Report: Federal Law Possibly Violated in UConn/Calhoun Case [CBSSports.com]

by Categorized: Jim Calhoun, NCAA, UConn men's basketball
Date:

Interesting report out on CBSSports.com – very interesting for UConn basketball fans though, at the end of the day, it figures to have no tangible impact. We pass it along here.

CBSSports.com’s Dennis Dodd reports that federal HIPPA laws may have been violated by the Tampa clinic that provided information on Nate Miles’ surgery, and who paid for  it, to t he NCAA for their investigation into UConn infractions.

The investigation resulted, of course, in loss of scholarships and a three-game suspension for Jim Calhoun, who served it in January 2012. Two health care attorneys, Dodd reports, say that federal laws regarding privacy rights on medical matters may have been broken. An attorney representing orthopedic surgeon Chris MacLaren of the Tampa Bay Bone and Joint Center, who is mentioned in the NCAA report, said there were no HIPPA violations.

It is not alleged that the NCAA broke any laws. This is from Dodd’s story:

While NCAA investigators apparently did not violate federal law, they were able to extract information to assist in the case that led to major penalties against UConn and former coach Jim Calhoun. Health care attorneys Frankie Forbes of Kansas City and Jill Jensen of Omaha offered their opinions after examination of documents in the UConn case obtained by CBSSports.com.

“If the physicians agreed to the [NCAA] interview and the subject matter was their patient and [they] did not have authorization from the patient, that would be a problem,” Forbes said. “If the subject matter at all was the patient, and the patient didn’t authorize it, that’s an issue. … That’s a violation of the HIPAA privacy right.”

Click here to read entire story on CBSSports.com

 From UConn’s perspective, all the sanctions involving the case are in the past and cannot be undone or rectified. Since UConn’s upcoming postseason ban is related to academics, not the Nate Miles case, no connection can really be made. That ship, too, has sailed.

But if it turns out that federal laws were broken, and the NCAA used ill-gotten information, then UConn officials  can have the satisfaction of pointing out, again, that the NCAA needs to look in the mirror and could do a better  job of fostering an atmosphere of compliance itself.

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12 thoughts on “Report: Federal Law Possibly Violated in UConn/Calhoun Case [CBSSports.com]

  1. Coaches Attorney

    Darn–I was hoping Calhoun (jim) would be arrested and sent to jail. He should be for putting the Men’s team in limbo, no recruiting of any amount, all the “good” players ran away, he was Miles away when Computers were stolen from the Women’s team. Miles away when a recruit who never should have been–a guy who had trouble passing grades who transferred, then transferred to another H.S. or academy. So he could shoot. Uconn does not want people who are arrested for rape of a UConn female student or who may rape one of ours. Shame on Jim Calhoun.

    1. ray

      What good players ran away…..Oriaki…..please (big Cry baby)
      Drummond…..needed another year.
      Smith…..did what he had to do for himself.

      Hmmmmm Good Players……..but after that underachieving year last season I have to give props to the guys who stayed. This years team beat Syracuse…..Last year they lost 3 times to the ORange….

    2. Chris

      Shame on you for writing such idiotic stuff. Deal with your anger instead of lashing out at others.

  2. Evan - Hartford

    I wonder if UConn could sue the NCAA for damages caused to its reputation? I wonder if they could have the finding overturned and the “stain” erased from Calhoun’s legacy. I think those two things alone are worth pursuing, even if we can’t undo the punshiment itself.

  3. Paul

    As a licensed counselor I work with Hippa all the time. If the patient does not give written permission to disclose information about their case then the information can not be released. We need to see if that written permission was given by Miles. If it was then no breach has occurred. More research should done before a conclusion can be made on this.
    Oh yes Mr Oriaki, UCONN wants their scholarship money back!

  4. UCONNFB

    While this news is enlightening in that it may show the lengths (illegal) that NCAA Investigators go to to build a case, it does not make the violation go away. Uconn broke the rules. We need to take our medicine, build up from the adversity, and get back to the top program we want to be.

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