Hospital will investigate leak of Pierre-Paul’s medical records

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The process of holding someone accountability for leaking Jason Pierre-Paul’s private medical information has commenced.

Via WPTZ-TV, Jackson Health System CEO Carlos Migoya addressed the situation in a statement released Wednesday, vowing to get to the bottom of it.

“Late Wednesday, media reports surfaced purportedly showing a Jackson Memorial Hospital patient’s protected health information, suggesting it was leaked by an employee,” Migoya said. “An aggressive internal investigation looking into these allegations is underway. If these allegations prove to be true, I know the entire Jackson family will share my anguish.

“If we confirm Jackson employees or physicians violated a patient’s legal right to privacy, they will be held accountable, up to and including possible termination.”

Regardless of whatever Migoya does to whoever leaked the information, his organization faces potentially significant civil liability and potential administrative/criminal liability under the HIPAA laws, not just to Pierre-Paul but to the other person (identified only by initials) whose medical information was published by ESPN.

87 responses to “Hospital will investigate leak of Pierre-Paul’s medical records

  1. That employee is going to be fired. And he/she should be fired. And sued by the hospital in return for whatever ESPN paid him/her to disclose confidential information.

  2. For all those oh soo worried people about how JPP would be able to live off the millions he already earned, well the millions he’ll win a lawsuit from his medical records leaking should give him some security.

  3. The hospital is going to get sued big time……It will be a “Memorial” real soon.

  4. JPP going to make up some of his $$ in lawsuits… Starting with this hospital if an employee provided ESPN the medical information.

  5. Question for the lawyers out there: Does the 65 year old man ONLY sue the hospital? or do they sue both the hospital (for the leak) and ESPN (for sharing the leak with the world)?

    I would assume both would be relatively solid cases.

  6. Man ESPN is so sleazy. Complete disregard for human decency and privacy with only one goal in mind… to leak an uninteresting story. Adam Shefter appears to me like a cheap attorney chasing an ambulance. I understand they have to do what the have to do to remain relevant in a competitive industry but to set all morale and integrity aside to do your job is just disgusting. Bottom feeders willing to do anything for a penny. Pigs!

  7. What happens if an ESPN employee paid someone to illegally obtain those records? ESPN seems very secure about this but if one of their employees paid another person to get JPP’s medical records you have a serious issue.

  8. And the fireworks-hand-blow-off-moron gets richer. And rightfully so, that’s some BS that people have to see their private med records broadcast.

    Ethically deplorable, at the very least.

    Take ’em to school, JPP and FC.

  9. I work financial for a hospital.

    First thing they tell you is that if you share ANY info it’s grounds for immediate termination. It’s not lip service. We’ve had multiple people at all levels of employment terminated for much, much smaller transgressions than this.

    Heads are gonna roll.

  10. To sue someone you have to show damages. It’s sketchy how releasing information that would be obvious in a week or so damaged JPP in any way.

  11. The next time someone on this board wants to complain about the rising costs of health care, make sure and remember how you wanted a multimillionaire to successfully sue a hospital for even more money.

  12. Question is why was JPP trying to keep the information about his hand quiet in the first place? Even from his own team? The Giants were kept in limbo for days. Who knows what, if any talent was out there available for the Giants to go after? Perhaps they would have done some due diligence to a player in the supplemental draft had they known about the extent of the injury on day one.

    What matters worse, it looks like he alone determined that the medical procedure he decided on should be enough to get back on the team. He even set the schedule for his return.

  13. Possible termination? Ooooookay. Unless someone rats out his or her co worker the hospital is not going to find out diddly. It’s going to take a federal subpoena of all phone, private and hospital business along with fax records along with ESPN phone records. That’s monumental right there. ESPN will say no and the Hospital will abide but it’s going to take a lot

    Could have been taken by a camera. Then a cheapo monthly phone purchased at any convenience store by a cash transaction and the phone is in the ocean by now. Like I said, unless someone drops a dime on who did it, they will never find out. The person who did it is enjoying that $500 gimme money ESPN delivered to them. Just sayin how it works.

  14. The NFL NEVER leaks any info. How could this person release such critical info before the entire media finds out the minute ol’ 9 digit JPPwalks out of the hospital, tomorrow.

  15. This whole thing was just classless all around. You just know Schefter thought about it for 2 milliseconds before his ego took over and he hit “Post” on the tweet, then wallowed in his own egomaniacal self-satisfaction like a pig in feces.

  16. I also work at a hospital. HIPAA is pretty clear all information you see must be on a need-to-know basis pertaining to your job duties. Even just VIEWING someone’s medical record without a direct reason to is grounds for getting fired, let alone something as grossly egregious as snapping a photo and divulging it to a media outlet. See: handful of hospital employees getting fired for viewing George Clooney’s medical record a few years ago.

  17. floratiotime says:
    Jul 9, 2015 3:03 PM
    To sue someone you have to show damages. It’s sketchy how releasing information that would be obvious in a week or so damaged JPP in any way.


    Not with a HIPPA violation. The breach of privacy IS the damage, as people have a fundamental right to privacy for their bodies. The leak may have also affected the decision of his employer, which would result in additional damages of lost wages in addition to the HIPPA violation award. It is worth pointing out that there was another patient on that surgery schedule photo as well. The hospital is going to be hit hard, and they should be.

  18. Maybe they should hire Ted Wells to figure out who done it.
    Somehow the Pats will lose a draft pick from this
    and ESPN will continue to act holier than thou.

  19. Heads are gonna roll.
    =========================
    That’s only with a guillotine. Sometimes when they do roll, you have to stop them with your foot, or they will just keep on going.

  20. Marshawn Lunch says:
    Jul 9, 2015 2:57 PM
    Question for the lawyers out there: Does the 65 year old man ONLY sue the hospital? or do they sue both the hospital (for the leak) and ESPN (for sharing the leak with the world)?

    I would assume both would be relatively solid cases.

    The HIPPA case is lock solid, as it is black letter law. He will make a good deal of money on that, and the award is based on a schedule.

    I am a NY attorney, so a Florida lawyer could speak more specifically to FL law, but the case against ESPN is more difficult, because it is essential an invasion of privacy, public disclosure of private facts-type of case. State law. That runs up against some 1st amendment issues, but because he is a private citizen he should have a solid case there as well. That one will probably settle for an undisclosed sum.

  21. Schism Boy really messed up someone’s life. As a hospital employee, I guarantee you that they will easily be able to find out who leaked it. So add getting someone fired to his resume… Of course, the offender should have known better too!

  22. I posted this in an earlier thread, but by no means is ESPN off the hook. But producing this information in a means to attract viewers, ESPN might have committed the worst offense of all.

    The DOJ will most certainly be getting involved.

    Criminal Penalties. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Rule.

  23. mongo3401 says:
    Jul 9, 2015 3:12 PM

    A caviar

    If the hospital employee did it all with their personal phone the. He or she is a complete idiot.
    —————————————————–

    You mean JPP leaked his own medical records??

  24. Schefeter used to be a credible source when he was with the NFL network, now he is just a gossip mongering idiot like the rest of them at ESPN. No substance at all. Didnt Al-Davis have beef with him? See the old man was right about this sleaze ball all along..

  25. bigbits2 said:
    Jul 9, 2015 3:16 PM

    “Maybe they should hire Ted Wells to figure out who done it.
    Somehow the Pats will lose a draft pick from this
    and ESPN will continue to act holier than thou.”

    ==
    It is bad enough that there are so many Patriot Deflategate articles. Is it really necessary for Patriot fans to pollute just about every non-Patriot story with this Patriot victimization nonsense?

    ===

    muslimponder said:
    Jul 9, 2015 3:11 PM

    “I also work at a hospital. HIPAA is pretty clear all information you see must be on a need-to-know basis pertaining to your job duties. Even just VIEWING someone’s medical record without a direct reason to is grounds for getting fired, let alone something as grossly egregious as snapping a photo and divulging it to a media outlet. See: handful of hospital employees getting fired for viewing George Clooney’s medical record a few years ago.”

    ===

    When patient records are accessed, isn’t there a electronic record time/date stamp of who is accessing those records? Just asking.

  26. Well as the Media is looks like ESPN was allowed to share the info, its sleazy, but its true. Now the person at the hospital who gave up the info will be fired and the Hospital will be sued. I work in healthcare and no matter how independent the employee acts, the hospital is ultimately responsible. Ppl always make fun of Schefter and his “reports” calling them bogus and that they have no basis, he finally shows proof of the report and we prosecute him. I guess damned if you do damned if you dont.

  27. Don’t understand the “including possible termination.” If it is proven an employee violated a patient’s right to privacy, why does he have to equivocate. Is there a circumstance where an employee is proven to have violated a patient’s right to privacy where its OK and termination wouldn’t be called for.

    Anyway, Shefter should have walked the high road. He plays this media game. He knew JPP was withholding this information for his own reasons. If he was advised to by his agent, his attorney or who ever, that was his right. And Shefter stole that right.
    Shefter is disgusting for having made that decision and is sitting back laughing at all the money he’s generating by having published JPP’s records. I really hope he pays the price and is terminated and sued to whatever extent is allowed.

  28. I’m an attorney who practices health law.

    (Note: Everything I am about to say is purely educational and is not intended as legal advice to any person or entity)

    The hospital can face statutorily defined civil and criminal penalties for their violation, as can the employee who leaked the information. If the employee is a licensed medical professional (nurse, doctor, etc.) they could face license discipline up to an including revocation.

    ESPN is not a “covered entity” for HIPAA purposes because it isn’t a healthcare provider, insurer, or healthcare clearinghouse and it isn’t a Business Associate of any of those either. So the HIPAA penalties won’t apply.

    However, depending on how shady they got in obtaining the record (bribery? coercion? trespass?) they could be liable in other ways. Also, there may be remedies under state law related to state privacy protections and common law torts.

  29. Look what’s happened: ESPN will get sued, a reporter at ESPN will get susp–scratch that, its ESPN we’re talking about, the hospital will get sued, an employee at the hospital will get fired, the Giants are without their Pro Bowl defensive end for a least part of the year and perhaps longer . . .

    And all because somebody didn’t read some instructions carefully enough.

  30. If these allegations prove to be true, I know the entire Jackson family will share my anguish. – and it will be then known as JPP General as he will OWN our (|)’s.

  31. If you walk into just about any patient room there are frequently care plans just laying around on the table with the food tray. Also right outside the room hanging on the wall there are patient records that someone could easily grab and take pictures with their phone.

  32. “When patient records are accessed, isn’t there a electronic record time/date stamp of who is accessing those records? Just asking.”

    @Muslimponder: many hospitals are not up to snuff with computer-generated info. I’m not sure where that particular hospital is electronically, with data storage. There are many hard copies and patient charts floating around in the medical records office. My guess is the leak came from that office, and every employee who works there is getting grilled pretty thoroughly right now.

    Also, I worked in a psyche facility wherein a phone call was made to the front desk and a guy asked to speak to “so-and-so.” It was a famous person, rock and roll hall of famer. The girl who answered asked the caller to leave a message. The caller was a reporter who then put out a “famous person in psyche hospital!” story. The girl got fired as soon as they figured out the source of the leak.

  33. Given how quickly the hospital records got into ESPN’s hands, I’m expecting JPP’s amputated finger to pop up on Ebay any minute now.

  34. Florida’s sitting Governor amassed the largest fines ever back when he ran a health care system. I’m sure they will get right on that.

  35. It should not be lost on anybody that what ESPN did was wrong. Perhaps from a legal standpoint it was ok, but that is far from the only measure. And the fact that ESPN would defend this action shows a tone from the top that has come up massively short in the class department.

  36. i hope someone gets a hold of adam schefter’s medical info and tweet it out. maybe at that point, he’ll understand why he’s so wrong for doing what he did.

  37. Man you gotta love a great acronym like the NFL…salute to Buddy Ryan, right?, who said Not For Long…started it all…anyhoo, ol JPP just joined the NFL, Nine Fingers Left club…

  38. Oh my gosh, it’s just a stupid hand injury. What’s all the fuss? Actually he brought it on himself by playing with fireworks.

  39. I’d like to think someone would not win anything near 1 million dollars from this disclosure. Too many want lottery winnings, pay for the damages, whatever they really are. Person fired, fine.

  40. I had to go through HIPAA certification because my employer occasionally does customer service work under contract for medical organizations. That test was no joke, and the penalties are clear.

  41. In a related story ESPN’s Chris Mortensen is now reporting that according to a reliable hospital source the records were two pages under completed

  42. I haven’t watched ESPN since they insisted on cramming Tim Tebows every move down my throat while I patiently waited for Highlights of ALL the NFL games from the day before.

  43. People are dismissing Schefter’s and ESPN’s legal/criminal exposure to quickly. Indeed, ESPN wouldn’t be covered by HIPAA or most medical records laws. However, if an ESPN employee conspired with a hospital employee to obtain the records, e.g., “Please take a photo and send to me…” that is likely a crime (e.g., conspiracy). If you have one person working in concert with another to commit a crime, you have issues.

    The big IF is whether ESPN induced the hospital employee to take the records.

  44. Next time he steals something, he’d only be getting a four finger discount… Might not be worth it…

  45. Giants vice president of medical affairs Ronnie Barnes was at the hospital. Although Pierre-Paul refused to meet with him, as a Giants employee wouldn’t one think he would have asked to review the chart that day?

    If he did, isn’t it reasonable to think he might have snapped a photo?

    If he did snap a photo isn’t it possible that he shared that with Goodell – in an NFL office infamous for leaking information (often MIS-information designed to make players look bad)?

    OR wouldn’t Goodell have been able to invoke “reasonable cooperation” to his investigation of a criminal matter and demand the sharing of medical information?

    I hope the Feds and the Hospital are thorough in their investigation – possibly seeking Goodell’s cell phone

    It may be that the leak didn’t come from the hospital at all – and we KNOW that ESPN frequently is used by the NFL to leak information.

  46. JPP’s team leaked the info themselves to control the narrative and info. Schefter is a little troll but he was given the green light so JPP could control the way the story went after the leak to stop the bleeding.

    immediately after the leak a timeline was released that he’d be ready to go in 6 weeks. This was all done by JPP or someone on his team to stop the embarrassment and control the narrative.

  47. JPP has stunk since his 2nd yr. he is like jevon kearse, a rookie wonder who never replicated that performance in subsequent seasons.

    this is a blessing in disguise for the giants. cut bait on this guy, save the 14.6 mil and go with a younger guy who is a lot cheaper, possibly more consistent and definitely not as overrated.

  48. @steelerben
    So hospitals should just be allowed to leak private Information without consequences if the patient is a multimillionaire… That’s the dumbest argument I’ve ever heard. There are tons of reasons why healthcare costs are so high… It has almost nothing to do with lawsuits over PPI being illegally shared.

  49. j0esixpack says:
    Jul 9, 2015 7:40 PM

    Giants vice president of medical affairs Ronnie Barnes was at the hospital. Although Pierre-Paul refused to meet with him, as a Giants employee wouldn’t one think he would have asked to review the chart that day?
    —————————–
    JPP is not under contract, thus he technically is unemployed as far as the NFL and the Giants are concerned.

  50. Schefter is a dirtbag. No HIPAA may not apply to a journalist – but even using the term “journalist” where this move is concerned is loose. Seriously speaking, the quest to get a story and to defend it on a technicality? Seriously dude this is a person’s private medical life. Class and integrity are apparently not your strong suit. I’ve lost all respect for you.

  51. First, they have to look at all employees who have no business pulling up his information on their computer. They can always say they left their computer unattended temporarily to go to the restroom or something like that.

    To narrow it down will be extremely difficult as well as to find the hospital liable. You don’t even need to print the info, they probably used a phone cam. ESPN even published what appears to be his medical record number which directly connects all hospital records to JPP. The hospital can be fined by the feds but a lawsuit against a public hospital scrounging for every cent they can get will be really bad news for them.

  52. Where’s the accountability for ESPN? They might not have leaked the info but they have a responsibility here also. Whoever allowed them to be published should be terminated.

  53. To sue someone you have to show damages. It’s sketchy how releasing information that would be obvious in a week or so damaged JPP in any way.

    ———-

    JPP was in the middle of contract negotiations. He was asking for $60m+, having the team know his exact status, gives them leverage to lower/eliminate their offer.

    If his injuries were given weeks to heal, he could downplay their significance. If their disclosed at a time when he’s undergoing surgery, that option isn’t afforded to him.

    Just saying.. he’s got a case.

    Just saying.. he’s got a case.

  54. He wasn’t asking for $60M. They had an offer on the table for $60M which he wasn’t interested in. When he got hurt, they pulled it.

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