Ohio officials wrong to withhold information on coronavirus deaths at nursing homes

In late July, Licking County officials in Ohio went public with some heartbreaking news – a coronavirus outbreak had claimed the lives of 11 residents at a nursing home in Newark. 

As the surge continued, eight others died of COVID-19 at Newark Care and Rehabilitation. County health officials provided regular updates, rightly deeming the matter a public health issue.

Hamilton County leaders should take note.

At some point between the beginning of the pandemic and mid-June (we’re not exactly sure when), a similar outbreak occurred at a nursing home in Westwood. An inspection report dated June 18 obtained by Enquirer investigative reporter Deon Hampton revealed 16 residents had died of COVID-19 at Mercy Franciscan at West Park in a coronavirus surge that infected 75 residents. More than two dozen staffers also tested positive for the virus. 

It’s troubling that city and county health officials didn’t come forward to let the public know about the surge, especially when you consider more than half of Ohio’s 3,700 coronavirus deaths – 2,128 as of Aug. 12, according to the Ohio Department of Health – have occurred at nursing homes and other long-term care facilities since the state began tracking the data on April 15.

Did administrators notify every family with loved ones at Mercy Franciscan? What about people in the community who might have been in contact with nurses and other staff members who work at the facility? Did they have a right to know about the outbreak? 

Clearly, the answer is yes. It’s a matter of public health and safety.

So far, Bon Secours Mercy Health, the Cincinnati-based health care system that operates the nursing home, hasn’t provided details, other than confirming the deaths in a written statement provided to The Enquirer. County health officials have been quiet, as well. 

Had it not been for The Enquirer’s independent review of nursing home inspections – which revealed personnel at a dozen Cincinnati-area facilities were observed not wearing masks and other protective equipment – it’s likely the Mercy Franciscan outbreak would still be a secret.

And that’s a problem you can trace all the way up to the Ohio Department of Health.

The state tracks coronavirus cases and deaths that occur at nursing homes. Right now, you can access Ohio’s “COVID-19 Dashboard” online and search – by facility name – how many residents have tested positive at every long-term care facility in the state.

However, if you want to know how many residents have died, you’re out of luck. The state contends that releasing the number of deaths at each facility would violate Ohio privacy laws.

We’re challenging that misinterpretation of the law in court, and it won’t be the first time.

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The issue came up in 2005, when The Enquirer went to court to obtain a list of residential properties where children tested positive for elevated levels of lead. The Ohio Supreme Court ruled that disclosing information on the property would not identify the child. The same logic holds true for nursing homes and residents.

Privacy laws exist to protect individuals, not state-licensed businesses. If the state is collecting data on the number of deaths at long-term care facilities, by definition that information belongs to the public.

Licking County clearly understands that, as does Kentucky, Indiana and other neighboring states.

It’s time leaders in Ohio stop overextending privacy laws and give us a complete picture of the impact of COVID-19 on the most vulnerable of our fellow citizens.

Beryl Love is executive editor and vice president of news at The Enquirer. Email him at blove@enquirer.com.