HIPAA doesn't apply to media who obtain medical records of others. Invasion of privacy does, but 1st Amendment offers a good legal defense.
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Replying to @McCannSportsLaw
@McCannSportsLaw If ESPN paid for records, would there be a potential claim of conspiracy to violate HIPAA?1 reply 0 retweets 0 likes -
Replying to @McCannSportsLaw
@McCannSportsLaw@Grange95 but is it legal for them to pay for illegal information? If they paid that is.2 replies 0 retweets 0 likes -
Replying to @davejshea
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@davejshea@McCannSportsLaw Conspiracy law bars using illegal means to accomplish legal purpose (and vice versa). But it’s complicated.1 reply 0 retweets 0 likes -
Replying to @Grange95
@Grange95@davejshea There could be a conspiracy argument but I'm skeptical that it could be used to extend HIPAA to ESPN (or any media).2 replies 0 retweets 0 likes
. @McCannSportsLaw @davejshea Analysis may be different if ESPN simply received records after the fact. But again, it’s complicated. (2/2)
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