Search Privacy Violations, Breaches and Complaints
This database was last updated in December 2015 ago and should only be used as a historical snapshot. More recent data on breaches affecting 500 or more people is available at the U.S. Department of Health and Human Services’ Breach Portal.
Mercy Medical Center
Cited by the California Department of Public Health for a violation of California’s Health and Safety Code relating to medical privacy during an inspection that began on September 24, 2012. Also cited in 34 other reports.
Report ID: WS9O11, California Department of Public Health
Reported Entity: MERCY MEDICAL CENTER
Issue:
Based on staff interview and administrative document review the facility failed to keep Protected Health Information (PHI) confidential when Patient 2's discharge instructions were mistakenly given to Patient 1.This failure placed Patient 2's PHI at a potential risk for unauthorized use.Findings:On 9/24/12 at 2:30 p.m., Staff 1 (Privacy Officer) stated on 8/9/12 the hospital identified a possible privacy breach. The hospital's internal investigation revealed, Staff 2 (Registered Nurse) gave Patient 2's discharge instructions to Patient 1. Staff 1 stated Staff 2 should have verified the Patient's identity prior to releasing the discharge instructions.On 9/24/12 at 2:35 p.m., Staff 1 stated the discharge instructions contained Patient 2's: name, date of birth, date of service, medical record number, service account number, follow up instructions and hemoglobin count. The hospital's policy and procedure number IM-312 titled "Safeguarding of Protected Health Information and Sensitive Information," dated 12/9, contained the following documentation: It is the policy of [hospital] to comply with state and federal regulations regarding the safeguarding of physical and electronic form of Protected Health Information (PHI). Staff shall provide appropriate access to its information based on a need-to-know basis while preserving its confidentiality and integrity.Administrative document titled "PATIENTS RIGHTS" revised 6/12, indicated,..."You have the right to: ... 12. Confidential treatment of all communications and records pertaining to your care and stay in the hospital."
Outcome:
Deficiency cited by the California Department of Public Health: Patients' Rights