2020 Coaching Carousel

[PhatOrange]

College football programs are masterful at using the word when it doesn't apply to avoid responsibility.

From HHS: "It generally limits release of information to the minimum reasonably needed for the purpose of the disclosure."

Saying "Joe has COVID and you were standing next to him" doesn't violate HIPAA because it's a necessary disclosure and doesn't say anything more than that.

Also, HIPAA only applies to Healthcare Providers, Insurance Agencies, and other medical clearinghouses.

It's not wrong and you're making up the quotes. Nowhere in your links does it say that. You're example would violate HIPAA. A school superintendent, a coach, an athletic director, can not email the district (or the parents in the classroom) and say Joe in the 5th grade class tested positive for covid. Your example quote is what a contact tracer would do. Contact the person standing next to Joe and they're also very careful to not say Joe. They would just say you've been exposed.

The "limiting release of information to the minimum reasonably needed for the purpose of the disclosure." Just means the people who need to know can be told. As in the Superintendent and the school nurse or others admins in charge. But that still doesn't give you license to tell the whole school or the whole team.

 

[LeMoyneCuse]

It's not wrong and you're making up the quotes. Nowhere in your links does it say that. You're example would violate HIPAA. A school superintendent, a coach, an athletic director, can not email the district (or the parents in the classroom) and say Joe in the 5th grade class tested positive for covid. Your example quote is what a contact tracer would do. Contact the person standing next to Joe and they're also very careful to not say Joe. They would just say you've been exposed.

The "limiting release of information to the minimum reasonably needed for the purpose of the disclosure." Just means the people who need to know can be told. As in the Superintendent and the school nurse or others admins in charge. But that still doesn't give you license to tell the who school or the whole team.

Okay, fine. I'll back off the naming of the person. But the university didn't bother saying to players "You were around SOMEONE who had COVID" and hid behind it saying it would violate HIPAA to do so. And that's where the BS comes in.

Also, I'm not a lawyer, but it's pretty clear that HIPAA doesn't apply to educational institutions the way you think it does.

 

[Shrmdougluvr]

It's not wrong and you're making up the quotes. Nowhere in your links does it say that. You're example would violate HIPAA. A school superintendent, a coach, an athletic director, can not email the district (or the parents in the classroom) and say Joe in the 5th grade class tested positive for covid. Your example quote is what a contact tracer would do. Contact the person standing next to Joe and they're also very careful to not say Joe. They would just say you've been exposed.

The "limiting release of information to the minimum reasonably needed for the purpose of the disclosure." Just means the people who need to know can be told. As in the Superintendent and the school nurse or others admins in charge. But that still doesn't give you license to tell the whole school or the whole team.

For students, FERPA controls (and other state laws may also be applicable). FERPA is like HIPAA but it pertains to student records, as LeMoyneCuse is correct in that HIPAA generally does not apply to educational institutions.

Also, the law is always structured on what you "may" disclose. There is no mandate that you disclose publically someone's health information, and it is certainly frowned upon for lots of reasons. As for outing someone, the local DOHs find out who has tested positive and who are the close contacts, and they take it from there. The University or school would have nothing to do with that.

Okay, fine. I'll back off the naming of the person. But the university didn't bother saying to players "You were around SOMEONE who had COVID" and hid behind it saying it would violate HIPAA to do so. And that's where the BS comes in.

Also, I'm not a lawyer, but it's pretty clear that HIPAA doesn't apply to educational institutions the way you think it does.

But FERPA does ... at least with respect to students, and sometimes (rarely) HIPAA may too.

 

[LeMoyneCuse]

For students, FERPA controls (and other state laws may also be applicable). FERPA is like HIPAA but it pertains to student records, as LeMoyneCuse is correct in that HIPAA generally does not apply to educational institutions.

Also, the law is always structured on what you "may" disclose. There is no mandate that you disclose publically someone's health information, and it is certainly frowned upon for lots of reasons. As for outing someone, the local DOHs find out who has tested positive and who are the close contacts, and they take it from there. The University or school would have nothing to do with that.


But FERPA does ... at least with respect to students, and sometimes (rarely) HIPAA may too.

To the letter of the law, would an institution lose a HIPAA or FERPA related lawsuit for enacting contact tracing?

 

[PhatOrange]

For students, FERPA controls (and other state laws may also be applicable). FERPA is like HIPAA but it pertains to student records, as LeMoyneCuse is correct in that HIPAA generally does not apply to educational institutions.

Also, the law is always structured on what you "may" disclose. There is no mandate that you disclose publically someone's health information, and it is certainly frowned upon for lots of reasons. As for outing someone, the local DOHs find out who has tested positive and who are the close contacts, and they take it from there. The University or school would have nothing to do with that.


But FERPA does ... at least with respect to students, and sometimes (rarely) HIPAA may too.

Thanks for the clarity.

 

[Shrmdougluvr]

To the letter of the law, would an institution lose a HIPAA or FERPA related lawsuit for enacting contact tracing?

I dont really know much about HIPAA. For FERPA, there is no private right of action (can't sue a school for improperly disclosing records). A complaint can be filed with the USDOE and they then investigate, with possible recourse including monitoring by DOE or even withholding of federal funding.

Generally, releasing specific names is really frowned upon though because, despite the merits, it courts lawsuits and opens up an entity to potential liability for other claims.

 

[LeMoyneCuse]

I dont really know much about HIPAA. For FERPA, there is no private right of action (can't sue a school for improperly disclosing records). A complaint can be filed with the USDOE and they then investigate, with possible recourse including monitoring by DOE or even withholding of federal funding.

Generally, releasing specific names is really frowned upon though because, despite the merits, it courts lawsuits and opens up an entity to potential liability for other claims.

Appreciate the insights!

I took it too far by saying a name. That said, is it an "invasion of privacy" if the players were told there was a COVID case without naming who, even if it was obvious to everyone, when it presented a public health concern?

 

[FasterCuse]

Seems like a great topic for the OT forum...

 

[CuseLegacy]

 

[Frozen]

Looks like Greg Adkins is going to S. Carolina.

 

[OrangeXtreme]

 

[orangepassion]

Seems like a lateral move. Also seems like Maryland is starting to fall apart.

 

[OrangeXtreme]

 

[Cusefan69]

ESPN reporting Northwestern has signed Fitzgerald to a 10 year deal. The new AD has not been hired yet. Wow. Gotta presume the future AD is already an associate AD at Northwestern.

 

[Frozen]

Former SU tight ends coach Jake Moreland is leaving Western Michigan to become the NY Jets assistant OL coach. I wonder if Lester fills the job with someone we’re familiar with.

 

[OrangeXtreme]

 

[Frozen]

Wolfgang Shafer named DB coach at Marietta College.

 

[kcsu]

Honey im not sure about John or Thomas as names. What do you think about Wolfgang?

 

[GreekFreak]

Honey im not sure about John or Thomas as names. What do you think about Wolfgang?

It worked for Eddie and Valerie.

 

[Shrmdougluvr]

Honey im not sure about John or Thomas as names. What do you think about Wolfgang?

Wolfgang's a bit older, but those names (John and Thomas) arent really popular anymore. I have two sons (grades 5 and 2) and they dont know a single kid named Patrick. Half the Irish kids i knew growing up were Patrick.

 

[qdawgg]

If they do know a John or Thomas its probably spelled:

Jahnohan

Tomaise

And don't screw up the pronunciation of those the first time because you're a moron if you can't figure out those are John and Thomas.

 

[TexanMark]

Former SU tight ends coach Jake Moreland is leaving Western Michigan to become the NY Jets assistant OL coach. I wonder if Lester fills the job with someone we’re familiar with.

Macky?

 

[TexanMark]

I'm thinking SU has their new OL coach identified internally...I bet he is announced after NSD

Got to Hand it to SU

 

[Frozen]

 

[PhatOrange]

I'm thinking SU has their new OL coach identified internally...I bet he is announced after NSD

Got to Hand it to SU

Under the circumstances, Herb Hand would have to be considered a home run, no ?