Franchione secret info thread (new)

CrimsonGriff

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Aug 20, 2007
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Re: Possible Franchione News

Sounds like Fran could be on the way out, could'nt happen to a nicer guy. After what he did to us he deserves every bump that life can throw his way.:smash:
 

TIDE-HSV

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Oct 13, 1999
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Since the other thread started out on other matters and wandered over to this, we'll close that thread and place related posts here...
 

crimsonaudio

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Sep 9, 2002
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Re: Possible Franchione News

It applies to any entity to whom medical info is entrusted. And despite what's been said in this thread, "shotgun" waivers don't count. They must be very, very specific and they must spell out exactly to whom the info is to be released.
I bow to your legal expertise in this - I have been misled or misunderstood the HIPPA regulations for a long time, it appears.

IOW, Fran could be in a WORLD of hurt over this after all. One can hope...
 

Bama Torch in Pcola

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Dec 18, 2002
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Re: Possible Franchione News

I'm fairly sure that "secret booster group" was not listed in there with insurance companies and the usual legit recipients.
LOL. I'm picturing the wording if they were included. "clandestine monied entities" "helpful greenback providers" "hooded agents of dissimination", I'll stop now.
 

NYBamaFan

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Feb 2, 2002
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Blairstown, NJ
Re: Possible Franchione News

It applies to any entity to whom medical info is entrusted. And despite what's been said in this thread, "shotgun" waivers don't count. They must be very, very specific and they must spell out exactly to whom the info is to be released. I'm fairly sure that "secret booster group" was not listed in there with insurance companies and the usual legit recipients. Also, as I've noted in the other long, fat thread on this exact subject, the age of the players is paramount...
Earle,

While the above is exactly how this has been explained to me by corporate lawyers in two different places of employment, I am not clear on one aspect. Does violation of HIPAA regulations come with some automatic penalty, or must an individual who has had his rights violated file suit? Also, must one demonstrate damages to file suit?
 

RhodeIslandRed

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Dec 9, 2005
1,517
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Re: Possible Franchione News

It applies to any entity to whom medical info is entrusted. And despite what's been said in this thread, "shotgun" waivers don't count. They must be very, very specific and they must spell out exactly to whom the info is to be released. I'm fairly sure that "secret booster group" was not listed in there with insurance companies and the usual legit recipients. Also, as I've noted in the other long, fat thread on this exact subject, the age of the players is paramount...
Given that this is the case, then Fran is in big trouble, especially as the medical info was used for commercial purposes.
 

uaintn

All-American
Aug 2, 2000
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Not Earle, but the answer to your question is "no" there is no private cause of action under HIPAA. In English, if the "covered entity" spills the beans about your medical condition/care, you can't sue under HIPAA (now, not saying you might not have some other basis for a lawsuit, just that you can't file one under that particular statute). Instead, you get a not so friendly visit from the federal government.
 

NYBamaFan

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Not Earle, but the answer to your question is "no" there is no private cause of action under HIPAA. In English, if the "covered entity" spills the beans about your medical condition/care, you can't sue under HIPAA (now, not saying you might not have some other basis for a lawsuit, just that you can't file one under that particular statute). Instead, you get a not so friendly visit from the federal government.
That is what I thought. Thanks...

It looks like aTm may have no choice but to "give up" Fran...
 
Re: Possible Franchione News

He just wanted to make some money today.
I am so glad Coach Fran LEFT Alabama. :party: I can not tell you how happy I am. I hold no hard feelings.

KARMA: Karma is good and bad. What you do in this life will determine whether you are rewarded or punished in your existing or future life.

That of course is my version of Karma.
 

TIDE-HSV

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uaintn is correct. It's basically a criminal matter and it can be a serious one. In this case, UT is the entity which is the fiduciary to the medical info. And, BTW, just think about the "fiduciary" aspect. If it only applied to health providers, that would exclude insurance companies, laboratories, and all kinds of other parties. Just before the gal sticks the needle in your arm, you have to sign a laboratory release that they can release the results to your ex-girlfriend. Not a joke. Think about it a bit...
 

crbama92

Scout Team
Dec 12, 2000
144
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The South
Re: Possible Franchione News

I agree this seems like one of those things sports radio, websites, fans etc will make a big deal out of, but will blow away sooner than later (depending on how fast he is able to rack up a few consecutive wins, if he can). I appreciate the talk about tax evasion, medical laws, etc, but i doubt this was much more than a glorified fan email. I mean i doubt he wrote it.

That said, this is one of those things you hear about and just say ..huh?!!!?! why on earth would he be presented with this idea and think it a good one?!?

What a tool! Legal or not, I am so happy this floundering idiot is no longer the face of our program

Roll Tide!
 

Catfish

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Oct 11, 2005
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Re: Possible Franchione News

That said, this is one of those things you hear about and just say ..huh?!!!?! why on earth would he be presented with this idea and think it a good one?!?
Greed makes people do stupid things. Just for everyone's future reference; If you have an idea that requires you to get the people involved to sign something promising not to tell anyone that they are engaging in the activity, just let that idea go!
 

TIDE-HSV

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Ignoring the crap above :)D), HIPAA is really serious business. Doctors' offices have had to re-orient their file systems, so that the patient's names aren't visible. Basically, the rule to live by is, that if you've been entrusted with medical information, you'd better not divulge it, much less sell it for a profit. I'm not as convinced as some that this is a minor thing which will blow over so easily...
 

silentsam74

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Dec 30, 2005
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Ignoring the crap above :)D), HIPAA is really serious business. Doctors' offices have had to re-orient their file systems, so that the patient's names aren't visible. Basically, the rule to live by is, that if you've been entrusted with medical information, you'd better not divulge it, much less sell it for a profit. I'm not as convinced as some that this is a minor thing which will blow over so easily...
I remember when they started all of that. I didn't know much about it other than it being a privacy issue. At the time, to me, it was just a few more papers to read at the doctor's office. To CDF, it seems, it is a much more serious matter.
 

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