From the HIPPA web FAQ page: Can contractors (business associates) use protected health information for its own marketing purposes? Answer No. While covered entities may share protected health information with their contractors who meet the definition of “business associates” under the HIPAA Privacy Rule, that definition is limited to contractors that obtain protected health information to perform or assist in the performance of certain health care operations on behalf of covered entities. Thus, business associates, with limited exceptions, cannot use protected health information for their own purposes. Although, under the HIPAA statute, the Privacy Rule cannot govern contractors directly, the Rule does set clear parameters for how covered entities may contract with business associates. See 45 CFR 164.502(e) and 164.504(e), and the definition of “business associate” at 45 CFR 160.103. Further, the Privacy Rule expressly prohibits health plans and covered health care providers from selling protected health information to third parties for the third party’s own marketing activities, without authorization. So, for example, a pharmacist cannot, without patient authorization, sell a list of patients to a pharmaceutical company, for the pharmaceutical company to market its own products to the individuals on the list.
Please forward this to your favorite Aggy football team member: If I believe that my privacy rights have been violated, when can I submit a complaint? Answer By law, health care providers (including doctors and hospitals) who engage in certain electronic transactions, health plans, and health care clearinghouses, (collectively, “covered entities”) have until April 14, 2003, to comply with the HIPAA Privacy Rule. (Small health plans have until April 14, 2004, to comply). Activities occurring before April 14, 2003, are not subject to the Office for Civil Rights (OCR) enforcement actions. After that date, a person who believes a covered entity is not complying with a requirement of the Privacy Rule may file with OCR a written complaint, either on paper or electronically. This complaint must be filed within 180 days of when the complainant knew or should have known that the act had occurred. The Secretary may waive this 180-day time limit if good cause is shown. See 45 CFR 160.306 and 164.534. OCR will provide further information on its web site about how to file a complaint (www.hhs.gov/ocr/hipaa/). In addition, after the compliance dates above, individuals have a right to file a complaint directly with the covered entity. Individuals should refer to the covered entity’s notice of privacy practices for more information about how to file a complaint with the covered entity.
Holy cow! Fran can be fired without aggy having to pay his salary. This is potentially bad news for UT. His record would have had to be dismal indeed to fire him and still pay all that money through 2012. Surely they have a clause to allow termination for violating federal law like this. They can flush fran tomorrow, which a whole lot of the fan base is ready for, and not pay one thin dime more, I would guess. Fran is not Bomared, he is not Torbushed. This rises to infintitely higher levels. He deserves his own towering level of HornFans vernacular achievement-he Franned himself.
This is quite the story... I agree that some booster HAD to have been saving this up specifically to break the camel's back and get him shitcanned. Had to. BUT.... if this was such a big deal, why hasn't it hit any other news outlet other than the SAEN in the past twelve hours? My brother in Austin called me this morning to tell me about it, but then when I looked there was no mention of it on Houston sports radio, no mention of it on the Chron website, nothing on ESPN, and the only link that refers to it on Google News is the actual SAEN story.... I see why we are reveling here on HF, but wondering if we're blowing it up a litte too much. Please tell me I am wrong, I love this Aggy Misery.
DMN and Justice at the Chron have blogged it. Justice threw it in at the end of some UT-is-scared-of-UH bait, so that entry will probably set his all-time record.
And here I've been telling people how much Fran's players suck for free. Just goes to show I have no business sense. Anyway, I won't be surprised if this ends up costing Fran his job, but I suspect we'll see this Mike McKenzie guy get thrown under the short bus first. How long before he catches an aggy bullet to the back of the head? Oh, and one more thing: According to that mySA.com website, their two most emailed stories are "Franchione stops selling A&M info" and "Man Charged With Having Sex With Dog." Coincidence?
It's just too bad that Gates is no longer aggy prexy, he would have had this verified and would have canned $bill and Lil Debbie Dennis by now. since Gates ain't here you can damn well bet that that grinnin idoit $bill has his *** COVERED on this one, it's gonna be Dennis and ONLY Dennis that gets it in the neck on this one. Then $bill can install HIS OWN COACH to replace dennis who was forced on him. as far as who will be the interim aggy coach, isn't RC still on staff? I'm sure he's tanned rested and ready to re-take the reins. tickedy tick tick tock.
According to this thread on Texags, he did release injury report prior to the game. This definitely is "insider" information, to use stock exchange parlance. An independent authority, preferably feds, should dig deep into this and find out who approved it and what is was used for.
well i wondered over to texags a little while ago. not to read, but just count how many threads there were on this subject. 28 of the the 35 threads on the first page were about this.
Gleaned from one of the texaggy threads, I wonder how the $43K showed up on Fran's taxes? Tips & gratuity?
1. If injury information was disclosed, it is almost certainly both a huge NCAA violation (gambling) and HIPAA violation. Depending on how much Fran was stupid and how much he was crooked, he could get far worse than fired; an enormous fine is a great possibility. If the feds allege illegal interstate gambling conspiracy, ask Vick how that all goes down. 2. The money will stop going Fran's way long before 2012-- too bad, but aggy has an easy out on this one. 3. When the scale of Fran's malfeasance is appreciated, aggy will cut him midseason. Look for the OC to become interim HC. 4. Go ahead and pencil aggy in for L in every game until Fran is fired, except possibly Baylor. Then again, Baylor may be his only remaining game.
this is pretty shocking, but i don't think his criticism of the players was all that serious. from the quotes on this thread he said two guys had marginal speed and one was inconsistent. not exactly soul crushing. the injury report turned betting advice is pretty heavy. and i think the booster that leaked it will be on the hook for damages should fran be denied his buyout.
I don't see how they can fire Dennis without having to pay his buyout when the Athletic Director knew about the paid email the entire time too. $Bill let him do it.
So what are the dozen subscribers to Fran's Follies to be named? The Twelve Fan Foundation? The $1200 Fran Foundation?
"if this was such a big deal, why hasn't it hit any other news outlet other than the SAEN " Dude, its aggy. No one outside of our laughter circle really cares about them.
