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


WHAT THE ***? IMPORTANT!! ALL MUST READ! - UNBELIEVABLE!!!! Are we screwed???


Posted: Dec 17, 2009

The HITECH Act: Will You Be Fine, or Fined?

FRANKLY, OUR GOVERNMENT SUCKS BIG TIME!  I AM STILL USING A WORK COMPUTER, IS THAT GOOD OR NOT???

Under the new Health Information Technology for Economic and Clinical Health Act (HITECH Act) that takes effect this upcoming February, you as a transcriptionist could now be directly liable for any private health information (PHI) that is stolen or somehow reaches the public domain. That could include any transcriptions you produce that are emailed to the wrong recipient, inadvertently posted to your website, or even lost by a sub-contractor.

Fines range from $100 to $1.5 million per violation.

But some say that what is most overlooked with the new act is that transcriptionists and other “business associates” (defined by the Act as basically anyone who handles PHIs) will be much more likely to be fined and/or audited than ever before.

Under the new Health Information Technology for Economic and Clinical Health Act (HITECH Act) that takes effect this upcoming February, you as a transcriptionist could now be directly liable for any private health information (PHI) that is stolen or somehow reaches the public domain. That could include any transcriptions you produce that are emailed to the wrong recipient, inadvertently posted to your website, or even lost by a sub-contractor.

Fines range from $100 to $1.5 million per violation.

But some say that what is most overlooked with the new act is that transcriptionists and other “business associates” (defined by the Act as basically anyone who handles PHIs) will be much more likely to be fined and/or audited than ever before.

But because each state also has their own set of laws, the best thing you can do is consult with a lawyer in your state who specializes in HIPAA and/or healthcare issues.

Generally speaking though, it is a good idea that you have the basics in place like:

  • Lock your computer and the room that contains it outside of office hours
  • Use email encryption
  • Add a confidentiality statement to the bottom of your emails
  • If you are using an online service to backup your files, make sure it is secure. Better yet, invest in an external hard drive as your backup (about $100) and keep that locked as well.

Also, you may want to develop a HIPAA compliance statement for your website, much like your Privacy Policy, which outlines your commitment to safeguarding PHIs. This could be useful during an audit (or even in avoiding an audit) since it will indicate to your auditor that you are serious about HIPAA and HITECH compliance.

Lastly, there are some courses that may help you by going over the details of the HITECH Act, and give you some ideas on how to best safeguard any PHIs you handle.

I cannot afford a lawyer since MQ reduced my pay in half! - What?

[ In Reply To ..]
I cannot afford a lawyer. I do not have any money if I was in a lawsuit because my pay was cut in half. I would what, have to go to jail if someone took my work computer?? All I have are debts.

I don't think this applies to us - Anon

[ In Reply To ..]
I wouldn't swear to it, but I think as employees of MQ, and our reports are submitted to MQ and not directly to the client, this won't affect us personally. I'm sure MQ has errors-and-ommissions insurance.

We are all to take the HIPAA test by Jan. 1st. - MQ HIPPA test.

[ In Reply To ..]
BETTER READ THAT WHOLE HIPAA VERY CAREFULLY!!!!! I still say we could be liable. MQ could pin it on us!!

What about all the MT's out there who are (cannot think of the term) work for themselves? Are they screwed?

Wouldn't that be an issue with DQS? - tabby

[ In Reply To ..]
I mean I know I am not emailing pesonal information back and forth to people and if I ever get an email from a CCM or someone it is always just a job#. So I think I am good. Anways, so if any personal information was leaked that would have to be a DQS security issue (or other platforms).

Where I work we take this every year already. - NM

[ In Reply To ..]
x
Have never taken this in 25+ years, what is it - comprised of? NM
[ In Reply To ..]
d
Already took it. - Simple
[ In Reply To ..]
It's a powerpoint presentation and then a short quiz. Easy.
Sounds simple enough, will get hubby - to help me out
[ In Reply To ..]
He and I should be able to put out thinking caps on and do very well.

This is from the ATA sent by email. - Also states:

[ In Reply To ..]
Any transcriptions you produce that are emailed to the wrong recipient, inadvertently posted to your website, or EVEN LOST BY A SUB-CONTRACTOR.

Fines range from $100 to $1.5 million per violation.

What is most overlooked with the new act is that TRANSCRIPTIONISTS AND OTHER “business associates” (defined by the Act as basically anyone who handles PHIs) WILL BE MUCH MORE likely to be fined and/or audited than ever before.

Transcriptionists are only liable within the US legal system. - bjones

[ In Reply To ..]
Indian transcriptionists will thumb their noses at the fines. Sure the US arms of the companies will go bankrupt due to fines and close up shop but the Indian owners will flee offshore before serving jail time for non-compliance or not paying fines. Then the same type of companies will quickly reopen under some new corporate entity with different leadership -from India- like the prior owner's cousin or similar.

SUED FOR UNPAID WORK??? - sm

[ In Reply To ..]
Since mailing of cc's is the MTs' cross to bear/shoved down our throats UNPAID work to be done for the privilege of being able to do already slave-wage labor, how could we be held liable? As far as posting this information on their websites or subcontractors, this applies only to a small percentage of the MT work force. Let's get real! THE DICTATORS DICTATE WHERE COPIES/CCs OF THEIR REPORTS ARE TO BE SENT. We are simply following their instructions, assuming their information is accurate, just as we assume info in their reports are accurate as we type it -- but are we held liable for inaccuracies there?

If this law comes into effect (seriously doubt) - just watch the biggest U.S. exodus ever -- They will have to do either 100% Indian or 100% VR, no editing, just crap, because no U.S. MT in his/her right mind would touch it. At 3-4 or 7-8 cpl, we are going to be fined, just to take the heat off of the MTSOs/hospitals?? Well, just put a sign on my hindie and write on it, KICK ME SOME MORE.

At this point it almost doesnt matter anymore - - MTs are already being priced out

[ In Reply To ..]
of existence in the US. Lots of us are already going back to school, in other lines of work, or like myself, looking for other lines of work. So I really could care less WHAT the government passes or doesn't pass, because in just a few years it's going to be a moot point. Unless they can find a way to sue individual MTs offshore, who are they going to sue? And what litigator worth his salt is going to go after a person in food-stamp income range, when they can go after the deep, deep pockets of the MTSOs themselves, or their clients? I just ain't worth losing sleep over. I'm more concerned with where next month's grocery money is going to come from. So, until then, I think I'll just go download some more free music off Limewire while I'm waiting for the government to come sue me for sending the wrong doctor a carbon copy of something.

Im not worried. I only have about $200 max - - cant get blood out of a turnip!

[ In Reply To ..]
Not to mention turning around and suing my employer if anyone ever tried.

I think those in charge of HIPAA compliance have bigger fish to fry than us - the poverty-plagued little MTs.

Coders have been putting up with this for years - how many of them are fined?

[ In Reply To ..]
Its one of the things I hated about coding - the constant threat of an audit that could fine/jail you because "there's no such thing as an honest mistake". Obviously the medical industry is full of evil clerical criminals since we're all so unaccountably RICH - so let't put all our crimebusting efforts into busting health professionals instead of meth labs! And of course, completely ignore violations offshore - we'll just pretend they don't exist!


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