A few days ago, the U.S. Department of Health and Human Services (HHS) abruptly blocked public access to an online database that anonymously tracks state-by-state records of physician malpractice, medical errors and medical discipline.
Consumer groups protested but three journalism organizations have gone them one better -- by posting the database on a Website maintained by Investigative Reporters and Editors (IRE).
“The removal of the Public Use File — whose very name means for public use — eliminates a valuable tool for journalists whose goal is to educate and protect the public. This database has allowed reporters to uncover flaws that have toughened legislation, and without a doubt, saved the lives of patients across the country,” said IRE Board President Manny Garcia.
The National Practitioner Data Bank has been used by reporters for many years to investigate issues involving lax oversight of physicians. It has been the only comprehensive national source of reliable data on medical malpractice and other matters reported to the NPDB.
The version of the data that has traditionally been publicly available does not identify doctors, but contains other important information that allows journalists, researchers, consumer organizations, scholars and others to look for trends in disciplinary actions.
The data has for years been part of IRE’s Database Library, which obtains federal government data and makes it easier for journalists to use. The IRE database is normally available only to journalists who are IRE members but IRE has opened it to the public in response to HHS' action.
The Association of Health Care Journalists (AHCJ) and the Society of Professional Journalists (SPJ) have joined IRE in filing protests with HHS.
Reporter threatened
The journalism organizations also criticized a threatening letter sent by the Health Resources and Services Administration, an HHS agency, to a Kansas City Star journalist who used the database for a recent story. The agency warned the reporter that he could be liable for $11,000 or more in civil fines for violating a confidentiality provision of the federal law.
“We are also stunned that a public servant has the hubris to threaten a health care reporter for doing his job,” Garcia said. “HRSA should be delighted that journalists are using public information to help save lives.”
AHCJ President Charles Ornstein said he was puzzled by HRSA’s sudden action because reporters have used the public version of the data bank for years to assist in their reporting and learn additional details about physicians they already had been researching.
“We are troubled that the Obama administration appears to have placed the interests of physicians ahead of the safety of patients,” Ornstein said in a news release. “Attempting to intimidate a reporter from using information on a government website is a serious abuse of power.”
SPJ President Hagit Limor stated that “in one stroke, the very administration that promised greater transparency excluded information of obvious public value to patients across this country, information that had been accessible to journalists for years. This is clearly outrageous.”
To access the data, go to the NPDB download page. There are instructions for how to download the data through an FTP client or the online site.
AHCJ has collected several stories showcasing how journalists have utilized the database to report on malpractice cases and disciplinary action taken against doctors.