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2013 HIPPA, how does that apply to ICs - now business associate?

Posted: Aug 25, 2013

Just saw a posting below where this year we would have a title of business associate instead of ICs. What does this mean to us in any way. I only know the very basics of HIPPA, not how this would differ now. Thanks.

Being a IC - ICMT

[ In Reply To ..]
You're a business owner if you're an IC. As such, you should (already) be aware of how your contracts should be structured, what your obligations are regarding HIPAA-HITECH.

Now companies are asking you to prove you're an IC.

I would suggest you do some research on what's expected of a Business Associate regarding HIPAA.

Time for IC MTs to get on board with what it means.

And if you feel/find you've been misclassified by your MTSO, there's a form you file with the IRS and they let you know if you're an employee or an IC so there's no question.

Well still confused about the answer - and already told business associate

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I have never gotten into the jargon of reading HIPAA much less the HIPAA-HITECH, in fact never heard of that. I probably along with most when asked to sign a HIPAA release in a doctor's office do not read thru all that is there. I just do not see how much something could change regarding a job, IC versus a business associate. We do our job, we do not give out information regarding our job, make sure copies go to the correct designated people, get paid. Was told a month ago that now considered business associate but really did not give a further thought until I saw the posting about being wary of it.

Never heard of HIPAA-HITECH? - sm

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You say you "do our job," but if you have not learned the required information about HIPAA and HITECH, you did NOT do your job, because that is part of your job. Especially if you think you are an IC. This is nothing new, either. It has been around for years now.

More is required than not giving out information about your job and being sure to send copies to the right people (!!!).

The paper you sign at the doctor's office doesn't cover your responsibilities as one working in this field.

If you "have never gotten into the jargon of reading HIPAA," and you cannot take advantage of the many education resources available on the internet, you NEED to be an employee so the employer can be responsible for you and supervise you.

This situation is exactly why many facilities right now are pulling back their contracted work. They are installing front-end VR, templates, and point and click so that nothing gets sent outside their secure system. That is where your work has been going.

so - ICMT

[ In Reply To ..]
because you donâ��t do a good job of staying abreast of what IS REQUIRED in your field, you want someone else to educate you? I would suggest that instead of hanging out on MTStars today you spend some time using Google and l learning your job.

If you can't be bothered then it's time to hang up the keyboard because the future is about to run you over.

From what I am reading feel like you do not - have a grasp on what it actually means

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For your information, I tried using Google so I could get some information on what it meant, the difference is what I am talking about. I have been in this business for years and years and have been an employee before for 30+ years. Have now worked from home for over 10 years. I am not worried one tad about "the future" about to run me over. I have heard of HIPAA but not the other combination. I have made a living, not just skimming by on this job like others seem to do now and just asked a simple question. Seems like others may not know here. There is absolutely no reason under the sun for others to bash here when you ask a simple question.

Business Associate - HITECH - New rules for September 2013. - (sm)

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http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html

If you are contracted with a service, then they should be providing you the correct form to sign for both HIPAA and HITECH. If you Google HITECH for 2013, yes, it has changed and we are now considered business associates and a random audit could be performed on us as ICs (business associates) to make sure we are using proper security measures and we can be fined and even jailed if not compliant especially if they find you basically ignored their rules on purpose.

Thanks, my place is secure and has been - From the tone of others I was thinking

[ In Reply To ..]
there was going to be a huge change. The only thing I can glean is your title is changing from IC to business associate . As far as Big Brother having the time to check on the MTs out there, I find that a little questionable. There are so many places that medical information is compromised, try the ER when you are in a room say with 3 other people, your own doctor's office with people at the window. I have worked a lot of places transcribing and never ever had to read and understand HIPAA as part of my job description. Thanks again for the info.

You are welcome but in a hospital setting ... - (sm)

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We were very much required to know HIPAA and what it stands for and how it is applied to our job. We had to take a test each year as employees handling documentation as an MT on behalf of the hospital. So, I sort of question why you are not informed. I don't think expert knowledge is required, but you really should have some basic knowledge and of course know how to report it if you see it happening. Same goes for Medicare fraud. It's a big deal now, too.

The last year worked in a hospital setting for me - was 2003 or thereabouts

[ In Reply To ..]
and prior to that worked in 3 other hospitals doing the same type of work and never was tested. And report, what would you be reporting in the first place? Let me say this, I knew a person years ago that was guilty of fraud including food stamps, section 8 housing, Medicaid, and if you think calling and reporting someone gets attention, then people are just kidding themselves. I reported this person then, not pertaining to medical information that I typed but because I knew what was going on. Might as well talked to the wall. By transcribing have no idea what a person would report. Never has come up with me.

Hmm - Are you by chance

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Are you the woman who got charged for surgery that never happened and who was going to get some little girls???

You are sounding just like her.

That one will not listen - Big discussion a while back

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I recognize her now. There was a big discussion a while back regarding her basic disregard for patient privacy. I think she's the one who feels it is ok to let her husband listen to the dictation--all in the family. She was in an ASU with her husband or something and could hear the doctor talking to other patients, and sees front desk people violating privacy all the time, so she doesn't take HIPAA seriously.

I am a little surprised that she never investigated the subject after the last go-round. Now she wants someone to explain it all so she won't have to exert herself. When no one will, she ... of course ... claims they must not know. It is all everyone else's fault. Not that she cares.

You have your posters mixed up. Let husband - listen to dictation.

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Why would a person let their husband listen, have not an idea as they certainly could not make any report out for you. I missed that one myself.

And at my job if we cannot understand - something we just blank it

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and not penalized for it. I cannot imagine getting a layperson to listen to a report. Makes no sense to me.

ignorance - sm

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Won't work as a defense. Whomever you get work from May not settle for you thinking all it is is a name change. But whatever, your attitude stinks imo and I'm glad you don't work for me.

Thanks, my place is secure - MT

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Did you say you've worked a lot of places transcribing and "never" had to read or understand HIPPA? I've never had a job where I didn't have to read and understand HIPPA!

BTW, the reason the term business associate is being used now is because of the HITECH Act of 2009. In summary if you are not an employee you are a business associated handling personal health information and you are required to protect that information according to the HITECH rules. I'm pretty sure if you work on a laptop computer you have to have it secured with a cable and lock to your desk and using satellite internet is a big no-no. While big brother may not be knocking your door, if the facilities you are working for as an IC are not having you sign a HIPPA-HITECH agreement big brother will probably be talking to them at some point and you will be a link in the chain.

jailed - sm

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The conditions under which someone can actually be jailed for a hipaa violation are rare. Garden-variety hipaa violations are not actionable by jail time.

If you would please elaborate on what you - mean garden-variety type

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Thanks.

meaning, for example... - sm

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You cannot be jailed for sending a copy to the wrong doctor. You cannot be jailed for calling a patient by name in a doctor's office. HIPAA jail time is generally reserved for those who illegally access and share protected health information.

you need ro read up -- HIPAA has teeth and can - bite you personally sm

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If you are not an employee, then youy must sign a Business Associate Agreement and you should read it CAREFULLY. Patients whose records are inappropriately accessed or released have the right to sue the PERSON involved now - not just the facility. The facility no longer will cover for you or pay the finds -- you can personally be fined up to $25,000 per release of inapproriate information and can face jail time. HUGE personal liability now to the personal level, no longer covered by the big corporations and/or hospitals.

Thanks again but has never applied to me in the - past or now

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I see just following the rules like always. Gosh, wonder what TMZ is going to do now, their pipeline of information may be shut down.

BUT IT HAS APPLIED TO YOU - sm

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Just because you're blatantly ignorant doesn't mean it doesn't apply to you. It does. It's going to even more. How do you protect PHI? Is your home office actually compliant? And don't think that you're just some MT the government wont care about because there are enough MTs out there screaming about everything right now that you better believe a flashlight being shoved in your face is a lot closer to reality than you want to believe.

How is it you can work with medical records and be so blatantly ignorant? People on here screaming about offshoring? Sorry but it's people like you that frighten the heck out of me that you might have possession of my medical records.

Do you feel good about calling a person ignorant? - Does that make you feel better?

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Most people on this board just want to cause havoc and you seem to fit that category. I could care less about what you think of me as a person who handles medical records and I surely would not want to get something on my hands by handling some of yours. EW! Might be something a person could not get rid of. Noticed when I asked a simple question the bird brains on here were not able to answer and yet, still talking the same talk as years ago, the sky is falling, lets start petition, lack of work, boohoo, tremble. You say the MTs are screaming. Wonder how far that might go with getting any action? NOT. Now go yell at your kids, I'm grown and sure don't take orders from you or others here. Offshoring, not my worry, you can take that if you want. You and the rest on here that are pure snide and crappy can go spew your hate elsewhere.

When a person is ignorant - such as you are

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yes, I feel better noting it. I personally haven't cried or boo-hoo'd anything. I've made sure I'm up to date on the laws and what's expected of me as an MT in 2013. Because you want to say you're not interested in knowing what it means for you, that makes you ignorant.

Time to get on board with the facts of MT life, or not. Either way, I really don't care.

No skin off my back, I'm covered legally, no - issues with any privacy

[ In Reply To ..]
where I live with just my 2 dogs, golly do you think I should be worried about that? You would never be able to tell me you know all about the laws pertaining to this. I find that completely ludrcrous. For someone you call ignorant, you and others would have loved to been able to do as well as I have in this profession and make a living rather than just chump change. You need to get over yourself, making sure you're up to date on the laws wanna be bully.

yikes - msg

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You really need to tone down your entirely over-the-top judgmentalism. Lots of us have been in the industry for what sounds like a lot longer than you have. HIPAA codifies and enforces what have long been standard confidentiality rules and regulations. HITECH, in particular, covers electronic transmission and storage of confidential medical information.

Further, you may be surprised to learn that not all institutions/practice types are subject to HIPAA.

MTSOs can be very threatening about HIPAA; it doesn't mean YOU have to feel threatened - or threaten others - with respect to HIPAA regulation and compliance.

sm - xxx

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Why are you shouting at people? Why are you calling names at people? Were you a bully in school?

When suit is brought, attorneys typically NAME - every name they can find that

[ In Reply To ..]
could conceivably connected in any way with an action. Hiring an attorney just to eventually get one dismissed from an action can take thousands, sometimes many thousands of dollars.

This is just ONE way it applies to you. Does your contract with your contractor agree that it will cover any legal services you might need? Will it in future?

And, of course, all the appropriate regulations have always applied to you, and now your responsibility, and liability, under them is being increased. Fact is, if you're an IC, you're in business for yourself and expected to know what business people know. Claiming ignorance of the law wouldn't excuse you, it'd be used as evidence to convict you.

Reply - Already covered

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Have had liability insurance as far as working for years now, also nice to have a lawyer in the family which I do.

Yes, they name everyone they can find - Nick

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But many who should not have been get named get out on a Motion for Summary Judgment, which certainly does not cost thousands of dollars. It is a one-page pleading with a brief appearance once by representative counsel.

it will now -- even if you work for a hospital as an employee - sm

[ In Reply To ..]
if my report for example was sent to a wrong person by you, the hospital is REQUIRED by law to tell me WHO did it and I as a patient have the LEGAL right now to sue you personally and to call the DA in your home town and file criminal charges against you.

ALL MTs - employees or BAA, IC or whatever need to learn and follow HIPPA regulations

You really need to get a hold on your nerves - all that shouting

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don't have a heart attack trying to get a point across. Calm down, take a deep breath. Now don't you feel better?

where are you getting this misinformation? - sm

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The district attorney is not involved in HIPAA cases.

Provide a reference, please, for the claims you are making.

"FACT: The HIPAA Privacy Regulation does not give people the right to sue."

NOT misinformation -- read the lawnm - sm

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AMA sumamrizes the new changes and references 42 USC where you can read the actual law it most certainly does involve civil and criminal consequences and people have already been prosecuted udner the law -- do a simple search on google and you will find tons of examples

http://www.ama-assn.org//ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.page

Ignorance - YD

[ In Reply To ..]
"Just following the rules" ??? How can you follow rules when you admit that you don't know them, never had to know them, and seem set on continuing not to know them despite your asking a question in your initial post about a subset of HIPPA rules. No one has to bash you for your ignorance of HIPPA when you so proudly claim it. If you can't accept criticism, then please research on your own time.

Did you ever hear the saying, it takes one - to know one?

[ In Reply To ..]
Where I came from we were taught manners, as in don't call people names that you wouldn't want to be called. You sound like some backwoods person that apparently their parents or maybe parent never got around to teaching you right from wrong. I care less about what you or anyone else on this board thinks of me. Sound like a bunch of grade school kids wanting to call other names trying to be bullies. I hardly think anyone who has made a living doing this type of work could ever be called ignorant. You are showing a very poor upbringing with your words.

Liability insurance - anon

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I have a friend who is an IC for an MTSO. All their employees were recently told that with the change to "Business Associate", the MTs now have to purchase Liability Insurance for Errors and Omissions, which can cost hundreds of dollars.

Most put on the shoulders of the MT, no - Aimee

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responsibility at all for the type of reports we have to cringe through trying to make sure they come out halfway decent. I wonder how most will be able to afford that insurance costing hundreds of dollars.

reason for the title change - info

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By law, MTSOs, their agents and business associates are subject to HIPAA. It sounds like they are changing the title in order to legally codify the MT job title.

reason for title change - HITECH

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The title change is a response to the HITECH Act, not the standard HIPAA rules. The HITECH Act is about the transmission of electronic information in the healthcare industry. HIPAA and HITECH together cover unauthorized release of personal health information, whether it be through conversation or electronic transmission. For those who think sending a copy to the wrong doctor is somehow "no biggie", think again.

BTW many realtors have been buying errors and omissions insurance for years; one too many or too few zeros when writing up a transaction is not exactly a boo-boo. They also are referred to as business associates.

This takes care of the copy thing for me - No sweat in trying to find

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We have a pull down list of all doctors. IF a physician says send a copy to Dr. Smith, we don't have to go looking thru back copies of a person's report and trying to perhaps find out which Dr. Smith and then perhaps sending to the wrong Dr. Smith. We are told to create a copy to a Dr. Smith , no first name, and the facility takes care of looking to send to which Dr. Smith, totally out of the hands of the MT. Absolutely no problem there.

you know not whereof you speak - sm

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whether it be HIPAA or HITECH, the set of regulations that an institution/entity is subject to extends to its agents and business associates.

As for sending a copy to the wrong MD, I can assure you, people are not imprisoned for that, whether it be a violation of HIPAA-HITECH or not.

HIPAA not HIPPO or HIPPA!! - Oh, my God

[ In Reply To ..]
If I see another HIPPA anywhere I will donate money to MModal. People, go to the government's website and get a free BA contract. Better yet, don't get the contract and realize you won't get any work anywhere! Trust me, I have tried! No one wants MTs typing anymore, and if you go VR, put on a McDonald's hat as you type, as that is the pay range or less you'll get.

I get QA'd every day I work and last time I - averaged over $21.00 per hour

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I don't think you could make that at McDonald's per day. Oh, my score per QA was also 100 and that is almost exclusively all VR, very little straight typing. This is from the person others seem to want to tag as ignorant. Laughing all the way to the bank.

Well, I transcribe (not type) exclusively - xxx

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and my pay works out to $32.10 an hour.

Info - sm

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http://www.hhs.gov/ocr/privacy/hipaa/administrative/enforcementrule/hitechenforcementifr.html

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