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DPH staff warned against releasing of medical records
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Posted on May 01 2000
Public Health Secretary Joseph Kevin Villagomez has warned the staff of the department against the release of patients’ medical records which are considered privileged information, saying violators will be punished to the fullest extent of the law.
The department is now finalizing proposed regulations governing the release of health care information due to the absence of a law in the CNMI which deals with the issue. Although the CNMI Constitution upholds a person’s right to privacy, DPH believes that there is a need to draft specific regulations which will discuss how and when a privileged information should be released.
The proposed regulation, which is now being reviewed by the Attorney General’s Office and the Office of the Public Defender, will be published in the CNMI Registry.
Mr. Villagomez’s warning came after a recent incident in which a Commonwealth Health Center official released the medical records of a sexually abused child to Assistant Public Defender Wesley Bogdan, who planned to use it in a case to defend his client.
Mr. Bogdan, counsel for Irvin Dela Cruz Songao, allegedly assured the CHC records officer that there was nothing wrong in releasing the information even if the court has already ruled that the document was no longer needed nor relevant to the proceedings. Mr. Songao has been charged with three counts of sexual abuse of a child before the Superior Court.
This has led Chief Criminal Prosecutor Kevin Lynch to seek sanctions on the alleged ethical violations committed by Mr. Bogdan in pursuing the release of a privileged information that should have been kept private.
Mr. Villagomez noted that even the Equal Employment Opportunities Commission underscored the importance of keeping medical records of employees confidential when it ruled that the regulation which require the posting of medical certificates of workers of restaurants and hotels who have undergone health screenings was illegal.
Health inspectors were then ordered to inform business establishments not to allow health certificates to be posted on their bulletin boards since it is a violation of the law to divulge medical information even if the employee is physically fit.
