F0583 F583: Keep residents' personal and medical records private and confidential.
E

Privacy Breach in Shared Bathrooms

Lake Andes Senior LivingLake Andes, South Dakota Survey Completed on 09-05-2024

Summary

The facility failed to maintain privacy for four residents who shared adjoining rooms with a shared bathroom. Observations revealed that the bathroom doors had been removed and replaced with shower curtains, which did not provide adequate privacy. In one instance, a resident was unable to close the door because there was no door to close, and in another, a resident opened the curtain while seated on the toilet and interacted with surveyors. Conversations between staff and residents could be heard through the curtains, indicating a lack of privacy. Additionally, the shared bathrooms were used for storage or as conference rooms, further compromising resident privacy. Residents expressed discomfort and fear of being walked in on while using the bathroom. The director of nursing confirmed that the curtains did not provide privacy and needed to be changed, while the executive director acknowledged the inadequacy of the curtains and the expense of replacing bathroom doors. The facility's policy on promoting and maintaining resident dignity was not adhered to, as evidenced by incidents where a resident entered another's room through the shared bathroom, causing distress. The facility lacked a policy regarding the use of shower curtains or shared bathrooms, and the retractable doors had not been replaced since they broke. The facility's handbook stated residents have the right to privacy, which was not upheld in these instances.

Penalty

Inspection fine: $91,601
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0583 citations
Failure to Protect Resident Medical Information
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Failure to protect resident medical information on the 2B med cart. During a med pass, an RN left the cart unattended in the hallway with the computer screen open and displaying identifiable resident information, and later confirmed that anyone passing by could see residents' personal and confidential data.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Information Left Visible on Medication Cart
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

An LPN on the Cardinal Unit left a laptop screen open and papers with resident personal information on top of the med cart outside a resident room, making the information visible to anyone passing by. The LPN confirmed the screen was not closed and the papers were left exposed, contrary to the facility policy for maintaining confidentiality during med administration.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Confidential Resident Information Posted in Public View
E
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

A resident's door had a posted "Feeder" sign, and meal tickets for several residents were placed where they could be seen by the public on a hall. The sign and tickets contained resident-specific information, including names, room numbers, and dietary instructions, and staff confirmed the postings were used to direct feeding and meal service. The DON stated the postings were HIPAA and resident rights issues because they exposed PHI and affected resident dignity and privacy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unattended resident records left under laptop on treatment cart
E
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

An LVN left 19 residents’ medical records tucked under a laptop on an unattended treatment cart in a hallway. The records included names, DOBs, diagnoses, treatment plans, and several wound photos, and the LVN stated this violated HIPAA and residents’ privacy and confidentiality rights.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Protect Resident Confidential Information
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Failure to Protect Resident Confidential Information: A resident’s shower sheet containing personal health information was left unattended on the nurse counter in full view at the 400-nurse station. The ADON, Administrator, and DON all identified the incident as a HIPAA and privacy violation, and CNA B stated she had no reason for leaving the information uncovered despite prior HIPAA training.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Opened Resident Mail
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Opened Resident Mail: Two cognitively intact residents did not receive unopened correspondence. One resident received VA mail that had been opened and taped shut, and staff and family still had the envelope. For another resident, staff opened and sorted cards and letters from the public, said some were inappropriate, and did not ask the resident whether he wanted the mail opened or read to him. Staff acknowledged residents have the right to receive mail unopened, and facility records showed no care plan focus related to mail privacy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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