9 replies to this topic

[dirtstudent2]

Another thread brought up concern about not hearing anything about an injured drivers condition at Mercer Raceway Park. I was there and I heard it announced over the loud speaker, the drivers condition could not be told because of HIPAA laws.

I just looked into it on the net and this is what I found.

"In January 2013, HIPAA was updated via the Final Omnibus Rule.[35] Included in changes were updates to the Security Rule and Breach Notification portions of the HITECH Act. The greatest changes relate to the expansion of requirements to include business associates, where only covered entities had originally been held to uphold these sections of the law."

http://en.wikipedia....bus_Rule_Update

I think drivers are considered private contractors and it would make them "business associates" per HIPAA law. If my assumption is true, when a track provides care for a driver or anyone else, they must keep private information about the care. If not they run the risk of being sued, for hard times and problems the injured may have, because of making the injuries public.

I'm not interested in reading more on it, but if anyone does want to read more I found the url to where I think it was recorded in our Federal Register. Below is the link.

http://www.gpo.gov/f.../2013-01073.pdf

I personally know of drivers who have raced under a false name. They did so because if it became publicly know they were racing, they could loose their job or health insurance. The story goes on about a driver who did get injured, but reported to their employer about falling off a ladder.

I suspect if the same happened now and the nature of the injuries became public through a track, the injured could sue the track for loss of a job and benefits. Would the driver win the law suit or not would be determined by the courts. But just the potential legal expense, would be enough to make them follow the law.

[scruffy1a]

Another thread brought up concern about not hearing anything about an injured drivers condition at Mercer Raceway Park. I was there and I heard it announced over the loud speaker, the drivers condition could not be told because of HIPAA laws.

I just looked into it on the net and this is what I found.

"In January 2013, HIPAA was updated via the Final Omnibus Rule.[35] Included in changes were updates to the Security Rule and Breach Notification portions of the HITECH Act. The greatest changes relate to the expansion of requirements to include business associates, where only covered entities had originally been held to uphold these sections of the law."

http://en.wikipedia....bus_Rule_Update

I think drivers are considered private contractors and it would make them "business associates" per HIPAA law. If my assumption is true, when a track provides care for a driver or anyone else, they must keep private information about the care. If not they run the risk of being sued, for hard times and problems the injured may have, because of making the injuries public.

I'm not interested in reading more on it, but if anyone does want to read more I found the url to where I think it was recorded in our Federal Register. Below is the link.

http://www.gpo.gov/f.../2013-01073.pdf

I personally know of drivers who have raced under a false name. They did so because if it became publicly know they were racing, they could loose their job or health insurance. The story goes on about a driver who did get injured, but reported to their employer about falling off a ladder.

I suspect if the same happened now and the nature of the injuries became public through a track, the injured could sue the track for loss of a job and benefits. Would the driver win the law suit or not would be determined by the courts. But just the potential legal expense, would be enough to make them follow the law.

In summary, you don't want the track to announce a driver's condition - just in case he wants to commit insurance fraud. Somehow, I don't think that's the objective of HIPAA.

[dirtstudent2]

In summary, you don't want the track to announce a driver's condition - just in case he wants to commit insurance fraud. Somehow, I don't think that's the objective of HIPAA.

You said I don't want the track announcer to do it. I personally don't care one way or another.

I heard the announcement and thought it was odd. I was and am still sitting on my butt being newly retired drinking coffee, with nothing better I wanted to do, so I did my best to look it up on the web.

I passed on what I found, that's all. The story about racers not using their real names is true and I did not hear about them second hand.

I my opinion, your summary of what I wrote is incorrect. I tried to just post help to information, without expressing an opinion about it. Read into it anything you like and throw it back at me. Sorry I again started to post on this site and I again can't handle the crap on here. Have your fun and games.

[spike]

In summary, you don't want the track to announce a driver's condition - just in case he wants to commit insurance fraud. Somehow, I don't think that's the objective of HIPAA.

Insurance fraud? Go get'em Gumshoe.

Edited by spike, 16 April 2014 - 02:49 PM.

[brian44mracing]

No, that is not the objective of HIPPA. I am a nurse in an physicians office and work with this law every day. The only people at a racetrack obligated to keep the information contained under hippa is the paramedics themselves. In other word, if Joe Schmoe is walking around the crash scene and hears something or sees something he can report it to anyone he feels like. Track announcer included. Now, with that said, if the paramedics were to give information to someone not associated with the care they have violated the Hippa law. However, if it is then reported to the announcer then conveyed to the fans it is not covered under the law. Dont necessarily agree that everyone should know a drivers condition but it is simply not true that the track cannot tell you about a drivers condition. Again, I dont think we as fans need to know all the gory details. But a simple he was awake and moving his toes or something is perfectly legal as long as it comes from a non medical personnel.

[scruffy1a]

Insurance fraud? Go get'em Gumshoe.

Yes, insurance fraud. If someone is injured driving a race car and claims to have fallen off a ladder, that is a fraudulent claim. If you had insurance, you would be opposed to this practice, as it raises the premiums for those of us with medical insurance. Obama thanks you for your votes. And your pets' votes.

[snooky]

IF an announcement is to be made, it MUST be factual. I wad at a track on Saturday nite and it was announced that a certain driver had broken his back in a crash the night b4. The next morning, I saw him in church.

[spike]

Yes, insurance fraud. If someone is injured driving a race car and claims to have fallen off a ladder, that is a fraudulent claim. If you had insurance, you would be opposed to this practice, as it raises the premiums for those of us with medical insurance. Obama thanks you for your votes. And your pets' votes.

Voter fraud Go get'em again Gumshoe.

[The Legend]

IF an announcement is to be made, it MUST be factual. I wad at a track on Saturday nite and it was announced that a certain driver had broken his back in a crash the night b4. The next morning, I saw him in church.

You can have a broken back and move around fine

[3799]

No, that is not the objective of HIPPA. I am a nurse in an physicians office and work with this law every day. The only people at a racetrack obligated to keep the information contained under hippa is the paramedics themselves. In other word, if Joe Schmoe is walking around the crash scene and hears something or sees something he can report it to anyone he feels like. Track announcer included.

Now, with that said, if the paramedics were to give information to someone not associated with the care they have violated the Hippa law. However, if it is then reported to the announcer then conveyed to the fans it is not covered under the law.

Dont necessarily agree that everyone should know a drivers condition but it is simply not true that the track cannot tell you about a drivers condition. Again, I dont think we as fans need to know all the gory details. But a simple he was awake and moving his toes or something is perfectly legal as long as it comes from a non medical personnel.

Under recently enacted changes to HIPPA rules, business associates and their subcontractors must now comply with the HIPAA rules in the same manner as covered entities. Any entity that "creates, receives or transmits” PHI (protected health information) on behalf of a covered entity may now be held directly liable for impermissible uses/disclosures. Business associates and subcontractors must conduct risk assessments under the HIPAA Security Rule. As the racetrack is providing insurance for competitors, they are covered under this new regulation because information is shared with care provider and the insurance agent of the racetrack.
The only person I would trust to give me accurate information are the paramedics. I don't really care who wants to relay info even if they have the best of intentions. When a driver is okay and the paramedics tell me that, I will make an announcement about their condition, usually something like "He is out of the car and walking around, or he walked into the ambulance where he will get a check up back at his pit. If the driver is going to be transported I will say they are being transferred, but nothing else."

Edited by 3799, 16 April 2014 - 08:49 PM.