Local health officials following state guidance on limited sharing of COVID-19 patient info

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Local first responders and city leaders want the Rock County Public Health Department to provide them more information about the location of positive COVID-19 patients in our area, but Rock County Health Officer Marie-Noel Sandoval is following the guidance passed down from the state of Wisconsin.

The declaration of a public health emergency gives Sandoval the local authority to handle the medical information of coronavirus patients and determine how that information is disseminated under the federal Health Insurance Portability and Accountability Act (HIPAA).

Janesville Fire Department Battalion Chief Ron Bomkamp and others argue the county is risking the health and safety of first responders and the rest of the public by not directly notifying other municipal services of the COVID-19 patients’ whereabouts.

Instead, Sandoval notifies the Rock County Communications Center of the location of each positive case, and the dispatching computer system will automatically notify police, firefighters and paramedics if the address they’re responding to matches with the address of a positive COVID-19 patient.

Sandoval’s actions match the language outlined in Governor Tony Evers’ Emergency Order No. 19, which was called Appropriate Use Of COVID-19 Information by Law Enforcement Agencies, First Responders, and Public Safety Workers.

The April 2 proclamation reads:

1. Local Health Officers, as designated under Section 251.06 of the Wisconsin Statutes, shall promptly report the address or addresses of individuals that the Local Health Officer knows have tested positive for COVID-19 to any dispatch center that could receive a call for service to an address associated with a person who has tested positive for COVID-19, in the geographic area relevant to the Local Health Officer.

2. These dispatch centers shall inform law enforcement officers, first responders, and other public safety workers, including but not limited to fire responders, emergency medical technicians and ambulance transport staff, child protective services staff, probation agents and parole agents, and coroners or medical examiners, if there has been a positive COVID-19 test result at a specific address where they are making a contact for a legitimate purpose related to public safety.

3. Recipients of this information may only use this information for the limited purpose of protecting their health and safety, and the health and safety of others making contact at that address.

4. No recipient of such information may use the information as a basis to refuse a call for service.

5. All persons who receive information pursuant to this Emergency Order shall ensure that the information is maintained confidentially and is made available only to those described above for the purpose of operating emergency response and law enforcement services.

6. Except in a life-threatening emergency, the information subject to this Emergency Order shall not be disseminated over any channel of communication that could be actively monitored by the public or uninvolved parties.

Wisconsin Department of Health Services Secretary Andrea Palm said Monday the use of the dispatch center “seemed like the right balance” to give first responders some access to patient information, while still protecting each person’s privacy.

WCLO asked Secretary Palm about the guidance the state provided to county health officers. You can watch her complete answer below, from a media conference call on Monday: