Monday morning, Ian Rapoport of the NFL has revealed that several players of the Dallas Cowboys and Houston, Texas, had tested positive for Covid-19. At this stage, none of the players had not yet reached the facilities of the team. Shortly after, Rapoport announced that Ezekiel Elliott was one of the players in question and no other is revealed at the time.
This is the second time that Elliott is mentioned during the outbreak of coronavirus. In April, Elliott has been seen at a dinner with the quarterback of the Cowboys Dak Prescott as soon as the orders to stay at home in the United States have begun. Prescott later issued a statement apologizing not to follow the directives of social distancing.
But now that it is confirmed that Elliott has been tested positive, he had a question: this report violates the HIPAA?
HIPAA, or the Act portability and accountability medical insurance, protects your personal information against the public share without your consent; however, this applies only to health professionals. In the case where his or her doctor or any person involved in the detection of the coronavirus shared this information, it would be a violation of HIPAA.
If the source of the positive test result is someone like a family member or a close friend, this would not be considered a violation of HIPAA because they are not health professionals. According to the legal analyst Michael McCann, the journalists do not fall within the scope of HIPAA, and thus can reveal the new.
Journalists who report on NFL players who test positive for COVID-19 are not entities covered by HIPAA and do not violate, therefore, not HIPAA. Often, employers and representatives (other than health care) are not covered entities. And HIPAA has no private right of action.
– Michael McCann (@McCannSportsLaw) June 15, 2020
Elliott then sent a few tweets further, stating that his agent was not the source of Rapoport even though they had confirmed the positive test.
My agent has just confirmed. The story was already written. The journalists had been called my agent all morning.
– Ezekiel Elliott (@EzekielElliott) June 15, 2020
We will update this story as we have more information.