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.
SANTA CLARA VALLEY 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 June 24, 2014. Also cited in 90 other reports.
Report ID: ITGS11.01, California Department of Public Health
Reported Entity: SANTA CLARA VALLEY MEDICAL CENTER
Issue:
Based on interview and record review, the hospital failed to protect the patient rights for confidential treatment for one of one sampled patient (1), when a hospital staff member submitted a form containing Patient 1's medical information to the State of California Department of Motor Vehicles (DMV) without Patient 1's authorization. Findings:The California Department of Public Health received a faxed report on 3/21/13, which indicated, on 3/15/13, a social worker (SW) submitted a "Request for Driver Reexamination" form to the DMV for Patient 1. The report further indicated, the SW reported Patient 1's vision problems to the DMV, but this type of disclosure should have only been reported by a physician or surgeon.During an interview on 6/24/14, the Ethics and Compliance Officer (ECO) stated the SW sent a "Request for Driver Reexamination" letter to the DMV, indicating Patient 1 had poor eye sight. After review of Health & Safety Code 103900, the hospital determined only physicians and surgeons could submit medical information to the DMV.A review on 6/25/14, of the Health and Safety Code Section 103900(a), indicated every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon believes it will serve the public's best interest, (s)he may report a patient's condition even if it does not fit the definition of a disorder characterized by lapses of consciousness.During a telephone interview on 6/25/14 at 11:35 a.m., with the SW and the senior mental health program specialist (SPS), the SW stated during a monthly meeting with doctors, social service, nursing, managers, and supervisors in attendance, it was decided to report Patient 1's decreased vision to the DMV. Although the SW felt Patient 1's primary care physician (PCP) should fill out the DMV form, the SW filled it out, because SPS had ordered her to.SPS stated after the monthly meeting, he consulted with the behavioral medicine medical director, who again approved filling out the form. SPS also stated he had asked the SW to fill out the DMV form and mail it to the DMV. SPS further stated, PCP wanted SW to fill out the DMV form since Patient 1 had disclosed her failing eye sight to the SW directly. A review on 6/24/14 of a copy of the letter the hospital sent to Patient 1 on 3/21/13 indicated, on 3/15/13, a hospital SW mailed a request for driver examination form to the DMV which contained information regarding Patient 1's vision issue. The form should have been submitted by PCP.
Outcome:
Deficiency cited by the California Department of Public Health: Patients' Rights