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


Code of Conduct, HIPAA? - I give up


Posted: Nov 12, 2010

What a joke. They come down on us so hard about this, but there is information on ADT we have no reason to see such as SS numbers. I have a couple of dictators who actually dictate the patient's SS number and say to put it on the report. Not to mention the wrong patient information and cc names given by the dictators. I now will always leave a QA note every time a cc name is given without the first and last name or any ADT names given without first and last name. With thousands of MTs working from home (and outside the country), how can there ever be true patient security? Why are we being made the scapegoats and not the true source of the wrong information in most cases?

I had a report a report where the dictator failed to mention the patient's name, but did give the billing number and the ADT was autopopulated with that billing number. I cleared the ADT and put NOT DICTATED for the patient name and left a note. I got a critical error for doing this, was told I should have left the ADT information as it was since the dictator had dictated the same billing number. According to HIPAA, I did the right thing since I had no way to verify this was the correct patient since no actual name was given. According to MQ and HIPAA, we are not suppose to assume and have to be absolutely certain of the information we transcribe when it comes to names and who is getting copies...with threat of termination and/or fines if we fail to do so. I have had reports where only a last name was given for a cc and that last name was in the database (only 1), and told to put it in if it is in the database. How many doctors have the last name of Jones, Smith, etc.? If I can find other doctors in the same area with the same last name, I am not going to put the one from the database in cc without a first name being given, I will put it in as dictated and leave a note. We have been told many times NOT to leave a QA note for copies. I am sorry, but I will leave a note stating "spelled phonetically as dictated" or "first name not given" to protect my butt since we are being held accountable with threat of termination.

Again, HIPAA is a BIG JOKE as far as I am concerned and we are being made scapegoats for a very flawed system with, it seems, no training for the dictators who are generally the source of wrong patient/cc name information and security breaches (SS numbers given out) in the first place.

That is my vent for the day.

Code of Conduct, HIPAA - Just me

[ In Reply To ..]
Funny you mentioned this, because I was going to vent about transcription going overseas and how that is a HIPAA violation. Think about it ... would you want your personal information sent to an overseas transcriptionist (they are NOT MLS in my opinion)? As far as I know, they don't have HIPAA in India, so your personal information could potentially be fair game for anyone. (Someone correct me if I'm wrong on this). Just sayin'.

Exactly, no security with HIPAA - I give up

[ In Reply To ..]
So why bother us about it.

If offshoring is now a HIPAA violation, does that - mean work will be coming back to U.S.A.? N/M

[ In Reply To ..]

I'm sure the weasels found a loophole. - nm

[ In Reply To ..]
xx

No, dream on - I give up

[ In Reply To ..]
Nobody really cares about HIPAA (obviously with offshoring)except when someone decides to sue a hospital, then they find a way to put it back on the MT for typing information mis-dictated or omitting something that was not dictated in the first place. Protect the doctors and hospital first. God forbid they spend a little money actually training the doctors how to dictate properly and giving first and last names and spelling them.

It's not a HIPAA violation to offshore work. CBay has - more security measures in place than any US MTSO.

[ In Reply To ..]
nm

I was fired for bringing this up to mgmt. - KJWhisper

[ In Reply To ..]
I took this same thing to management through the chain of command all the way to the COO Michael Clark. I was fired after 12 years of loyal service to MQ. I have already filed a claim with my Attorney General and he filed a claim with the US Attorney General. I now have a lawsuit and pretty well-known lawyer suing MQ on my behalf for violating the Whistleblower's Act.

Good for you! - please keep us posted

[ In Reply To ..]
If possible, that is. You have certainly been wronged, but more importantly will they try to shut you up or pay you off so that nobody else notices this glaring discrepancy? Could be the key to stopping or greatly reducing the offshore gravy train IMHO.

Fired. - KJWhisper

[ In Reply To ..]
They offered me 2 weeks severance pay and the ability to draw unemployment. I refused. So they just fired me. My DC attorney is just tickled to death to get this case. They also fired me two days after I filed for Workman's Comp for carpal tunnel and while I was on FMLA. I guess they just didn't consult with the right people on how to handle me. And that will be their downfall. All I wanted was for them to do a better job of securing patient information. I have to say, if not for my husband, I would not have the courage to take on this big corporation. He said we will sue no matter what it takes, even if it goes to the US Supreme Court. It's a good thing I married a somebody with enough money to do just about anything. I told MQ that I worked because I wanted to and not because I had to. Bad move they made and it will cost them royally for a litigation attorney.
So let me get this straight, you bringing up the HIPAA issue - and that was the only reason they fired you?
[ In Reply To ..]
And they did not even PRETEND that you were not up to scratch, dig around for minor errors, etc? A bit arrogant, to say the least. So you objected to the fact that they were firing you because you were a whistleblower in pointing out that you were liable for HIPAA regulations yet others were not, so it was an unfair burden on the US MTs not carried by their counterparts in India? The situation makes perfect sense, and frankly when I read those HIPAA things we have to sign I just say a silent prayer I never do anything stupid, because it is really a HUGE burden for a lowly MT to carry. Still, it must hurt to be fired for voicing a legitimate concern after 12 years, and then did they refuse to pay the severance and UE offer because you refused to keep your mouth shut about the HIPAA thing? BTW Bravo! Kudos to you and your husband for taking this on. There are so many with money and influence on the other side of this issue because they profit.

No pay-off - KJWhisper

[ In Reply To ..]
I will not be paid-off. I am owed my severance pay and the ability to draw unemployment. They don't have enough money to pay me to keep my mouth shut on patient rights. I have never kept my mouth shut when I've seen wrongdoing and I'm not about to start now. They also broke US laws. I have a extraordinarily solid case. Payoff - never in this lifetime.
patient rights - just want to work
[ In Reply To ..]
thank you for what you've done. Many more of us would like to do the same thing, I'm sure, but do not have the money backing. Good luck in your case. Please keep us posted. It at least lifts our spirits a bit.
No one is ever "owed" severance. No company HAS to pay it. - When they do, they an offer it on their own terms.
[ In Reply To ..]
I think we're not hearing ALL the details from you. :)

Let me know how long it takes for you to lose your case.
If this is not a threat - then it is most certainly sour grapes
[ In Reply To ..]
What is your problem? Wow. Are you willing her to lose her case, or what? Why as an MT (if that is what you are) would you wish someone to not be successful challenging the HIPAA regulations related to offshoring? Obviously not an MT then. I don't think the point is the lack of severance. We all know how much that would be and would anyone get upset about that for long? My take was that she is actually concerned about the regulation problems, and that is what caused her to question her management and eventually be fired. Methinks we are not hearing all the details from YOU. It never ceases to amaze me when people make such negative comments without putting forth their own stake in the game. Mine is that I am all for anyone challenging the HIPAA regs as applied to offshoring. As an MT that can help me, and I applaud anyone who has the money, support and cojones to do it.
It most certainly is not a threat. - Why so paranoid?
[ In Reply To ..]
Apparently, you think the prevailing MT attitude here is one that represents all of us. Well, not true. It doesn't represent this MT.

I'm as entitled to my opinion being posted here as anyone else's.

Well then - post your opinion
[ In Reply To ..]
Knocking her right to be concerned about HIPAA regs and her right to file suit against unfair dismissal is what you did. What is your opinion, that HIPAA is all hunky dory and you think offshoring is great? I would like to hear what possible opinion any MT can have that does not have sympathy for this person and what happened to her and what she is planning. Go ahead, enlighten me.
I'd be angry about offshoring being under fire - if I was an Indian or a suit
[ In Reply To ..]
I mean, lets help India's economy grow while ours crumbles. I see people say offshoring is good because it makes the product cheaper for US consumers and therefore stimulates the economy. uhh...bone heads (CEOs/government)...it doesn't matter how cheap something is, if we don't have a job to be able to afford it, we can't buy it. Not to mention welfare and unemployment that we'd be pulling in. sorry, ranting tangent.
MQ HIPAA REGS & Offshore - Backinthegame
[ In Reply To ..]
Very well stated. Wild applause... sadly, I don't think anyone cares that offshoring American jobs hurts Americans anymore, especially if they can rich doing it...
You go KJWhisper...when you own MQ...LOL - Backinthegame
[ In Reply To ..]
Make sure you come back and hire all of us Americans and dump the offshore crew... I pray you prevail in your lawsuit and I pray 30 more follow in your foot steps...
"owed" severance - just want to work
[ In Reply To ..]
I think you completely missed the content of her case. You might want to re-read what she wrote and reconsider your nasty statements.
Really - KJWhisper
[ In Reply To ..]
So sorry to tell you. They have already tried to buy my silence to no avail. So sorry Donna.


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