COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA

Report ID: HI6G11, California Department of Public Health

Reported Entity: COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA

Issue:

Based on interview and record review, the hospital failed to protect the patient's right for confidential treatment for one of one sampled patient (1), when hospital staff discussed a patient (Patient 1) by name in a public area. This failure resulted in the disclosure of Patient 1's private information to unauthorized individual(s). Findings:The California Department of Public Health received a faxed report on 8/1/13, which indicated on 7/24/13, two hospital employees were talking to other hospital employees about Patient 1's injury and making fun of her. Patient 1 was also a hospital employee. During an interview on 9/5/14 at 12:05 p.m., the privacy officer (PO) stated Patient 1 had placed a hotline call on 7/24/13 and stated coworkers (RT and CW A) were gossiping about her medical condition and operations. PO stated another coworker, FSW, had telephoned Patient 1 and told her about the conversation. PO stated RT had remembered most about the dinner conversation and was speaking about Patient 1's habits and not her injury. During an interview on 9/8/14 at 1:10 p.m., RT stated he had a conversation directly related to something he had read on Patient 1's web page, about an upcoming court date where Patient 1 was supposed to be winning a court decision. RT stated it was inappropriate for Patient 1 to have made an idle threat toward the hospital. RT stated Patient 1's injury and daily medical attention had been well documented on her web page. RT stated he must have mentioned Patient 1's name. RT stated he first found out about Patient 1's complaint when PO had talked to him about it. RT further stated he thought the conversation at dinner on 7/24/13 was about social media. During an interview on 9/12/14 at 3:10 p.m., FSW stated CW A was having a private conversation on his telephone when he had mentioned he had hurt himself. FSW said, at the other end of the table RT stated "Oh oh, what, you going to be like another [Patient 1's name]?" FSW stated RT had said it softly and no one responded. FSW stated he stood up and softly stated "that could be HIPAA". No one responded. FSW stated he walked away from the table.A review of the hospital's 03/2012 "Confidentiality of Patient and Hospital Business Information" indicated confidential patient information must be kept completely confidential.

Outcome:

Deficiency cited by the California Department of Public Health: Patients' Rights