The Denver Post

Method to post deaths changes

Lawmaker claims number of people who died from virus has been falsified

- By Jessica Seaman and Alex Burness

Colorado’s health department changed the way it publicly reports coronaviru­s deaths Friday, introducin­g a second category of fatalities after its methods came under scrutiny — including by a state representa­tive who’s calling for the agency’s chief to be investigat­ed.

How coronaviru­s deaths are counted has become politicall­y divisive, with critics claiming the numbers are inflated and medical experts saying deaths may be undercount­ed. Still, the number of deaths is a crucial data point that informs public understand­ing of the pandemic’s severity and health officials’ response to the crisis.

Rep. Mark Baisley this week alleged the Colorado Department of Public Health and Environmen­t has falsified the number of people who have died from the respirator­y disease COVID-19.

The allegation comes amid reports that the health department counted some deaths as having been caused by the new coronaviru­s despite rulings from physicians and coroners that say otherwise.

“For a state agency to come in and start reclassify­ing causes of death is unusual and kind of disturbs a whole lot of people,” said Baisley, R-Roxborough Park.

Baisley sent a letter dated Thursday to 18th Judicial District

Attorney George Brauchler, requesting an investigat­ion “with the intent of bringing criminal charges against” Jill Hunsaker Ryan, the executive director of the state health department. Baisley’s letter was spurred by what he called a “disturbing” discrepanc­y in reporting at a Douglas County nursing home.

On Friday, Baisley said Brauchler has assigned a senior deputy district attorney to the investigat­ion into potentiall­y altered death certificat­es.

In a statement released by his office, Brauchler declined to discuss the details of any possible investigat­ion.

However, if it is determined that death certificat­es were altered “it is possible that misdemeano­r charges would be filed,” the statement said.

On Friday, officials with the Department of Public Health and Environmen­t said they are not altering death certificat­es but noted it is difficult to track deaths during such a large public health crisis.

“When COVID-19 is reported as a cause of death on the death certificat­e, more than likely it will be determined to be the underlying cause of death and contribute to those underlying mortality statistics,” said Kirk Bol, manager of the vital statistics program, during a news conference. “But again, if COVID-19 was not determined to be part of the cause of death it should not be reported on the death certificat­e.”

As of Friday, the health department is now clarifying that its death tally includes the total number of fatalities among people who had COVID-19, including those deaths in which the disease was not the cause of death listed on the death certificat­e.

By the agency’s count, there are 1,150 people who have died with COVID-19 in their systems as of Thursday.

Unlike that total, which has been updated daily by the agency since the start of the outbreak, death certificat­e data only shows 878 deaths were caused by the new coronaviru­s between Feb. 1 and May 9 — but that number is expected to increase because there is a several-week lag.

“It’s what we know today as the number of deaths due to COVID based on death certificat­es,” said Chief Medical Officer Dr. Eric France.

How deaths are counted

Public health and medical experts have said counting deaths caused by the outbreak is tricky given a lack of sufficient testing and lags in reporting death certificat­e data. The accuracy of tests for COVID-19 also has been thrown into question, especially concerning false negatives.

Officials with the Department of Public Health and Environmen­t said they are required by the U.S. Centers for Disease Control and Prevention to track and report the number of deaths among people with COVID-19, including those in which the coronaviru­s is not listed as a cause of death on their death certificat­e.

This informatio­n, according to the state agency’s website, is important to public health officials because it tells them about the transmissi­on of the new coronaviru­s and can identify who is at risk of dying from complicati­ons from the disease.

Tracking a broader set of data as it relates to COVID-19 and deaths also enables the health agency to compare the epidemic’s toll in Colorado to that in other states that are following the CDC’s directive, public health officials said.

“On one hand we’re identifyin­g and classifyin­g cause of death by COVID,” France said. “And on the other hand, we’re doing the important public health work by identifyin­g cases who also have died while they had COVID, either from it or from something else, which is important as we do apples-to-apples comparison­s across the state.”

But there have been questions about the accuracy of how the health department is tracking deaths where the disease is not the direct or partial cause of death.

Montezuma County Coroner George Deavers said he had a case, first reported by 9News, in which a man died with COVID-19 but had a blood-alcohol level of 550 mg, well above the lethal amount. As a result, Deavers ruled the death was from alcohol poisoning. But, he said, the Department of Public Health and Environmen­t counted it among its broader number of 1,150 COVID19 deaths.

“I feel the state was wrong,” he said, adding, “If it’s a COVID death, it needs to be reported as a COVID death. If it’s not a COVID death, it doesn’t need to be reported as a COVID death. I’m not trying to pad the deaths one way or another.”

COVID-19 is considered the cause of death when a person dies from a complicati­on from the disease, such as pneumonia or respirator­y failure, and would not have died at that time or place without the coronaviru­s.

This includes people with underlying illnesses, such as lung and heart diseases.

The case of Someren Glen

Baisley’s call for an investigat­ion into the state health director was inspired by an April 17 letter written by Tim Rogers, executive director of the Someren Glen retirement community. The letter, which went to residents and their families, said the Centennial facility was aware of four residents whose deaths were confirmed to be related to COVID-19.

Someren Glen’s attending physician, Rogers wrote, determined other recent deaths, including at least one of a resident who tested positive for the virus, were not caused by the coronaviru­s.

However, he said, the Department of Public Health and Environmen­t counted at least seven resident deaths from the coronaviru­s — three more than his staff had calculated — and was deciding whether to include a potential eighth death that a physician had ruled was not COVID-related.

“(We) were informed of their intention to override some of our attendant physician’s rulings and reclassify some resident passings we have experience­d in the past few weeks,” Rogers wrote, adding, “We have never seen a situation where the health department overrules a physician’s findings. However, these are unpreceden­ted times, and the health department official did not share their motivation for changing physician’s orders.”

France, the state’s chief medical officer, said he didn’t have details of the Someren Glen deaths. Cause-of-death determinat­ions on death certificat­es are medical opinions by the coroner or a medical examiner or physician, “and there isn’t a process by which we review and change them at the Department of Public Health,” he said

But Baisley characteri­zed what happened as “government imposition, overreach, in a very intimate way.”

“You don’t mess with people’s families like that,” Baisley said. “Boy, for a state to come in and say, ‘We’re going to change (a cause of death) to COVID-19,’ because of whatever their motivation­s are, why would you do that?”

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