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.
ST BERNARDINE 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 October 16, 2014. Also cited in 41 other reports.
Report ID: BJEG11, California Department of Public Health
Reported Entity: ST BERNARDINE MEDICAL CENTER
Issue:
Based on interview and record review, the facility failed to ensure the confidential treatment of protected health information (PHI) for Patient B when Patient B's PHI was given to Patient A in error when Employee 1 placed Patient B's operative report , in a copy of patient A's health record. This place patient B at risk for identify theft, and unauthorized access to Patient B's PHI by Patient A.Findings:During a phone interview on October 16, 2014 at 10:00 AM with the Facility Privacy Officer (FPO), an investigation was initiated for an entity reported incident of a breach for patient B's (PHI). The FPO stated that "Employee 1 included a copy of Patient B's PHI (operative report), in a packet with Patient A's medical record".During a review of the facility's Investigative Report on November 26, 2014 at 12:00 PM, the report revealed that on December 10, 2012, it was reported by the QA Department, to the FPO that Patient A was transferred on December 10, 2012, and that Patient B's PHI was included in Patient A's Medical Record.A review of the facility's policy and procedure titled, "Privacy Principles, dated January 17, 2012, indicated, "The privacy principles as described herein require that all Protected health information )PHI), as defined in the rules and regulations implementing the health Insurance portability and Accountability Act of 1996 (HIPPA), be maintained and secured in a manner required by the Act and other applicable federal and state laws."A review of the facility's "Annual Education Update requirements 2014" indicated, "All employees, business associates, contractors, and volunteers are responsible for taking an active role to protect patient and confidential information."This failure of Employee 1 to verify each document included in a health care record resulted in Patient B's PHI being released to an unauthorized person (Patient A).The CDPH verified that the facility informed the patient or the party responsible for the patient of the adverse event by the time the report was made. The ERI is substantiated with no regulatory violations.
Outcome:
Deficiency cited by the California Department of Public Health: Patients' Rights