FRUSTRATIONS AMONG PRISONERS RISE AS IDOC REFUSES TO DISCLOSE COVID-19 TESTING RESULTS TO THOSE TESTED
Imagine going to the doctor and being tested for AIDS, HIV or some other life-threatening disease, only to have the doctor inform you that he cannot tell you the results of the test. Imagine the anger, worry and the anguish you and your family would go through - the not knowing.
In what can be described only as ridiculous, prisoners at the ISCC are being informed that they have no right to know the results of COVID-19 tests performed on them. This means that prisoners who have been tested, in most cases, have no idea whether or not they have actually contracted the virus, or might still have the disease. This is leading to frustration, anger and resentment which will certainly come to a head in the days or weeks to come as more prisoners are quarantined without even knowing whether or not they are, or ever were sick.
Idaho law actually allows prison officials to keep secret all records of a prisoner - including medical records - even from the prisoner him/herself. The statute (Idaho Code 74-113(3)(e)) does not prevent the disclosure of the record, rather, it provides an exemption under the public records statutes which allows the IDOC to deny the records to prisoners at will, records which would normally be disclosed to a person seeking records about themselves which are maintained by a state agency under the Idaho Public Records Act. Because these [test results] are medical records, the records cannot be released to others without a signed release (in which case the IDOC still refuses to disclose the records) or subpoena due to state and federal privacy laws (the most notable is the HIPAA or Heath Insurance Portability and Accountability Act).
Take the case of prisoner Dale Shackelford. Doing what he felt was the responsible thing (despite already being locked down) he reported symptoms of the coronavirus, including headache, nausea, lethargy and loss of sense of smell. Shackelford was swabbed for testing by medical staff on July 11, 2020. Several days later, medical staff appeared at Shackelford's cell door daily to measure his blood oxygen level, pulse and temperature. When Shackelford asked for documentation on whether or not he had tested postive for COVID-19, (been infected) medical staff replied simply, "You are". [See the post I'VE TESTED POSITIVE FOR COVID-19... NOW WHAT? on this site.] Almost a week later, after days of cohorting with other prisoners in the dayroom (who have not yet been tested), a bright red sign appeared on Shackelford's cell door with the word QUARANTINE in large black letters, and Shackelford was thereafter not released with others.
Now, after informing family and friends of his infection, Shackelford isn't so sure if he ever was infected. On July 30, 2020, a medical Provider (physician's assistant) arrived to speak to Shackelford. After reviewing medical records, the Provider informed Shackelford that he was released from quarantine status, yet the red sign continued to remained on Shackelford's cell door, despite Shackelford being the only person assigned to the cell. Days later, after asking several medical and security staff who is responsible for having the sign removed (so that Shackelford could enjoy dayroom time, microwave his frozen common fare meals, participate in outdoor recreation, etc.), Shackelford has still not been provided an answer, but was told that any prisoner could be quarantined even without having tested positive, having any symptoms, or having had contact with anyone who tested positive. In the meantime, prisoners who have not been tested are leaving the unit to work in food service, medical and other sensitive areas of the facility.
As Shackelford continues to ask medical staff for a written copy of his test results, the number of different answers rises. One nurse stated that Corizon does not receive written results because the tests are done based on a grant from the federal government. Another nurse stated that she would send a copy (never did) while yet another was able to cite the Idaho statute title which exempts disclosure of records (as described above) off the top of her head. A written request for a copy submitted by Shackelford has gone unanswered.
As of this writing, there is still no explanation as to why there is still a quarantine sign on Shackelford's cell door despite the Provider having cleared Shackelford from quarantine status days before. Whether Shackelford actually tested positive for COVID-19 or not, or just had symptoms which mimic those of persons infected, that too is a question that remains, and Shackelford himself may never know whether or not he was infected, and Shackelford is not alone. According to one nurse, several prisoners at the ISCC are facing the same dilemma, and remain on quarantine status long after they have been cleared by medical Providers because, as this nurse opined, one hand doesn't know what the other is doing.
While IDOC Director Josh Tewalt and his team are doing what they can to mitigate the lock downs, quarantines and other restrictions faced Idaho prisoners due to the COVID-19 pandemic - and doing a bang up job - there is only so much that admistrators can do from the Central Office.
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Written 8/3/20
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FOLLOW UP: This article was held by IDOC censors for 10 days before it was sent out of the ISCC. In that time, Shackelford was released from quarantine status.
On August 13, 2020, prisoners assigned to F Block at the ISCC were mass tested for COVID-19. Untested and prisoners who had previously been tested for some reason and who's results had come back negative for the virus were retested. Prisoners who had been previously tested and had come back positive were not. Shackelford was not retested, indicating - though still not having been officially or directly verified/notified - that Shackelford had indeed been infected with the coronavirus.
Shackelford is doing well at this writing, but what happens in the future with the virus and lack of viable protocols remains to be seen.
On August 13, 2020, prisoners assigned to F Block at the ISCC were mass tested for COVID-19. Untested and prisoners who had previously been tested for some reason and who's results had come back negative for the virus were retested. Prisoners who had been previously tested and had come back positive were not. Shackelford was not retested, indicating - though still not having been officially or directly verified/notified - that Shackelford had indeed been infected with the coronavirus.
Shackelford is doing well at this writing, but what happens in the future with the virus and lack of viable protocols remains to be seen.