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Health director explains
need for balance
between escapee's
privacy, public safety

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By Mary Adamski
Star-Bulletin

The state Department of Health didn't notify the public that a Hawaii State Hospital patient ran away Monday, and it didn't broadcast the fact that the accused murderer returned to the Kaneohe facility without incident yesterday.

In the face of media criticism, Health Director Bruce Anderson doesn't apologize.

"Patient confidentiality provisions seem to override the need for public information," Anderson said yesterday.

He said the state attorney general advised that "we can't even confirm or deny a patient has left the facility, much less current treatment status. It is very awkward for us to toe that line when it is common knowledge that an individual is off the facility grounds."

He said hospital officials notify the police when a patient takes off on "unauthorized leave" and the police assume the public safety role, notifying the public as they did this week. "Their constraints would not be as significant as ours."

Despite the fact that Oahu and Maui police sought Benjamin C. Andrion as an escapee this time, the Maui man has been released from the hospital on passes several times to visit his family, according to his sister. Andrion, 43, was hospitalized 20 years ago after being found not guilty by reason of insanity for killing his mother and stabbing three other family members.

"We are not running a prison, we are running a treatment facility," Anderson said. "The degree of security depends on the type of treatment the individual is receiving. The best practice is the least restrictive environment. That was the reason for the Department of Justice lawsuit, that we were institutionalizing people who shouldn't be in an institution."

The hospital is operating under federal court oversight in a consent decree settling the 1991 suit.

"For people who do not present a public risk, we allow grounds privileges, to walk from building to building to different programs. An individual is not allowed to roam on campus but is monitored throughout day. They may be able to walk off but we would observe that they are missing within minutes."

Anderson said "We are concerned when anyone leaves without authority. We are concerned about patients not getting the medication or treatment they need. Depending on the situation they are in ... they may pose a threat and we are concerned about community."

In this case, "we gave the police information to know what they were dealing with."

Anderson admitted that, while following the state attorney's advice, "I have struggled with it for the last few days. We need to look at the law more carefully. ...

"We have to reach that balance between respecting individual privacy and assuring public safety. If anything, I would err on the side of public safety."