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Started By
Message
Legal questions regarding Mett
Posted on 5/6/14 at 6:10 pm
Posted on 5/6/14 at 6:10 pm
1. Isn't the release of test results illegal according to HIPPA?
2. If so would he have a cause to sue the company that ran the tests?
2. If so would he have a cause to sue the company that ran the tests?
Posted on 5/6/14 at 6:11 pm to Gray Tiger
Likely a team leaked the info
Posted on 5/6/14 at 6:12 pm to Gray Tiger
I still don't think enough of a deal gets made about these private tests getting leaked to the public.
Posted on 5/6/14 at 6:18 pm to SammyTiger
HIPAA itself does not provide for a private civil remedy. However, it does create a duty, of which Louisiana's tort system is based upon….so if the breach took place in Louisiana he may have a cause of action in negligence/intentional tort. But since the disclosure happened outside of Louisiana he may be bound by the laws of that state.
Posted on 5/6/14 at 6:18 pm to SammyTiger
quote:
I still don't think enough of a deal gets made about these private tests getting leaked to the public.
A couple of multi-million dollar judgements would stop that. Where are the lawyers who come here?
Is the release of that information a violation of HIPPA, which as I understand it is a federal law? Get the FBI or the IRS on their arse and I bet they will find a way to stop the leaks.
eta:
Thanks for the legal opinion.
This post was edited on 5/6/14 at 6:19 pm
Posted on 5/6/14 at 6:21 pm to Gray Tiger
More than likely signed some type of disclosure at the Combine clearing any wrong doing by NFL or anyone of that affiliation.
Posted on 5/6/14 at 6:22 pm to bubbz
quote:
More than likely signed some type of disclosure at the Combine clearing any wrong doing by NFL or anyone of that affiliation.
Those papers are near meaningless
Posted on 5/6/14 at 6:34 pm to Gray Tiger
quote:
1. Isn't the release of test results illegal according to HIPPA?
It wasn't released it was "leaked" to the press. You can speculate all day long as to who leaked it but unless you have proof any suit would be frivolous.
quote:
If so would he have a cause to sue the company that ran the tests?
Mett would have to prove that the company that administered the test leaked the information in order to prevail.
Bottom line is damage is done "whatever that maybe" now they are trying to get their story out to do damage control.
Posted on 5/6/14 at 7:10 pm to harry coleman beast
quote:yep trying to drop his stock so they can grab him with a later pick
Likely a team leaked the info
Posted on 5/6/14 at 7:25 pm to fightingtigers98
quote:
yep trying to drop his stock so they can grab him with a later pick
This would not surprise me if it was common practice.
Posted on 5/6/14 at 8:56 pm to Dudebro2
I'm not thinking of just Mett.
There were other players involved in the "leak". It seems that some sort of a joint suit would send a message. If it was an NFL team that "leaked", that alone might put a stop to the practice. The NFL is pretty lawsuit jittery now.
It's pretty shitty that reputations and market value is being harmed by such shady crap. The sports media gets their collective jockies in their butts over the racist ramblings of a senile old coot, but jump like hungry wolves when the reputations of young men are on the line.
There were other players involved in the "leak". It seems that some sort of a joint suit would send a message. If it was an NFL team that "leaked", that alone might put a stop to the practice. The NFL is pretty lawsuit jittery now.
It's pretty shitty that reputations and market value is being harmed by such shady crap. The sports media gets their collective jockies in their butts over the racist ramblings of a senile old coot, but jump like hungry wolves when the reputations of young men are on the line.
Posted on 5/7/14 at 6:02 am to Gray Tiger
While I understand the HIPPA angle, I have to believe as part of the collective bargaining agreement or some other legal document that results may be shared.
Posted on 5/7/14 at 9:20 am to TigerBait1127
quote:
Those papers are near meaningless
Here is a link that suggests otherwise:
quote:
The final rules just under the Health Insurance Portability and Accountability Act of 1996 appear to provide some wriggle room - if not outright exclusion - for professional sports teams, according to The New York Times.
Teams in the major sports had feared that if the government chose to interpret the law strictly, they would have faced a huge mess in handling their players' medical information.
But pages 50 and 51 of the rules appear to give them an out. "Professional sports teams are unlikely to be covered entities" under the law, the Department of Health and Human Services states in the document. "Even if a sports team were to be a covered entity, employment records of a covered entity are not covered by this rule."
Furthermore, the document states, "nothing in this rule prevents an employer, such as a professional sports team, from making an employee's agreement to disclose health records a condition of employment."
LINK
This post was edited on 5/7/14 at 9:22 am
Posted on 5/7/14 at 12:29 pm to moneyg
"failed" piss test for dilated urine is so abstract and the fact it leaked.. win/win for mett
Posted on 5/7/14 at 12:45 pm to Gray Tiger
quote:
If it was an NFL team that "leaked", that alone might put a stop to the practice. The NFL is pretty lawsuit jittery now.
Doesn't every NFL team gets the urine results? So the leak only makes public what is already known by all the teams. Other than how the player is perceived by the public, I don't see how the leak is a big deal.
Posted on 5/7/14 at 12:52 pm to Dudebro2
quote:well a simple multimillion dollar lawsuit on the news organization to reveal their leak would solve that.
It wasn't released it was "leaked" to the press. You can speculate all day long as to who leaked it but unless you have proof any suit would be frivolous.
Posted on 5/7/14 at 1:01 pm to CarRamrod
That's what I'm getting at. Hammer either the NFL, the testing service or the reporting entity or all of the above.
Posted on 5/7/14 at 1:12 pm to Gray Tiger
if that dude was on drugs and ran that slow out of the pocket......
Posted on 5/7/14 at 2:10 pm to rocksteady
quote:
"failed" piss test for dilated urine is so abstract and the fact it leaked.. win/win for mett
ISWYDH
Posted on 5/7/14 at 2:13 pm to Gray Tiger
if his explanation of water/cramps is true, then he should just provide a hair follicle sample test to all NFL teams. could put it all to bed in a hurry.
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