Republic of the Philippines DEPARTMENT OF HEALTH CENTER FOR HEALTH DEVELOPMENT Cordillera Administrative Region TBGHIIC Conspound, Bago Ciy 2600 Tel. Fax Nos. (074) 42-8097 1998 TRUNK LINE #: (07) 442-8096, 43-1858, 443-4859, 442-7591 wowwsaro.doh gov.ph IN THE MATTER OF THE COMPLAINT OF Case No.: MS. CHARISSE FAYE VICENTE (CHD-CAR-2021-11-09 AGAINST KAPANGAN DISTRICT HOSPITAL RESOLUTION For resolution before this office is the complaint filed by Ms, Charisse Faye Vicente against Kapangan Distrtct Hospital (Respondent - KDH) involving the complainants’ mother Ms. Brenda Dulnuan Vicente (the “patient” for brevity.) A copy of the complaint is hereto attached as Annex “A”. ‘The facts of the incident are reported as follows: Patient was admitted at Kapangan District Hospital on September 25, 2021. She was confined since then at the KDH until her demise on October 6, 2021 ‘On November 16, 2021, the complainant requested for the hospital records of her mother through the Facebook page of the Respondent. On the following day, KDH released to the representative of Ms.Vicente the Clinical Abstract of the patient. The complainant, however, returned personally to the health facility on November 18, 2021 requesting that the medical records of her mother be issued to her. Despite the explanation of the respondent on their policy regarding restricted release of such document, the complainant was not convinced. ‘On November 19, 2021, the Regulations, Licensing and Enforcement Division received the ‘complaint of Ms. Charisse Faye Vicente against Kapangan District Hospital relating how she was refused by the respondent to have access of her mother’s medical records ‘As part of the RLED process and in the observance of due process, respondent facility was informed ‘ofthe complaint and directed to submit comment or answer on the matter within three (3) days upon receipt thereof, which it complied. A copy of such request for comment and answer are hereto attached as Annex “B”. The answer was forwarded to the email address provided by the complainant. and also advised to submit reply or comment to the answer of KDH within three (3) days. The ‘complainant, however, failed to reply or submit comment on the answer of the respondent. ‘The Department of Health Center for Health Development Cordillera Administrative Region- Regulations, Licensing and Enforcement Division (DOH CHD CAR-RLED) tried to contact her through her mobile phone but failed. Likewise, the Registered Mail intended for Ms. Vicente was not received and tagged as “Return. to Sender”, Despite all means exhausted to communicate with the complainant, these efforts proved futile. ‘On November 22, 2021, RLED then proceeded to conduct review of documents involving DOH -approved policies on Records Management. Similarly, adopted policies of the respondent health facility, attached herewith as Annex “C”, was also reviewed. ‘Complainant has stated that KDH denied her request to have a copy of the medical records of her late mother Ms. Brenda D. Vicente to which Respondent replied on November 24, 2021 and received by this Office on November 25, 2021 In their answer, KDH argued, “The DOH Hospital Medical Records Management Manual expressly provides for an instance when access to the medical record of a patient can be refused, which based on our judgement at that time is applicable to the request of Ms. Vicente, viz: “The round metal gong ofthe CorderaKrow locals “pangsa” isa symbol of the upland people's calture that has Been passed ‘on rom generations te another. ‘The profle of person blowing 2 “tangguyub” represents a community being calle for an important matte or action. ‘Thelines that shape the mountains, the rice teraces, clouds and rivers symtolze the connectivity and flow of human Interaction Ina geogrophle area such asthe Cordero, ‘Ailthesymbots combine represent unity and harmony of its people with cuture and environment in besting the gong for2 3.1.6 The medical record is the physical property of the hospital. However, since the information written on the record is the patient's personal history, he/she also has aright to the said record, In cases where litigation is likely to happen and is intended against the hospital or any other personnel of the health care facility, the Medical Director/COH may refuse or deny access to the record even with the patient’s written authorization, until the court declares otherwise.” Relevantly, the Hospital Health Information Management Manual, 3% Edition, formerly Hospital Medical Records Management Manual, reiterated this policy on handling medical records under General Policies of its Release of Health Information section; ‘In cases where litigation is likely to happen and is intended against the health facility or any of its staf, the Chief of the Health Care Facility may refuse or deny access to the record even with the patient’s written authorization, except on court order. ‘Understandably, the respondent, upon hearing that the complainant will seek legal advice decided to exercise their privilege to refuse or deny access to their record, except on court order. It can be gleaned also in the submitted answer of the respondent health facility thatthe complainant was given 1 copy of her mother’s Clinical Abstract, and as explained by the personnel of KDH, “the Clinical Abstract is the abstraction of her mother’s medical records during her hospitalization, hence all essential contents of the medical records ean be found at the Clinical Abstract”. Although the document given is not what the ‘complainant wanted, she was not totally denied of the hospital records of her late mother even without a ‘writen request. ‘As part of continuous quality improvement, the respondent hospital is enjoined to enhance their policies to either include the provision of a complete and understandable explanation of rules/policies to the patients, ‘watchers, their relatives and the possible outcome of self-conduction, orto revisit their protocols and align it with the revised DOH-approved Hospital Health Information Management Manual IN VIEW THEREOF, and premises considered, the complaint is hereby DISMISSED for lack of sufficient basis SO ORDERED. Department of Health - Center for Health Development, Cordillera Administrative Region, January 5, 2022 dnuay ’. CONSTANTINO, MD, MPH, CESO IV Director IV ‘Attachment ‘Annex A: Complaint form ‘Annex B: Answer of KDH. Annex C: Policy of KDH on Handling of Medical Records. Co; Dr. Reynelle C. Del Amor- MO IV/ OIC: KDH. Ms. Charisse Faye D. Vieente Dulnuan987/@gmail com Ms. Mercedes S. Calptio, MD- DMO V, Benguet Province