The extent of Jason Pierre-Paul’s fireworks related injury from July 4 was released via a photocopy of Pierre-Paul’s medical records on Twitter on Wednesday by ESPN’s Adam Schefter, and more fans are outraged at the apparent HIPAA violation than the possibility that a finger amputation will end Pierre-Paul’s career.
Schefter’s tweet certainly answers the question of how extensive Pierre-Paul’s injuries were, but unless that information was provided to Schefter by Pierre-Paul,many felt Schefter went too far with the release of such private information.
Guy who leaked Jason Pierre-Paul Paul’s medical records is not smart. How do you have access to medical records & not understand HIPAA?
— Jerry Social (@JerrySocialTech) July 9, 2015
ESPN reported that doctors amputated Pierre-Paul’s finger — and that appears to be a big #HIPAA violation: http://t.co/7S9WRdf7wG
— Dan Diamond (@ddiamond) July 9, 2015
But are the fans right? Did Adam Schefter overstep HIPAA bounds?
According to a review of legal policy, it appears many Twitter users could be wrong in their HIPAA violation accusations against Schefter . Even if the information Schefter was privy to was not provided by Jason Pierre-Paul or someone from his camp, Schefter isn’t responsible for the HIPAA violation, but rather Pierre-Paul’s healthcare providers.
While Schefter’s release of Pierre-Paul’s records may not necessarily be illegal under the HIPAA umbrella, many question whether or not Scheffer’s actions are moral or ethical.
@pnaegelySTS ethically wrong isn’t HIPAA laws though.
— Barry Evans (@Bluetooner1) July 9, 2015
Jason Pierre-Paul is one of two NFL players to suffer a fireworks related injury over the July 4 weekend. Pierre-Paul had not yet signed his newest contract with the New York Giants and earlier reports indicate he could stand to lose a $60 million multi-year deal with the team.
The revelation by Schefter of the loss of Pierre-Paul’s right index finger could certainly influence the Giants’ decision regarding Pierre-Paul’s future. And while that may not make Schefter a violator of HIPAA, his reporting of the extent of the injury may put Pierre-Paul’s NFL future at risk.
While Schefter went on to tweet a message stating that a “medical source,” possibly the one responsible for violating Pierre-Paul’s HIPAA rights, expects Pierre-Paul to play this season “sooner than people think,” Pierre-Paul could also be facing legal ramifications as police investigate the incident. And given the crackdown last year by the NFL on players with legal issues, this only furthers Pierre-Paul’s woes.
Still, the Giants are mum about Pierre-Paul’s future. According to tweets earlier today prior to the purported HIPAA breach by ESPN’s Adam Schefter, the Giants have yet to make actual contact with Jason Pierre-Paul.
According to Schefter, Pierre-Paul is not currently under contract with the Giants and therefore can refuse to meet with their representatives. Perhaps it won’t be the HIPAA violation or Schefter’s reporting that causes an end to Pierre-Paul’s career but rather his own response or lack thereof.
What do you think? Did Adam Schefter cross a line by sharing Jason Pierre-Paul’s medical records or was he simply doing his job?
[Image courtesy of Elsa/Getty Images.]
