COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA

Report ID: WBKT11, 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 patient rights for confidential treatment for one of one sampled patient (Patient 1), when Patient 1's family member was given information of the patient's hospital location after Patient 1 had signed a form not to provide any hospital information to anyone. This failure resulted in Patient 1's right for confidential treatment not being followed.Findings:The California Department of Public Health received an online report from the hospital on 7/7/15, which indicated Patient 1 had filed a complaint with the hospital which indicated on 6/28/15 a staff member had, without permission, notified Patient 1's family member Patient 1 had been transferred to the hospital's emergency department (ER) for treatment of a medical condition.During an interview on 7/13/15 at 11:45 a.m. the hospital's director of risk management and privacy (PO) stated upon admission Patient 1 had completed a form which indicated nobody outside the hospital was to be given information about him or his hospitalization. PO stated Patient 1 had a medical event on the floor and was taken to the ER. PO stated Patient 1's family member came to the ER and Patient 1 said his rights had been violated. PO stated Patient 1 had called the hospital's privacy department on 6/29/15 to complain and spoke with the administrative assistant (AA). PO stated she had spoken to the assistant director of the unit (ADU) and the charge nurse (RN A) who both confirmed staff nurse B (RN B) had told ADU and RN A that Patient 1's location had been given to Patient 1's family member by RN B. During an interview on 7/13/15 at 1:10 p.m. AA said Patient 1 had called the hospital privacy department on 6/29/15 and stated "Someone in our organization broke HIPAA." AA stated Patient 1 had stated he was a patient in the hospital, had a medical event on the unit and was taken from the unit to the ER. AA stated Patient 1 had stated his family member was told he was being treated in the ER and he wanted no information to be given to anybody. AA stated Patient 1 was upset someone had notified his family member he was in the ER.During a telephone interview on 7/20/15 at 3:50 p.m. ADU stated she and Patient 1's family arrived in the ER on 6/28/15 at about the same time. ADU stated Patient 1 was very upset and told his family member to wait outside the ER room. ADU stated when Patient 1's family member came to the door of the ER room Patient 1 said to her "No, wait outside." ADU stated while Patient 1 was on the unit, his family member called many times, but since he did not want any information given out the hospital staff could not tell the family member anything. Patient 1 had talked to his family member on the telephone, but the patient had called the family member, so hospital staff could not transfer the family member's call to Patient 1.A review of an internal email sent from ADU indicated Patient 1 had completed a "Release of Information" form and had written "nobody" was to be notified in two places on the form and did not want calls from his family or anybody. The email indicated Patient 1 was sent to the ER and his family member called the unit where RN B told his family member Patient 1 had a problem and was in the ER. In the email ADU indicated RN B had told Patient 1's family member his location over the telephone, in front of ADU and another staff. The email indicated ADU told RN B the hospital did not have a release and Patient 1 did not want anyone to know he was in the hospital. The email indicated RN B answered by saying "He has been talking to his [family member] on the telephone" while on the unit.RN B was unable to be interviewed.A review of a copy of the hospital's "Release of Information Consent for Adult Patients" form signed by Patient 1 and witnessed with a date of 6/25/15 indicated information may be released to "nobody" and do not release information regarding Patient 1's presence except to "nobody".A review of a copy of the hospital's "Notification of Patient's Admission" form signed by Patient 1 with a date of 6/27/15 indicated Patient 1 did not want his next of kin or any other designated person to be notified of his admission to the hospital.A review of a copy of a letter dated 7/9/15 from the hospital to Patient 1 indicated Patient 1's concerns related to the unauthorized sharing of his medical condition on 6/26/15 were investigated and actions were taken.

Outcome:

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