4 Legal Issues Collegiate Athletics 1 (2002-2003)

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A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Atlietics


Colleges Get Their HIPAA Shot Early


  14744(44L...
Collegiate  Athletics
News  in Brief    .......... 2

Focus   On:
Recruiting   Violations
NCAA  Punishes  Colorado;
Decries 'Bumping' ............ 4
University of Washington
Punishes Assistant
Basketball Coach ............. 4
Conference  Update  ......  5

More  Important Cases
University Must Consider
Swimmer   Eligible, Despite
Contrary NCAA  Finding ........ 6
Case Turns on Whether
Student-Athlete is
University Employee ........ 6
Guidance  Counselor Entitled
To Qualified Privilege ..... 7
College, Not Tennis Academy,
Controlled Premises Where
Player Was Injured .......... 7

Title IX Compliance
Update  ................   10





      USF Must  Review
    Coach's  Termination
    SA   Second  Time_

           Page  3


   The University ofMontana an-
nounced last month that it would no
longer disclose the health status of
student-athletes, becoming the latest
university to respond to the imminent
arrival ofthe federal Health Insurance
Portability and Accountability Act of
1996.
   Two prominent school that have
already stopped disclosing the health
status of student-athletes are the
University ofFlorida and the University
ofTexas.
   HIPAA  was introduced with the
mission of making sure that employees
who changed or lost theirjobs would
continue to be able to obtain health
insurance coverage. One of the ways it
seeks to accomplish this is by protect-
ing the privacy ofpatient information
andrecords.


   The NCAA  Division I Board of
Directors has approved a package of
reform measures that will affect both
initial and ongoing eligibility require-
ments. According to the NCAA, the
ultimate objective of the new stan-
dards is higher graduation rates for
student-athletes.
   Robert Hemenway, the board
chairman and the chancellor of the
University ofKansas, said in anNCAA
press release, We aren't guessing at
what the results from these standards
will be. If you [the student-athlete]
continue to meet the academic profile


   Are colleges and universities
overreacting? HIPAA does not go into
effect until the spring of 2003, and it
seems to apply only to health care
entities and employers.
   FletcherH. Brown, an Austin,
Texas-based healthcare lawyer who
specializes in HIPAA, says it makes
sense to prepare now for the law.
   We're seeing this at entities all
over the board, not just at colleges and
universities, Brown said. Nobody
wants to wait until April. Administra-
tors believe they need to have policies
and procedures in place to make sure
they work.
   As for why HIPAA applies to
colleges and universities, Brownnotes
that they are considered covered
entities because they not only main-
                 See HIPAA on page 9


in your first, second, third, fourth and
fifth year, you will be on track to
graduate. Ifyou don't meet the
academic profile, you won't be
participating in college sports.
   Some  of the proposals adopted by
the board include:
N   Increasing the required number of
    high school core courses student-
    athletes must take in order to
    participate in intercollegiate sports
    as college freshmen from 13 to 14.
    Students must have obtained at
    least a 2.0 grade-point average in
               See REFORM on page 9


@ 2002 Oakstone Legal & Business Publishing, Inc. For reproduction information call the Copyright Clearance Center.at (978) 750-8400 or visit www.copyright.com.


Digitized from Best Copy Available


NCAA Approves Package of Academic Reforms


November2002


Volume  4, Issue 1

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