|BEHAVIORAL HOSPITAL OF LONGVIEW||22 BERMUDA LANE LONGVIEW, TX||April 18, 2013|
|VIOLATION: PATIENT RIGHTS: CONFIDENTIALITY OF RECORDS||Tag No: A0147|
|Based upon record review and interview, the facility failed to ensure the confidentiality of medical records and personal information for 13 of 13 (#2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14) patients reviewed.
Review of Longview, Texas Police report dated 2/14/13 revealed Staff #3 had been charged with Credit Card Abuse. Staff #3 had opened a credit card account with the personal information of patient #2 with charges in excess of $4,000. Staff #3 had also opened a credit card account with the personal information of patient #3 with charges in excess of $7,000. Bank statements had been obtained by the police detectives and specific credit card transactions were traced to local businesses where purchase receipts and video surveillance footage confirmed the transactions were made by Staff #3. Further review of the police report revealed the Longview investigators were contacted by a US Postal Inspector with 9 additional names of individuals that had attempted to open accounts but the physical address and the e-mail address matched that of Staff #3. Five of those names were identified by the police department through interview of victims, to be former patients(#4, #5, #6, #7, and #8) of the facility. Continued review of the police report revealed staff #3 had been arrested in Atlanta, Georgia. He was charged with the Credit Card Abuse warrant that was issued in Longview as well as other charges. The charges and file of information was forwarded to the District Attorney's office in Fulton County, Georgia.
Review of the police report from Atlanta, Georgia revealed on 2/9/13, an officer was dispatched on a suspicious vehicle report that vehicle was parked on the road and the driver was seen passed out behind the wheel of the vehicle. The driver was identified to be Staff #3. An inventory of the vehicle was conducted and found a bookbag containing a Dell laptop, a square passport credit card reader, 15 syringes, various Band-Aid and ointment, credit cards belonging to other individuals, 2 prescription pads
from the facility, 2 plastic bags containing what appeared to be Crystal Meth residue, copies of 6 Texas resident's ID cards along with their Medical insurance cards, and a laptop case containing hundreds of copies of medical files on individuals in Texas. Staff #3 was additionally charged with Identity Fraud and Theft of Mislaid Property (Prescription Pads). Upon further review, the report contained a list of victims of identity theft. The hundreds of copies of medical files on individuals in Texas were not listed individually with names in the logged evidence.
Review of facility patient list revealed 6 additional patients (#9, #10, #11, #12, #13, #14) that had been hospitalized at the facility and were listed as victims of identity theft from the Atlanta Georgia police report.
Review of the personnel file for Staff #3 revealed patient was the Utilization Review Manager and was responsible to talk with insurance companies, Medicare, and other payer sources regarding the appropriateness of the admission and length of stay. The Utilization Review Manager would have access to the patient's personal and financial information as well as the clinical part of the record.. Further review of the personnel file revealed Staff #3 had received training regarding Confidentiality and HIPPA.
A Criminal History Background Check had been done and contained no negative history. This facility was the only healthcare facility that Staff #3 had been employed.
An interview was conducted with Staff #4 and #5 on 4/18/2013 at 10:00 am in Staff #4's office. Staff #5 reported that Staff #3 had never behaved inappropriately while on the job. Staff #5 also reported that Staff #3 worked with the County Judge's office processing mental health warrants and court hearings and was very well liked by the County Judge and other staff in the office. Staff #5 reported that other staff had reported Staff #3 drug abuse outside of the facility in social settings but had not reported use while on duty. Staff #5 reported after those reports she began to observe staff #3 to determine at different times in different settings if he appeared to be under the influence of drugs but there never were concrete signs. Staff #5 reported the only drug testing done by the facility was on new hire employees.