Personal Injury Lawyers

Get Your Questions Answered


Reclaim Your Life

& End the Frustration

Acacia Health Center of Phoenix Failed to Keep Patient’s Medical Records Confidential

Table of Contents

Acacia Health Center of Phoenix violated residents’ privacy and confidentiality when handling their personal and medical information, according to a report from February 2019. To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports, including those from Acacia Health Center of Phoenix’s.

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been a nursing home abuse victim.  Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call.  You can contact us for a free consultation, or read on to find out more. 

By the way, we will also help with other problems that have cost you sleep, like finding a nearby doctor who can help you or recommending you to temporary or long-term care options. You and your family’s’ safety and health are our top concern, and even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.

Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.

If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.

Acacia Health Center of Phoenix

A February 2019 report confirms that Acacia Health Center of Phoenix  failed to keep residents’ personal and medical records private and confidential. (F 0583)

The problem happened after a staff member mixed up medical records between two patients. In error, the staff member placed several documents which belonged to resident A into a package containing resident B’s medical records.

The package which was supposed to have contained resident B’s medical records was then forwarded to an offsite physician’s office, where resident B was headed for an appointment. The physician discovered the Acacia Health Center’s medical documents in the package on arrival.

Documents are typically packaged in accordance with a checklist, a task which is normally done by a nurse but was done by another staff member of Acacia Health Center at this time.

The regular course of action is that the resident, the resident’s family member or an authorized driver will take the medical records package from a nurse and give it to the physician.

The person who puts together the packet is in charge of checking that all documents are correct and included in the packet, with the checklist in place as a means of confirming both correctness and confidentiality.

Nursing Home Medical Records and the Law

Per the Health Insurance Portability and Accountability Act of 1996 (HIPAA) health information is to remain private and confidential. The Nursing Home Reform Act (NHRA) states that nursing homes are required to safeguard all medical records per patient confidentiality on behalf of residents.

Federal Regulations FDC 483.10 (8)(iii)(d) state that:

(h) The resident has a right to personal privacy and confidentiality of his or her personal and medical records.

(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications.

(3) The resident has a right to secure and confidential personal and medical records.

It is against the law and the potential consequences of inaccurate record keeping in any form could be dire, leading to severe injury and death.

The report concludes that “Review of the facility’s policy titled Privacy Notice revealed the facility is required by law to maintain the privacy of Protected Health Information (PHI).”

The corrective plan of action for the facility is to safeguard the personal privacy of all residents, and ensure their medical records are limited only to authorized staff.

Privacy Violations Happen Regularly in Nursing Homes

There are many different ways that your loved one’s privacy could be violated — for instance:

● Photo and video sharing
● Employee gossip about patients
● General mishandling records — for instance, leaving them out in a public area
● Confirming patient information through text messages or on home computers
● Unauthorized employees accessing patient files
● Fraudulent signatures or records — for instance, if a nursing home is trying to cover up an error

Luckily, in this case, records mishandling did not result in outright harm to any patients of Acacia Health Center of Phoenix. But medical records might include anything related to history, lifestyle, past operations, lab results, prescriptions, or genetics. A patient’s right to privacy must be upheld by any medical practitioner that treats the aforementioned patient.

If you are unsure about the privacy and confidentiality of a resident at a nursing home, reach out to one of our trusted attorneys for a free consultation.

Get Help Now

Our team of abuse attorneys is dedicated to seeking damages on behalf of those family members who are being abused and help you find better accommodations for them in the nearby area. We’ve worked on a number of nursing home abuse cases previously in your area and take the time to understand the family’s concerns as well as the situation they believe their loved one is in.

At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their and their loved one’s personal injuries, including those from nursing home abuse in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.

If you or a loved one has been the victim of nursing home abuse, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.