Failure to Protect Resident Privacy in Medication Packaging Disposal
Penalty
Summary
The facility failed to maintain the privacy and confidentiality of residents' personal and medical records by not properly securing medication administration packaging. During an observation, clear plastic medication packages containing residents' names, room numbers, and lists of administered medications were found discarded in an open trash receptacle attached to the medication cart. These packages were visible to anyone passing by, making identifiable resident information easily accessible. This issue affected three residents, including individuals with schizoaffective disorder, muscle weakness, difficulty walking, chronic obstructive pulmonary disease, heart failure, and cellulitis with limb loss. One resident had moderate cognitive impairment, while another had intact cognition. An interview with the DON revealed that staff were expected to remove or obscure resident names from medication packaging before disposal, either by removing the label or crossing out the name with a black marker. However, the discarded packages for the affected residents were found intact with all identifying information visible. The DON confirmed this was a violation of resident privacy and acknowledged that the facility did not have a policy addressing the proper disposal of medication packaging containing identifiable information. The facility's existing HIPAA policy only addressed electronic records and did not cover physical medication packaging.