Arizona officials in multiple agencies are unlawfully withholding data, statistics, and information regarding COVID-19 outbreaks and abusing health privacy laws, according to top experts in public information and health privacy laws.
AND THAT EVEN THE GOVERNOR ANDDIRECTOR OF HEALTH ARE HIDINGBEHIND LAWS -- SO THEY DON'THAVE TO PROVIDE THE PUBLICWITH INFORMATION.
AND THOSELAWS DON'T APPLY.
HERE'SINVESTIGATOR DAVE BISCOBING.NOW WHEN WE'RE SAY... OURLEADERS HIDING BEHIND HEALTHPRIVACY LAWS... WE'RE TALKINGABOUT HIPAA.... THE "HEALTHINSURANCE PORTABILITY ANDACCOUNTABILITY ACT" BASICALLY:IT'S MEANT TO PROTECT :(PERSONAL, MEDICALINFORMATION.
AND IT'S BEINGABUSED.
((SOTW/ DAVID BODNEY))(....IT MAKES NO SENSE....)((SOTW/ PAMELA MARSH))(...INCREDIBLYDISAPPOINTING...) ((SOTW/ DANBARR)) (...IT'S NOT INFRINGINGON ANYONE'S PRIVACY...)((SOTW/ PROF. COHEN)) (...ITERODES THE PUBLIC TRUST...)THESE ARE TOP EXPERTS INPUBLIC INFORMATION AND HEALTHPRIVACY.
BUT (BEFORE WEEXPLAIN WHO THEY ARE... AND(WHY THEY HAVE STRONG WORDSFOR OUR OFFICIALS.
FIRST...HERE'S WHY WE'RE SPEAKING WITHTHEM.
FOR WEEKS... REPORTERSHAVE ASKED GOVERNOR DOUG DUCEYAND HEALTH DEPARTMENT DIRECTORDR. CARA CHRIST TO RELEASE THENAMES AND LOCATIONS OFLONG-TERM FACILITIES WITHPOSITIVE CASES.
BUT THEYWON'T.
EVEN AS CASES ANDDEATHS RISE...AT ALARMINGRATES.
1) APRIL 22: IRVIN:WE'VE LEARNED ONE HOTSPOT ISGETTING EVEN WORSE 3) APRIL21: CRENSHAW: 28 RESIDENTSHAVE TESTED POSITIVE.
THISCHANDLER FACILITY...NOW...WITH 16 DEAD... 2) APRIL 21:CRENSHAW: THIS ZIP CODE IS AHOTSPOT.
REPORTERS ONLYLEARNING THE TRUTH... THROUGHLEAKED EMAILS AND TIPS.
ANDIT'S HAPPENING ACROSS ARIZONA.4) APRIL 20: KGUN: 50 PEOPLEWHO LIVE THERE HAVE THE VIRUS,PLUS 30 EMPLOYEES.
THAT'S 85PEOPLE IN ONE TUCSON NURSINGHOME.
((SOTW/ PAMELA MARSH))(....MARSH: IN A CRISIS LIKETHIS, INFORMATION IS VITAL.
ITIS TRULY VITAL....) PAMELAMARSH LEADS THE FLORIDA FIRSTAMENDMENT FOUNDATION... AND ISA FORMER US ATTORNEY.
((SOTW/PAMELA MARSH)) (...BISCOBING:IT JUST SEEMS REVERSED,BACKWARDS TO ME.
WHAT DO YOUTHINK?...) (....MARSH: I THINKTHAT'S EXACTLY RIGHT....IF WEDON'T KNOW, WE CAN'T TAKE THEPROPER PRECAUTIONS...) ((SOTW/PROF. COHEN)) (....COHEN: WEHAVE SEEN IN NEW JERSEY ANDELSEWHERE, THESE STORIES OFBASICALLY FINDING DEAD BODIESIN SOME OF THESE FACILITIES.I.
GLENN COHEN IS A HARVARDLAW PROFESSOR...EXPER T INHEALTH PRIVACY ((SOTW/ PROF.COHEN)) (...ANYBODY WHO HAS ALOVED ONE IN THESE NURSINGFACILITIES, HAS A LOT OFQUESTIONS, AND PROBABLYDESERVE SOME ANSWERS....)OTHER STATES ARE RELEASINGTHIS INFO... SO WHY WON'T DR.CHRIST AND GOVERNOR DUCEY?((MONTAGE OF CLIPS)) APRIL 14:THE ADDRESS WHERE SOMEONEWOULD LIVE WOULD BE PROTECTEDHEALTH INFORMATION.
APRIL 14:WE CONSIDER THAT PRIVATEHEALTH INFORMATION.
APRIL 22:WE WANT TO MAKE SURE WE'REPROTECTING PUBLIC HEALTH ANDNOT RELEASE PROTECTED HEALTHINFORMATION THIS WAS WHATHAPPENED WHEN DR. CHRIST WASPRESSED BY A REPORTER.
APRIL22: (REPORTER: SEEMS LIKEYOU'RE PROTECTING THEFACILITIES INSTEAD OF THEPUBLIC?) SO WE ARE WORKINGWITH FACILITIES SO THEY CANNOTIFY FAMILIES AND RESIDENTSWHO ARE AFFECTED.
// CHRIST:IT IS PROTECTED HEALTHINFORMATION.
(REPORTER: I'VEGOT AN ADVOCATE TEXTING MERIGHT NOW WHO KNOWS THE LAWVERY WELL AND SAID THERE ARENO LAWS THAT...) DUCEY: WELLI'M GOING TO DEFER TO DR.CHRIST ON THIS.
THANK YOU.
THESECRECY DOESN'T END WITH STATELEADERS.
DR. REBECCASUNENSHINE...THE MARICOPACOUNTY HEALTH DIRECTOR...WON'T RELEASE NAMTES ANDLOCATIONS EITHER..
((SOT/WSUNNENSHINE ON APRIL 15TH))(...SUNENSHINE: "IT'SIMPORTANT HOWEVER TO FOCUS ONMAKING SURE THESE FACILITIESARE COMFORTABLE REACHING OUTAND WORKING WITH PUBLIC HEALTHSO THEY CONTINUE TO SHARE WHENTHEY HAVE SUSPECT CASES...)((SOTW/ DAVID BODNEY))(...BISCOBING: BASICALLY, YOUCAN TELL US, WE WON'T TELL THEPUBLIC.
THAT SEEMS LIKE ACHECK THEY CAN'T CASH.
THEY'REMAKING A PROMISE THEY'RE NOTLEGALLY ALLOWED TO KEEP...)(...BODNEY: THERE IS NO LAW INARIZONA THAT GRANTS THAT KINDOF BLANK CHECK TO PUBLICBODIES TO ENTER INTO THOSEBARGAINS...) DAVID BODNEY...ISAN INTERNATIONALLY RECOGNIZEDPHOENIX ATTORNEY IN PUBLICRECORD LAW.
((SOTW/ DAVIDBODNEY)) (...THIS STUFFDOESN'T VIOLATE ANYONESPERSONAL HEALTHINFORMATION...) ((SOTW/ PAMELAMARSH)) (....MARSH: HERE INFLORIDA, THE ASSISTED LIVING,ELDER CARE LOBBY IS VERYSTRONG.
THEY'VE EVEN ASKED THEGOVERNOR TO GIVE THEM IMMUNITYAFTER THIS IS ALL OVER.
WELL,HERE IN ARIZONA...IN THISEXECUTIVE ORDER...SIGNED APRIL9TH... GOVERNOR DUCEY DIDINCREASE IMMUNITY FOR THEM...A LOBBYIST CONFIRMING...TOAZCENTRAL...THEY URGED THESTATE TO DO IT.
((SOTW/ PAMELAMARSH)) YOU MAY BE DEALINGWITH A VERY POWERFUL, VERYPROFITABLE, CORPORATEBUSINESS.
AND THAT MAY BE WHATTHEY ARE TRYING TO PROTECT...)AGAIN...THE EXPERTS SAY...OFFICIALS ARE HIDING BEHINDHIPAA.
IT WAS PASSED IN ... IN...PRIVACY PROTECTIONS TOOKEFFECT.
IT'S WAS CREATED AFTERMEDICAL RECORDS WENTONLINE...MAKING THEM (MOREACCESSIBLE TO (MORE PEOPLE.IT'S INTENDED TO KEEP YOUR(PERSONAL INFORMATION FROMBEING SHARED..AND USED TOINVADE YOUR PRIVACY.
((SOTW/PAMELA MARSH)) (...IF YOU'REASKING FOR GENERAL NUMBERSFROM THE GOVERNMENT.
THAT'SNOT HIPAA PROTECTED....)((SOTW/ PAMELA MARSH))(...BISCOBING: WHAT'S IT BEENLIKE TO SEE THAT DENIAL OFBASIC INFORMATION?...)(...MARSH: IT'S USING HIPAA ASA BIG GIANT FIG LEAF WITHOUTANY JUSTIFICATION AT ALL....)((SOTW/ DAVID BODNEY))(....BODNEY: SOMETIMES IT'SKNOWN AS THE GAME OF EMPTYBOTTLES.
YOU TAKE AN EMPTYBOTTLE.
SLAP A LABEL ON IT.AND YOU CALL IT, IN THIS CASEHIPAA, AND YOU POUR ALL THISINFORMATION INTO IT AND SAYIT'S HIPAA...) ((SOTW/ DANBARR)) (....BARR: IT'S TOEVERYBODY'S BENEFIT TO KNOWTHIS INFORMATION...) PHOENIXFIRST AMENDMENT ATTORNEYATTORNEY DAN BARR HAS SPENTHIS CAREER... FIGHTING FOR THEPUBLIC'S RIGHT TO KNOW.
HE'SBOTHERED BY ANOTHER STATEAGENCIES REPEATED AND SIMILARDENIALS.
THE DEPARTMENT OFCORRECTIONS REFUSES TO TELL USHOW MANY PRISON OFFICERS HAVETESTED POSITIVE AND WHERE.
THEREASON: "STATE AND FEDERALPRIVACY LAWS." ((SOTW/ DANBARR)) (...BISCOBING: JUSTSTRIKES ME AS NOT TRUE?...)(....BARR: WELL, IT'SRIDICULOUS....THAT INFORMATIONIS NOT ONLY AVAILABLE.
ITOBVIOUSLY NECESSARY.... NOTONLY IS ADC (BLOCKING IT...THEY'RE (BACKED BY THEGOVERNOR'S OFFICE.
THEY TOLDUS: "OUR AGENCIES AREPROHIBITED FROM DISCLOSINGINFORMATION THAT WOULD REVEALAN EMPLOYEE'S IDENTITY ORCONFIDENTIAL MEDICALINFORMATION." ((SOTW/ DANBARR)) IF YOUR OFFICERS AREINFECTED, THEY ARE LEAVING THEPRISONS AND ENDANGERING THEIRFAMILIES MEMBERS AND OTHERPEOPLE.
IT'S A DANGER TOSOCIETY IN GENERAL....) OTHERSTATES RELEASE OFFICERSTATISTICS.
AND DESPITE THESTATE'S SILENCE... WEDISCOVERED IN PRISONS WHEREARIZONA CLAIMS THERE ARE NOINMATE COVID CASES... OFFICERSHAVE TESTED POSITIVE.
THESECRECY...THE EXPERTS SAY...BENEFITS NO ONE...EXCEPT MAYBETHE SECRET KEEPERS.
((SOTW/PROF. COHEN)) (...COHEN: THEREIS SOMETIMES, UNFORTUNATELY,AN OPPORTUNISTIC USE OFPRIVACY LANGUAGE WHEN ONE HASOTHER REASONS NOT TODISCLOSE...) ((SOTW/ DAVIDBODNEY)) (...BODNEY: IT MAKESPEOPLE WONDER IF THE STATE HASA REASON TO HIDE THISINFORMATION FROM US....)((SOTW/ PAMELA MARSH))(....MARSH: WHY ARE THEYHIDING IT?...) WHEN IT COMESTO DISCLOSURE... OUR STATEHEALTH DEPARTMENT.... ANDCORRECTIONS DEPARTMENT...DON'T HAVE A PERFECT HISTORYTHE CORRECTIONS DEPARTMENTKEPT QUIET ABOUT BROKEN PRISONDOORS FOR YEARS... LETTINGINMATES AND OFFICERS GETAMBUSHED, BEATEN, KILLED.
WESUED THE HEALTH DEPARTMENT IN... TO GET RECORDS PROVINGTHEY IGNORED MORE THAN 1,000PHYSICAL AND SEXUAL ASSAULTSOF VULNERABLE ADULTS IN THESTATE HOSPITAL.
THEY TRIED TOHIDE BEHIND HIPAA.
IN THEEND...SIX TOP OFFICIALS WEREFIRED... AND IT WAS (DR. CARACHRIST... WHO GOVERNOR DOUGDUCEY PICKED TO TAKE OVER.((SOTW/ PAMELA MARSH))(....MARSH: IN THESE TIMES,WHEN OUR GOVERNOR'S HAVEDECLARED STATES OF EMERGENCIESBECAUSE OF A HEALTH PANDEMIC,WHEN ELSE IS THIS INFORMATIONNECESSARY FOR PUBLIC HEALTH?THIS HAS TO BE THE MOMENT....)((SOTW/ PROF. COHEN)) (....WEOWE IT TO THE AMERICAN PUBLICWHEN WE'RE ASKING SO MUCH OFTHEM....) ((SOTW/ DAN BARR))(....IT'S REALLY A NO-BRAINER.
THERE'S NO REAL OTHERSIDE TO THIS ISSUE.
((SOTW/DAVID BODNEY)) (...BODNEY:LETS BE HONEST WITH THEPUBLIC....) ((SOTW/ DAVIDBODNEY)) (...BODNEY: IF PEOPLEIN A DEMOCRACY KNOW WHAT THEIRGOVERNMENT IS UP TO, WE WILLMAKE BETTER JUDGEMENT...)((SOTW/ PAMELA MARSH))(...MARSH: THE REAL FEAR, IF IWERE THE GOVERNMENT, IS THAT IDON'T GIVE THE INFORMATION TOYOU, YOU FIND OUT LATER THAT IWITHHELD THE INFORMATION, ANDIT COULD HAVE SAVED ALIFE....) -REPORTER: DAVEBISCOBING ABC 15 ARIZONAPIMA COUNTY IS NOW LOOKINGINTO PAY CUT AND FURLOUGH
Experts say State is unlawfully hiding information on prisons, long term care.
