A community of 30,000 US Transcriptionist serving Medical Transcription Industry

I knew it. Our first HIPPA lawsuit! Could effect MT's. - Even if they are third party.

Posted: Jan 26, 2010

I have GOT TO GET OUT OF THIS SWEAT SHOP SO CALLED PROFESSION!!

Connecticut Attorney General Richard Blumenthal filed the lawsuit on January 12, 2010. In the complaint, Blumenthal alleges that last May a portable disk drive containing Personal Health Information (PHI), social security numbers, and bank account numbers from about 1.5 million customers disappeared while in transit between Connecticut and California.

The company did not inform any government agencies after it learned of the disappearance, the complaint continues. Further, the information on the drive was not encrypted, and could be viewed by anyone with “commonly available software.”

In all, the complaint outlines 12 alleged failures to comply with the HIPAA act.

THOSE BUSINESS ASSOCIATES, INCLUDING TRANSCRIPTIONISTS, ARE third-party providers who have access Personal Health Information (PHI) or other sensitive information.

IN OTHER WORDS, TRANSCRIPTIONISTS CAN NOW BE HELD DIRECTLY RESPONSIBLE FOR BREACHES IN PRIVACY OR SECURITY UNDER THE HITECH law, and may also be subject to privacy and security audits.

Should this worry the average transcriptionist? The truth is, it is too early to tell how the laws will be enforced. It seems that in many cases, as illustrated by the Health Net of Connecticut lawsuit, HIPAA will be enforced more vigorously. But this is also a case involving a large company who lost large amounts of data. That could be the difference.

For most transcriptionists, the easy rule of thumb would be:

Keep strict security when transferring audio files and transcriptions to and from your computer.
Do not store audio files or transcriptions on your own computer any longer than you have to.
Lock up your computer when you are not using it.
Do not store files on a laptop or other portable device that leaves your place of work.
If you do lose data, find out what companies, individuals, and government agencies you need to inform

Most importantly, consult with a lawyer for specific instructions for your situation.

I do not get paid enough to handle lawsuits. - Another thing.

[ In Reply To ..]
I do not have 2,500 let alone 25,000 in a savings account to pay for a lawsuit that could happen to me some day in the future and not even be aware of a lawsuit against me.

Companies need to pay MT's more to handle something like this.

lawsuits - Tara

[ In Reply To ..]
I don't know why this really panics anyone. You can be held responsible now if you lose data or share data. That is why you sign a confidentiality agreement when you become an employee or an IC because if you breach that contract, you are held responsible not them. As a transcriptionist, you should be taking all precautions listed on here anyway regardless of any new laws and if you are worried about lawsuits, then that tells me that you aren't taking the necessary precautions to make sure that information is secure.

MT's still held responsible. - This is how I understood the article.

[ In Reply To ..]
The computer drive was lost with 1.5 million patients on it which was not encrypted which means anybody can take that drive and read it easily and find out who the MT's were that typed the reports.

The MT took every precautionary measure and did not lose the computer drive. The company lost the drive. Now with the new HIPPA laws, the TRANSCRIPTIONISTS, ARE third-party providers who have access Personal Health Information (PHI) or other sensitive information which means they can be held responsible since they typed the reports on that drive and may have to pay fines.

I WILL BET THE TRANSCRIPTIONISTS WHO TYPE THE REPORTS do not even know about this computer drive missing, yet could be held responsible. I BET EVEN THE PATIENTS do not even know about the computer drive missing with all their info.

So, yes, I AM ALARMED by all this. It seems to me, you can take every precautionary measure, yet still could be fined for something you really did not do, but only got caught typing a patient report that went missing.

lawsuits - Tara

[ In Reply To ..]
The way I am understanding the article is that any person who loses or breaches the information can be held responsible, not just the company. It does not say in this article who lost the data between Connecticut and California. Thus, if the MT is the one who lost the data, informed the company, but the company didn't do anything, both would be held responsible. It is basically saying that because a transcriptionist is a third party who has access to the information, if that person breaches the information, loses the data, etc. they will be held responsible. I think quite possibly right now if something like this happens it is the company who gets in trouble and thus the company would pass it on to you, but the new laws would directly affect whoever breached the information, thus them saying transcriptionists could be audited for security.

I talked to the my employer about it. - MT can be held responsible.

[ In Reply To ..]
Anyone who had typed the report, QA or MME the report, the manager, and employer would be held responsible and could pay fines. It would depend on the court and judge to decide if MT had some responsibility.

We all know it should not be the MT fault, but the MT did type the report and took some responsibility in the eyes of the HIPPA laws.

What MT has 1.5 million patients in their hard drive? - I have ZERO in mine, & never save files.

[ In Reply To ..]
nm

Does the term "judgment proof" ring any bells? - Tired of the whole profession

[ In Reply To ..]
Seriously, if a company loses a disk drive that has reports on it done by their staff, do you REALLY think they (whoever they represents) are going to come after the MTs, most of whom are probably only making $10/hr without benefits and are, for all intents and purposes, judgment proof. Sue away, dudes, I'm barely keeping kith and kin together.

"Sue away, dudes" is right! If sued, Id consider it a - great opportunity to take my poor, (sm)

[ In Reply To ..]
sued little self over to the folks at "60 Minutes", and see if they were interested in a human-interest story that could blow the entire industry wide-open for all to see. Don't laugh. Stranger things have happened. Or been aired on 60 Minutes.

No prosecutor worth his salt is going after an MT - with their paltry pay. Theyll go deep-pocket, inst

[ In Reply To ..]
nm

What part of your post is the actual article... - curious george

[ In Reply To ..]
and what part is your commentary?

Can you post a link to the actual article? What you've posted does not say who the CT AG actually sued, and it's unclear as to whether the article is saying that MTs are third party, or if that is your commentary added to it.

which is why it should be ignored - nm

[ In Reply To ..]
nm

Sure, no problem. Received this by email from ATA - AmericanTranscriptionAssociation, I belong to it.

[ In Reply To ..]
http://www.ataus.org/newsletters/jan10FULL.html#leadstory

First HITECH Act Lawsuit Filed

Health Net of Connecticut has the dubious honor of being the first company to have a lawsuit brought against it under the new Health Information Technology for Economic and Clinical Health (HITECH) Act.

Connecticut Attorney General Richard Blumenthal filed the lawsuit on January 12, 2010. In the complaint, Blumenthal alleges that last May a portable disk drive containing Personal Health Information (PHI), social security numbers, and bank account numbers from about 1.5 million customers disappeared while in transit between Connecticut and California.

The company did not inform any government agencies after it learned of the disappearance, the complaint continues. Further, the information on the drive was not encrypted, and could be viewed by anyone with â��commonly available software.â��

In all, the complaint outlines 12 alleged failures to comply with the HIPAA act.

Before the HITECH Act, only federal officials could bring suits against HIPAA violators. But HITECH now allows suits at the state level.

On February 17, 2010, the HITECH Act will go into even fuller effect, holding â��Business Associatesâ�� directly liable for any HIPAA violations. Those business associates, including transcriptionists, are third-party providers who have access Personal Health Information (PHI) or other sensitive information.

In other words, transcriptionists can now be held directly responsible for breaches in privacy or security under the HITECH law, and may also be subject to privacy and security audits.

Should this worry the average transcriptionist? The truth is, it is too early to tell how the laws will be enforced. It seems that in many cases, as illustrated by the Health Net of Connecticut lawsuit, HIPAA will be enforced more vigorously. But this is also a case involving a large company who lost large amounts of data. That could be the difference.

For most transcriptionists, the easy rule of thumb would be:

*
Keep strict security when transferring audio files and transcriptions to and from your computer.
*
Do not store audio files or transcriptions on your own computer any longer than you have to.
*
Lock up your computer when you are not using it.
*
Do not store files on a laptop or other portable device that leaves your place of work.
*
If you do lose data, find out what companies, individuals, and government agencies you need to inform

Most importantly, consult with a lawyer for specific instructions for your situation.

For more information:
http://mtherald.com/hipaa-compliance-in-medical-transcription-a-revisit-post-hitech/
http://www.mondaq.com/unitedstates/article.asp?articleid=92446
http://www.lexology.com/library/detail.aspx?g=975bf14b-67be-4096-86e5-40c3fdbcdaa5

Oh, read the question part below in blue! - Some more important info!

[ In Reply To ..]
Sorry, maybe I am a bit too worried about about all this. I am sure what I am reading maybe nothing and I certainly hope so, but after reading this by my husband, he wants me to contact a lawyer. I did sign papers with my own employer that I am aware of the new changes in law, but my husband still thinks I would be responsible. I also talked to my manager and not only would my manager and myself, but also my QA could be responsible since we touched, typed and looked at the report. It will all depend on what the court says.

probably would not apply to most of us - sm

[ In Reply To ..]
as with the companies I have worked for, I do not store their data on my system. The likelihood of anyone tapping into a patient's personal information with most MTSOs/hospitals is next to never. If a given MTs position does include storing that personal information, then they would surely realize its sensitive nature and take appropriate measures. It appears to me your post is an uncalled for panic attack.

I cannot see this happening to the average MT - was this traveling by mail?

[ In Reply To ..]
I don't believe at any one time I would possibly have 1.5 million patients on a portable disk drive.

I don't think if I did I would feel the need to travel from CT to CA with it.

If I was traveling with such an important item, I would keep it in my purse/briefcase and keep that container next to me the entire trip - I wouldn't toss it in the trunk or back seat!

How do we know the company didn't mail this item to a new employee and it got lost in the mail? The article is pretty vague as to the circumstances of disappearance. But unless one MT personally had it in their sole, exclusive possession/control when it disappeared, I don't see how they are to blame.

Lawsuits - Stephanie

[ In Reply To ..]
A lot of what you mentioned, having your computer solely for your use for work, etc are a lot of things already I thought we were supposed to be doing just because of HIPPA. What would be interesting is what would happen if the company with the breech was an overseas company. Can they still sue an overseas company? Is HIPPA still enforceable beyond or borders?

I was told their not that reliable overseas. - They have to follow the HIPPA laws.

[ In Reply To ..]
But it will not be that enforced as it would in the United States.

HIPPA overseas - Stephanie

[ In Reply To ..]
So basically if you are living in the US and doing MR work and have an issue, you take it up the ass, but if you are overseas and have a slip you basically get no repercussions? What a bunch of crap.

US laws cant be enforced in other countries. - nm

[ In Reply To ..]
nm

No but new law will then hit the company that hired them - Typin_away

[ In Reply To ..]
For overseas MT's the government will go after the transcription companies that hire them.

People, please, it's HIPAA, not HIPPA. - thank you.

[ In Reply To ..]
nm

oH, nOooOOoo - ITs tHe sPeLLiNg pOLicE !!! - aaaaaaaaaaaaaahh!

[ In Reply To ..]
Run for your lives!

To "Thank You" - Yore Vary Welcomb. - nm

[ In Reply To ..]
/

I refuse to live my life in fear - or bow to

[ In Reply To ..]
scare tactics. I certainly don't believe that any MT is going to be sued in that lawsuit unless an ACTUAL MT had the data on an external drive and lost it. If someone higher up in the company lost the data, an MT would hardly be held liable. Use your head.

I log on, do my work, log off, and enjoy my life.

My computer is password protected and firewalled (a firewall provided by my company).

I am not going to freak out and put myself and my life in lockdown because of all of this.

I think a lot of this worry and panic is caused by a great deal of misinformation.

I, for one, will not change a single thing about the security of my computer or otherwise. I've been doing this forever and have never had a problem.

The less stress and worry I can have, the better, and I just don't see this as something to flip out about.

To each his or her own.

I agree - People use a little common sense here. - Not afraid.

[ In Reply To ..]
These laws are not directed toward individual MTs like us, but it is high time they were put in place - and enforced, but I doubt that is going to happen anyway. Look at the number of MTSOs, clinics, hospitals, individual doctors, etc. sending and receiving patient info over the internet. They want that stuff secured, that's all. This is why the MTSOs have come up with platforms that do not allow you to retain patient info on your computer. That alone protects you. Now if you are an individual IC doing MT on a laptop or retaining info on your computer, you best be careful. The rest of us, not so much.

None of this bothers me a bit. Even if your name was placed on a lawsuit against your company, judges are not stupid, you know. It does not take a genius to figure out where the problem lies.

At my company, we had videos to watch. - It is opposite what your are saying.

[ In Reply To ..]
An MT is held reliable. Some of the videos were even silly and yes, you are right, it is obvious where the blame should take place, but you typed the report, you are still held responsible. New law this year. Although, you might only have to pay the 2,500 fine and not the 25,000 or 250,000 fine.

In 7th grade they used to show us movies of atom bombs - vaporizing buildings, and then, without - sm

[ In Reply To ..]
missing a beat, the same film would tell us if we hunkered down under our wobbly little school desks, that somehow we'd be okay.

Also, I think the word you're looking for is "responsible". Unless you're insinuating that an MT can be relied upon to screw things up.

And most of us do, eventually. It's only human nature. We're not perfect. There's a HUGE difference between accidentally inverting 2 numbers in a phone number, or sending a report copy to the wrong Dr. Singh (out of about 3 billion of them, in just one hospital), and INTENTIONAL breaches of confidentiality.

Believe me - the US Government has bigger fish to fry than some tired, overworked MT making an honest and human mistake. Contrary to what many seem to believe, the US Government is NOT in the business of becoming Typo-Police. Ever read any of their documents? Web sites? Even their own errors are obviously not a concern for them; why would ours be?

What a government HIPAA prosecutor would go after is someone who is doing something underhanded: Such as selling medical records or the personal information on them, or using them in some other illegal manner. Or an MTSO that has had the whistle blown on them 1 time too many for major confidentiality breaches.

Consider also that many of the mistakes we do make, such as sending a report copy to the wrong Dr. Singh, are made not because of any lack of judgement on our part, but a lack of SUPPLIED INFORMATION on the part of the client themselves. Last time I paid any attention, your average MTSO client has more assets to sue for than even the best MT.

We all know better than to sell patient information to the media, or to identity thieves - at least I like to think we do. And supposedly the MTSOs know better than to leave huge, gaping holes in their systems that can be easily hacked for large amounts of information. But really: ONE transposed phone number?

I would be more concerned with WHY the MTSOs would want or allow all this lawsuit hysteria to spread. Could it be that maybe they're using these new laws to THEIR advantage? Such as thinning the ranks of US MTs so their plaintive cries of "We can't find enough workers... we HAVE to offshore!" will be listened to when the time comes to start cutting off the tax-breaks for offshoring? Stranger things have happened.

I think it is a bold move to get rid of US MTs - MTPocketsProfession

[ In Reply To ..]
HIPAA in my opinion is going to give AHIMA, or whatever it is called, the former AAMT, and hospitals grounds for firing MTs. What else is the reasoning behind these laws, that pretty much are what should have been practiced since hospitals began (they started as a 'hospitality service' in France, I believe - when they were nonprofit like they should be). All of a sudden information is important? Is this a joke? Seriously, is it a joke?

I will be curious how many MTs are let go - just think of all the reasons there will be...we probably all are guilty of something or other, inadvertently, but now you can and will get fired for even 1 mistake you make in a report because it will be a security breach!

Clever...

OMG, you are probably right. - What a way to get rid of United States MT.

[ In Reply To ..]
My husband said the same thing. He wants for me to talk to a lawyer about this new law and what could happen to MT's. This will certainly help India out big time. You better not have any enemies or this could be easily be used against you. I be the lawyer are seeing dollar signs in their eyes with this new law.

Gee, I could be in my room working, my daughter calls from school and says she is sick and needs to be picked up from school. I am racing through my report to finish it, I typed a fax number and accidentally by mistake, switched the last 2 digits in the phone number. Now I will be sued for 2,500 TO 25,000 and can be fired.

IT WAS ON OUR VIDEO. What a way to get rid of us.

it has already started where I work... - MTPocketsProfession

[ In Reply To ..]
warnings have been going out like crazy for dismissal for all kinds of errors. you know, errors that are GOING to get made because we are after all human. they are giving 1 warning with threat of dismissal should you have 2nd one.

job will be lost. gone.

Similar Messages:

May 18, 2011

xxx ...

Jul 15, 2010

x ...

Mar 10, 2013

there are 74 late jobs in my area, yet I sit here with NJA. It just doesn't make sense :( ...

Dec 24, 2013

File it under Damned if you do.... Yesterday I had a report where they mention THORACENTESIS twice.... but... hmmm... poor quality, can they be saying PLEUROCENTESIS? So, like an idiot I look up old reports from this patient and there, in both old reports it says THORACENTESIS so that's what I went with.... Waiting for me in this mornings EMAIL....DING, DING... ...

Oct 14, 2009

Okay, I may be the last one to know this, but I thought the only QC audits I was getting were the ones showing up on the DQM QA Feedback screen where it says (1 unread) or (how many ever unread). When you click on them, if the report has been audited by your QC, it will have a percentage score. But that's just for the reports you sent in with a blank. To see the ones randomly selected and audited, you have to use the QA Feedback Search feature and put in a date range. For example, I j ...

Nov 25, 2009

I knew that sooner or later one of these Indian ESLs would revert back into speaking in their own tongue. I suspected that before but it was just their way of speaking English. I couldn't believe it when this guy today, midsentence, started talking in his Indian dialect. He laughed at himself, embarassed, then continued in English. I didn't find it funny. ...

Sep 10, 2014

d ...

Dec 28, 2010

I have been looking at different boards and needed to post some answers to a few questions I read. TRANSCRIPTION AS WE OR AS MOST OF US KNEW IT APPEARS TO BE GONE. ONE DOES NOT NEED TO LOOK FAR TO SEE THE ATTEMPTS TO SELL COMPETENT PROFESSIONAL MTS A "BILL OF GOODS" OR ---- IN OUR FACES AND TELL US IT IS RAINING. YES OSI OUTSOURCES AND HAS FOR MANY YEARS. TWO YEARS AGO WHEN SOME OF US WHO WORKED AT OSI ASKED ABOUT IT--WE WERE LIED TO BY THE COORDINATOR SAYING, "W ...

Jan 24, 2012

VR and which ones not to. I'm very rapidly beginning to remember why I wasn't particularly fond of VR. ...

Jun 26, 2012

I've been applying only to in house positions for hospitals and clinics. I refuse to work for any more MTSOs. The job ads that occasionally come up that are close enough to commute to are few and far between. In the last 4 years I've applied to quite a few of them, 3 since January this year. It's always the same old story: "The job is filled" is what I'm always told. Even for those 3 that granted me in-person interviews this year, it's alw ...

Mar 09, 2011

I was wondering if anyone has had any experience or knew anything about InScribe? Is it a good company to work for? For the past month, I have been contacted a couple of times saying I would either be sent information about openings and also that someone would be calling me to help me get started, and neither one has happened. Is this typical? ...

Apr 19, 2012

I have noticed that my right index finger is a little bigger than the left, feeling a little tender, not real painful yet. I measured them and sure enough it IS bigger. Great, does this mean I'm getting arthritis or something? In my late 40s--am I old enough for this? Probably. I just hope this doesn't get any worse. I'll be in big trouble. I had to drop my medical insurance. And if I can't work, I don't know w ...

Oct 12, 2013

Did all the docs go out of town for the big Columbus Day celebrations? ...

Feb 01, 2012

I just need to vent…. I’ve been working part time as an IC for a hospital in the Midwest for about 10 months now. They actually found my resume online and contacted me. I was already working 2 other part time jobs which really took up a lot of my time, but of course, not much money involved, so I decided to take it. I did all the training and caught on very quickly. In the beginning, I was able to work whenever I wanted since work was plentiful. ...

Feb 28, 2010

I've just received a call from my supervisor advising me that because I cc'd the wrong physician on a report, that it is a HIPPA violation and I have been given a warning that if it happens again I am going to be fired. I've been doing this job for 35 yrs and I have an excellent work history, ethic, etc. I realize that HIPPA is very important and I "get it". But if I lose my job over a lousy cc? I'm devastated by this. What has transc ...

Nov 11, 2009

1) The patient will be given medication to effect bowel movement prior to discharge today. OR-- 2) The patient will be given medication to affect bowel movement prior to discharge today. ...

Nov 24, 2009

Just finishing up the night shift and want to go to bed and let the Sudafed take me away. I'm thinking it's affect (the noun), but just want some input to be sure (overtired paranoia setting in). Of course, this is the last note of the night too. If I weren't tired, I know I wouldn't be doubting myself. I have given her a note to that affect. - or - I have given her a note to that effect. Thanks! ...

Jun 10, 2010

The doc I work for frequently says "and he will increase the dosage until he experiences exessive side effects or good affect." I know the first "side effects" is correct, but I believe the later he means "good effect" and he just says it incorrectly, but I question myself each time. Is there anyone who can clarify this for me? I am most appreciative! ...

Oct 08, 2010

Significant artifact affecting the resting phase of the study. Is this correct or should it be effecting? This is not a test. It is an actual report I am doing this morning. My mind is shot. ...

Apr 05, 2011

Is there an easy way to know if you should use affect or effect? ...

Feb 11, 2012

I have been an MT for years and years and years (not telling my age haha) but I still to this day have the hardest time with affect versus effect...anyone have any genious tips on which to use when would be greatly appreciated??? For instance: It is hard to determine what affect/effect the medication will have or how it will affect/effect the patient's outcome. The only one I am really positive about is when it has to do with the patient's affect. Thanks you are all the best ...

Jun 05, 2012

Need HELP!!! He is saying The only thing to consider would be tensioning the tendon with a repeat surgery, however, this may lead to decreased flexion and S/L Jurger's effect ...

Jun 22, 2012

any sort of waiting period after that, or can we start using it that very week? I would like to go get an overdue mammogram since this is the first time I've had insurance in a few years. ...

Nov 14, 2009

A few days ago the MTSO I work for informed us that it was even more important for us to be sure that the patient information in the demographics be accurate. They went on to say that if an error was made, the patient would now be informed of this. While I totally agree that at all times patient information, inculding DOB, MR number and other very important data be perfect every time, I can't help but wonder that if patients will be informed when this information is in error, w ...

Dec 22, 2009

I guess its not really something new, but as I was visiting a friend in the hospital yesterday a doc was sitting at the nurse's station just dictating away. I clearly heard patient's name and identifying info and her entire medical history while standing outside the room waiting for nurse's to finish with my friend. ...

Apr 07, 2010

Has anyone else gotten a HIPPA violation for referencing old reports when typing an ESL ? ...

Jun 26, 2011

Just wondering if any other MTs have have taken the new HIPPA compliance test? ...

Mar 11, 2011

Does anyone know how the new HIPPA regulations affect us as employees? I'm starting to read up on it, but it's confusing. I understand the work station. I understand that we are the workforce and I understand that the government is cracking down on electronic medical records. Does anyone know anything else? Thanks. ...

Nov 07, 2013

To email transcribed medical records? I'm training with a small company & she's having me email completed reports to the "manager." I think this is a HIPPA violation... ...