What effect does HIPAA have on rally?
Bottom line: rallies are in no way bound by any aspect of the HIPAA patient privacy rules.
There are only certain entities that HIPAA privacy rules apply to, as set forth in the law. These are:
- Health Plans (for example, Blue Cross/Blue Shield and Medicaid)
- Health Care Providers (for example, a hospital)
- Health Care Clearinghouses (for example, a third party insurance processing company)
This summary can be seen on this official .gov site. For anyone wanting to read the law itself, here's the full text of the law on the official .gov site
So, maybe the rally is a "Health Care Provider"? After all, the rally provides the ambulances, right? No. Section 1171.c says that health care providers are as defined in the Social Security act 1861.u. Here's the text from 1861.u, which you can read for yourself on the official .gov site. Here is the full text of section u:
"(u) The term “provider of services” means a hospital, critical access hospital, skilled nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, or, for purposes of section 1814(g) and section 1835(e), a fund."
As you can see, a rally event, rally organization, rally volunteers, rally officials, sanctioning bodies, and even the medical people staffing a rally, don't fall under the definition of a "Health Care Provider".
Rally radio nets should transmit car numbers, racer names, or any other information which speeds up the process of getting aid to injured racers. Radio should refrain from transmitting extraneous information about the condition or status of the racer not because it is illegal in any way, but rather because it is both the best way reduce the traffic on the net and, should severe injury be present, the polite thing to do.