County won't release name of 12 lead landlords'
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By Leigh Jones
The Daily News
Published February 20, 2008
GALVESTON — The Galveston
County Health District will not release the names of 12 property owners
mentioned in a recent study of the island’s lead contamination levels, unless
the Texas Attorney General says it must.
The Daily News requested
the names of the owners and the addresses of their properties under the Texas
Open Records Act.
But Myrna Reingold, with
the county’s legal department, said on Tuesday she thinks the county was
prohibited by state and federal law from releasing the information because of
patient confidentiality requirements.
“The issue is not about
land owners,” she said. “The issue is about giving out the addresses of people
who’ve undergone blood lead level testing.”
Section 88.002(b) of the
Texas Health and Safety Code, cited by Reingold as justification for withholding
the information, states that reports, records and information relating to cases
or suspected cases of childhood lead poisoning and children with blood lead
levels of concern are not public information under the open records law and may
not be released or made public.
Reingold said both the
Medical Practice Act and the Health Insurance Portability and Accountability Act
might also prevent the health department from releasing the information.
Questions about the
identity of the property owners were raised after Houston’s Baylor College of
Medicine released its lead contamination study last year. Galveston’s lead
poisoning cases are six times higher than the state average.
While analyzing the
properties most likely to be contaminated, based on where children with elevated
blood lead levels lived, researchers discovered 20 percent of the buildings
belonged to just 12 property owners.
Other cities, like Boston,
have released lists of contaminated properties as a way to force owners to clean
them up.
Baylor researchers, who
obtained information about cases of lead poisoning from the local health
department, turned over the results of their work to local officials late last
month.
The study paired medical
data with property information from the Galveston Central Appraisal District in
an attempt to predict where contaminated properties not already identified as
such might be located.
The resulting map shows a
hot spot of likely contamination between 25th and 48th streets, both north and
south of Broadway.
Two-thirds of Galveston’s
housing stock was built before 1978, when the federal government banned lead in
residential paint.
www.galvnews.com
For More Information Contact: Kurt Koopmann Public Information Officer Galveston County Health District
409-938-2211 or 409-392-0007
kkoopman@gchd.org |