complaint·August 26, 2022

LPA interviewed WD and S1 who stated that the facility’s privacy policy is to only release a resident’s records with a signed release. LPA reviewed the facility’s Notice of Privacy Practices, top of page 6, which states “Brookdale is required by law to maintain the privacy of Protected Health Information (“PHI”) and to provide you notice of our legal duties and privacy practices with respect to PHI.”. The Notice of Privacy Practices, bottom of page 6, identifies the following “uses and disclosures of PHI that do not require prior authorization”: “1. For Treatment,” “2. For Payment,” and “3. For Health Care Operations.” The Notice of Privacy Practices, middle of page 7, states that the facility “may also use and disclose your PHI without your prior authorization for these purpose”: “5. Disclosures to Family, Friends or Others Designated by You. We may disclose your PHI to a close friend, family member or other relative, or a person you designate, who is involved in your care or payment for your care, to the extent that the information is relevant to their involvement in your care. An example of this is if a family member transports and assists you with physician visits and staff gives them PHI necessary for a physician visit. If there is a person to whom you do not wish us to disclose the above information, please notify the Privacy Office. We may also use or disclose your PHI to notify (or assist in notifying) a family member, legally authorized representative or other person responsible for your care of your location, general condition or death.” WD and S1 stated that R1 had no POA or conservator. LPA’s review of R1’s file corroborated this statement and also revealed that R1 did not have a diagnosis of Dementia. LPA’s review of R1’s file revealed 2 other family members who signed various paperwork for R1 and were listed as contacts for the facility. However, the family member at issue was not listed as an emergency contact on R1’s Identification and Emergency Information (LIC601) and LPA did not see this individual’s name anywhere in R1’s file. Based on the evidence obtained, the facility was not required to provide the records requested or to continue communicating with this family member. The Department has investigated the above allegations and found them to be Unfounded, meaning the allegation were false, could not have happened, or are without reasonable basis. An exit interview was conducted and a copy of this report was discussed with and provided to facility representative.