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Business personhood under state code allows officials to keep source of Legionnaires’ outbreak confidential

As of yesterday, there are 70 Legionnaires’ disease cases in Marshalltown, an increase of one from Thursday, and 49 from Sept. 4 when the state first announced its presence. As case numbers of Legionnaires’ disease continue to tick upward locally, frustrations over the unwillingness of state and local governments to identify the locations of the 12 cooling towers that are suspected as possibly containing legionella bacteria, which causes the disease, has steadily grown in Marshalltown.

According to Alex Murphy, director of communications for Iowa Health and Human Services (HHS), the department is following state code – specifically 217.30, 22.7(16) and 139A.3.

Now, under Iowa State Code 4.1, “Rules,” a “person” is an individual, corporation, limited liability company, government agency, business trust, estate, partnership or association or any other legal entity.

Under 217.30(1)a, information, the name and address of a person receiving services or assistance from the department and the types of services or amount of assistance provided is confidential. Under (c ), the agency evaluation of information about a person is also to be kept confidential; and (d), medical data including diagnosis and past history of disease or disability is to be kept confidential.

Under 22.7(16), information in a report to HHS, a local board of health, or a local health department, which identifies a person infected with a reportable disease is to be kept confidential.

In 139A.3, “Communicable and Infectious Diseases and Poisonings,” under subsection (b), a report or information which identifies a person infected with or exposed to a reportable disease is to be kept confidential. However, immediately following in subsection (c ), if the information, report or information pertains to a business, the identity of the business can be disclosed to the public if the state epidemiologist or director determines a release of information is necessary for the protection of the health of the public.

Murphy said the 12 towers are within the affected area of north central Marshalltown and each facility has initiated remediation, or cleaning, steps. All of the facilities have been cooperative and responsive.

“All towers are either completed or accounted for within the remediation process,” he said. “. . . With the assistance of the CDC, through their historical perspective and expertise, and our in-depth case investigation, we feel confident that the source is likely a cooling tower. However, out of an abundance of caution, our investigation has also included testing of other possible water sources to ensure nothing is overlooked.”

Testing is being conducted at the State Hygienic Laboratory in Coralville and can take as long as 14 days for results to come back. Murphy said that as of this point, none of the samples tested have grown any legionella.

“This outcome is not unusual and was anticipated as a possibility, since environmental testing can be difficult in known outbreaks,” he said.

Murphy added it is possible they may not be able to identify the source of the legionella bacteria, but they remain hopeful.

“We encourage anyone in the north central Marshalltown area that has symptoms such as cough, fever or shortness of breath to promptly see a healthcare provider for testing and treatment,” he said. “Legionnaires’ disease is treatable with antibiotics when caught early.”

Contact Lana Bradstream at 641-753-6611 ext. 210 or lbradstream@timesrepublican.com.

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