New federal law puts gag order on injuries Medical info on athletes won’t be given

Reporting on the condition of injured athletes has always been a staple of sports journalism. A federal law that took effect Monday makes that information more difficult to obtain.

The University of Maine athletic department has announced that because of the implementation of the Health Insurance Portability and Accountability Act (HIPAA), it will no longer release a student-athlete’s medical information to the media or any outside entities.

UMaine representatives, including coaches, athletic trainers and student-athletes, will be prohibited from discussing health information pertaining to Black Bear student-athletes.

“Coaches and team personnel will not be able to answer questions related to injuries in the way to which we are all accustomed,” explained Paul Bubb, UMaine’s senior associate athletic director. “Additionally, a student-athlete may choose not to divulge an injury or illness…”

The law, which carries fines and possible imprisonment for violations, applies not only to UMaine but to all colleges and universities, hospitals and other health care providers. Federal funding also can be reduced or withheld from entities that violate the law.

In general, HIPAA’s health privacy rules are intended to provide consumers with assurances that their health information will be properly protected. Under the privacy rules, health plans, health care clearinghouses, and certain health care providers, including college athletic trainers, must guard against misuse of individuals’ identifiable health information and limit the sharing of such information.

Consumers also have been given significant new rights to enable them to understand and control how their health information is used and disclosed.

Pete Lefresne, UMaine’s interim director of athletic media relations, said the university, through its legal counsel, has since last fall been examining the law and what measures would be necessary to make sure it would remain in compliance. Because of the complexity of the law and how it pertains to collegiate athletics, UMaine has opted to take the most conservative approach to avoid possible violations.

“It’s not easy to understand,” Lefresne said of the HIPAA. “I think what most universities have done is decide to err on the side of caution.”

Lefresne said UMaine’s policy is similar to those put in effect as early as last fall at Atlantic 10 schools such as Massachusetts and Hofstra.

Coaches will now be unable to talk about player injuries, regardless of when they occur, or their severity. Now, the only way to obtain injury information about student-athletes is to ask them directly. It is up to them how much information, if any, they are willing to divulge.

HIPAA does, in fact, provide the opportunity for universities to release of medical information on a case-by-case basis. However, it requires schools to seek specific written authorization from student-athletes for each injury occurrence.

UMaine, which fields some 350 varsity student-athletes, feared it might become overwhelmed by the logistics of having to bring in student-athletes to sign a waiver for every ankle sprain and sore shoulder.

The only concession provided by UMaine was that it may release information, at an appropriate time, about how long a student-athlete’s injury might keep him or her from participating in athletic competition. Such a move would first require a signed waiver from the student.