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Originally Posted by oracle80
Pval has an interesting legal fight that will occur. His agent Tom Knust said that hes still in the hospital. Fermin has asked Attorney General for an opinion of if hes violated his terms.
Heres the question. Guy went into the hospital where he is protected by dr/client privilege. When he comes out they cant ask him why he was there. he can say he had back surgery. They can test him and he will be clean. How do they prove he was ever on anything? If they say he violated terms then they have a Supreme Court case on their hands and he can sue. they have no right to go in the hospital and take a sample. This is gonna be very inetersting.
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It is interesting. The issues will be P Val's status as an "independent contractor" and not an "employee" and how HIPAA guidelines and requirements, especially those with respect to "Private
Health Information" (PHI) apply to his relationship with the State of California and the various racetracks by which he is compensated.
The Courts have generally held that HIPAA and it's PHI regs DO apply to the independent contractor class (earnings reported as 1099's), but not as stringently as to the employee class (W-2 folks). So that is an issue and while it could go through the State court system, it's likely to be resolved in federal court. So, that's one issue.
The second issue is whether whatever P Val agred to "give up" in terms of his right to privacy in return for his reinstatement(s) is reasonable and valid. While it's generally reasonable to allow people to make agreements when "consideration" is given by both parties, Federal Courts are likely to question whether the bargaining away of HIPAA PHI privacy rights is in the public interest. This is the other issue.
It's interesting.