Colonial Manor of Amana COVID-19 deaths
It is a clone of this request.
| Submitted | Oct. 26, 2020 |
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Communications
From: Ben Welsh
To Whom It May Concern:
Pursuant to the Iowa Open Records Law, I hereby request the following records:
The number of deaths linked to the COVID-19 outbreak at Colonial Manor of Amana, IA.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Ben Welsh
From: Ben Welsh
What is the status of this request?
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Public Health
Mr. Welsh,
Death information about deaths of residents at Colonial Manor is
confidential reportable disease information and is unable to be released
pursuant to Iowa Code section 139A.3(2).
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
From: Ben Welsh
The Iowa state code that you cite is available online here: https://www.lawserver.com/law/state/iowa/ia-code/iowa_code_139a-3
In section 2b it states strictly that information "which identifies a person" is confidential. Then in section 2c it goes on to say, "information contained in the report may be reported in public health records in a manner which prevents the identification of any person or business named in the report."
My initial request asked only for, "The number of deaths linked to the COVID-19 outbreak at Colonial Manor of Amana, IA." It did not ask for any information that would identify a person. It only asked for a summary totals. The law you cite clearly allows that.
I ask that you reconsider your refusal and release the records I've request. If not, I ask that you consider this message a formal appeal of your decision.
From: Ben Welsh
Please allow me to add one additional point: Your agency is already releasing case totals, which shows that you are willing to publish at least some data about individual facilities. If case counts can be released, why not death counts?
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Public Health
As we noted in our response on November 24, death information about deaths
of residents at Colonial Manor is confidential reportable disease
information and is unable to be released pursuant to Iowa Code section
139A.3(2).
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
From: Ben Welsh
I would like to formally appeal this decision.
The Iowa state code that you cite is available online here: https://www.lawserver.com/law/state/iowa/ia-code/iowa_code_139a-3
In section 2b it states strictly that information "which identifies a person" is confidential. Then in section 2c it goes on to say, "information contained in the report may be reported in public health records in a manner which prevents the identification of any person or business named in the report."
My initial request asked only for, "The number of deaths linked to the COVID-19 outbreak at Colonial Manor of Amana, IA." It did not ask for any information that would identify a person. It only asked for a summary totals. The law you cite clearly allows that.
Also, your agency is already releasing case totals at the facility level, which shows that you are willing to publish related data about individual facilities. If case counts can be released, why not death counts?
From: Ben Welsh
What is the status of this appeal?
From: Department of Public Health
We sent this response to you on April 13.
---------- Forwarded message ---------
From: OpenRecords, IDPH <idphopenrecords@idph.iowa.gov>
Date: Tue, Apr 13, 2021 at 8:40 AM
Subject: Re: Iowa Open Records Law Request: Colonial Manor of Amana
COVID-19 deaths
To: <requests@muckrock.com>, Sarah Ekstrand <
sarah.ekstrand@idph.iowa.gov>
The records you've requested do not exist in the format in which they've
been requested. IDPH does not maintain the data by facility name; data is
collected by the facility type. The aggregate data for facility type is
available on the COVID19 website www.coronavirus.iowa.gov.
>
> ---------- Forwarded message ---------
> From: <requests@muckrock.com>
> Date: Wed, Apr 7, 2021 at 4:00 AM
> Subject: RE: Iowa Open Records Law Request: Colonial Manor of Amana
> COVID-19 deaths
> To: <RERC@idph.iowa.gov>
>
>
>
> Department of Public Health
> ORA Office
> 321 East 12th Street
> Des Moines, IA 50319-0075
>
> April 7, 2021
>
> This is a follow up to a previous request:
>
> To Whom It May Concern:
>
> I wanted to follow up on the following Iowa Open Records Law request,
> copied below, and originally submitted on . Please let me know when I can
> expect to receive a response.
>
> Thanks for your help, and let me know if further clarification is needed.
>
> View request history, upload responsive documents, and report problems
> here:
>
> https://www.muckrock.com/
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
>
> For mailed responses, please address (see note):
> MuckRock News
> DEPT MR 110118
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
> ---
>
> On March 24, 2021:
> Subject: Iowa Open Records Law Request: Colonial Manor of Amana COVID-19
> deaths
>
> To Whom It May Concern:
>
> Pursuant to the Iowa Open Records Law, I hereby request the following
> records:
>
> The number of deaths linked to the COVID-19 outbreak at each of the
> state's licensed nursing homes. This data is now already being released for
> case counts, which shows that the state has no legal issue releasing
> facility level totals. What is now released for cases, I asked be released
> for cumulative deaths, for all facilities in state. I ask that it be
> released in a machine readable electronic format, like a spreadsheet or
> text file of comma separated values.
>
> The requested documents will be made available to the general public, and
> this request is not being made for commercial purposes.
>
> In the event that there are fees, I would be grateful if you would inform
> me of the total charges in advance of fulfilling my request. I would prefer
> the request filled electronically, by e-mail attachment if available or
> CD-ROM if not.
>
> Thank you in advance for your anticipated cooperation in this matter. I
> look forward to receiving your response to this request within 10 business
> days, as the statute requires.
>
> Sincerely,
>
> Ben Welsh
>
> View request history, upload responsive documents, and report problems
> here:
>
> https://www.muckrock.com/
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
>
> For mailed responses, please address (see note):
> MuckRock News
> DEPT MR 110118
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
>
>
> --
> Data Management and Health Equity Program | Deputy Director’s Office |
> Iowa Department of Public Health *|* Lucas State Office Building *|* 321
> East 12th Street *|* Des Moines, Iowa 50319 *| *P:515.725.2179 *|*
>
>
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
From: Ben Welsh
I did not receive it. Can you send it again, copying b@palewi.re?
From: Department of Public Health
It was included in the email below from April 13:
The records you've requested do not exist in the format in which they've
been requested. IDPH does not maintain the data by facility name; data is
collected by the facility type. The aggregate data for facility type is
available on the COVID19 website www.coronavirus.iowa.gov.
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
From: Ben Welsh
Thank you for the response.
Your agency has released case totals at the facility level, which shows that collect and publish related data about individual facilities. Can it really be true that you are tallying cases by facility, but not deaths? If so, how do you ever arrive at grand totals?
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Iowa Open Records Law request, copied below, and originally submitted on Oct. 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Public Health
Hello,
IDPH does not have a report that includes a list of deaths at each
individual facility.
Thank you.
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
From: Ben Welsh
I am not asking for a "report" or a page on your website. I can asking for the raw data gathered by your agency, which must be stored somewhere prior to the generation of the reports you make for the public. Those databases are, in Iowa and every other state in America, also public records. I want a copy of the database records.
Put another way, if you agency does not collect deaths by facilities level at some point in the process, how are you able to aggregate totals by facility type? The input values must come from somewhere.
If you're unwilling to reconsider based on this contradiction, I again ask that you refer this request for a formal appeal.
From: Department of Public Health
Hello,
Our team has shared with you that the requested records are confidential
under Iowa Code section 139A.3(2) and therefore is not subject to
disclosure, additionally, we have shared that there is not report
available. IDPH does not have a formal administrative appeals process
regarding your request.
Thank you.
--
Open Records
Iowa Department of Public Health
*Protecting and improving the health of Iowans*
--
This email message and its attachments may contain confidential information
that is exempt from disclosure under Iowa Code chapters 22, 139A, and other
applicable law. Confidential information is for the sole use of the
intended recipient. If you believe that you have received this transmission
in error, please reply to the sender, and then delete all copies of this
message and any attachments. If you are not the intended recipient, you are
hereby notified that any review, use, retention, dissemination,
distribution, or copying of this message is strictly prohibited by law.
Files
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