Good Samaritan Hospital

Report ID: 5UW611, California Department of Public Health

Reported Entity: GOOD SAMARITAN HOSPITAL

Issue:

Based on interview and record review, the hospital failed to protect the right for confidential medical treatment for one of one sampled patient (1). Findings:Patient 1 was admitted to the hospital on 2/11/12 with diagnoses including a heart irregularity.On 4/27/12 at 11 a.m. during an interview with the health information manager, she stated Patient 1's representative made a complaint to the hospital regarding a privacy breach involving Patient 1. Patient 1's representative stated an employee of the hospital was reviewing over the plan of care with Patient 1 in front of her visitors. After an internal investigation was conducted, Patient 1's primary nurse stated she asked Patient 1 regarding her immunization status in front of her visitors. Patient 1's primary nurse further stated that although she was not present she believed Patient 1's physician (PH 1) had discussed issues regarding medical care in front of Patient 1's visitors.On 4/27/12 at 11:15 a.m. during an interview with the unit director, she stated she was informed by her unit manager that Patient 1's representative told her PH 1 had discussed medical test results in the presence of Patient 1's visitors. When asked if PH 1 had been interviewed regarding the above incident, the unit director stated PH 1 had not been interviewed regarding the privacy breach allegation. On 4/27/12 at 11:30 a.m. during an interview with the medical director, he stated he was not aware there was allegation regarding a medical privacy breach involving one of the physicians. On 4/27/12 at 12 p.m. during an interview with PH 1, she stated she did remember reviewing the plan of care for discharge in front of Patient 1's visitors but did not recall going over any test results. Review of PH 1's "Confidentiality and Security Agreement" dated 6/6/08 indicated PH 1 agreed not to "disclose or discuss any confidential information with others, including friends or family, who do not have a need to know it." Review of the hospital's policy and procedures regarding "complaints and grievances" dated 11/11 indicated if a complaint involved a physician the complaint would be referred to the Medical Staff Office to "continue to review/investigate complainants' concerns", "refer issue to appropriate Department Chair of Committee", and/or "request assistance/intervention from Chief of Staff if unresolved". Review of the hospital's policy and procedures regarding "safeguarding protected health information" dated 11/11 indicated workforce members must ask "visitors to leave the room or obtaining patient consent prior to speaking in front of visitors."

Outcome:

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