Unions eye medical privacy violation

[Erica Absetz <erica () riskbasedsecurity com>]

http://bostonherald.com/news_opinion/local_coverage/2013/05/unions_eye_medical_privacy_violation

Police, fire and EMS unions are accusing the Boston Public Health
Commission of going behind the backs of bombing victims to collect
private medical
information about those who sought “primary care and
other outpatient” help days and weeks after the bombings.

The commission has sent letters to 13 area hospitals and 25 health
clinics seeking the data.

The move has outraged the city’s first responders — some whom are only
now seeking help themselves with mental health issues — who argue the
search
exposes a victim’s confidential medical information without
consent.

Boston Public Health Commission Executive
Director Barbara Ferrer said
in this case, the Health Commission is exempt from HIPPA, the privacy
laws that protect against the
release of medical records.

She defended her April 30 letter that requested hospitals turn over
the names, birthdays, addresses, cellphone numbers, chief complaint
and diagnoses of victims, saying it is the only way to offer victims
city services.

“I think surveillance is necessary in this case to help us with
appropriate planning and deployment of resources to help with the
recovery phase of a natural or man-made disaster,” she told the
Herald. “We have a whole bunch of responsibilities as public health
folks for preparedness and response in the aftermath of disasters. I
would say some of the surveillance activi-
ties that we do falls into
the realm of being able to
appropriately deploy those resources as
needed.”

Dr. Deborah Peel, a practicing physician and founder of the group
Patient Privacy Rights, questioned why
patients already in a doctor’s
care would need the city’s help as well.

“A lot of people would find that very intrusive,” she said. “Their way
of helping is by having a patient’s privacy invaded and their
records
turned over?”

Boston Police Patrol-men’s Association/EMS
Div­ision president James
Orsino said many first
responders focused on the job at hand after the
bombing, before caring for themselves.

“The Health Commission is re-victimizing men and women, who put off
getting the care they need so they could help those who urgently
needed it,” he said.

Boston Police Patrolmen’s Union President Thomas Nee said his union
will consider suing any hospital or clinic that releases a police
officer’s medical records.

“As a union leader, I find it disgraceful to treat members of Boston
Fire, EMS and police this way,” said Richard Paris, president of
Firefighters Local 718.

“We may disagree on some issues, but when we come together, we are a
force for public safety.”
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