Date:
03/03/2023
Subject:
Don Burgmaier/Broadlawns Medical Center - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Don Burgmaier, Complainant And Concerning: Broadlawns Medical Center, Respondent |
Case Number: 23FC:0005 Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On January 17, 2023, Don Burgmaier filed formal complaint 23FC:0005, alleging that Broadlawns Medical Center (BMC) violated Iowa Code chapter 22.
Mr. Burgmaier alleged that on December 29, 2022, he requested his complete medical file, “including but not limited to the video/monitoring the night I spent at the Sleep Clinic on November 23rd, 2022.”
He further alleged that BMC did not release these medical records.
On January 24, 2023, a representative of BMC responded to the complaint and indicated that they were trying to obtain a copy of the video and had his other medical records available for him.
Mr. Burgmaier was contacted by BMC on January 25, 2023, and his medical records, including the sleep video, were released to him on that date.
Medical records are confidential pursuant to Iowa Code section 22.7(2):
2. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim’s counselor are not subject to disclosure except as provided in section 915.20A. However, the Iowa department of public health shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual’s confidentiality.
These records would not be released as public records. Although Mr. Burgmaier did receive a copy of his medical records, the records were not released as “public” records. Public records are non-confidential records available to anyone.
The complaint does not allege a violation of Iowa Code chapter 22 and is without merit.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0005 is dismissed as legally insufficient and without merit pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on March 3, 2023. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of February, 2023, to:
Don Burgmaier
Broadlawns Medical Center