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RI AG: Vaccinating hospital board members is “neither in conformity with, nor in violation of…”

Photo: Healthcare IT News

Rhode Island Attorney General Peter Neronha released a statement of review of the action of Lifespan – and Care New England – to vaccinate over 100 members of its various Board of Directors. Some highlights of the AG’s review are below as well as a link to the 8-page document.

What answers would be good to know:

Who made the decision to vaccinate board members?

How was this decision communicated to board members – memos, phone calls, documents?

How did board members communicate back their personal decision to be vaccinated – and to who?

Did board members bring their spouses/family members with them to be vaccinated?

What were the ages of each board member vaccinated?

Where was the vaccination location and who provided the vaccines?

What other activity occurred at the vaccination?

Were there any voluntary donations that passed from board members to hospitals?

What were the ages of each board member vaccinated?

Which board members turned down the vaccine? How was that communicated?

Those questions would tell us more about the “intent” of the action of administrators to vaccinate their top, volunteer leadership. If there was a legal action and investigation from the AG or court, those questions would have been fully made with documentation provided, but as the AG’s office acknowledges, “…there are no laws or regulations that govern this conduct, or perhaps more appropriately put, these choices.”

Some highlights of the report:

When this took place, “Lifespan and CNE were participating in the earliest stages of Rhode Island’s vaccination campaign…the stated goal…was to shore up our health care system and prioritize the State’s frontline healthcare workers — those with greatest risk of exposure to the virus. Meanwhile, with the exception of healthcare workers and other limited categories of people not relevant to this inquiry.”

“The appearance or perception that certain connected or wealthy individuals were, by virtue of their seat on a hospital board of directors, being given an opportunity to “jump the line” months in advance was upsetting to many and fueled anxiety among everyday Rhode Islanders who were dutifully waiting their turn.”

RIDOH communication

“RIDOH gave Lifespan and CNE wide discretion in vaccinating their hospital staff, including vaccination prioritization… RIDOH did not define who, among those connected with Lifespan or CNE, constituted “hospital staff,” leaving that vital question for Lifespan and CNE to determine on their own.

All these communications consistently indicated that only limited health care, public safety, and other frontline workers were eligible, along with nursing home staff and residents, and residents of Central Falls. The general population, starting with adults over 75 years of age, was not slated to be eligible until February/March of 2021.

RIDOH has advised this Office that “[t]he Hospital Systems’ decisions to vaccinate the members of the Boards when they were vaccinated were neither in conformity with, nor in violation of, RIDOH’s directives and guidance.” Neronha’s statement goes on to say that this decision by RIDOH effectively ends the matter.

Noteworthy is the comment that the hospitals also did not seek out the advice of RIDOH about their intended actions to vaccinate their Board. However, CNE did say that they could point “numerous telephone calls with RIDOH officials in which they “confirmed they had a similar overall perspective . . . on how the allotment of vaccine to our health system was to be used”. CNE felt that board members “serve a critical and essential function in overseeing the quality and financial integrity of the health care system…”. 17 CNE Board of Directors and its affiliate boards opted for vaccination.

Got a badge? Get a shot.

Lifespan interpreted “all personnel with a hospital badge, [which] included board members. Lifespan communicated internally that it was moving ahead to offer the vaccine to anyone with a Lifespan badge, which expressly included board members.

They mentioned that rather than “store vaccine” for different prioritized groups, “it was operating with the understanding that its ability to promptly administer vaccine would better enable the state to secure more vaccine in the future. Lifespan offered the vaccine to 110 board members, but can’t say how many opted for it. “This Office recognizes that speed, and a need to avoid waste and spoliation of vaccines were competing interests here, but we are not persuaded, based on the evidence that we have reviewed, that these competing concerns justified the decision to vaccinate board members.”

Some conclusions:

“By offering vaccinations to all of their board members, irrespective of any individualized criteria applicable to Rhode Islanders generally, at a time when Rhode Islanders were gravely concerned about their health and that of their loved ones, Lifespan and CNE erred, and significantly so.”

“We would be remiss if we did not conclude this report by acknowledging the extraordinary work, dedication, and sacrifice of both Lifespan and CNE and their thousands of employees and frontline health care workers over the past year, as well as the dedicated public servants at RIDOH. We are grateful for their hard work and leadership throughout this pandemic, and we look forward to our continued work together.The COVID-19 pandemic has taught us all about the importance of strategies that require individual sacrifice for the benefit of others and the broader community. The vaccination strategy is no different, and our collective ability to follow the rules will help keep Rhode Islanders safe.”

To read the entire document:

http://www.riag.ri.gov/documents/3.23.2021_Vaccine_Report_Lifespan_CNE.pdf

1 Comments

  1. RIhasDoneATerribleJob on March 24, 2021 at 11:38 am

    Gina Raimondo jumped the line too. When she received her shot she was not in the priority age group in RI nor was she a healthcare worker. She’s an administrator just like those on the BOD at lifespan.