Article 40Access To Personnel And Medical Records
Section 1. Personnel Records
Each Club will within seven (7) days after a written request of any player, permit the player to inspect and copy his individual personnel file and any other document which objectively relates to his performance and which in turn relates to any grievance. Each Club may, at its discretion, exclude from an individual player’s personnel file attorney-client privileged material, subjective coaching and scouting reports, or any other subjective material. This Section 1 shall not affect the player’s rights under any grievance procedure.
Section 2. Medical Records(a)
A player may examine his medical and trainers’ records in the possession of the Club or Club physician two times each year, once during the preseason and again after the regular season. Any player or former player may obtain a copy of his medical or trainer’s records without charge upon request during the offseason. A player’s personal physician may, upon presentation to the Club physician of an authorization signed by the player, inspect the player’s medical and trainers’ records in consultation with the Club physician or have copies of such medical and trainers’ records forwarded to such player’s personal physician. Upon request by the player or player’s personal physician as described in this Subsection, such records shall be provided as soon as possible, and in no event later than seven (7) business days from the receipt of the request.(b)
To the extent that a player’s medical or trainer records contain information that is subject to the Health Insurance Portability and Accountability Act of 1996 (as amended and as implemented through regulations) or other applicable laws, nothing in this Section shall be construed to restrict a player’s right to access his information under such laws.(c)
All NFL Players and prospective players shall be required to execute the medical record authorizations attached hereto as Appendix S every year. Players not yet employed by an NFL Club should execute these authorizations at the initiation of their employment. Players who are already on a Club roster should execute these authorizations as part of their annual preseason physical examination.
Section 3. Electronic Medical Record System
The NFL shall maintain an online, 24hour electronic medical record system. Starting with the 2021 NFL Season, in order to ensure a comprehensive medical record exists for every player, including records related to Article 41, each Club shall provide a summary listing taken from the player’s Electronic Medical Record (“EMR”) of every Club physician-diagnosed medical condition evaluated and treated by any Club physician during the immediately preceding season and any Club physician-prescribed medications given during the immediately preceding season (the “Summary Report”) This Summary Report shall be provided, in written and electronic formats to the player’s home and e-mail addresses contained within the EMR, within 30 days of the last game of the Club’s season, for all players who were on its roster at any time during that season. The Summary Report will contain the information in Appendix BB (with non-material modifications to the format as necessary). Under no circumstances will a Club be responsible for including any diagnosed medical conditions evaluated and treated by or under the direction of another Club’s physician in the Summary Report. The Summary Report will be generated solely based on the information contained in the Electronic Medical Records and may include non-workplace conditions, illnesses and injuries suffered by the players outside the course and scope of employment. The Club may elect to include additional medical information in its discretion. The NFL will continue to cause the EMR System to be republished within 30 days after final roster reduction, and within 30 days after the Super Bowl. The NFLPA is responsible for maintaining accurate and current email addresses and mobile telephone numbers for the purposes of this Article. Players shall have the right to authorize the Club to provide a copy of the Summary Report to the NFLPA. The parties will agree on a reasonable process to obtain authorization from players to share a copy of the Summary Report with the NFLPA.