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.
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.
Author