Officers seeking legal action citing HIPAA violation

"Everybody has a right to seek legal recourse" - that's Chief of Police Stephen Ignacio's response after hearing some officers with the Guam Police Department are seeking legal action as a result of a medical form issued to those on profile. KUAM News probed into the chief's reasoning behind the deep dive into an officer's medical record. 

"Since I've become chief, and every other chief before me, we have a responsibility to ensure that our officers perform their duties that are prescribed," Ignacio said. He chimed-in on a recent medical form that was issued to officers on profile within GPD. As KUAM reported on Thursday, the 3-page form  requested they have their doctor fill out and physical and environmental restrictions, medications along with dosages and side effects, and if they're fit or unfit for duty. The form, which was due on Friday, has several officers flustered because it's a  possible violation of the Health Insurance Portability and Accountability Act.

It's also being looked at as the top brass' way of weeding out uncooperative rank-and-file. Ignacio saying he has a responsibility, saying, "Every once and a while, officers experience medical difficulties, their status changes, it's my duty to see if officer can perform their duties as prescribed. If they're not able to, I'm able to have an understanding of duties they can or cannot perform."

But command staff would be aware of these limitations as officers are required to provide a doctor's note indicating difficulties so that they are properly placed within the agency. Despite certain limitations however, they are capable of performing tasks associated with their job.

When provided a copy of the form, Guam Federation of Teachers representative Robert Koss understands that GPD has a need to ensure safety of all employees but employees also have medical privacy rights. He adds that GPD must be careful to preserve these rights when seeking medical reports about its employees.

In knowing that there are officers that are seeking legal action, Ignacio said, "I'm not trying to take anyone's pay away, I'm not trying to demote anybody. My job is, I deal with this every day. I have officers who report to me - I can't do this or I can't do that. Because of physical, mental or medical limitations, as chief, I need to know as prescribed by law."