PROVIDENCE – The R.I. Office of the Attorney General has found that Lifespan Corp. and Care New England Health System did not violate any law or specific directions from the R.I. Department of Health when they vaccinated volunteer board members at an early stage of the vaccine rollout in Rhode Island.
But Attorney General Peter F. Neronha said RIDOH failed to provide any direction or limits to the health care entities, which had first access to vaccines in the state to protect frontline and essential health care workers.
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That both Lifespan and Care New England chose to vaccinate board members, who work remotely, represented an erosion of public confidence in the fairness of vaccine distribution, Neronha wrote, in a letter released Tuesday.
Care New England vaccinated 17 volunteer board members, while Lifespan offered the vaccine to 110 board members, according to the document.
RIDOH, on three occasions, told the attorney general’s office investigators that it had not provided guidance or limitations to the health care entities in how to distribute the vaccines among their workforce.
“This office’s ability to hold anyone to account here is constrained by the lack of guidance or direction provided by RIDOH to Lifespan and [Care New England] during the initial vaccination rollout,” Neronha wrote. “There is nothing that this inquiry has unearthed to suggest that Lifespan or CNE, by vaccinating board members, violated or acted contrary to any specific guidance or directive issued by RIDOH. The three entities are all in agreement with respect to that, and we have found no evidence that suggests otherwise.”
While the R.I. Department of Health gave the health care organizations wide latitude, they should have made the distinction between health care workers and voluntary board members, he wrote.
In early January, when the board members were being vaccinated, the public was being told by RIDOH that vaccine supply was extremely limited, and that people aged 75 and older would have to wait until February.
“The distinction is one of privilege, access and connections, and, in some circumstances, wealth,” Neronha wrote. “Lifespan and CNE, even absent better direction from RIDOH, should have realized that offering vaccinations to this small, yet privileged subset undermined public confidence in the system writ large, particularly when, at the same time, the public was receiving communications from RIDOH indicating how very constrained and limited the eligibility was. This erosion of public confidence in the fairness of the process undermines broader willingness to follow the rules.”
“By offering vaccinations to all of their board members, irrespective of any individualized criteria applicable to Rhode Islanders generally, at a time when Rhode Islanders were gravely concerned about their health and that of their loved ones, Lifespan and CNE erred, and significantly so,” Neronha continued.
The attorney general’s office investigated the matter after learning from press reports that board members had received vaccinations.
When it spoke to officials at Care New England, it determined that Care New England interpreted the term “health care workers” to include a broad definition of clinical and non-clinical workers. Its board members were vaccinated as part of its third wave of vaccinations within its system. “CNE felt that board members “serve a critical and essential function in overseeing the quality and financial integrity of the health care system,” the letter stated.
Lifespan, meanwhile, vaccinated all volunteers who had badges, which included board members, as part of it’s final wave of inoculations.
Neither Care New England nor Lifespan sought prior approval from the R.I. Department of Health before it offered vaccinations to board members, the attorney general’s letter stated.
Going forward, the R.I. Department of Health should communicate more clearly to the public what it is doing with vaccine deployment and why, the attorney general said.
Asked for a response, a spokesman for the R.I. Department of Health said the department was still reviewing the attorney general’s letter.
Care New England responded to the attorney general’s report by stating it was “pleased” the office found it had not violated any directives, policies or laws by vaccinating board members.
“During the duration of the COVID-19 pandemic, Care New England has worked diligently to vaccinate its workforce, as well as patients, in order to provide the highest quality of care to everyone in our community,” the company stated.
Lifespan issued the following statement from Dr. Timothy J. Babineau, president and CEO.
“Lifespan has played an important role for the state in combating this pandemic for more than a year. We have been committed to the equitable and efficient distribution of vaccines from the very beginning of the statewide vaccination program. Our intent and actions have always been to work in accordance with the guidelines received from the Rhode Island Department of Health. That remains the case to this day,” said Babineau. “We acknowledge, along with the attorney general, the importance of public perception and holding ourselves to the very highest of standards. We remain dedicated to do all we can to bring the victims of COVID-19 back to health, to get vaccines into arms, and to stop the spread of this virus.”
Mary MacDonald is a staff writer for PBN. Contact her at macdonald@pbn.com.
Update: Adds fourth paragraph about number of vaccines offered to board members. Adds paragraphs 17 and 18 with comment from CNE.
