Unauthorized Disclosure of Resident Medical Information
Penalty
Summary
A certified nursing assistant (CNA) assigned as the facility's transport person provided a list containing the names and medical appointment details of ten residents to another resident. The list included specific information about each resident's upcoming or missed medical appointments, such as MRI, orthopedic, podiatry, pain management, pulmonary, urology, nephrology, and dermatology visits. The CNA gave this list to a resident with the intention that it be delivered to the volunteer Ombudsman. The resident who received the list was cognitively intact, as indicated by a BIMS score of 15, and later presented the list to the Director of Nursing (DON), expressing frustration over the CNA's suspension. The CNA admitted to providing the list and acknowledged that this action breached residents' confidentiality. The volunteer Ombudsman confirmed that he did not receive the list. Facility records showed that the CNA had previously completed training on confidentiality and had signed a privacy and non-disclosure agreement. The facility's policy states that residents have the right to personal privacy and confidentiality of their personal and medical records. The incident was identified through interviews and record reviews, and it involved the unauthorized disclosure of protected health information to an unauthorized individual.