There was some sad news from the sports world today as several news outlets reported that New York Giants defensive end Jason Pierre-Paul, following an Independence Day weekend fireworks accident, had his right index finger amputated.
The news was reportedly broken by ESPN’s Adam Schefter, even before the Giants organization had been informed.
Giants DE Jason Pierre-Paul finger amputated today. Medical source expects him to play this season, "sooner than people think."
— Adam Schefter (@AdamSchefter) July 8, 2015
While some speculated on the future of Pierre-Paul’s career, others were more curious just how Schefter got his information and managed to send HIPAA trending on Twitter. HIPAA, or the Health Insurance Portability and Accountability Act, contains language governing the confidentiality and secure handling of health care information — information like this.
ESPN obtained medical charts that show Giants DE Jason Pierre-Paul had right index finger amputated today. pic.twitter.com/VI5cbS1uCw
— Adam Schefter (@AdamSchefter) July 8, 2015
Kinda feel ESPN and Adam Schefter are crossing major lines tweeting out player's hospital charts and such.
— Bob Toth (@TheBobToth) July 8, 2015
It violates his privacy. Plain and simple.
— Bob Toth (@TheBobToth) July 8, 2015
HIPAA exists for a reason. Schefty's tweet is bothering the hell out of me.
— Bob Toth (@TheBobToth) July 8, 2015
Really hoping the healthcare and sports journalists co-host a tweet chat with Adam Schefter on HIPAA.
— Brendon Shanksgiving (@bshank) July 8, 2015
https://twitter.com/fivefifths/status/618923910860410880
Recommended
Who is the guilty party? Someone at the hospital must have provided Schefter with the information that he then reported.
if theres a hipaa violation, its not by schefter, i dont think
— The Thought Leader (@yagottagotomo) July 8, 2015
1) Thoughts with JPP 2) Good luck to the hospital who just flagrantly violated HIPAA… https://t.co/Ek47EZXCIp
— Caitlin Mangum (@caitlinmangum) July 8, 2015
There are very serious HIPAA implications coming, I'm sure… https://t.co/OwJQomO0Fp
— Ebenezer Samuel (@ebenezersamuel) July 8, 2015
Per source with knowledge of the situation, a lawsuit is indeed possible for the leaking of Jason Pierre-Paul's medical records.
— ProFootballTalk (@ProFootballTalk) July 8, 2015
Sports Illustrated legal analyst Michael McCann argues that ESPN is most likely covered under the First Amendment, while the hospital faces a fine for violating HIPAA.
Unless Pierre-Paul consented to disclosure, someone (hospital worker?) violated HIPAA. Max HIPAA penalty: only $50K. https://t.co/ErvzocBonY
— Michael McCann (@McCannSportsLaw) July 8, 2015
A maximum fine of $50K may not be enough of a deterrent to stop a HIPAA violation. And apparently it wasn't here. https://t.co/Sb1oYRFc5I
— Michael McCann (@McCannSportsLaw) July 8, 2015
@McCannSportsLaw @Lauzin Is it a criminal offense if a hospital worker sold the records?
— Alfredo Arteaga (@Alf_Arteaga) July 8, 2015
While HIPAA criminal prosecutions are rare, the max prison sentence is 10 years. See chart: https://t.co/MeBPr9u2nn https://t.co/gnPbJUo0eH
— Michael McCann (@McCannSportsLaw) July 8, 2015
HIPAA doesn't apply to media who obtain medical records of others. Invasion of privacy does, but 1st Amendment offers a good legal defense.
— Michael McCann (@McCannSportsLaw) July 8, 2015
If Jason Pierre-Paul wants to take on ESPN, he could refer to Hulk Hogan's lawsuit against Gawker. Tough case to win: http://t.co/lM6u8QTi7K
— Michael McCann (@McCannSportsLaw) July 9, 2015
One question still to be answered:
@ProFootballTalk Where did the original leak come from?
— StatBet (@Method_Fan) July 8, 2015
@ProFootballTalk whoever leaked that record better have got paid BIG by espn cuz they gon need it for legal fees and to pay rent
— jarrettj (@justsayn21) July 8, 2015
The source's life is effectively over. Hope Adam Schefter paid them well enough @ProFootballTalk
— Bass Reeves (@jdrch) July 8, 2015
Join the conversation as a VIP Member