Failure to Protect Resident Privacy and Confidentiality of Medical Records
Penalty
Summary
The facility failed to maintain the privacy and confidentiality of residents' personal and medical records for 7 out of 10 residents reviewed. During observations, a nurse (LVN-D) left a medication cart laptop screen open and unattended, displaying multiple residents' information. Additionally, a report sheet containing multiple residents' information was left face up on the medication cart, accessible to anyone passing by. These incidents were directly observed by surveyors, who noted that the information was visible and could have been accessed by unauthorized individuals. Interviews with the involved nurse, the Director of Nursing (DON), and the Assistant Director of Nursing (ADON) confirmed that leaving residents' information exposed is considered a HIPAA violation. The nurse acknowledged awareness of the requirement to lock the computer screen and secure paperwork but stated she was busy and forgot to do so. Facility policy and residents' rights documents reviewed by surveyors also confirmed the expectation that personal and clinical records be kept confidential and not released without consent.