Violations and Common Scenarios of HIPAA & NCAA
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was created to protect an employee’s health insurance coverage when they lose or change jobs. It also has various regulations to entact your privacy of Protected Health Information (PHI). The Health Insurance Act of 1996 is a landmark decision which is introduced to simplify the working of healthcare, eliminate unnecessary wastage & prevent healthcare fraud, and make sure that employees could retain their healthcare coverage when in the middle of jobs.
Whereas speaking about the NCAA Name Image Likeness Attorney legislation some states like (California, Colorado, Florida, New Jersey) have enacted legislation to permit student athletes to license their NIL rights. Till date more than 30 states have pending legislation that would provide student athletes with control over the value and exploitation of their Name Image Likeness rights. Still, each state has different laws and would prohibit the NCAA and the school from benefiting the student athlete from receiving NIL compensation during their college sports career.
The common scenarios for which your HIPAA attorney would assist you are as below:
- Impermissible disclosures of protected health information (PHI)
- Unauthorized accessing of PHI
- Improper disposal of PHI
- Failure to conduct a risk analysis
- Failure to manage risks and the confidentiality of PHI
- Failure to control the confidentiality & integrity of PHI
- Failure to maintain and monitor PHI access logs
- Failure to enter into agreement in a HIPAA-compliant business associate agreement with vendors prior to giving access to PHI
- Unable to provide necessary HIPAA training and security awareness training
- Theft of patient records
Since then there have been notable updates to HIPAA to improve privacy protections for patients and health plan members over the years which help to ensure healthcare data is safeguarded and the privacy of patients is protected.
If we speak about the NCAA Name Image Likeness Attorneys changing the current name image likeness rules to begin allowing athletes the right to profit from the use of their own name, image and likeness. Bwlo are few references of what student-athletes could now be paid for:
- Their autograph
- Developing and/or modeling athletic and non-athletic clothing apparel
- Promoting products and services
- Making personal appearances
Understanding both HIPAA & Name Image Likeness can land you up in non compliance and fines. But with time new regulations and changes are being introduced which your NCAA Name Image Likeness attorney & HIPAA attorney can help you comply with your business or assist you in making money through your NIL.
As it is commonly seen that having a good HIPAA attorney & NCAA Name Image Likeness attorney helps you to interpret and apply statutory rules and guide posts and assist you to new evolving models and opportunities. Having an HIPAA Attorney and NCAA Name Image Likeness attorney that understands the intricacies of the law will help you decide what the best course of action is for you. If you do feel that you have a valid case with documented damages, we urge you to contact your HIPAA attorney and file suit on your behalf as soon as possible. You have a short period of time to report such a case, after which your rights to do so will be exhausted forever.
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