ARIZONA DEPARTMENT OF HEALTH SERVICES POLICY INTERGOVERNMENTAL AFFAIRS Sent Via Electronic Mail May 5, 2020 Caitlin McGlade Arizona Republic caitl Re: Response-April 7, 2020 Public Records Request Dear Ms. McGlade: On behalf of the Arizona Department of Health Services I am responding to your public records request, which is dated April 7, 2020 (?Request?). In your Request you ask for information related to outbreaks in nursing homes, speci?cally ?[a]ll weekly reports submitted to the state by nursing homes that detail the number of positive residents, the number of transfers to and from hospitals, the number and type of PPE and the estimated use of each type of PPE per wee While ADHS appreciates your request and shares your priority of transparency, we also have overarching legal and public health responsibilities, including a reSponsibility to protect the privacy of Arizonans? health?related data. For these reasons, and after consultation with its legal counsel, ADHS cannot ful?ll your Request. Even if the information you seek is a ?public record? under Arizona law--privacy, con?dentiality, safety, public health, the state?s general responsibility to protect all Arizonans, and other overriding interests outweigh any public interest in disclosure of the information requested. In addition, based on the following, ADHS believes ful?lling your request would constitute a violation of state law. A.R.S. states: person who obtains communicable disease related information in the course of providing a health service or obtains that information from a health care provider pursuant to an authorization shall not disclose or be compelled to disclose that information except as authorized by state or federal law. (Emphasis added). See also A.R.S. (14), (21), and (it is a class 3 misdemeanor to disclose communicable disease related information in violation of A.R.S. Title 36, Chapter 6, Article 4). Further, A.R.S. states: ?Any medical information or other information from which a person might be identi?ed that is received by the department or local health authority in the Douglas A. Ducey Governor Cara M. Christ, MD, MS Director 150 N. 18th Ave, Suite 200, Phoenix, AZ 85007-2670 602?5424 020 6302-3644150 azhealthgov Health and Wellness for all Arizonans Caitlin McGlade May 5, 2020, Page Two course of an enhanced surveillance advisory is confidential and is not available to the public.? (Emphasis added). See also A.R.S. 1).1 These laws are supported by the Arizona Constitution, Article 2, Section 8, which states, ?No person shall be disturbed in his private affairs without authority of law.? In addition to not complying with state laws, the release of an individual?s home address may have a chilling effect on reporting and ability to control outbreaks of communicable diseases. Public health relies on our partners, including our licensed congregate settings, to report communicable diseases accurately and timely in order to prevent further illness and death. For these reasons, among others, ADI-IS cannot disclose the information requested. That said, currently available de?identi?ed data may be reviewed at: and information related to health and safety de?ciencies at ADHS licensed facilities may be reviewed by conducting a facility search at: Sincerely I) .. . zy/ R0 'ei't Lane, Administrative Counsel i Division of Policy and Intergovernmental Affairs, Administrative Counsel and Rules CC: Chris Minnick and Holly Poynter, Arizona Department of Health Services Greg Falls and Craig Morgan, Sherman and Howard The Arizona Administrative Code supports the foregoing legal interpretation. A.A.C. R9-l-301(7) and require ADHS to ?ensure that public health records disclosed pursuant to a public records request are de- identi?ed? pursuant to 45 CPR. Douglas A. Ducey Governor Cara M. Christ. MD, MS Director 150 N. 18th Ave, Suite 200, Phoenix, AZ 85007-2670 602-542-1020 602?364-1150 azhealthgov Health and Wellness for ail Arizonans