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.
EISENHOWER 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 November 8, 2012. Also cited in 279 other reports.
Report ID: SF0R11.01, California Department of Public Health
Reported Entity: EISENHOWER MEDICAL CENTER
Issue:
Based on interview and document review, the facility failed to ensure Patient A's PHI (Protected Health Information) was not disclosed to any entity not authorized to receive the information. This failed practice resulted in unauthorized access to Patient A's demographic information.Findings:On August 17, 2012, the facility reported a one-page lab order containing Patient A's name, date of birth, address, phone number, facility account number, facility medical record number, and insurance information was handed to another patient by a physician. On November 8, 2012, an unannounced visit was made to the facility to investigate a breach of PHI.In an interview with the Compliance Specialist, on November 8, 2012, at 10:30 a.m., the Compliance Officer stated, facility staff discovered the breach when a patient brought the lab request to the lab. Staff noted the document contained Patient A's information, not the patient requesting service. The Compliance Officer stated the document was handed to the unintended recipient by a primary care physician after an office visit. The Compliance Officer stated the medical staff was required to follow the same privacy laws as facility employees. On November 8, 2012, the document titled "Clinic Order Number XXXXXXXXXX-Bill to Clinic," was reviewed. The document was generated on August 9, 2012, and included Patient A's name, date of birth, address, phone numbers, facility account number, facility medical record number, and insurance information. In addition, the document contained Patient A's diagnosis. On November 8, 2012, the facility's policy and procedure titled "HIPAA-Use and Disclosure of Protected Health Information," with a last reviewed/revised date of November 18, 2011, was reviewed. The policy indicated:"To protect the patient's right to privacy and confidentiality; at no time will names or information be shared with any person who does not have a need to know in order to provide care." The policy defines PHI as "individually identifiable health information relates to an individual's health status or condition ... Information is considered PHI where there is a reasonable basis to believe the information can be used to identify an individual." A second policy titled "Patient Identification Policy and Procedure," with a last reviewed/revised date of January 3, 2011, was reviewed on November 8, 2012. The policy indicated it was an organization-wide policy and it applied to all services and care settings. The policy indicated in locations such as medical offices, all patients in the office will be identified using patient name and date of birth, prior to receiving examination or treatment.The facility failed to ensure Patient A's Protected Health Information was not disclosed to any entity not authorized to receive the information.
Outcome:
Deficiency cited by the California Department of Public Health: Health & Safety Code 1280