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Company requires "professional liability insurance" through employer. - ear responsible

Posted: Jun 04, 2010

Does anyone have experience with this? I am not sure what to think. I feel that the record is the responsibility of the author and/or the supervising physician.

HITECT Act - pumpernickel

[ In Reply To ..]
From what I understand of the new HITECH Act (expands HIPAA and was made law last year), business entities, and that includes MTSOs and ICs, can now be held personally liable for errors in the medical record. I'm still trying to figure out of employees of MTSOs are included in this. It used to be if the doctor signed it he assumed the liability, but that isn't the case anymore. This is causing a lot of MTSOs to require liability insurance.

I haven't worked for any place yet that requires liability insurance, so I don't have any personal experience with it.

Sorry, that should be HITECH Act (nm) - pumpernickel

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x

So how exactly would they prove it was or was not the MT's error? - ear responsible

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I would say most errors are caused by the dictator's sloppy dictation, sound quality and/or bad ESL accent. How could you defend yourself if the sound file was gone? I think this is just another moneymaker for a sue-happy society and insurance sales leeches. I'm not buying it.

And how about errors caused by lousy software and - doctors improperly entering demographics? nm

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.

I dont think so. An IC, maybe so, but I think - ICs might become a thing of the past soon.

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Either way, nobody pays me enough to purchase it on my own. If MTSOs try to force it on their employees, my guess it it's just another way to try to for U.S. MTs out. I'd be interested to know, if that comes to pass, how they get Indian MTs to insure themselves?

how come?? - cj

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Why do you think ICs will become a thing of the past? Just curious.

Government is starting to crack down on companies - overuse/misuse of ICs. This will - sm

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likely make it harder for MTSO's to continue to do what they're doing to ICs, such as trying to make them work like full-time employees, without employee benefits. If that's the case, they might as well have the employees.

ICs - cj

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SO ICs won't become a thing of the past, per se, just the misuse of the terms. True ICs will always be around.

HITECH - mt

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We're a covered entity, MTSO or IC, and the HITECH act is the teeth in HIPAA to cover for a breach of confidential information (PHI) not errors in the record. The penalty can go from 250,000 and up. http://www.hipaa.com/2010/02/new-hipaahitech-act-rules-require-compliance-in-february/

HITECH privacy breaches - pumpernickel

[ In Reply To ..]
I think you're right - I was looking at this again last night and it does seem that the liability rests on the MTSO or IC if there is a breach in privacy on their end, not errors, as I previously stated, though I supposed technically you could say a cc that is then sent to the wrong provider is both an error and a breach of privacy.

So do I believe its the responsibility of the author or - signing physician. And I also believe - sm

[ In Reply To ..]
that any professional liability insurance is the responsibility of the EMPLOYER. If an MT is their employee, then they should be covered under their EMPLOYER's insurance. Just as in most group medical practices, where the doctors practicing there do so under the umbrella of their employer's liability insurance.

I personally would not pay a dime for it myself. It's the employer's responsibility, and we all know we aren't paid nearly enough for anything like liability insurance to come out of OUR pockets.

How about all the times we save the doctor - LK

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from his or her own errors? I am constantly floored by the number and magnitude of errors in dictation made by some doctors,usually due to overall sloppiness and rushing. I think we should get a bonus every time we save a doctor from one of their errors!

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