Judge Rules for State in Exeter Hospital Case

Merrimack County Superior Court Judge Richard McNamara sided with the state of NH that Exeter Hospital must grant the Department of Public Health (DPHS) broad access to the patients’ medical records. DPHS seeks broad access to the records for an ongoing investigation into the Hepatitis C outbreak the state alleges was due to ex-employee David Kwiatkowski diverting drugs when he worked as a cardiovascular tech in the Cardiac Catheterization unit.
During the investigation, they learned Kwiatkowski also had access to the hospital’s main operating room and intensive care unit. Exeter Hospital argued allowing the state to have broad access to patient medical records violated Federal and State Laws and filed an order of protection in August. The state argued that state law requires health care providers to report and provide information to Public Health (DPHS) pursuant to communicable disease investigations. The case was heard on Oct. 17.

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