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.
Scripps Mercy Hospital
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 October 3, 2012. Also cited in 72 other reports.
Report ID: VLV911, California Department of Public Health
Reported Entity: SCRIPPS MERCY HOSPITAL
Issue:
The hospital failed to ensure that one patient's (Patient 1) personal and protected health information (PHI) was kept confidential and not made available to anyone without the patient's permission.Findings:An on site investigation of an entity reported privacy breach by a hospital employee, was initiated on 10/3/12. A review of Patient 1's medical record was conducted on 10/3/12 at 1:50 P.M. Patient 1 was admitted to the hospital on 9/15/12 with diagnoses of substance abuse and fever according to the Admission Face Sheet. According to a Social Worker's Interval Note, dated 9/20/12 - Late entry for 9/17/12, a Social Worker (SW 1) entered Patient 1's room on 9/17/12 after receiving an MD order to see the patient who was admitted with substance abuse. It was documented in SW 1's Interval Note that Patient 1 appeared to be sleeping when she entered his room. Patient 1's mother was present in the room, as well. SW 1 documented that Pt's (patient's) mother asked, "Why does he need a Psychiatrist and a Social Worker?" SW 'accidentally' replied "because of drug use." Pt. immediately sat up and asked, "Why did you say that? I specifically told the doctor not to tell my parents about my drug use."A review of the hospital's policy and procedure entitled "Health Information, Access, Use and Disclosure" 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...". On 10/11/12 at 10:05 A.M., an interview was conducted with SW 1. SW 1 confirmed that the privacy breach involving Patient 1 and his drug use occurred as documented in the Social Worker's Interval Note, dated 9/17/12. SW 1 further explained that she knew right away that she never should have mentioned Patient 1's drug use in front of his mother. SW 1 acknowledged that she was not following the hospital's policy and procedure when she stated her purpose for going to see Patient 1 in front of his mother.
Outcome:
Deficiency cited by the California Department of Public Health: Patients' Rights