Local Health Department Denies Covid Death Records

[XLFD]

I patiently awaited a Freedom of Information Act (FOIA) response from the local district health department (DHD#10) I made and referenced in an article noting that they were closed eleven straight days in the midst of the worst period of the Covid-19 pandemic in our area.  Their fuzzy math said they had until January 21 to respond to my request for records, the statute said I was due a response by later than January 15th.  I received a response on the 21st, with absolutely zero records, it noted in relevant part:   

"Your request for District Health Department #10 records related to COVID-19 deaths in Mason County was logged as received on December 22, 2020. We determined the records you requested are not owned nor possessed by this agency and are not an agency public record (MCL 15.233 (4) and (5))."

In the formal denial, it said effectively the same thing, morphing my specific requests into "All records referencing 15 COVID-19 deaths in Mason County as of 12/20/20."  The record shows that their declaration that no such records exist has no merit.  

TV station WPBN had a May 5th news report featuring DHD#10's Medical Director Jennifer Morse (pictured above) telling the reporter:

“Hospitals report confirmed deaths of covid within two hours, we put those into the Michigan disease surveillance system as soon as we get them.  That is where the state gets their numbers that they put on the website."

These hospital reports, even if sent to DHD#10 electronically, are writings according to MCL 15.232(l).  They are also 'public records' according to MCL 15.232(i), that means they must be produced for a FOIA request unless some exemption is invoked.  Morse indicates through the language she uses that these hospital reports are not transmitted by 'word of mouth', like on the telephone.  Nor would it be a very secure, efficient, or accountable process if there was no written record of any type created in these reports from hospitals. 

Likewise, DHD#10's own press releases indicate that their FOIA Coordinator's claim of there being no responsive records to my request is bogus.   Like every other county in DHD#10's region, they reported on the first and second Covid-19 deaths by issuing a press release. 

 

DHD#10 received notification that a Mason County resident, a male in his 60’s who tested positive for COVID-19, died on October 9.

"DHD#10 received notification that a Mason County resident, a male in his 70’s who tested positive for COVID-19, died on October 27."

When a Covid death occurs, it is only about 20% likely that DHD#10 will be open, so if hospitals report covid deaths within two hours, they cannot call or drop in at DHD#10 and relate all of the particulars by voice, they must create a 'written' record and transmit that in some way electronically, even if it is by voice mail, text, messenger, etc.  

Thus, these hospital reports and notifications are writings and available to the public either in whole or in part, depending on the information in those reports and notifications.  They refer to the fifteen deaths that had happened in Mason County and are responsive to my request, even those two press releases above could be said to be responsive to my request.  

Upon receiving this denial, I sent a FOIA appeal to the head of DHD#10, Kevin Hughes (pictured above), explaining how the denial was contradictory to the statements said by Ms. Morse and the press releases when the FOIA is applied.  I further explained that if these hospital reports/notifications were destroyed, that I would need to see DHD#10's policies for the destruction of public records like these so as to gauge whether something inappropriate was happening.  

It's frightening to think that the local public health agency responsible for keeping track of local Covid statistics and the overall public health does not have any written records referencing anything about the 15 deaths that happened in Mason County up to December 20th, 2020.  It's more than frightening, it's disgraceful.  Let's hope that Kevin Hughes understands that he runs a public agency that has a responsibility for maintaining the public records his agency uses.  All of the statistics and policies derived from these missing reports and notifications must be looked at with suspicion.

[luna serena]

It’s crazy that the local health department is denying access to COVID death records—transparency should be a given. People deserve to know accurate data, especially when it affects public health decisions. If they’re withholding info, it just makes people more suspicious. At this point, I’d trust Texas Roadhouse Delivery to give me more honest numbers on my order than some of these agencies!