The Dolphins Make Me Cry.com - Forums

JPP loses a finger.  ESPN leaks hospital records.

Did this play out like it was supposed to?

Should JPP have been forthcoming?  Did ESPN do right by tweeting the medical record?

ESPN didn't do anything wrong or break the HIPPA law. People who think they did don't understand the HIPPA law.

I think JPP is an utter moron and I don't feel sorry for him.  Schefter got news on a big story and ran with it. That's what he is paid to do. Can't fault him

I am about 50/50 on this.  No law was broken by ESPN.  But it's like buying goods that you know are likely stolen.  You're not breaking the law by stealing, but it's unethical and you're propping up illegal action.

JPP's rights were definitely violated, but not by ESPN.  ESPN did allow for it to happen, though....probably paid good money for that leak.

ESPN is wrong to be leaking anyone's confidential medical records.

I am modifying my original post, I had no idea Schefter had tweeted the actual medical record.

Actually, ESPN released someones private medical records to the public. If JPP didn't release his records to ESPN, then they are as complicit in the violation as the person who leaked his private records, especially if they paid for it. The records are private for a reason and ESPN knows this. If it was me, I would (try to) sue the shit out of ESPN and whoever leaked them. They have no business doing what they did. What if I bought the financial information and social security numbers of all of the ESPN employees and posted that info on my website. I can guarantee that I would be sued and prosecuted.

If it were herpes or some other internal malady, then I might feel more for JPP in this situation. But c'mon, Like no one would notice that JPP was missing a finger? You don't need a calculator to count to 9, folks...

The media doesn't have to follow HIPPA standards.  And even if there was a violation, it maxes out at a 50K fine, which ESPN would just pay. 

You might not agree with it, but I don't think JPP has any leg to stand on, from a strictly legal perspective.  Moral, fine -- but courts down pay out in morality.

Should be all treated the same.

So it's not illegal to buy or access someones medical records without their permission?

I generally have a hard time feeling bad for multi-millionaires, and if their medical records aren't protected, then more power to the media...

There is nothing out there saying ESPN bought this info.  A source gave it to them. Sources give reporters news and info all the time. Reporters for years have gotten medical information on famous people and presented it to the world. Hell the 8 years of the Bush administration reporters got private health news on Dick Cheney and reported it.

You're confused Dave...he doesn't have a finger to point with...

damn, you beat me to it.  I was going to go with this:

What did he have lit fireworks in his pocket, too?

He could still play right?

Personally, that kind of stuff is not worth the risk for me

There was a picture floating around of JPP's hand online, it's f'd up bad. He will play again someday....not sure if its this year. I would think at the least he starts the year on PUP.

The guy from Tampa who lost 2 fingers is in worse shape. They were worried about him just staying alive a couple days ago it was so bad.

One report said JPP bought so many fireworks the days before July 4th he had to rent a U-Haul to transport them all.

WHY  JUST WHY?????????????????????????????

His agent says he will recover in 2 months, but that's nonsense. His finger was amputated, his thumb is broken and I believe he has had skin grafts. So, that's more than 2 months there, not including the fact that he can't lift weights during this time and he needs to learn how to pass rush missing a finger now.

It's a very big deal.

JPP screwed himself financially at the very least.   From what I've read, the Giants had a 5 year, $60 million offer on the table for him.  That offer was pulled shortly after the records were made public.

Bucs C.J. Wilson lost two fingers in a fireworks accident.  Word in Tampa is he's as good as gone and they are going after his signing bonus.  It wouldn't surprise me if the Giants did it for Pierre-Paul as well.  Shooting off fireworks is considered dangerous activity which is prohibited by NFL contracts.

Buying goods that you know are likely stolen is absolutely against the law and you can go to jail for doing so. 

If you knew or should have known the property was stolen it is a crime.  If you purchase something in good faith and it is later proven to be stolen you are not criminal liable but can still be held responsible in tort to the original owner. 

Apparently, this is the type of procedure that JPP had done on his hand:

(https://pbs.twimg.com/media/CJqDs26UcAE4_xK.jpg)

The term "Simpsons hand" may or may not have been used.

Fines do not max out at $50,000.00 for a HIPAA violation, I'm not sure where you obtained this information.  In my world, a HIPAA violation could cost people millions, company and individual, along with civil and criminal prosecution.

You're speaking of a very garden variety HIPAA violation in which a person did not know, or understand, a violation was taking place.  And, here is the problem with this aspect of HIPAA law; they also state ignorance of the law is not an excuse for a violation.  A HIPAA violation with reasonable cause, but without neglect, is a minimum of 50k per violation and up to 1.5 million per. 

You can easily start getting into phases where the infractions are reviewed by the DOJ to see if the infraction / party / parties need to be held criminally liable under HIPAA (up to 10 years).   

Here is where the media is exempt, however this has been contested (and often), and straight from HIPAA guidelines:

"Offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years."

At the end of the day, releasing the information as a member of the media has been challenged several times under this clause, stating it is not for the release and betterment of knowledge of the people (which the exemption is intended for); rather it is being used to increase ratings and profit.  In ESPN's case, in particular, there was no reason to release medical information as the general public did not benefit medically from the news being released, however they benefitted from what is (basically) a loop hole in the HIPAA law.

Frankly, I'm not sure how ESPN obtained actual records, there is strict criteria is to what is allowed to be released and not released (and actual records, without a signed authorization from the patient, isn't part of it).

I attend HIPAA training quarterly, along with individual state regulation training on a regular basis.  Again, while initial fines may not seem imposing the rub is this; ignorance of the law is not an excuse, HIPAA is ultimately the judge, jury and executioner. 

But, either way, my original point...fines are higher than this - and I do feel ESPN crossed a line.  The only time reporters should be disclosing medical conditions is when general public health is at risk, not because your starting DE might not make your FF lineup.

"HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision.Jan 9, 2014"

https://www.truevault.com/blog/what-is-the-penalty-for-a-hipaa-violation.html

Trivia - name to the only two characters on the Simpsons with 5 fingers. 

I know one of them is God.  I can't recall if Jebus made an appearance long enough to even notice his fingers.

Right, so you could see they weren't 50K as a blanket (IE "each time HIPAA is violated we can just pay a 50K fine and be done w/it").  That was a jump point, and subjective.

Maine, unless that article is wrong, it appears to be saying that the maximum fine for one violation is indeed $50k, with a maximum penalty per year of $1.5 million (over multiple violations of the same type).