29 U.S.C.[section]1182(a)(1)], and the Public Health Service Act [42 U.S.C.[section] 6(a)]. Its main purpose was to improve both the portability and continuity of health insurance coverage for workers and their families, especially as individuals changed employers. Title II of the act was intended to reduce paperwork--making it easier to detect and prosecute fraud and abuse--and to streamline industry inefficiencies (Office of Civil Rights, 2003). However, one specific clause in title II part C, titled "Administrative Simplification," has had implications beyond the original intent of the act. This clause is referred to as the Privacy Rule; it was effective on October 15, 2002, and is responsible for much confusion and widespread controversy (Kuczynski & Gibbs-Whalberg, 2005), especially in collegiate sport settings.

"Standards for Privacy of Individually Identifiable Health Information" is the Privacy Rule (45 CFR parts 160 and 164). The Privacy Rule implements the privacy requirements of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996. The Privacy Rule was added to the legislation at the request of the insurance industry. It was intended to be a confidentiality provision--controlling the use and disclosure of health information--by establishing for the first time a set of national standards for the protection of personal health information. Before the enactment of this act, an individual's health information was readily available and able to be shared among insurance companies. The resulting effect of this ethically questionable, yet legal, sharing of health information was across-the-board rejections of many persons who requested, and often needed, health insurance.

The Department of Health and Human Services is responsible for the enforcement and implementation of HIPAA. Being a federal agency, its power is far-reaching and at times intimidating. The passage of HIPAA and more specifically of the Privacy Rule has had an immediate impact on sporting organizations and personnel, especially with the normative method by which injuries are reported and information concerning athletes is released. The challenge facing sport professionals is determining if HIPAA applies to them, and if it does, establishing protocol for performing their duties adequately while being in compliance with the federal regulations. This paper will identify issues with the HIPAA Privacy Rule and suggest methods with which sport professionals can cope with these issues.

Operational Definitions

Personal health information is defined by HIPAA as individually identifiable health information. This includes any demographic or personally identifiable data relating to physical or mental health conditions, as well as information relating to the provision of health care and payment; however, patient information that is redacted for identifiable information is not subject to HIPAA guidelines (Jones, 2003). The Privacy Rule (also known as "Standards for Privacy of Individually Identifiable Health Information") is in title 45 of the Code of Federal Regulations, part 160 and subparts A and E of part 164. The full text of the Privacy Rule can be found at the HIPAA privacy website of the Office for Civil Rights, http://www.hhs.gov/ocr/hipaa.

The Privacy Rule specifies that all covered entities follow five steps to ensure the privacy of patients' health information (Dolan, 2003):

1 Notify patients about their rights and inform them of how their information will be used.

2 Adopt and implement privacy procedures.

3 Train employees on privacy procedures. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

The Impact of the HIPAA Privacy Rule on Collegiate Sport Professionals
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.