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California Department of Health announces penalties for privacy violations
by Astrid Fiano, DOTmed News Writer | June 16, 2010
The California Department of Public Health (CDPH) has announced that five California hospitals are being given administrative penalties and fines following determinations that patient privacy was breached.
The five facilities are accused of failing to prevent unauthorized access to confidential patient medical information. According to official CDPH documents, the incidents include:
--The Community Hospital of San Bernardino, in San Bernardino: A radiology technician was discovered to have accessed 204 patient records without authorization. The hospital was assessed a $250,000 fine. In a separate incident, a person visiting a staff member was allowed behind a restricted access door, and able to overhear an admitting staff member obtain information for three patients. The hospital was assessed a $75,000 fine.
--The Enloe Medical Center, in Chico: Seven different staff members accessed the medical record of a "high profile" admission. The hospital was assessed a $130,000 fine.
--The Rideout Memorial Hospital, Marysville: The facility discovered that 17 security guards in the facility's employ had accessed medical records of 33 patients without authorization. The hospital was assessed a $100,000 fine.
--The Ronald Reagan UCLA Medical Center, in Los Angeles: Four employees inappropriately accessed a patient's medical information without authorization. The hospital was assessed a $95,000 fine.
--The San Joaquin Community Hospital, in Bakersfield: Three patients' lab reports were accidentally placed into the record of another patient. The three patients' reports were then inadvertently sent to two outside parties properly reviewing the original patient record. The hospital was assessed a $25,000 fine.
"Medical privacy is a fundamental right and a critical component of quality medical care in California," said Dr. Mark Horton, director of CDPH, in an agency press release. "We are very concerned with violations of patient confidentiality and their potential harm to the residents of California."
The penalties were assessed by the state Health and Safety Code, including recent legislation on medical record confidentiality. A penalty of $25,000 may be assessed for a breach, and up to $17,500 added for each subsequent breach. Facilities must also submit a plan of correction to CDPH and implement a plan of correction to prevent future incidents. The facilities are allowed to appeal the penalty.
