Investigation finds discrepancies in HIV tests of Miami veterans

MIAMI — At least eight military veterans who were tested for HIV at the Miami VA Medical Center received a different result when they were screened for a second time by an outside lab — a discrepancy discovered only after an employee at the Miami facility complained to outside agencies and the White House that local managers were ignoring his concerns, according to an independent federal investigator.

The Department of Veterans Affairs investigated the complaints and said it was unable to substantiate the employee’s claims after a four-day visit to the Miami VAMC in October 2016.

On Wednesday the U.S. Office of Special Counsel, an independent federal investigative agency, called the VA’s findings “unreasonable” and expressed “incredulity” that the Miami VAMC complied with new HIV testing policy only after the employee complained to outside agencies.

In a letter to President Donald Trump, Special Counsel Henry J. Kerner said VA investigators were unable to substantiate the claims because they loosely interpreted the deadline for the Miami VAMC to comply with the new HIV testing policy.

Kerner added that Miami VAMC officials failed to respond to concerns raised by the employee, Roman Miguel, a lab director, until after Miguel complained to the OSC in May 2016 and hand-delivered a notice to Miami VAMC Director Paul Russo on June 30, 2016.

“I am incredulous that compliance with Directive 1113 (the policy) and implementation of fourth-generation HIV testing occurred only after Mr. Miguel’s disclosures and OSC’s intercession,” Kerner wrote in the letter.

Kerner noted that the OSC also asked VA Secretary David Shulkin to report on whether all of the agency’s medical facilities around the country were using the latest HIV testing procedures as required by the 2015 policy.