Failure to Protect Confidentiality of Clinical Records Due to Staff Use of Personal Computers
Penalty
Summary
Facility staff failed to maintain resident clinical records in a manner that ensured privacy and confidentiality on two of three nursing units (Central and West/[NAME] wings). During observations on the units, six nurses were seen using their own personal laptop computers to access resident clinical records and documents. Staff interviews revealed that they resorted to using personal computers because there were not enough facility computers available, only one computer per unit, and some facility computers were missing chargers or were not charged, which staff stated caused delays in passing medications. Staff also reported that they could not access resident clinical records when offsite using their personal computers. In a meeting with the administrator, DON, and regional director of clinical services (RDCS), it was confirmed that staff were not supposed to use personal computers and that access to the electronic health record was limited to the facility’s network. During this discussion, it was acknowledged that there was no system in place to ensure that staff did not save residents’ personal medical or identifying information on their personal computers for later use. Facility documentation titled “Technology & Information Systems Acknowledgement,” updated 09/2023, stated that employees should use company computers and information systems primarily for company business only, but no additional information was provided to address the observed practice of using personal devices for resident record access.
