Major League Baseball has opened an investigation into the recent leaking of medical information regarding new Angels signee Shohei Ohtani, according to Buster Olney of ESPN.com (via Twitter). It seems the league is concerned that a MLB organization was behind the release of the news that Ohtani has been diagnosed with a sprained ulnar collateral ligament.
While the news on Ohtani did not come with any direct implications for his signing, it seems there’s a concern with the sanctity of the medical information that was shared by Ohtani’s representatives with interested organizations during his highly publicized recruiting process. Reporting on the subject indicated that MLB teams were made aware of the injury prior to his agreement with the Angels, so there’s no worry that his camp failed to make proper disclosures or that the deal is in any way at risk. (Indeed, quite to the contrary, the Halos have made clear they are fully aware of the injury and pleased to move ahead with the transaction.)
This matter occupies the same general arena — but in quite different circumstances — as the controversy that arose in 2016, when the Padres were deemed to have wrongly withheld certain medical information in the league’s central repository. In that case, Padres GM A.J. Preller was hit with a thirty-day suspension. Here, the league is concerned with the wrongful release of information on an individual player whose medical records have been shared with teams, which is perhaps less concerning from a competitive perspective but touches upon significant legal and ethical issues.
It’s certainly far too soon to know how this will play out. And it would be wrong to assume that someone associated with a MLB organization was behind the leak of information. If that is the case, though, and if the source of the leak can be determined, it stands to reason that commissioner Rob Manfred would consider significant disciplinary measures to deter any similar future releases.
It was the Padres Mariners or Yankees
How insightful of you..
Doubt it was the padres
Name one other team that traded farm pieces for more bonus money. So much bonus money they led the 7?
There is your answer
Sore losers
And has a GM that had a very suspect exit from the Angels, Dipoto is a little b word
Sure the padres could be the more bitter party, they stocked their staff member with pieces to bring him over but they were limited to 300k
So yeah
Agreed
it was jd
It was probably Dipoto. He’s upset he tried to collect additional international money to sign him, only for him to sign with the Angels. Double blow to him.
I was coming on here to say the same thing. Especially after, taking on what will be a really horrible contract of Dee Gordon.
And now he’s dumping all that International money for likely lesser players.
that or one of the salty AL east GMs that leaked all the butthurt quotes about Otani already deciding before the meetings
plus annoyed that the Angels in the same division got him.
Straight up some butthurt team that missed out on signing him
They’ll find it was the Yankees and everyone will turn a blind eye.
Yup. Then Joe Torre will suspend someone from the Tigers for it.
Haha. Well Manfred will decide this punishment. Not Torre.
+1
Yankees and Jeter, working together to distract attention from the Stanton trade.
I love conspiracy. Throw in Cardinals, who were happy to obscure their fleecing of Miami in their trade.
could have been the expos or the colt 45s or perhaps the senators
think it was the spankees?
We’re looking at you, Jerry
yes we are
Why is this a story let alone an investigation? As soon as he had that procedure done it would’ve come out anyways. Confused why the MLB even cares.
Hippa laws?
health information portability and accountability act
Discussing someone’s medical history without authorization is a big no no. MLB doesn’t like lawsuits
Didn’t Otani’s camp release all that medical even before he signed though?
Not publicly. This could be very interesting, because it seems that in most major American sports HIPAA laws are kind of ignored when it comes to athlete injuries, and it is pretty much universally accepted.
Are they ignored? Or, more likely, are there times when the player – per CBA rules – agrees to waive his privacy in relation to injuries. I can’t imagine how, or why, randomly sharing the information during the off season would qualify as one of those times.
Again explain how reporters can get away with releasing medical information to the media? How’s it different?
justinept….beat me to it. When a player is signed the CBA takes over and HIPAA is moot but the CBA has very stick guidelines as to what can be released.
Journalist Shield laws typically protect them from publishing classified or illegally-obtained information so long as they don’t help the leaker illegally obtain the information.
Players release their HIPAA rights to the team that signs them, and even then only for certain situations that are spelled out in the CBA. Injuries also have to be privately shared with other teams, but not publicly. Never, ever for a document to be released that shows your injury and treatment. That could mean jail time.
As I understand it, even when the player waives his rights to privacy there are still some basic ground rules as to who else can see the players’ medical records.
A doctor or any other party given access by the player can legally share information on an as-needed basis with colleagues for valid medical purposes.
Gray area to be sure, though HIPAA protections may very well apply here.
Probably something in the collective bargaining agreement would be my guess. That or standard contract language allows for a limited release.
what are stick guidelines?
CBA Article XIII G (pg 59) mlbplayers.com/pdf9/5450407.pdf
It’s also covered by HIPAA…..A player when signing agrees to the CBA and relinquishes some right. He agrees to disclose medical info to his team (or teams bidding for his service) and only the team he ends up playing for can release any info in accordance with the CBA
Forgot to add that yes I know there was a typo….strick (a bundle of fibers) instead of strict. I didn’t proof read and since it is a word spell check didn’t catch it.
sure but not to the public
Did you read the article? “Touches upon significant legal and ethical issues”. That’s why they care
The ethical I could maybe understand. How’s this any different than a player being hurt and a reporter releasing it to the media? You think they get ‘consent’ before doing so? Come on now
Isn’t a reporter part of the media? If a reporter got the info from someone on the team, then they are free to release the info. It would have to be given to them as the reporters are not in the training rooms or at Dr. offices/ hospitals with the injured player.
Joe Kerr….They (a team) are only allowed to release certain info in specific situations…..Article 13 G of the CBA covers some…. link to the CBA mlbplayers.com/pdf9/5450407.pdf
If a team leaked the records the team and maybe MLB face the potential for large fines from the feds. The leaker could potentially also face federal charges.
in this case it just causes unwanted journalism and kind of puts the angels in defensive
People tend to forget that players, though entertainers, are also human beings that deserve basic respect and dignity. Not to mention that Title II of the Health Insurance Portability and Accountability Act (HIPAA) strictly mandates privacy of health information and regulates its disclosure. MLB could be on the hook for millions of dollars in damages if Ohtani decided to sue because a team decided to disclose medical information about a player to the press without seeking permission. No idea if there are protections in the CBA or if there are separate MLB corporate rules, but Manfred appears to be acting strongly and swiftly as the head of a huge corporation to take a stand on this sort of violation and prevent it from happening again.
@ xtraflamy…………….
HHS Statement….”Professional sports teams are unlikely to be covered entities [,which owe primary duties of confidentiality under the regulations]. Even if a sports team were to be a covered entity, employment records of a covered entity are not covered by this Rule. If this comment is suggesting that the records of professional athletes should be deemed “employment records” even when created or maintained by health care providers and health plans, the Department disagrees. No class of individuals should be singled out for reduced privacy protections. As noted in the preamble to the December 2000 Rule, nothing in this Rule prevents an employer, such as a professional sports team, from making an employee’s agreement to disclose health records a condition of employment. A covered entity, therefore, could disclose this information to an employer pursuant to an authorization.” and an explanation by the Marquette Law Review (scholarship.law.marquette.edu/cgi/viewcontent.cgi?…)
“The operating principle suggested by HHS is that a player may be compelled to authorize the release of medical information to his team without violating federal health care privacy regulations under HIPAA. Therefore, players can be compelled to consent to disclosure of information about their medical condition without violating privacy principles under federal law. The same is generally true under state law.”
Release of info is covered by the CBA (Article XIII G mlbplayers.com/pdf9/5450407.pdf )
Nice work and looking forward to reading after. Always a pleasure when someone does the actual research rather than just “hur duh dur law babble babble”.
Thanks…..I like facts more than speculation as well.
Thanks for the info. I find that surprising since professional sports teams have medical/training staff would otherwise be a covered entity. Nice to see big money still plays in DC.
@Cat Mando
In your reply to me you focus on disclosure by covered entities to the player’s employer. nowhere did I say in my post that players shouldn’t be compelled to have their medical records disclosed to their employers. it follows, logically, that it would be paramount in a contract that hinges upon health that medical records would need to be examined.
My reply to brewcrew08 was about a team releasing medical information to the press, which is the reason for the article, and for Manfred’s investigations.
as well he should
All eyes shift to the Yankees front office. All noses too detect the smell of sour grapes. Or is that just Cashman?
Lmao. The irony of You to say the Yankees are the ones with sour grapes.
We aren’t sour grapes in the least we got Stanton who is better than that trash bag Ohtani and I think most if not all Yankee fans would agree it turned out better for us so no sour grapes lol.
Yankees fans keeping it classy as usual…
Just like how the Yankees are always the first team everyone wants to accuse when something like this happens right? We didn’t want this guy that badly and either way why is it a big deal that his medicals got released why shouldn’t the public know if he’s hurt or not. Like I said we got Stanton who I would take every time over this weirdo Ohtani I am happy it played out the way it did.
“We didn’t want this guy that badly”
Counter-point: Every comment on this site, Fangraphs, Twitter, ESPN, Bleacher Report, etc.
Eric generalizing Yankee fans as usual…
“Trash bag Ohtani” haha yeah no sour grapes at all…
Lol honestly I didn’t even want Ohtani especially with the bad history we have had with Japanese pitchers I wanted the Yankees to stay as far away as possible from this guy and it worked out, again if you know how to read I am happy with Stanton and would take him every day over this unproven Ohtani.
Tanaka and Matsui, you think that’s bad history? I would take the production from those guys for my team in a heartbeat.
How bout Igawa or Irabu,take them too?
Yeah seriously.. yankeeman your post makes no sense. Japanese players have had success with the yankees
“Than that trash bag Ohtani”
Yup, no sour grapes. Move along folks.
“that trash bag Ohtani”
Grapes so sour you look like you are blowing kisses to everyone.
kei igawa called
You mad bro? Keep talking its not a good look for you or your team.
“that trash bag Ohtani”
That sounds more like a statement from a yankeechild than a yankeeman. You should consider a name change.
Yankeeboi696969
Agreed, Ohtani is just not gonna cut it, he will hit for low avg, low power and have probably a 4-5 ERA
Sure. The team that has shown time and again to be the most professional in all matters of baseball is the one who leaked the information. You people have zero proof to back up your claims. “All eyes.” More like all haters eyes.
Yankee trolls on every thread lol
In addition to Yankee Hater trolls on every thread. Goes both ways.
Oh lord here comes bitter claims of the Yankees leaking it lmaooo
In case you haven’t noticed they were in great shape without ohtani and they are in even better shape now than they were a week ago
Exactly my point
For all we know the cardlans hacked some teams files and leaked it. I mean hacking is the cardinal way afterall
That’s not what this is about. Someone did something illegal. Of course since the Yankees are the #1 hated team in the league, the haters will accuse them first. It very well may be them. It may be the Mariners. Could be anybody.
On the article that posted about Ohtani’s injury, there was a tweet from Chris Cotillio speaking to an MLB scout from an “unknown team” that said they already knew about the UCL sprain. Therefore, wouldn’t Cotillo know which team it is?
No because every team was given his medical records and knew about the elbow issue before he was signed. Only one of them leaked it publicly.
Reporters should never reveal sources.
What I don’t get, though, is how it would benefit another team to leak this information. If he’s hurt then it’s a bad signing. If no one knows he’s hurt and he pitches and isn’t good, it’s a bad signing. I don’t see why any other team would want to draw attention to the fact that he’s hurt since they didn’t sign him. If I’m the Yankees, for example, I feel like I’ve dodged a bullet. Seems to me the only team that could possibly benefit is the Angels who might be trying to somehow back out of the deal.
It doesn’t benefit anyone period. For all we know Japanese media leaked it
Not a bad signing even if he needs Tommy John surgery and misses a year of the 6 he is controlled for. Still only cost 20 million posing fee plus league min for a few years then arbitration. That is minimal dollars spent for someone who is expected to be an ace of the rotation.
Only cost 20 million. Good I don’t want to hear you crying that your team is a small market team
OMG, would it kill you to learn about the topic before giving us your hot take?
EVERY ONE of the 30 teams had Otani’s medicals before the bidding process started. That is the whole point of this article, because Manfred is concerned one of the teams violated HIPAA by releasing private medical info. If an MLB team had the legal right to know Otani’s medical history, it still didn’t have the legal standing to pass that information along to a third party—which is apparently what happened here.
As to the “Angels…trying to somehow back out of the deal,” I salute your bravery in being unafraid to look ridiculously ignorant in your theorizing—OF COURSE the Angels knew about this before they bid, along with the other 29 teams. They have no reason to “back out” because they aren’t shocked or surprised.
5 minutes on the Internet learning about this much written-about story would have greatly benefited you.
I was merely replying to the postulations that it was most definitely the Yankees leaking the info because they’re butthurt on account of their not getting Otani. I get the point of the article. But thank you for putting me in my place.
Geo sounds like an AH
Adorable Husband? So I’m told.
Dipoto what have you done……..
I hope the leaking team was one of the non players in the ohtani bidding: marlins, Phillies, orioles, etc
I don’t see the point in one of those teams doing it either. Most likely it’s a source we would have expected. A source outside of mlb
Probably the Braves. They love being investigated by MLB
My initial reaction was that Manfred will investigate this until the guilty party is identified and the stiffest punishment meted out (see Braves/Coppolella and Cardinals scout hacking), but then I look at his decision on Gurriel in the WS which seemed wildly slanted in the team & player’s favor. Well, it will be like 4 months before the investigation is complete, so to the back burner this goes.
My question also is is this leak truly illegal ?
Yankeepatriot…………………
It violates the CBA which is a legal binding agreement so yes…it is illegal and unethical. On top of that when a player signs he relinquishes certain HIPAA rights to the team. That team and only that team may release info but only in specific situations. a team violating that (such as a non-signing team is then breaking the CBA and HIPAA
Thank you for the details my friend. Hopefully it wasn’t a mlb team that leaked it
No Problem….it was a matter of discussion once before so I saved the Marquette Law Review PDF and the CBA. Both can be boring as well as interesting. Before reading the CBA I never realized that players were given moving expenses (in certain citations), and per diems, nor did I know the MLBPA dues payments. Just have to weed through some of the mind-numbing legaleze.
It’s crazy how a dark cloud has suddenly came over what was a celebrated signing just a few short days ago. He seems like a good kid and I want him to succeed
I look at it as mostly sunny with a slight overcast based on the Angel’s statement. If it was being called a severe sprain or strain then I would worry more. Of course it is possible TJS is in his future as it is with any pitcher especially in the age where teaching kids to throw hard is valued over teaching them to pitch. To paraphrase Dr. Jobe…throwing is good…throwing really hard all the time can be very bad.
I, too hope he does great both on the mound and at the plate. It will be good for baseball and may help change some perceptions.
Gurriel, “wildly slanted”. Ok, I see what you did there.
Randy Levine, come on down! You’re the next contestant on the Price is Wrong, Beyotch!
I hope he gets ousted.
Thats my guess too.
it would be funny if it was someone in the Angels organization talking it up with Passan because he/she thought having already signed Ohtani, that information was already released… an “ooops, cat’s out of the bag’ situation?
It was Dipoto.
To the pit of misery!
DILLY DILLY!!
HIPAA violations are serious. A nurse got 2 years for a violation here in NC.
I should qualify that. The nurse got 2-year sentence for one violation where a document was shared. This is very similar because Yahoo had the document, not just someone talking out of their behind.
It was Russia
Lmfao
SOUR GRAPES!
Shohei Ohtani wants media attention. He’s getting it. If he immediately becomes injured or doesn’t perform, this is just the beginning of the attention. He can’t have it all his way.
There was a great deal of public attention and fan pressure to sign Ohtani. Perhaps the fan pressure would not have been so great had they known about the health concerns. .
When the public is forced to pay for stadiums and other aspects of the business, it comes with a cost. The players will forfeit some privacy.
Same CBA also has rules to protect waiver wire transactions but nothing is ever done about those transgressions. Publicity fuels the flames, this is all Eyewash.
So, just to make sure I am clear…
MLB’s concern here is that the leaking of Ohtani’s medical info could represent a major HIPAA violation, and the potential HIPAA violation stems from the fact that it was (presumably) NOT the Angels (Ohtani’s employer as far as the CBA is concerned) that leaked the info, but one of the other 29 teams.
In essence, informing the media of Ohtani’s mild ligament sprain would have been fine if it had come from the Angels.
Do I pretty much have that right?
The major violation is that a private medical document was shared. Any of the teams could have said, “we passed because of medical issues with his elbow” or the Angels could have reported “Ohtani has a 1st degree strain of his UCL in his throwing elbow”.
Got it. Thanks.
Just trying to understand the finer points because, honestly, my first reaction was:
“The media publishes private medical information on players all the time…why is this instance an issue?”
It was the Russians that leaked the information!
CIA
Had to have been Coppy
Why would it be wrong to assume someone in a MLB organization leaked it as they were the only ones beside Ohtanis people and his team who knew. Neither of the latter have any motive to leak. Obviously a team whose fan base was unhappy they missed out. This news gave some a reason to believe they dodged bullet which is silly, but many people cant think well
If it’s Preller he’s toast
One potato two potato three potato four
addtext.com/X4HQgRN
How about investigating the clear COLLUSION by Jeter and the Yankees in the Stanton trade?!?!?!!!!!!!
Clear collusion huh? Any support for that position other the Jeter played for the Yankees
Even though jeter tried to trade stanton to 2 others teams before dealing with the Yankees.
Prior to negotiations with any teams Stanton told the Marlins he would only accept a trade to NYY, Cubs, LAD or the Astros. Miami ignored him and dealt with SF and STL. He declined. The LAD, Cubs and Astros all passed, the Yankees didn’t and somehow you have decided that is collusion? Really? Really?
Stanton previously stayed that he didn’t want to play on the East Coast and wanted to head west. Then all of the sudden he “changed his mind” outta nowhere. Clearly Bc Jeter convinced him to go to his old team. Yes clearly collusion. If you think otherwise, you’re a fool.
*Stated
So the phenom is hurt, huh? No surprise at all… Can’t throw 100 miles and hour and hit out of the park indefinitely… Joke…
It has to be Jerry Dipoto, he gave away some good prospects to get Ohtani. He has bad blood with the angels anyway.
Mariners, for sure. Soporto is still sore at the Halos…
Dipoto