A group of Arizona news organizations filed a special action in the Maricopa County Superior Court in May in a move to force the Arizona Department of Health Services to release information about coronavirus cases in nursing homes.
Under an executive order signed by Gov. Doug Ducey (R) in April, providers are required to file weekly reports to the state regarding their number of COVID-19-positive residents. They’re also required to report on transfers to and from hospitals and information regarding how much, what kind and the estimated use of personal protective equipment.
But the state’s health agency has decided not to publicly report coronavirus cases in nursing homes, citing patient privacy concerns. The news organizations claim that the state has not provided a clear basis for failing to publicly report nursing home outbreaks and that it should not be allowed to “rely on global generalities or blanket rules to withhold public records,” according to the report.
“While ADHS appreciates your request and shares your priority of transparency, we also have overarching legal and public health responsibilities, including a responsibility to protect the privacy of Arizonans’ health-related data,” Administrative Counsel Robert Lane wrote in a letter defending the state’s stance.
The nursing home community, meanwhile, is complying with reporting mandates, according to one leader.
“We are conforming with all that is currently required, including the recent executive order of the governor regarding family, resident and staff notification,” David Voepel, executive director of the Arizona Health Care Association, told McKnight’s.
He added that his organization supports transparency in compliance with any new public reporting requirement.
The federal government now requires facilities to report COVID-19 cases directly to the Centers for Disease Control and Prevention.
