Sport Law Ch. 4 Risk Management – Flashcards

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The primary goal of a ___________________________________ is to develop comprehensive, written contingency plans based on existing resources and operational capabilities that will enable managers to effectively respond to a crisis.
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crisis management plan
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Formulate a planning committee; Identify the significant possible risks and crises; Develop an action plan for crisis response
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Developing A Crisis Management Plan (CMP)
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Components in Developing Plan
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Personnel Issues, Facility Issues, Emergency Equipment, Emergency Action Plan, Communication Issues, Post-Crisis Issues, Documentation, Follow-up Procedure
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Two phases in personnel preparation
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person in charge and specify duties and responsibilities
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Two phases in personnel preparation: The person in charge of the activity must educate the personnel on what immediate steps to follow in the event of a crisis and Prepare personnel as to what subsequent actions to take in the crisis situation - specify duties and responsibilities.
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personnel issues
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Three Facility Issues
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Develop evacuation procedures, Identify EMS meeting location, Clearly identify location
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Facility Issues - Clearly identify location of:
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Emergency Exits, Gas, Power, Water Shut off Valves, Alarm System, Back-up Power Systems, Main Electrical Panels, Fire Hose and Extinguishers
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Identify types of equipment available and Identify where it is stored and who will have access to it
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Emergency Equipment Issues
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Identify types of equipment available:
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communication equipment, Fire fighting equipment, First aid kits, Backboards and defibrillators
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Personnel educated to render emergency care; Procedures for calling EMS and incident reporting systems; Communication plan for notifying parents; Follow-up approach; Personnel should know who to contact and how to contact them depending on what crisis is
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Emergency Action Plan
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Communication Issues: Two major aspects of effective communication are necessary
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Immediate notification of proper authorities; Quickly communicate with constituencies
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Determine who will meet with staff for debriefing; Have plans for dealing with emotional and mental health; Have procedures of communicating with immediate families of all victims; If possible provide psychologists or mental health professionals.
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Post-Crisis Issues
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Determine who completes what reports; Establish policies for filing and retaining reports; Media spokesperson should follow up with media; Follow-up with victims, families, classmates, teammates, friends, and staff; Evaluate CMP and modify if necessary
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Documentation & Follow-up Procedures
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Analysis and critique plan Develop final CMP: send copy to all affected parties Train staff periodically Test in real life conditions Retain all forms of documentation of CMP rehearsal
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Testing Crisis Management Plan
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Identify and explain the main components of a Crisis Management Plan
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is a tool to assist in providing a safe and enjoyable environment for their guests
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Crowd Management Plan
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An effective crowd management plan should address:
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Foreseeability; Managing the movement and activities of guests; Assisting in emergencies; Assisting guests with specific concerns related to their visit to the facility
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Trained and competent staff; Crisis management and emergency action plan; Procedures for handling disruptive, unruly or intoxicated patrons; Effective communication network; Effective signage; Implementation and evaluation of plan
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Important Elements of A Crowd Management Plan
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first line of defense for crowd management.
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Ticket Takers
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employed to identify and turn away prohibited items.
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Screeners/Searchers
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customer service personnel for the facility or organization
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Ushers
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trained to handle unruly crowds
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Peer-group/T-shirt security
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Trained and Competent Staff
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Ticket Takers, Screeners/Searchers, Ushers, Peer-group/T-shirt security
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are necessary to ensure that minor incidents do not become major incidents and that major incidents do not become fatal
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Crisis management and emergency action plan
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should be established that addresses both disruptive behavior and how disruptive patrons should be removed from the facility.
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Well written policies
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allows the crowd management staff to work efficiently and cooperatively to handle situations that may occur.
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An effective communication network
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should be established and located in a position that can survey the overall event
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A communication post
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Provide patrons with directions to important locations
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Directional Signs, Informational Signs
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Cite prohibited items (bottles, Etc.) and also rules of the facility
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Informational Signs
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Effective Signage
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Directional Signs
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What are some of the elements of a crowd management plan?
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what should the crowd management plan address?
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is a method by which an individual or business pays a defined expenditure to protect against the possibility of a large, undetermined future loss or expense
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Insurance
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allows an organization to manage risks by transferring them to a third party
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Insurance
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Examine all risks and potential losses; Establish an effective risk reduction program; Identify remaining risks that can be efficiently retained by business; Identify remaining risks that need to be transferred to insurance
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Determining Necessary Coverage
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Types of Insurance Coverage
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Liability Protecting Employees; Motor Vehicle Insurance; Workers' Compensation; Event Insurance; Property Insurance; General Liability Insurance/CGL; Employment Practices Liability; Umbrella Liability
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Primary means of protecting the recreation or sport business from loss due to damage or destruction of its facility, the facility contents and accompanying properties
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Property Insurance
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fire, malicious mischief, lighting, explosion, windstorm, aircraft/vehicles, sprinkler leakage, sinkhole collapse, volcanic action, vandalism, etc.
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Basic (protection against a limited hazards)
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Levels of Coverage
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Basic, Broad, Special form
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falling objects, weight of ice, water damage/flooding, smoke, etc.
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Broad (additional hazards)
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collapse, burglary/theft.
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Special Form (all risks and hazards)
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This insurance protects the business from financial loss in the event a person suffers injury or property loss as a result of the negligence of the business or its employees
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Commercial General Liability Insurance/CGL
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professional liability/malpractice liability (usually for medical facilities)
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Errors and omissions coverage
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protects from suits within an organization (e.g. injured employee sues a director)
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Cross Liability
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pollution and damage to neighboring property
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Pollution Liability
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athlete injuries
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Sports Liability policy
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Provides protection for claims dealing with: Wrongful termination, Sexual harassment, Equal pay violations, Discrimination (racial, sex, age, disability), State and federal statutes (ADA, Equal Pay Act, Etc.) are often covered as well
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Employment Practices Liability
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is a policy which greatly increases the liability protection at a reasonable cost
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Umbrella liability
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An extension policy to provide additional coverage
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Umbrella liability
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Some businesses not only purchase liability insurance to protect the business, but also to protect employees in the event of legal action for their wrongful acts
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Liability Protecting Employees
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Directors and officers liability Employee benefits liability Professional/malpractice insurance
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Liability Protecting Employees
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This is a no-fault, statutory-based insurance which provides for compensation to employees who suffer injury in the course of their employment.
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Workers' Compensation
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The worker receives compensation for lost income, both temporary and long term, and medical expenses incurred.
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Workers' Compensation
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For any event, the business should purchase additional liability insurance if the event is not included in the CGL policy of the business
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Event Insurance
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A common event liability policy would include bodily injury, personal injury, and property damage.
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Event Insurance
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Can you identify the differences in the above listed types of insurance?
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a form of strict liability
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Workers' Compensation
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It does not matter whether the injury was caused by the employee's negligence or pure accident, all the employee has to show is that they were injured in the course of employment
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Workers' Compensation
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To determine a contract for hire, the courts examine the following factors : Does the employer have the right to control or dictate the activities of the proposed employee; Does the employer have the right to discipline or fire the proposed employee; The payment of "wages" and, particularly, the extent to which the proposed employee is dependent upon the wages for his daily living expenses; Whether the task performed by the proposed employee was "an integral part" of the employer's business
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Economic Reality Test
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The injured worker receives quick financial assistance with minimal interruption in their life
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Benefits of Workers' Compensation
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In exchange for this protection, the injured worker agrees to forego any tort claim he or she might have against the employer
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Benefits of Workers' Compensation
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While every state has its own workers' compensation laws, there are two basic requirements that every injured employee must satisfy: Is the person an employee? Did the injury occur in the course of his or her employment?
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Test for Workers' Compensation
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Exceptions of Workers' Compensation
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Volunteers, Scholarship Athletes
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What are the two requirements to file a workman's compensation claim?
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What are the two exceptions to workman's compensation claims? Why?
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has been defined as: "a management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a sport business."
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Risk Management
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The goal is not to eliminate all of the risks, but rather to create an environment where the inherent risks within activities and services provided by an organization are minimized without producing a change in the activity itself.
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Risk Management
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Every organization should have a current risk management plan that is specific to them, the ____________________________ can help establish a proper risk management program
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DIM Process
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D.I.M. Process involves three steps:
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developing, implementing, managing
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three stages of developing the risk management plan
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identification, classification, treatment
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If the recreation or sport manager wants to control risks in the program, they must first identify those risks
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Identification Stage
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type of risk categories
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Public liability caused by negligence, Public liability (excluding negligence), Property exposures, Business operations
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risks of bodily injuries may include death, paralysis, brain injury, loss of limbs, internal injury, and musculoskeletal injuries.
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Public liability caused by negligence
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risks of malpractice, product liability, intentional torts, employment practices, sexual harassment, civil liberty violations
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Public liability (excluding negligence)
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risks of related to ownership or real and personal property (e.g. fire, lightning, floods, vandalism, theft)
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Property exposures
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risks of embezzlement, theft, medical conditions of employees, health of key personnel, employees accidents/injuries
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Business operations
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The purpose is to determine how often (frequency - high, medium, low) the risk may occur and the degree (severity - catastrophic, critical, moderate, low) of the potential loss arising from the risk
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Classification Stage
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high, medium, low - how often of risk
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frequency
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catastrophic, critical, moderate, low - degree of risk
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severity
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methods for treatment of risks
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avoidance, transfer, retention, reduction of risks
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Eliminate Activity
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avoidance
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Insurance; Indemnity contracts with facilities being leased AKA "Hold Harmless" agreements; Waivers - participant signs away their right to sue for negligence
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transfer
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Retain due to minor or inexpensive risks
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retention
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Inspection program; Maintenance program; Training program; Data management program
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reduction of risks
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Involve all employees in the risk management process; Use printed guidelines outlining risk reduction techniques; Utilizing a sound training program
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Implementing the Risk Management Plan
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Hiring or selecting a risk manager and a risk management committee; Provide the risk manager or committee with the authority to lead; Provide employees with the opportunity for continual input into the risk management plan
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Managing the Risk Management Plan
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Explain the D.I.M. process
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Discuss the various types of treatment of risks
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Can you manage a specific risk by its frequency and severity and then choose how to treat that risk?
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are standards, guidelines, position statements, or recommendations developed and published by professional organizations used to measure competence of a professional
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Standards of Practice
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can minimize liability associated with negligence if defendant can show he or she adhered to them - Makes it difficult to show breach of duty
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standards of practice
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If defendant does not adhere to the ___________________________, they can be sued to increase liability with negligence.
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standards of practice
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What are standards of practice?
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Three risk management tools used to reduce an organization's liability are:
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risk management plan, legal audit, facility audit
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risk management plan - Examine all potential risks in the areas of:
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Personnel, Facilities, Conduct of Activities, General Supervisory Practices, Crisis Management and Emergency Action Plans, Insurance Coverage
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involves a complete legal checkup of an organization in order to discover and minimize potential legal threats
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legal audit
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Process includes: Composing a list of areas appropriate to address; Selection of a legal audit manager and committee; Actual audit and its implementation
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legal audit
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is a systemic method of identifying all risks related to a sport or recreation facility and how to treat them
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facility audit
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broken down into three major parts: Initial Inspection, Risk Treatment, Periodic Inspections (daily, prior to each event, weekly, monthly, yearly, etc.)
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facility audit
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consists of one or more staff members who walk throughout the facility trying to identify as many potential risks or hazards as possible
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initial inspection
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should include all areas both inside and outside of the facility
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initial inspection
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Once the potential risks have been identified and prioritized, the risks must be either:
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Eliminated (avoidance); Transferred; Retained (made as safe as possible); Reduced
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Once the risk has been treated, a checklist with which to perform periodic facility inspections on a regular, on-going basis should be developed
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Periodic Inspections
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The checklist should be customized for each facility and particular situation
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Periodic Inspections
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What are the parts of a facility risk audit?
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What should be recorded on a Facility Audit/ Initial Inspections of facilities?
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A Federal law imposed on all health care organizations including hospitals, physician offices, home health agencies, nursing homes and other providers, as well as health plans and clearinghouses, that protects patient health information
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HIPAA
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Its main purpose is to make sure that Protected Health Information (PHI) is properly handled
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HIPAA
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tells us how we must process and protect our patient information
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HIPAA
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It also says that if we transmit PHI electronically, we must do it in a standard way
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HIPAA
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Under ___________ patients have new rights that we must inform them about
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HIPAA
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Who does HIPAA affect?
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all organizations that deal with a person's health information (Providers - Hospitals, Clinics and Physicians; Health Plans; Health Care Clearinghouses ; And yet, sport managers, sport administrators, educators, coaches, etc.)
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Non-Compliance with Requirements and Standards
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HIPAA fines and penalties
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Wrongful Disclosure of Protected Health information or Misuse of Identifiers (directly or indirectly)
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HIPAA fines and penalties
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Access to health information (and restricted access to information when the patient does not want it disclosed); Amendments to PHI when patients make specific written requests and those requests are granted; Accounting of Disclosures (whenever we send patient information without prior patient approval); Restrictions on Uses and Disclosures of PHI (we are obligated to safeguard patient information and keep it confidential to protect their right to privacy)
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Patient Privacy rights include
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Provides individual notice of all of the ways the organization uses and shares a patient's health information; Explains a patient's rights to confidentiality and access to his/her information; Is posted prominently in the organization and on the organization's Web site
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Notice of Privacy Practices
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HIPAA allows us to share patient information with any of the patient's health care providers without an authorization from the patient. If you are presented with an authorization to release medical information, contact the Health Information Management Department
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The Release of Patient Information
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You cannot share information with the patient's family, friends or anyone else without written authorization from the patient except
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Releasing Confidential Information
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Any information about a patient that is written, saved on a computer, or electronic media (disks, CDs, etc.), or spoken
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Protected Health Information (PHI)
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Protected Health Information (PHI). PHI includes:
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Name, Medical history, Age, Medications, E-Mail , Observations of Health, Social Security #, Medical Record Number, Address, Any Unique Identifier, Phone Number, The fact that the patient is in the hospital, Diagnosis
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Print-based medical records need to be kept in a secure area or in a safe location with access to authorized people only. (These areas should be locked when not in use). Access to those locations needs to be controlled so that we can maintain the security of records containing PHI. If you use a workstation as part of your job, a password (not to be shared) should be used to control access to PHI. If a workstation is available/viewable by non-authorized people, use a screensaver or reposition to protect the viewing of PHI. Lock cabinets that contain PHI when you leave your area.
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security
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What does HIPAA stand for?
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Health insurance portability and accountability act of 1996
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requires health care workers to use the minimum amount of patient information they need to do their jobs efficiently and effectively
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HIPAA
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Ask yourself: Do I need this information to do my job? What is the least amount of information I need to do my job?
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HIPAA
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Basics of Privacy Issues Around Student Records
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FERPA
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what does FERPA stand for
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the family educational right to privacy act
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Students must have option to opt-out of inclusion in directory: Can request that directory info be withheld as long as the student is enrolled; Requires a written request to the registrar's office
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FERPA
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Non-consensual disclosure of information prohibited under FERPA includes:
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Oral disclosure of information, Electronic disclosure of information (including via e-mail, websites, blogs, etc....), Disclosure of written information, Release of records or copies of records
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Student Consent: Must be signed and dated by the student; Must be specific as to What records or information is to be disclosed; Purpose of the disclosure; Person or persons to whom disclosure is authorized
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FERPA
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may allow non-consensual disclosure does not mean that the University is required to disclose
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FERPA
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Third parties have duties too - The University must inform anyone who receives information by consent or consent exception that the information may be used only for the purpose for which the disclosure was made and that the information cannot be re-disclosed without written consent of the student
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FERPA
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Must be made within reasonable time; Students can only access information about themselves; Right to Challenge Accuracy
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FERPA
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