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Legal questions regarding Mett

Posted on 5/6/14 at 6:10 pm
Posted by Gray Tiger
Prairieville, LA
Member since Jan 2004
36512 posts
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?
Posted by harry coleman beast
Left Field
Member since Aug 2008
52210 posts
Posted on 5/6/14 at 6:11 pm to
Likely a team leaked the info
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66263 posts
Posted on 5/6/14 at 6:12 pm to
I still don't think enough of a deal gets made about these private tests getting leaked to the public.
Posted by Barrister
Member since Jul 2012
4603 posts
Posted on 5/6/14 at 6:18 pm to
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 by Gray Tiger
Prairieville, LA
Member since Jan 2004
36512 posts
Posted on 5/6/14 at 6:18 pm to
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 by bubbz
Baton Rouge
Member since Mar 2006
22809 posts
Posted on 5/6/14 at 6:21 pm to
More than likely signed some type of disclosure at the Combine clearing any wrong doing by NFL or anyone of that affiliation.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/6/14 at 6:22 pm to
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 by Dudebro2
San Diego
Member since Dec 2011
8967 posts
Posted on 5/6/14 at 6:34 pm to
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 by fightingtigers98
Member since Oct 2011
13228 posts
Posted on 5/6/14 at 7:10 pm to
quote:

Likely a team leaked the info

yep trying to drop his stock so they can grab him with a later pick
Posted by brass2mouth
NOLA
Member since Jul 2007
19666 posts
Posted on 5/6/14 at 7:25 pm to
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 by Gray Tiger
Prairieville, LA
Member since Jan 2004
36512 posts
Posted on 5/6/14 at 8:56 pm to
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.


Posted by CaptainJ47
Gonzales
Member since Nov 2007
7331 posts
Posted on 5/7/14 at 6:02 am to
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 by moneyg
Member since Jun 2006
56282 posts
Posted on 5/7/14 at 9:20 am to
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 by rocksteady
Member since Sep 2013
1279 posts
Posted on 5/7/14 at 12:29 pm to
"failed" piss test for dilated urine is so abstract and the fact it leaked.. win/win for mett
Posted by atltiger6487
Member since May 2011
18125 posts
Posted on 5/7/14 at 12:45 pm to
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 by CarRamrod
Spurbury, VT
Member since Dec 2006
57424 posts
Posted on 5/7/14 at 12:52 pm to
quote:

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.
well a simple multimillion dollar lawsuit on the news organization to reveal their leak would solve that.
Posted by Gray Tiger
Prairieville, LA
Member since Jan 2004
36512 posts
Posted on 5/7/14 at 1:01 pm to
That's what I'm getting at. Hammer either the NFL, the testing service or the reporting entity or all of the above.
Posted by rocksteady
Member since Sep 2013
1279 posts
Posted on 5/7/14 at 1:12 pm to
if that dude was on drugs and ran that slow out of the pocket......
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65419 posts
Posted on 5/7/14 at 2:10 pm to
quote:

"failed" piss test for dilated urine is so abstract and the fact it leaked.. win/win for mett


ISWYDH

Posted by LSUOilman
Houston via Baton Rouge
Member since Aug 2005
580 posts
Posted on 5/7/14 at 2:13 pm to
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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