Failure to Safeguard Resident Health Information During Discharge Notification
Penalty
Summary
The facility failed to safeguard residents' personal health information by sending involuntary discharge notices for two residents to the State Long-Term Care Ombudsman in another state, rather than to the appropriate ombudsman in New Mexico. Record reviews confirmed that the discharge notices for both residents were mailed to the wrong state, and not to the New Mexico State Ombudsman as required. This resulted in the residents' personal and medical information being shared with an unauthorized entity. During interviews, the New Mexico State Ombudsman reported learning of the error when contacted by the ombudsman from the other state, who had received the discharge notices. The State Ombudsman expressed concerns about the improper disclosure of resident information and the lack of resolution to ensure future notices would be sent correctly. The Social Services Director acknowledged sending the notices to the wrong state, explaining that she used a template provided by her Corporate Social Services Director, which included incorrect ombudsman contact information. She was unaware that the notices were sent to the incorrect recipient.