Failure to Protect Resident Privacy and Confidentiality of Medical Information
Penalty
Summary
The facility failed to ensure the confidentiality and privacy of residents' personal and medical information for fifteen out of twenty-five residents reviewed. Multiple lists containing sensitive medical information, such as residents using oxygen, those with Foley catheters, on dialysis, with g-tubes, and with pacemakers, were left unattended and visible on top of a nurse's cart in the hallway. These lists included residents' last names and specific medical interventions or devices, making the information accessible to anyone passing by, including unauthorized individuals. Additionally, a medication blister pack containing a resident's full name, medication details, prescription number, physician's name, and pharmacy information was left unattended on top of a medication cart outside the nurses' station. Observations confirmed that the paper with residents' last names and medical interventions was left in plain view on a nurse's cart, and staff interviews revealed uncertainty about who placed the paper there. The Assistant Director of Nursing (ADON) initially stated that the list was not considered a HIPAA violation because it only included last names, but did not respond when asked if the medical information itself was confidential. The Director of Nursing (DON) acknowledged that the information was medical in nature and should have been kept confidential, regardless of the circumstances that led to it being left out. Further interviews with staff, including the medication aide and the ADON, confirmed that the blister pack left on the medication cart was considered a HIPAA violation due to the presence of identifiable and confidential information. Staff admitted that the information should have been secured or at least flipped over to prevent exposure. The facility's policy on resident rights explicitly states that residents have the right to personal privacy and confidentiality of their personal and medical records, which was not upheld in these instances.