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

Well, it has already started, HIPAA Laws. - Here we go.

Posted: Feb 13, 2010

If we do not check our screen where patient name, info, attending, date of birth, blah blah blah is not correct or we did not check to make sure the dictator name is correct or attending name in the screen, of did not fill in attending or dictator for, this will have to be notified to HIPAA.

If company does not notify HIPAA that an MT made a mistake and did not correct patient name, dictator name, attending, etc., my company will be fined big time and possibly the MT too.

Honestly, it can be diffcult because you want to make the money and if you work on 5 different accounts (one account and then another account and then back to the orginal account and then a third account, etc), it tends to get difficult to keep track of everything and which doctor for this account and so on. In fact, I think I am checking and everything looks correct, but I might not even know I am doing it wrong and then get slapped with a fine? ARE YOU KIDDING ME? I do not make enough money to pay 2,500 fine!

I HAVE GOT TO GET OUT OF THIS SWEAT SHOP!!!! I AM STUPID TO STAY IN THIS FIELD. I DO NOT GET PAID ENOUGH TO WORRY ABOUT THIS!

Good luck to all. I would rather go to school for a much better job and THEN QUIT before I get fired and worse yet, SLAPED WITH A FINE!!! The stress of this job is literally killing me. You should see my blood pressure. I can see if I get paid enough for this, but this is job frankly ******.

HIPAA is not an entity. - Happy MT Robin

[ In Reply To ..]
You can't inform HIPAA of anything because it's not an entity. It's an act. The Health Insurance Portability and Accountability Act.

People need to stop panicking about this stuff .

Exactly. How do you notify an "Act"... - Lordy

[ In Reply To ..]
x

I don't see how - sm

[ In Reply To ..]
a company can fine the MT if they are an employee. That's why they carry the liability insurance, not the MT. Don't let your company bully you into thinking you'd have to pay a fine before checking it out first.

Now if you're IC, then it could happen.

On a side note, does Congress get fined for all of its indescretions?

Employee - RLee

[ In Reply To ..]
I agree - I feel the company should pay any fine that may be imposed on an employee and the fines should not be passed down onto the employee. On a post below though some disagreed when I mentioned I had never heard of this new act and felt the company should be passing down any info onto the employee and be responsible for any fines.

Seriously? - MissyMT

[ In Reply To ..]
Shouldn't you be making sure that information is correct anyway? Isn't that part of producing a "chart ready" document?

HIPAA isn't a "someone", most likely there's a security officer in the company who would be responsible for tracking this stuff.

I guess I just don't understand people getting upset for being held accountable for doing a job the way it's supposed to be done. Yes, some of the wages stink, and you have the option of saying I won't work for that. I've been an MT a really long time, and sometimes I've worked for really low wages until I found a gig where I'm paid fairly. Those jobs ARE out there. But I don't complain when someone says I'll be held accountable for making sure what I put in a document is right. IMO, that's the difference between those of us who are professional MTs and those of us who are medical typists.

Fines - RLee

[ In Reply To ..]
I do believe MTs should be accountable for any info they document in their reports - but if some laws have changed I feel the employer should pass down any pertinent info to their working MTs, such as the new HITECH Act. How can we be responsible for what we do not know. MTs we should take pride in their work and make sure all info is correct and should not need a 24/7 baby-sitter, but some things need to be passed by form of communication from employer to employee so we can all abide by any changes, etc. - whether these changes are in house or just new HIPAA laws. When I worked for a smaller practice we would have conferences with admin staff as to changes in HIPAA so that we would be compliant on all levels. :)

Isn't that what the OP said? - MissyMT

[ In Reply To ..]
That she was being given the information?

Also, in a regular profession, it's up to the practitioner, regardless of employment status, to stay up-to-date on current policies, procedures, laws, changes, etc in their profession.

Stop passing the buck, RLee.

I agree, no panic. - See message.

[ In Reply To ..]
MDI-MD informed us of the HITECH law and of other HIPAA issues.

And, I agree with MissyMT, ultimately it is our responsibility as professionals to stay up on all aspects of our industry.

Let's not panic and try to give ourselves a break from worry about yet another thing. I agree with OP that we just need to continue doing what we should have been doing from day 1 of our career. IMHO, if an MT is not looking over demographic info and making sure it all matches up or flagging/documenting any discrepancy accordingly, then there is a lack of professionalism going on. It should not be something that you suddenly now are adding on and feeling it is slowing you down because now you believe you are under threat of fine?

That being said, even the most seasoned and professional MT will make mistakes occasionally. I'm just not sure I agree that patient care is compromised with some of these issues.

This is where I disagree with a lot of HIPAA and HITECH. I think HITECH could be a nightmare waiting to happen in terms of frivolous lawsuits and unnecessary concern passed on to patients. From my understanding (please correct me if I'm off base, the notifications will occur between hospital/MTSO/physician and the patients.

I'm amazed at these laws getting passed when most patients out there have no idea how truly compromised their medical information could be getting transcribed overseas. Let's have a law about that!!

So, do you all think that HIPAA and HITECH are really for the patient? Or was it ever meant to be? If I'm way off here or am clearly not understanding the new HITECH/HIPAA nonsense, please let me know.

To See Message - MDIer

[ In Reply To ..]
You stated that MDI-MD informed you of you of the HITECH Act. Was that via email or in the contract with Transcend? I remember seeing it in the contract I think, but I don't recall receiving an email on that. Also, did it state anything about passing that fine onto the MT?

Some days my brain is a little fuzzy and this is one of those. If you can help me out, I'd appreciate it.

To answer your question. - See inside message.

[ In Reply To ..]
The info came via email (MDI, not Transcend related) in Nov 2009 from CT (not CB). There was no mention MT being fined at all. I don't recall seeing anything that mentioned MTs being fined either from MDI or from Transcend, do you?

The subject line and topic of the email was patient identification. It also refers us to a website http://www.hhs.gov/news/press/2009pres/08/20090819f.html

I don't recall what it says, so I will go and refresh myself thanks to this thread.

Hope this helps.

HITECH Act - MDI-MD2

[ In Reply To ..]
Yes, we did receive an email on the HITECH Act but nothing was ever said about a fine. It stated that the patient would be made aware of any errors and I thought to myself "why not inform the patient that their personal and medical information was sent off shore to be transcribed." I had an account not long ago that still used the social security number as the MR number. Unbelievable! Date of birth, name and SS number. To me that spells identity theft for sure! Isn't it something how priorities in this industry get so ass backwards.

Passing the buck - RLee

[ In Reply To ..]
I am not trying to pass the buck, but in my experience my employer has always keep the MTs abreast of any changes in the law so as to be compliant, maybe because I was employee status - I do not know. I would think that any employer would pass down any pertinent info to the employees if there is any chance of anyone getting fined regardless of what type of business or profession. It makes life easier for everyone - to share through communication what you know and the other person might not be privy to.

The stress of it all. - Here we go.

[ In Reply To ..]
I AM professional. I CARE and very conscientious about my work/job. I CHECK to make sure ADT screens are done right and have been that way for 20 years. But for Pete's sake, I am only human, NOT A COMPUTER.

I could easily make a mistake like forget to put in attending because this account wants it or forget dictator for because this account wants it and this other accounts does not and so on. It gets confusing when you do too many accounts. I DID NOT ASK TO DO 5 ACCOUNTS!!! I used to do 2 accounts and there would be another team who would check to make sure ADT was done correctly, but of course that team was fired and was up to MT to do EVERYTHING!

I am not paranoid, but stating fact. If you type a report and forgot to put in dictator for, this report needs to be red flagged and sent to HIPAA because if you do not, YOU FINED BIG TIME!!!!! I wish I could print out what my manager emailed and wish you could see the videos that were given to us.

So, with that being side.

Isn't it odd - that demographics - sm

[ In Reply To ..]
would need to be plugged in by a human but a computer can type the report? It should be the other way around. Why is it so hard to have the doctor or bar code wand or some other computer thing to put in demographics? Why should we do it for free and then get dinged if we don't do it right?

I agree. If they're so worried about the demos and CCs, why - dont they PAY us for them?!

[ In Reply To ..]
x

who knows, maybe that could even be a legal - sm

[ In Reply To ..]
loophole for us -- ????

VERY astute observation! I think you may be right. - nm - Zircon

[ In Reply To ..]

Where I work we have to do all that, and its a royal pain. - But it isnt so much because of HIPAA, its -sm

[ In Reply To ..]
because we have a ridiculously complicated and ponderous demographics system in our transcription software that makes this process difficult at best, and next-to-impossible the rest of the time.

I think the demographics data responsibility should rest squarely on the shoulders of the hospitals and dictators. It's THEIR data, they're the ones who have all the information, and if they can't transfer it to us correctly, then too darned bad.

I think each job should come to use with the demographics already loaded, but invisible to us (better security), and when the voice starts talking, we start typing. That's the only thing we actually get paid for. We don't get paid for wading through all those names, addresses, phone numbers, MR numbers, account numbers, fax numbers, misspellings and mispronunciations of names.

If a doctor or PA can learn to take a pulse, they should be able to learn to get their facts straight BEFORE they start dictating.

JMHO

It's THEIR data, they're the ones who have all the information, and if they can't tra - MissyMT

[ In Reply To ..]
I actually truly laughed out loud when I read that statement from you.

Now do you wonder why they are looking to automate? Sometimes, it's *ALL* in the attitude

Pay us by the hour, we will take the time to fix their mess - but not for free!

[ In Reply To ..]
What's so amusing about working for free? When you know darn well hourly employees at the hospital with the hard copy RIGHT IN FRONT OF THEM could and should be verifying this data - not piece rate remote employees!

ITA with that comment! - nm

[ In Reply To ..]
x

I didnt start out in this biz with a attitude - theyre the - ones who so carefully cultivated it! nm

[ In Reply To ..]
nm

I think a lot of this should be put on the - dictator SM

[ In Reply To ..]
So many times, the dictator does not even state the correct account #, and stutters through who to send a CC to. Of course, I flag anything that is not clear to me, but it wastes a lot of my time.

AMEN - mt2long

[ In Reply To ..]
AMEN to all of that!

Yes you should quit that company because - they dont know squat about HIPAA

[ In Reply To ..]
There is nothing in HIPAA - nor in the additional provisions in the "HITECH" title of the ARRA - that either require notification or impose fines for the sort of thing you're talking about.

Either the company you work for is MASSIVELY ignorant about HIPAA or someone is using scare tactics for whatever reason.

Tell them to go soak their heads.

You wanna bet! Shoot, not only can you get fined! - YOU CAN GO TO JAIL

[ In Reply To ..]
I do not need this kinda stress. The company? MEDQUIST. Scare tactics? They have their own lawyers now to deal with this new HIPAA, PHI.

If you messed up on a copy to a dictator or wrong patient name, my manager has to notify HIPAA right away and the CEO of the company. If she does not, she did a security breach. It is up to what HIPAA wants to do and what MQ lawyers want to do, nothing, warning, fired, fine, or jail time.

I'm not going to jail ... - and neither are you

[ In Reply To ..]
You are not going to be imprisoned for making an error. It's never going to happen.

Sure, there are severe penalties for knowingly committing wrongful disclosure of health information, but jail time for MTs isn't one of them.

There is nothing that we do in the normal course of our jobs that is going to get us fined, either.

If your company policy is to threaten, fire, etc., that is up to them. It has nothing to do with the HIPAA act.

Thank you! - Very much. No message below

[ In Reply To ..]
x

Gaaa!!!! HIPAA is NOT AN ENTITY!!!!! - Happy MT Robin

[ In Reply To ..]
Seriously, dude. Chill. HIPAA is not an entity. Your manager can't notify HIPAA of anything. HIPAA can't DO anything to you. HIPAA is not an entity, it is legislation.

For Pete's sake. You're working yourself into a tizzy and you don't even know what the heck you're talking about.

These are the same MTs - sm - Arghhhhh!

[ In Reply To ..]
who are actually transcribing people's medical records?!?!?!? They can't get it that HIPAA is not an agency? Now that's scary!!!!!!

We had to take a test on the new HIPAA laws. - Excuse me? Did you have a test on it?

[ In Reply To ..]
So, I do not know what I am talking about. Did you take a test and signed a contract with your company on the HIPAA Laws? Did you see the videos of what can happen to you?

WELL I DID!!! So, I do not know what I am talking about?

If you're the same person who consistently says - Happy MT Robin

[ In Reply To ..]
things along the lines of "it will be reported to HIPAA" or "what HIPAA wants to do" then no, you don't know what you're talking about.

What? First time posting to this board. - Only post in MQ or politcal board.

[ In Reply To ..]
If I do not know what I am talking about, then MEDQUIST DOES NOT KNOW WHAT THEY ARE TALKING ABOUT.

I guess it was a waste of time signing a contract and taking their test and watching the videos on HIPAA laws and PHI? I am glad I was able to get experience on the new laws. Hope you were able to have that experience with your company.

Cannot wait to hear what happens with the company getting sued. The first HIPAA court posted by AHDI that someone posted. Going to be very interesting.

Need to get some things straight - about HIPAA

[ In Reply To ..]
1. There is no "entity" called "HIPAA" to be notified about anything. There is a law called HIPAA. HIPAA is administered by several different entities within HHS.

2. HHS is NOT interested in being notified whenever some report accidentally goes astray within a hospital or other covered entity, which probably occurs thousands of times a day, every day.

3. The client might require that THEY be notified about these errors...but doesn't this just make sense anyway, and for reasons that have nothing to do with HIPAA? If you know that a report went into the wrong patient's chart, or that a copy went to the wrong physician, why wouldn't you expect to be required to notify the client merely because such screwups would need to be corrected just for the sake of the medical record itself, even if there were no such thing as HIPAA!

4. This sort of error does not fall within the definition of an "unauthorized disclosure" in the first place, and in the second place both civil and criminal sanctions under HIPAA are strictly reserved for people who disclose PHI either:
1. KNOWINGLY, and/or
2. WITH MALICIOUS INTENT, and/or
3. FOR MONETARY GAIN OR COMMERCIAL ADVANTAGE.

Bottom line:
1. Mistakes that amount to inadvertent clerical errors will NOT result in anyone being fined or imprisoned under HIPAA.

2. The client should be notified about errors that result in misdirected reports (whether "originals" sent to the wrong patient's chart or "copies" sent to the wrong physician) for reasons that have nothing to do with HIPAA. One wonders what MedQuist would have done about such errors if HIPAA didn't exist since that's their "reason" for notifying the client. What - just pretend it didn't happen? Presumably, MedQuist has ALWAYS notified the client when this sort of error occurred, HIPAA or no HIPAA.

You are correct about the fines and reporting. - Typin-away

[ In Reply To ..]
Now with the HITECH law you can be personally sued for breaches and can also be fined if you know about a breach and do not report it and they find out that you knew. (For example you know that a transcription was sent to an old fax number that is now a 7-11 and you reported it to your employer and they didn't do anything about it. If you do not contact the enforcement office and tell them that situation you can be held responsible along with your employer.)

I took a 6 hour course in the new HITECH not related to an employer. But no unless you would do some very serious offense with personal information like sell it or something would you ever be jailed.

The new HIPAA is an entity that was formed and they will be solely supported by the fines that they receive through enforcement. It is a totally different thing than the old HIPAA.

Thank you! I knew you could be sued for - breaches. Wish others would get it.

[ In Reply To ..]
I guess ya warned them. More stress with this so called cheap profession.

Similar Messages:

Dec 23, 2009

sending a copy of the report to the wrong doctor, what about sending all this work offshore? What am I not understanding? If sending a copy to the wrong Dr. Smith constitutes a huge breach of security, then sending people's health records and personal information offshore constitutes a GIGANTIC breach of security. ...

Oct 29, 2009

Hi, I need a quick check on HIPAA rules. With respect to the health care debate, I want to write to my senator, etc., about a situation with a patient I transcribed on. The only info. I intend to give is that the patient was a: Russian immigrant, on welfare and receiving Medicaid benefits--when he should not have. He and his "sponsor(s)" was responsible for his care and living expenses. Further, I transcribed a note in which the doctor said that this patient wanted to re-sched ...

Nov 20, 2010

Law # 387 "The Blown Eardrum Factor": When you are faced with transcribing a report where the volume is so low that you can barely hear it, even with both your computer's volume and your transcription software's volume turned up AS HIGH AS IT WILL GO, it is an absolute certainty that you will have a dictator who coughs loudly into the microphone throughout the dictation. ...

Jan 12, 2010

Is this more strict? or is it the same? Am I freaking out for nothing new? According to some of those examples, I'm not even sure that normals and the repository are legal. Doesn't it say that we are not allowed to save other records for examples? And the fact that you can be fined if you ACCIDENTALLY see something or accidentally send something to the wrong doctor, which I know we have to be careful not to do, but what if it is the dictator who gives us the wron ...

Oct 05, 2010

With the new health care laws in the next 2 years, will IC become obsolete? Won't these transcription companies be forced to provide health benefits and forced to have employees? Or will they still be allowed to just hire us as IC's? ...

Sep 19, 2011

Just for info, I filed complaints with my congressman and with the FTC about my concern about antitrust issues and MedQuist. I think it is okay to include this link, I did not see anything about not posting links. If it gets taken off or anything just go to the FTC home page and look under antitrust. Maybe if everybody files complaints with their own congressional representatives and with the FTC also somebody will take it seriously. Anyway, it can't hurt. http://ww ...

Jul 22, 2010

Below is the link to a TIME Magazine article, which details new laws being put into place to finally crack down on bullying bosses, criminalizing their abusive treatment toward employees. It's about time! The article could very well have been aimed at any number of MTSO's who have screamed, swore, berated, threatened, and even physically abused us. During the past seven years of an "employer's market" economy, bullying employers have gott ...

Nov 20, 2012

I had a check bounce from a client as I am an IC. I was wondering if I have any rights as to file a complaint with the DOL or the BBB? Any and all info. will be appreciated. TIA ...

Nov 27, 2012

According to the US Dept of Labor, we are considered piecework employees. Please see below from the US Dept of Labor website. Please note, this is now illegal in the garment industry, and this is why most garment manufacturers are overseas/outsourced. It is legal as long as the pay the employee receives adds up to at least minimum wage for all the hours they spend working, at any speed, slow or fast, and correctly and incorrectly. Some economic experts say that, "An easi ...

Dec 30, 2012

Don't you just love the communication at Nuance? Just received an Email regarding new QA rules (new hoops to jump through for bonus), so disgusted I just deleted the message. Bringing the E5 *in line with the rest of NTS*? I don't want to know how much better and faster we are all supposed to be with WHATEVER technology you push out.... I just wanta say that some of you people in management had better learn to transcribe. And WTH is the learning module "Speak Hawaiian"....what ...

Aug 15, 2013

Is anyone elses company elminating IC jobs because of the new HIPPA laws?? We were told that the new laws effect all ICs and that we can either do all this paperwork and training to become a businness associate or become an employee, which for me means losing almost $600 a month in pay! ...

Oct 27, 2009

I have been looking for a MT job since April when I finished my course training with MTatHome out of Texas. I apply for spots that areposted as open but then get email back saying that they have no openings. I have been in the Medical profession for 6 years as a CNA and I am getting ready for nursing school in the Fall of 2010. I am just wanting to know what it will take to get my foot in the door in the MT field and get a job. If anyone has any suggestion or can help me ...

Nov 07, 2009

I just finished my FIRST shift and when I checked my line count I was shocked. Twice as much as I can do with MQ. There is something seriously wrong at MQ. At my new job, my CPL is a little less than MQ but not much. ...

Aug 24, 2010

hello-i am considering a change in jobs due to being terminated in may. i am interested in becomng an MT, but now you guys got me thinking twice about my decision. I know there are two sides to everyones story. I'm not looking into making big bucks, at least what i was making at my last job, $25K. Any suggestions on the best school? I understand schools are going to say that the MT field is growing, but those of you that have been out there awhile, is it realll ...

Mar 30, 2011

Hello everyone! I just found this forum. I currently work part-time as a legal virtual assistant. My background is in personal injury law and would like to get my feet wet and start medical and legal transcribing. Would anyone be so kind as to advise how I start. I already hold a B.A. in political science and do not think I need to go through a AA program. Bottom line, I am confused and don't know where to begin. Please help! Thank you! ...

Jun 06, 2012

I am looking to get started as a transcriptionist. What do I need to know? I have an associates degree (Liberal Arts). I can type pretty fast, and am pretty good at spelling. I am looking for advice on where I should start, or how to start being a transcriptionst. Thank you in advance for your information and advice. Dawn ...

Dec 22, 2014

I am a stay at home mom and I would like to get into MT. I am having a hard time sorting through the abundance of information out there. I have found programs that range from$400 to $5000. Can anyone give me advise about how to properly get schooling and procure a career? Thanks! ...

Feb 04, 2011

My husband went in to have blood tests done for a new blood pressure medication he is on and when he left the house to get an RX filled, the nurse from the doctor's office called to tell him the results of his blood tests. Out of curiosity (testing the HIPAA thing), I asked her if his potassium level was okay and SHE TOLD ME that all his levels were fine except blood sugar was a little high! Not only that, I then asked her what new medication had been prescribed and SHE TOLD ME THAT ALSO! M ...

Nov 23, 2012

I failed to cc a physician they said so I got a 3.0 deduction on a dictation. First one I have ever got. I haven't got an email or anything yet. I just saw it on one of my corrections. I haven't gotten anything from FIESA yet. ...

Mar 14, 2010

Hello all! It has been some time since I have posted here but used to visit quite often. My daughter-in-law is just about to finish my transcription course materials (she has finished the book work and is working on transcribing the voice files). She has already started applying to companies, however she is running up against the same issue we have all run up against as newbies "experience required." I am willing to sign a confidentiality agreement, have her work beside ...

May 12, 2010

doc states "A saline s/l well was started. The pt was given 1 liter of bolus I.V. normal saline... Saline well?? ...

Jun 08, 2010

Hey everybody, I just needed to vent a little bit. I started my first day on my first job, and it went absolutely horrible. I was using the Emdat InScribe platform, which seems easy enough, but they have sooo many templates that the doctor should be using and isn't. My first few reports were okay, but then everything went downhill. I'm supposed to use the templates, but half the time, I had to erase 3/4 of them because it wasn't what he was saying. The wrong templates would load, ...

Jun 17, 2011

Hello All! I have recently decided to begin a career in MT, and am trying to weigh my education options. I have a bachelor's degree in Hearing, Speech & Language Sciences, so I'm great with interpreting speech/language and am also pretty good at deciphering English as a second language. I've also worked for a hospital scheduling outpatient testing for the past three years, so I have a bit of a background in medical terminology (still so much to learn!) and the inner workings ...

Jan 25, 2011

I am looking for a job as a medical transcriptionist. I like to work through my home. I am attended college at Kaplan University, so I have not got my degree yet, but I believe I could do the work. I am wanting to know how would I get started. ...

Jun 29, 2011

I never have work! Second shift is not that busy like I was told it would be. I am so bummed because I really like(d) the people there. Now I have to look for work as an IC to make up for having small paychecks at TT. Please tell me it gets better and this is just the summer slowness as we were told? ...

Sep 08, 2011

I am retired from the accouting/budget field and am interested in obtaining a job working from home in the medical transcription/coding/billing field. How do I get started with training, etc.? Thanks for your assistance! ...

Mar 14, 2012

The account specs say cc should be mL...However, it says to use the docs template which has cc in there...Go by his template or make it right? ...

Jun 20, 2012

:( ...

Sep 29, 2012

I just wanted to post that I completed my first week of college. The first day was scary, but by the second day I felt much more at ease. My first class happened to algebra, so wish me luck. I know that I am making the right decision, so I am hoping that I can start counting the days to when I can just give my notice. It is going to be tough, but it definitely is going to be worth it. ...

Jan 21, 2013

STILL out there. And I only sent out about 4 resumes. I am averaging 25.00 an hour TRAINING. I am NOT kidding. Don't give up just yet. Keep looking. There are jobs out there. You just need to find them. I would give you the name of this awesome place, but unfortunately, I'm not going to do that just yet. I know I took the last spot they were hiring for. BUT, I'm also having A LOT of family issues going on right now, so if I decide not to go past my training period wit ...