Blazers May Have Violated Federal Regulations On Miles' Comments

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Blazers May Have Violated Federal Regulations On Miles' Comments
Jul 25, 2008 2:29 PM EST

A violation of federal regulations in regard to public comments about the medical condition of former player Darius Miles may have been committed by the Trail Blazers, specifically General Manager Kevin Pritchard.

Miles underwent microfracture surgery on his right knee and has not played since April 15, 2006. After a long rehabilitation period, the team first ruled him unfit to play and then sought an independent physician?s examination of the knee. That physician ruled Miles? injury was career ending ? which was important to the Blazers on two fronts that have to do with finances.

?Two doctors said Darius had the worst microfracture injury they had ever seen,? Pritchard said on an Oregonlive.com blog this week. ?They would never have him play basketball, and the odds of having knee replacement surgery is high. I hear that, and as a general manager, I didn?t want it on my conscience ? that I had a kid have to go through a knee replacement surgery. That?s a pretty major surgery. They saw (two bones) and replace (the knee). It?s a bad deal.?

[Reality]

What was wrong with what Pritchard said?

[jemagee]

http://www.portlandtribune.com/sports/story.php?story_id=121693653261551200

The problem for Pritchard and the Blazers is that those statements could be a violation of the privacy provisions of the Health Insurance Portability and Availability Act of 1996 (HIPAA). Since the HIPAA privacy rule went into effect on April 14, 2003, pro and college teams in all sports have been very reluctant to reveal specific details of player injuries without the permission of the player.

Most teams have come to the point where they will reveal only whether a player may sit out a game, but not give any specific details of the injuries. HIPAA?s privacy rule prohibits ?covered entities? ? often interpreted as employers who provide health care or health-care clinics for employees, which teams do for their players ? from revealing health information about those employees without their consent.

?It?s very clear,? one NBA official said. ?Without the consent of a player, about all you can say is he is probable to play or not probable to play in a given game. They call our doctors in, sit us down at the start of the season and make these rules very clear to us. If the player wants to make his condition public, that?s fine. But he has to give consent.?

[Reality]

So Miles gets more bong money off of Pritchards mistatement?

[jemagee]

Kevin Pritchard possibly broke the law, it's a legal matter first if at all, as stated in the article....as for your prejudices towards darius miles, not sure why they are relevant to a violation of the law by the blazers mouth piece

[westkoast]

Reality do you realize most of the NBA players have or do smoke marijuana?  I hardly see why it matters what Miles does since he's not even in the NBA.

This would be a major issue if there was a remote possibiltiy that Miles could come back.

[WayOutWest]

Reality do you realize most of the NBA players have or do smoke marijuana?  I hardly see why it matters what Miles does since he's not even in the NBA.

This would be a major issue if there was a remote possibiltiy that Miles could come back.

There is the possibility since, unlike Shaun Livingston, Miles is allowing people to see him practice and workout.

[Joe Vancil]

Reality, 

In answer to your question, in all probability, YES, Miles gets more bong money off of Pritchard's statement.

And before anyone wants to talk about my prejudices towards Darius Miles, all I've got to say is that I'm prejudiced against most other me-first, team cancer, lazy, talent-won't-get-them-in-the-headlines-so-I-resort-to-misbehaving-in-my-personal-life, lazy players like Darius Miles, too, so start from that point.  The guy is a waste of a perfectly good roster space, and whoever signs this guy knowing all of that deserves what they get.

[westkoast]

Reality do you realize most of the NBA players have or do smoke marijuana?  I hardly see why it matters what Miles does since he's not even in the NBA.

This would be a major issue if there was a remote possibiltiy that Miles could come back.

There is the possibility since, unlike Shaun Livingston, Miles is allowing people to see him practice and workout.

Really?  I was under the impression he was finished.  Shaun Livingston, sadly, I think is really finished though.

Joe, you do have a point.  I won't disagree.  It always made me scratch my head with Darius.  When he first got to the Clippers he wasn't that way.  He did get busted for pot.  As far as all the attitude and me-first crap he's pulled it wasn't there until the media pumped up his head.  Once he left town it seems like he got worse each day.  Can't exactly pin point why other then he got a big head.

[Joe Vancil]

westkoast,

*I* can pin-point it.  It was when he got away from Quentin Richardson, who was as good an influence on Miles as there's been.

[jemagee]

Shaun Livingston will most likely sign a minimum to small deal with the clippers to try and regain his standing in the NBA.

As for knowing Darius Miles, I never met him.