The Dallas Cowboys running back was outed as being asymptomatic, but he’s not happy the news is public to begin with.
On Monday, Ian Rapoport dropped a bombshell that many anticipated would come, just not exactly sure when or who would be involved. In a series of tweets the NFL Network reporter proclaimed that there were several members of both Texas teams, the Dallas Cowboys and the Houston Texans, who had tested positive for the coronavirus Covid-19.
The follow-up tweet went from the macro to the specific, naming Cowboys running back Ezekiel Elliott as one of the affected. News then spread that Elliott’s agent Rocky Arceneaux – who helped Elliott record what was at the time the richest contract for a running back in NFL history – had confirmed the positive test result. Fortunately, in the part that matters most, Elliott is fine and healthy and not feeling any of the devastating impact many others around the world have experienced. He is, however, upset that his status has gone public.
The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. In essence, it makes it illegal for any health-care employee to make a patients’ situation publicly known.
Many scoffed at Elliott’s claim, because so many reporters added that Elliott’s agent – who is not confined by rules – confirmed the report.
But Elliott shot down that theory in a hurry. Someone from either the medical community or someone Elliott had confided in provided Rapoport and Tom Pelissero the initial information.
Whether or not Arceneaux’s confirmation would still negate any claim, or if Elliott were interested in pursuing some level of recourse remains to be seen.
The most famous case of HIPAA violation occurred just a few years ago, when ESPN reporter Adam Schefter released medical records from then-Giants star Jason Pierre-Paul’s severe hand injury from a fireworks accident. Schefter revealed that Pierre-Paul had to have fingers amputated and ESPN ended up settling a lawsuit with the defensive end for their role in making his records public.
Texas is currently undergoing a massive surge in positive cases and deaths, likely linked to Governor Abbott’s Phase 2 reopening of business and activity throughout the state on May 18, with bars and restaurants going to 50% capacity on May 22. The spike in positive cases follows the same timeline scientists have spoken of since the virus was initially studied during early months of the year. Most symptoms appear within 7-14 days of exposure.
The spikes began on May 25, long before anyone stepped into the streets to protest police violence in response to George Floyd’s murder; a rampant theory spread as the root cause to why states are seeing a surge in new cases, often by those who opposed the gatherings.
Floyd was killed on May 25, the protests didn’t begin in earnest in Texas until June 1, when the spike was already ramping up. By the time the 7-14 day window occurred for protesters, most who were in open-air space (a major deterrent) and wearing masks, hopefully mitigating some of the risk from their proximity to each other, Texas was still in a way-earlier than expected second wave of the outbreak.
This isn’t to say Texas’ reopening is how Elliott contracted the disease, but as time passes and people seem to literally throw caution to the wind with more regularity, there may be some chance a person with the stature of Elliott may sway some to return to times of wearing masks to make sure they don’t unknowingly spread the dangerous virus.
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