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PRINTED: 1111612012 FORM APPROVED California Deoartment of Public Health STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION (Xl) PRDVlDERISUPPUERICLIA IDENTIFICATION NUMBER CA230000010 (X2) MULTIPLE CONSTRUCTION A BUILOING 8 WING (X3) DATE SURVEY COMPLETED c 0911612010 NAME Of PROVIDER OR SUPPUER MERCY MEDICAL CENTER REDDING STREET ADDRESS, CITY, STATE, ZIP CODE 2175 ROSALINE AVE, CLAIRMONT HGTS REDOING, CA 96001 (X4jID PREFIX TAG SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL REGULATORY OR lSC IDENTIFYING INFORMATION) '0 PREFIX TAG PROVIOER'S PLAN OF CORRECTION (EACH CORRECTlVEACT10N SHOULD BE CROSS-REFERENCED TO THE APPROPRIATE OEFICIENCY) A 000 Initial Comments The following reflects the findings of the California Department of Public Health during the investigation of two entity reported incidents. Entity reported incidents 239471 and 242628. The inspection was limited to the entity reported incidents investigated and does not represent a full inspection of the facility. Representing the Department 22705, HFEN, A deficiency was written for entity reported incident 239471 at AQ17 finding 1, and for entity reported incident 242628 at AQ17 finding 2. A deficiency was written for entity reported incident 239471 at E2236 finding 1, and for entity reported incident 242628 at E2236 finding 2. A 001 Informed Medical Breach Health and Safety Code Section 1280.15 (b)(2), " A clinic, health facility, agency, or hospice shall also report any unlawful or unauthorized access 10, or use or disclosure of, a patient's medical information to the affected patient or the patient's representative at the last known address, no later than five business days after the unlawful or unauthorized access, use, or disclosure has been detected by the clinic, health facility, agency, or hospice." The CDPH verified that the facility informed lhe affected patient(s) or the patient's representative(s) of the unlawful or unaulhorized access, use or disclosure of the patient's medical information, A 000 AOO, lICenSIng and --&. LABORATORY OIRECTOR'S OR REPRESENTATIVE'S SIGNATURE STATE FORM IYSRll TITLE 01E ()(O)OATE 111"'8/ '-- \1 COI1tiollation Sheet , of 5

Transcript of PRINTED: FORM APPROVED - CDPH Home · Ensun: Inrormation accessed IS 914 12 technician. The health...

PRINTED: 1111612012FORM APPROVED

California Deoartment of Public Health

STATEMENT OF DEFICIENCIESAND PLAN OF CORRECTION

(Xl) PRDVlDERISUPPUERICLIAIDENTIFICATION NUMBER

CA230000010

(X2) MULTIPLE CONSTRUCTION

A BUILOING

8 WING

(X3) DATE SURVEYCOMPLETED

c0911612010

NAME Of PROVIDER OR SUPPUER

MERCY MEDICAL CENTER REDDING

STREET ADDRESS, CITY, STATE, ZIP CODE

2175 ROSALINE AVE, CLAIRMONT HGTSREDOING, CA 96001

(X4jIDPREFIX

TAG

SUMMARY STATEMENT OF DEFICIENCIES(EACH DEFICIENCY MUST BE PRECEDED BY FULL

REGULATORY OR lSC IDENTIFYING INFORMATION)

'0PREFIX

TAG

PROVIOER'S PLAN OF CORRECTION(EACH CORRECTlVEACT10N SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATEOEFICIENCY)

A 000 Initial Comments

The following reflects the findings of the CaliforniaDepartment of Public Health during theinvestigation of two entity reported incidents.

Entity reported incidents 239471 and 242628.

The inspection was limited to the entity reportedincidents investigated and does not represent afull inspection of the facility.

Representing the Department 22705, HFEN,

A deficiency was written for entity reportedincident 239471 at AQ17 finding 1, and for entityreported incident 242628 at AQ17 finding 2.

A deficiency was written for entity reportedincident 239471 at E2236 finding 1, and for entityreported incident 242628 at E2236 finding 2.

A 001 Informed Medical Breach

Health and Safety Code Section 1280.15 (b)(2)," A clinic, health facility, agency, or hospice shallalso report any unlawful or unauthorized access10, or use or disclosure of, a patient's medicalinformation to the affected patient or the patient'srepresentative at the last known address, no laterthan five business days after the unlawful orunauthorized access, use, or disclosure has beendetected by the clinic, health facility, agency, orhospice."

The CDPH verified that the facility informed lheaffected patient(s) or the patient'srepresentative(s) of the unlawful or unaulhorizedaccess, use or disclosure of the patient's medicalinformation,

A 000

AOO,

lICenSIng and certjfica~n --&. ~

LABORATORY OIRECTOR'S OR PROVlDERIS~ERREPRESENTATIVE'S SIGNATURE

STATE FORM IYSRll

TITLE

01E()(O)OATE

111"'8/ '--\1 COI1tiollation Sheet , of 5

If conlll1uabOn Sheet 2 01 5

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IYSRll-

f P bl' Hoc rr

licenSing and Certification DlvlslOSTATE FORM

a I ornla enartment 0 u Ie ealth

STATEMENT OF DEFICIENCIES (X,) PROVlDER/SUPPLlER/CllA (Xl) MULTIPLE CONSTRUCTION (X3) DATE SURVEYAND ptAN OF CORRECTION IOENTlFlCATlON NUMBER. COMPLETED

A BUILDING8 WING C

CA230000010 09/16/2010NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY. STATE. ZIP COOE

MERCY MEDICAL CENTER REDDING2175 ROSALINE AVE, CLAIRMONT HGTSREDDING, CA 96001

(X411D SUMMARY STATEMENT OF DEFICIENCIES 10 PROVIDER'S PlAN OF CORRECTION lX'1PREFIX (EACH DEFICIENCY MUST 8E PRECEDED BY FULL PREFIX (EACH CORRECTIVE ACTION SHOULD BE C""""'"'

TAG REGULATORY OR LSC IDENTIFYING INFORMATION) TAG CROSS-REFERENCED TO THE APPROPRIATE DAT<

DEFICIENCY)

A017 1280.15{a) Health & Safety Code 1280 A 017 CORR.:cnVt: AcnDN 1'1.1\1",' (239.{71):

(a) A clinic, health facility, home health agency, or A [1l111l~'I1iale Cum.-Cllvc AClion: Compk1~'(/

hospice licensed pursuant to Section 1204, I) Thorough inWSligJtioll of e\·~,lt by1250,1725, or 1745 shall prevent unlawful or 2) I':nielll nolilkd of il1~id~'11 in writing. I'l1dlilYunauthorized access to, and use or disclosure of, Privacypatients' medical information, as defined in Otlicialsubdivision (g) of Section 56.05 of the Civil Codt: ~ilt. III

and consistent with Section 130203. The

Idepartment, after investigation, may assess an B.C. IJcflClmt practicc Kknlllkallon, COI1lIIk'tocladministrative penalty for a violation of this correcti\'C 1l11'aSUt'Cli. and ~)'SIC1mc changes. by

section of up to twenty·five thousand dollars II Ed\>callon ofn:spoosible EKG mIT to: Int~T1m

($25,000) per patient whose medical information .) Ensurc inrOllllalion 3CCtsSI.'d IS H.G

was unlawfully or without authorization accessed,(1ft a need 10 know basis. Din'C10l"

FPO '""used, or disclosed, and up to seventeen b) S)'SlCTfIlC ChangCSi include: IlR Dm,~lorthousand five hundred dollars (517,500) per

3 16.dUsubsequent occurrence of unlawful or I SlafTarc 10 acCCSl; only theunauthorized access, use, or disclosure of that mrOllllallO" necessary to canypatients' medical information. For purposes of the out rules; aoo runctions forinvestigation, the department shall consider the tr~~.lllng piltl<,"IS ror EKG

clinic's, health facility's, agency's, or hospice's "'T\IC~~

history of compliance with this section and otherrelated state and federal statutes and regulations, 0, Mooilonng.

the extent to which the facility detected violations I) Monnonng orac",«-ss by EKG

and took preventative action to immediately slall" IOf;' lhree ,"omh p'-"Tioo

correct and prevent past violations from recurring, and tlH;11 p<:riodi~ally

and factors outside its control that restricted the 10 ~'ISUrc: Monitonnll

facility's ability to comply with this section. The., Inrtmnation is acc~'Ssoo on II was

I1c'l.'d to know basis by EKG cO'!ducl<'ddepartment shalt have full discretion to consider

~laIT, by fl'Oall factors when determining the amount of an

Sq~ 2010administrative penalty pursuant to this section. E, Morulorlllg W:lS coooucl,-d by th" Facility Nov WIO

Pm';!cy OlTicial and r~'POfIcd 10 1I11.' QuahtyAssc:ssmt"'t and 111lpru\CTlICTlt COimrull<"'l' andhcllll)" Pmac) OffICial moothly

This Statute is not met as evidenced by:Based on interview and record review, the facilityfailed to safeguard personal health information

Ifrom unauthorized persons for:

·Patients 1 - 29 when Staff S, who was actingoutside the scope of her duties as an employee,

.."

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tfPblHlhrtC If . Da I ornla eoa men 0 u Ie eatSTATEMENT OF DEfiCIENCIES (Xl) PROVlDER/SUPPLlERJCLIA (X2) MULTIPLE CONSTRUCTION (lO) DATE SURVEYAND PlAN OF CORRECTION IDENTIFICATION NUMBER COMPlETED

A BUILDINGB WING C

CA230000010 09/1612010NAME OF PROVIDER OR SUPPLIER STREET ADDRESS CITY, STATE, ZIP CODE

MERCY MEDICAL CENTER REDOING2175 ROSALINE AVE, CLAIRMONT HGTSREDOING, CA 96001

(x"') 10 SUMMARY STATEMENT OF DEFICIENCIES 10 PROVIDER'S PLAN Of CORRECTION (X5jPREFIX (EACH DEFICIENCY MUST BE PRECEDED BY FUU PREFIX (EACH CORRECTIVE ACTION SHOULD BE COMPlETE

TAG REGULATORY OR LSC IDENTIFYING INFORMATION) TAG CROSS·REFERENCED TO THE APPROPRIATE DATEDEFICIENCY)

A 017 Continued From page 2 A 017

accessed their records, once each, during a 90day period from /10 to /10; and CORRt:cnv£ ACTIO,'Il PLAN (142628):

·Patients 30 and 31, when Staff B who was acting A. JIllIll~xliah" Corr<'Cli"c AClion: CUlIlpkkxloutside the scope of her duties as an employee, I) n,oroll~h inWSligalion of ~~~nl. b,accessed each of their records on two occasions 21 Pall<,n nOlilkd or incid<"lll in .....oling. Facllilybetween /09 :'Jnd 10 I l'rh""y

OOieialFindings: 9fl4fl2

1. An unauthorized employee, Staff B, accessed D.C OcfiClf;:nl pr.lCIlC'" 1(k'llllflCalion, Compk"led

protected health information for Patients 1 - 29,com:.:\l\" nlC.lSUI"\.'S. and SysletlUC ch3llgcs' h,

outside the scope of her duties as an EKGII F...docation ofrcsponsiblc EKG staff \0; '1'0

.) Ensun: Inrormation accessed IS 914 12technician. The health information accessed on ;a na,.xI 10 know basis.included face sheets. Face sheets contained thepatient's name, address, phone number, medical hI S)"Sl~"1llic chant'cs in<:llKk'record number, physician's name, chief complaintand/or admitting diagnosis. I Slllffan: to access only the

ImfOl'lTl."luofl nco:essary 10 C".trT}'

During an interview on 10 at 8:20 am, 001 roles mid rw>ctions rorAdministrative Staff (Admin) A stated that on If'<:'ollin~ paU("lt5 ror EKG

10, she reviewed an audit log of access to IS<.'fVIC~"S

electronic patient information by employees in theEKG department. She found that Staff B had D Muniloring: M')Illlorm!laccessed records for Patients 1 ·29 over the I) Monitorlll~ 01' acc(,'Ss by EKG was

course of a 90 day period from /10 to p~,.iodlcally 10 ~"llsur~ : condUCI<xI

/10. This audit was validated by the.) Inronnation IS accessed on a by FI'O

11(''lxlIU know basis by EKG S~1lt 2010supervisor of that department who confirmed that slaff Nov 2010there was no valid reason for Staff B to have and Ihl."Ilaccessed those records. Admin A confirmed that E. MooilOflng 1I',ll be cOlldllCWd by lhe Fm:llily annuallyonly face sheets were viewed and no information Pn\~olCY om"l:Illlll(l n'pOf1(,'d 10 th" Qu.;lJilyhad been printed. Asscssm~"Ill and Impron'm01t Commiu« and

Faclilly Pnvacy omCl:I1 monthlyDuring an interview on /10 at 3:25 pm, StaffB admitted to accessing the records of a numberof patients. She stated she did not know theexact number of patient records she hadaccessed but said she looked at the face sheetsonly and did not print any information. Staff Bstated she did this out of curiosity and boredom.

ILICenSIng and Certtllcatlon DIVISIOn

STATE FORM •• IYSRll If COf1tllluallon SllHl 301 5

PRINTED: 11/16/2012FORM APPROVED

California Deoartment of Public Health

STATEMENT OF DEFICIENCIESAND PLAN OF CORRECTION

(Xl) PROVIDER/SUPPLIER/CLlAIDENTIFICATION NUMBER.

CA230000010

{X2} MULTIPLE CONSTRUCTION

A. BUILDING

B WING

(X3) DATE SURVEYCOMPLETED

c0911612010

NAME OF PROVIDER OR SUPPLIER

MERCY MEDICAL CENTER REDDING

STREET ADDRESS, CITY, STATE, ZIP COOE

2175 ROSALINE AVE, CLAIRMONT HGTSREDDING, CA 96001

SUMMARY STATEMENT OF DEFICIENCIES(EACH DEFICIENCY MUST BE PRECEDED BY FULL

REGULATORY OR LSC IDENTIFYING INFORMAnON)

A 017 Continued From page 3

The facility provided a copy of a letter sent toStaff S, dated 8/17/10, that read as follows: 'Wereviewed with you that unauthorized accessesconstitute a breach of patient privacy rights andalso a violation of the code of conduct required byfacility employees in respecting the dignity of our Ipatients.~

The facility's Area Globallnformatjon SecurityPolicy, dated 5123/02, read as follows: It is theethical and legal obligation of all slaff to considerinformation of patients or other staff as privilegedand to keep such information in strict confidence.It is the staffs responsibility to retrieve and keepin confidence all business and medical data thatis directly related to the treatment of patients forwhom they have a business "need to know" orclinical relationship.

The facility's Human Resources Manualregarding confidential information, dated10/20/09, read as follows: Employees shouldonly receive confidential information if necessaryfor performing their job duties and should notseek out sensitive information, including their ownmedical information, which must be accessed byappropriate procedures.

The facility's Human Resources Manualregarding rules of conduct, dated 10/20/09, readas follows: II is not possible to list all forms ofbel',a'Yior considered unacceptable in theworkplace, .,. Failure to respect the confidentialnature of hospital records,

'0PREFIX

TAG

AQ17

PROVIDER'S PlAN OF CORRECTION(EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THEAPPROPRlATEDEFICIENCY)

'''''COMPlETE

0''''

2. An unauthorized employee, Staff B, accessedprotected health information for Patients 30 and31, outside the scope of her duties as an EKGtechnician.

lIcensmg and CerllflcatlOn DlVlslOnSTATE FORM - lYSRll

PRINTED: 1111612012FORM APPROVED

California Oenartment of Public Health

STATEMENT OF DEFICIENCIESAND PlAN OF CORRECTION

(Xl) PROVlDERlSUPPUERlCLIAIDENTIfiCATION NUMBER.

CA230000010

(X2) MULTIPLE CONSTRUCTION

A. BUILDING

B WING

(X3) DATE SURVEYCOMPLETED

C09/1612010

NAME OF PROVIDER OR SUPPUER

MERCY MEDICAL CENTER REDDING

STREET ADDRESS. CITY. STATE. liP CODE

2175 ROSALINE AVE, CLAIRMONT HGTSREDDING, CA 96001

(X4)IDPREfiX

TAG

SUMMARY STATEMENT OF DEFICIENCIES(EACH DEFICIENCY MUST BE PRECEDED BY FULL

REGUlATORY OR LSC IDENTIFYING INFORMATION)

'0PREfiX

TAG

PROVIDERS PlAN OF CORRECTION(EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATEDEFICIENCY)

""COMf'!.ETEDATE

A 017 Continued From page 4

During an interview on /10 at 8:50 am, AdminA stated that on /10, Patient 31 called andrequested Admin A to perform an audit for herselfand her daughter, Patient 30. This request wasmade after Patient 31 received a letter from thefacility informing her that her otl1er d;:lugl1ter's,Patient 13, health information was breached.Admin A stated that she performed the audit andfound that Staff B accessed Patient 30's recordson 109 and 09, and accessed Patient 31'srecords on 09 and /10.

Admin A stated that Patients 30 and 31 's facesheets and transcribed reports had been viewedbut not printed by Staff B. Admin Awas unable todetermine which transcribed reports had beenviewed. Admin A slaled that she did not interviewStaff B regarding this breach because Staff B wasno longer an employee of the hospital at the timethe audit was conducted on 110.

During an interview on 110 at 1:55 pm, StaffB stated it's possible she accessed a patientsrecords more than once but she could not recall.She also stated she couldn't recall looking atanything in the record other than the face sheets.

I

A 017

,

licenSing and CertifICatIOn DIVISIOn

STATE FORM - IYSR11 II COIlMuallOll sheel 5015