Scripps Mercy Hospital

Report ID: WGYQ11, California Department of Public Health

Reported Entity: SCRIPPS MERCY HOSPITAL

Issue:

Based on interview and record review, the hospital failed to ensure that one patient's (Patient 1) protected health information (PHI) was kept confidential and not discussed in the presence of friends of Patient 1. Findings:An on site visit was made to the hospital on 9/27/12, to initiate an investigation of an entity reported privacy breach. The hospital had reported to the Department that, on 9/19/12, a physician (MD 1) had discussed Patient 1's positive drug test in front of Patient 1's boyfriend. And, on 8/20/12, another physician (MD 2) discussed Patient 1's medical condition in front of another one of her friends. A review of Patient 1's medical record was conducted on 9/27/12 at 3:15 P.M. According to Patient 1's History and Physical, Patient 1 was admitted to the hospital on 9/16/12, for treatment of acute colitis (an inflammation of the inner lining of the colon). A urine drug screen obtained on admission was positive for methamphetamine (central nervous system stimulant). Patient 1 was seen in consultation by a gastroenterologist and a colonoscopy (examination of the colon with a colonoscope used to view the entire inner lining of the colon) was performed. An interview was conducted with MD 2 on 10/3/12, at 3:10 P.M. MD 2 stated that "unfortunately, this patient's report of discussing this patient's medical condition in front of the patient's friend is true." MD 2 further explained that he normally offers to talk to the patient in a private setting, but, this time he did not. This MD discussed the results of Patient 1's colonoscopy in front of a friend of Patient 1's. On 10/3/12 at 3:35 P.M., an interview was conducted with MD 1. MD 1 stated that "it was true. I did speak to the patient about her drug use in front of her boyfriend." MD 1 further explained that she told the patient that her colitis and diarrhea could be from several causes, one of which was the patient's drug use. MD 1 stated that the patient became very defensive and denied any drug use.A review of the hospital's policy and procedure, entitled "Health Information, Access, Use and Discosure" and dated 1/12, indicated that, " [Name of Hospital] shall access use and disclose protected health information with authorization of patient/legal representatives and in accordance with mandated state and federal disclosure requirements..." Patient 1 never gave authorization for her protected health information to be discussed in front of her friend and boyfriend.

Outcome:

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