NFL Collective Bargaining Agreement

Article 39
Players’ Rights To Medical Care and Treatment

Section 19(c)(i)
Behavioral Health Program

(c)(i)

Confidentiality: Any Mental Health Records (as defined above) that the Team Clinician creates when providing mental health services shall be considered protected health information (“PHI”) and subject to HIPAA. The Team Clinician may only disclose such PHI as permitted by HIPAA. For the avoidance of doubt, the Team Clinician may NOT share any details regarding treatment provided to a Player with any member of the Club, other than with the Head Team Primary Care Sports Medicine Physician when medically necessary to provide treatment to the Player. All materials that contain PHI, including but not limited to, player files, notes, etc. left at the Club facility, must be stored in a secured location that cannot be accessed by other Club personnel. In the event any records created by the Team Clinician when providing mental health services are not deemed to be PHI and thereby not subject to HIPAA, the Parties hereby agree that such records will remain confidential. Subject to the Parties’ review, satisfaction and approval of the necessary procedures for the protection and limited disclosure of prescription drug information, the records and information relating solely to a clinical diagnosis and/or prescriptions issued by the Team Clinician (i) may be shared with the Head Team Primary Care Sports Medicine Physician solely for purposes of medical treatment and identifying drug interactions, and (ii) shall be maintained electronically in the Player’s NFL EMR, in a confidential mental health record section. The Team Clinician shall be responsible for informing the Player of the same. Specifically, prior to providing consultations or services to any Player, the Team Clinician shall inform the Player that (1) Mental Health Records relating to a clinical diagnosis and/or prescriptions issued may be shared with the Head Team Primary Care Sports Medicine Physician solely for purposes of medical treatment and identifying drug interactions and (2) the same would be maintained in the Player’s NFL EMR in a confidential mental health record section.