If you are an athlete who is trying to find a way to market your identity on social media or someone who is running an organization you are likely a subject to the Healthcare Insurance Portability and Accountability Act (HIPAA) & (NCAA) Name Image Likeness Act, it is recommended you review our HIPAA & NCAA compliance checklist 2021 in order to ensure you comply with them.
Firstly we will speak about HIPAA Compliance. So the question that we first need to ask is whether the law firms attorneys and other providers of legal services subject to HIPAA? The definition of business associate under HIPAA’s regulations expressly includes HIPAA attorneys who perform legal services for a HIPAA-covered entity (for example, a health plan), if the HIPAA attorneys are not members of the covered entity’s workforce. For purposes of HIPAA’s privacy and security requirements, the definition applies if the legal services provided involve disclosure of PHI from the covered entity (or from another business associate) to the attorney. In other words, HIPAA attorney is that does not create, receive, or have access to PHI is not a business associate. For example, an attorney who provides legal services to the plan in reviewing a benefits claim would likely be a business associate if the claim involves PHI. The HIPAA attorney who is a business associate must comply with HIPAA’s requirements as applicable to business associates (for example, by providing satisfactory assurances to the covered entity that it will safeguard PHI).
Now let’s talk about NCAA Name Image Likeness Attorney. Six states have enacted NIL legislation,[1] another 27 states have proposed NIL legislation,[2] the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its own set of NIL rules. Idaho’s NIL law and the NAIA rules are already in effect. Florida’s NIL laws will go into effect on July 1, 2021. The other states’ NIL laws will go into effect between 2023 and 2025. The NCAA proposed rules, if adopted in January 2021, are expected to become effective August 1, 2021.
A good NCAA Name Image Likeness attorney can assist you with understanding, instilling “best practices,” and complying with the evolving Name Image Likeness legislation and rules that may affect you, your student-athletes, and your school, including by:
(a) Developing policies to manage potential liability to schools, athletic departments, and athletic directors;
(b) Drafting and implementing policies and practices that mitigate against the loss of recruits or student-athletes;
© Working with you and your school to develop transparent policies that reflect the school’s values and comply with the NIL laws and rules;
(d) Reviewing existing contracts and negotiating new agreements that are consistent with your school’s values and that protect existing and new sponsor relations; and
(e) Creating educational programs to advise student-athletes on professional services and contracts that they will encounter in exploiting their NIL.
(f) Consulting with NCAA Name Image Likeness attorney before engaging in any business venture is always recommended whether you are an athlete or a layperson. Engaging in the business of monetizing your NIL is no exception especially because of very real NCAA compliance and eligibility considerations.
(g) If you have been accused of some type of NCAA misconduct, an NCAA Name Image Likeness attorney from our firm can step up to the plate to provide assistance.
These laws and rules have common features in addition to prohibiting schools and athletic associations from penalizing student-athletes who seek compensation for the use of their NIL rights. There are also significant differences among them. These differences affect the risks for schools and decision-makers. Now is the time for athletic directors and their schools to plan for compliance with these new rules and regulations, especially because the proposed NCAA rules require schools to manage both the school’s and the student athlete’s compliance. Athletic directors will be facing new challenges affecting:
Your NCAA Name Image Likeness Attorney can assist athletic directors and their schools in identifying and interpreting the applicable laws and rules, helping to determine their effect, and how athletic directors and their schools can minimize risks in this evolving field.
We hope that you have received some knowledge on how exactly Your NCAA Name Image Likeness Attorney & HIPAA Attorney can assist you and save you from unnecessary compliance hassle.
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