Failure to Protect Resident Privacy and Confidentiality of Health Information
Penalty
Summary
The facility failed to maintain the privacy and confidentiality of residents' personal and medical information in two specific instances. First, a resident with moderate cognitive impairment was assessed for cognitive status using the Brief Interview of Mental Status (BIMS) in a public corridor, where other residents and staff were present and could overhear the assessment. The MDS nurse conducting the assessment acknowledged that it should have been performed in a private space, such as the resident's room, to protect the resident's privacy and dignity. The Director of Nursing also confirmed that the assessment should not have been conducted in the hallway. Second, a sign titled 'Feeding List for 7-3 and 3-11' containing the first and last names and room numbers of 19 residents was posted on the Unit 6 dining room door. This sign was visible to residents, staff, and visitors during meal times. Staff members reported that the list was used as a reference for feeding assistance and had been posted for over a month. The Unit Manager created and updated the list, and the Administrator confirmed that posting this information publicly was a violation of HIPAA, as it made protected health information visible to unauthorized individuals.