Healthcare Group Refutes Claims That CEO Misused Confidential RI Patient Data for Work at Brown

GoLocalProv News Team

Healthcare Group Refutes Claims That CEO Misused Confidential RI Patient Data for Work at Brown

Neil Sarkar of RIQI and Brown University is at the center of the federal lawsuit PHOTO: LinkedIn
In January, GoLocalProv first reported that Rhode Island’s leading healthcare quality organization, comprised of the top healthcare executives in the state, was sued in federal court for allegedly allowing its CEO, Neil Sarkar, to misuse Rhode Islander’s confidential data and then punish the woman who blew the whistle.

Darlene Morris, a former top employee at the Rhode Island Quality Institute (RIQI), which is little known outside of the healthcare community, alleged that when she raised questions about her boss Sarkar, who has dual roles in healthcare — he is both the president and CEO of RIQI and an associate professor of medical services at Brown — she was retaliated against for voicing her concerns about his "misuse" of confidential data.

Now, RIQI is denying the majority of her claims. 

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Healthcare Quality Group Fires Back

Founded in the early 2000 by now-U.S. Senator Sheldon Whitehouse, RIQI plays a critical role and has access to the confidential information of hundreds of thousands of Rhode Islanders' healthcare records.

RIQI is the state’s Health Information Exchange (HIE), which is a voluntary exchange in which “confidential health care information of Rhode Island residents is maintained. The HIE maintains confidential health care information of approximately 550,000 Rhode Island residents or one-half of the population of Rhode Island.”

In its response filed on February 14, 2025, to Morris' underlying complaint, RIQI — who is being represented by attorneys William O’Gara and Kathryn Couture — admitted some of Morris’ claims, but denied the majority of others. 

RIQI admitted that Morris began employment with RIQI in 2012 and was promoted, but denied that she held “progressively higher leadership roles” in the organization. 

Moreover, RIQI denied that Morris reported directly to Sarkar, RIQI’s President - and denied that “with respect to issues of compliance, Ms. Morris reported directly to the RIQI Board of Directors.”

RIQI goes on to deny Morris’ claim that in accordance with its state contract, “RIQI was paid in large part with Medicaid funds.”

Moreover, RIQI denies that “at all relevant times, pursuant to the terms of a sub-award agreement, Defendant RIQI provided Brown University with HIE data for use in NIH funded-research grants by Brown University.”

 

State Contract in Focus

RIQI, in its response, admitted that “all relevant times, pursuant to the terms of a State Contract, RIQI was responsible for operating and maintaining the HIE.”

The organization refutes, however, Morris’ claim as to what the state contract required. 

RIQI denied Morris’ claim that “on information and belief the terms of the relevant State Contract provided in part: The Contractor shall take security measures to protect against the improper use, loss, access of and disclosure of any Confidential Information it may receive or have access to under this Agreement as required by this Agreement, the RFP and proposal, or which becomes available to the Contractor in carrying out this Agreement and the RFP  and the proposal and agrees to comply with State requirements for safeguarding Confidential Information, All such information shall be held in strict confidence and protected by the Contractor from unauthorized use and disclosure utilizing same or more effective procedural requirements as are applicable to the State.”

RIQI also denies that “In breach of the terms of the State Contract, RIQI granted external access to HIE data without having obtained the express written consent of the State of Rhode Island to do so.” 

In addition, RIQI denies that “in breach of the terms of the State contract, RIQI used HIE data for research without having obtained the express written consent of the State of Rhode Island to do so.”

 

Federal Court Building in Providence PHOTO: GoLocal
Role of Brown University’s Sarkar 

RIQI, in its response, denies Morris’ claims that “in 2020, after serving as the interim President and CEO, Dr. Sarkar was appointed as RIQI’s full-time President and CEO” and also denies that “all relevant times herein, Dr. Sarkar was employed at Brown University as and an Associate Professor and a leased employee of RIQI.”

One admission of fact that RIQI admits to is that as Senior Director, “Morris was responsible for overseeing the protection of  RHIO’s confidential HIE data.”

RIQI then goes on to refute Morris’ claim that in early 2023, “Dr. Sarkar sought to obtain HIE data reflecting 2.1 million home  addresses of Rhode Island patients for the purpose of an independent project supporting research  conducted at Brown.” It also denies that “rather than request the data from Ms. Morris as was established RIQI procedure, Dr. Sarkar circumvented Ms. Morris and requested the data directly from RIQI’s data department.”

Moreover, RIQI denied that “on about May 3, 2023, Dr. Sarkar made a presentation to the RIQI Board of Directors regarding a research study conducted at Brown by a Brown medical student.  To conduct the research, Dr. Sarkar relied on the HIE data of over 100,000 patients.”

Morris claimed that she then met with State Health IT coordinator Olivia King on May 26, 2023, where Morris said ‘King advised [Morris] that Dr. Sarkar’s conduct in using the State’s HIE data to perform research studies at Brown without obtaining the consent of the State to do so was a violation of state rules and regulations and a breach of the terms of the State Contract.”

RIQI in its response said it was “without knowledge or information sufficient to form a belief as to the truth of the allegations contained in [those paragraphs] of the Complaint and therefore denies the allegations [in those paragraphs].”

Moreover, RIQI denies the claim that “in September, 2023, Ms. Morris was tasked with reviewing Dr. Sarkar’s employment contract. In doing so, Ms. Morris advised RIQI’s counsel of her concern that Dr.  Sarkar’s position at Brown conflicted with his position and role at RIQI insofar as using HIE data to advance research at Brown violated state law and the terms of the State Contract.”

RIQI also goes on to deny Morris’ claim that on November 6, 2023, EOHHS filed a ‘Breach of Contract Dispute Complaint’ against RIQI with the Rhode Island Division of Purchases regarding Dr. Sarkar’s utilization of HIE data for research at Brown. 

 

RIQI Denies Whistleblower Claims

When Morris said she continued to blow the whistle on what she said was Sarkar’s illegal use of RIQI’s HIE data, the organization refuted her claims. 

RIQI denied Morris’ claim that on “March 1, 2024, EOHHS advised RIQI that it was suspending its review of requests for HIE data until the third or fourth quarter of 2024” and denied that “shortly thereafter, Dr. Sarkar threatened to restrict Ms. Morris’ duties and responsibilities at RIQI and to reduce her authority.”

Morris her complaint said that “by email dated April 8, 2024, Brown advised RIQI that it did not require RIQI’s approval to publish manuscripts that relied on HIE data provided by Dr. Sarkar, including [an] above-referenced revised manuscript;” RIQI denied that allegation. 

RIQI however “admitted that Dr. Sarkar instructed Plaintiff to advise Ms. King at EOHHS of Brown’s decision to publish.”

Morris said that on May 15, 2024, she “again met with [RIQIBoard Member and Chair of the Operations Oversight and Audit and Compliance Committies James] Berson regarding Dr. Sarkar’s continuing misuse of HIE data. She advised Mr. Berson of the escalating risk his misuse posed to RIQI; that the retaliatory restrictions placed on her were interfering with and obstructing her  ability, as RIQI’s Compliance Officer, to properly perform her job; and she reported the ongoing retaliation she was continuing to endure;” RIQI refuted that claim. 

RIQI further denied that “Morris proposed that the RIQI Board Audit and Compliance Committee be notified of any further requests to use HIE data for research. Ms. Morris’ proposal was ignored. Similarly, her reports of ongoing retaliation were also ignored.”

Morris alleged that “by letter dated May 23, 2024, Lisa Martinelli, Esq., General Counsel, EOHHS and Jacqueline Kelley, Associate Director, RIDOH, advised RIQI of their continuing concern that RIQI was allowing the unapproved use of HIE data for research;” RIQI denied the claim. 

RIQI did admit that Morris’ employment ended July 29, 2024. 

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