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I'd like opinions on the HITECH Act fast approaching deadline of 02/17/10...sm - just wondering

Posted: Feb 07, 2010

“The Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted in February 2009, …expanded the reach of HIPAA, extending it to business associates effective February 17, 2010, and imposing nationwide notification requirements for breach of unsecured protected health information (PHI). Business associates will also now be directly obligated to comply with the security rule of HIPAA and implement security policies to safeguard electronic PHI. Increased enforcement of HIPAA, as expanded by the HITECH Act, around breaches of unsecured PHI are anticipated….”[1] (with fines of up to $500 per occurrence I've heard).

Supposedly, those typing with transcribers from home, typing in Word (and even those MTs working for an MTSO and typing in Word), are not compliant as of February 17th. Now, I certainly don't expect the HITECH Act police to come knocking on our doors on the 17th, but it sounds like one must search out MTSOs who are compliant with the upcoming "O'Bama" regulations. I understand the need for the security policies, and I believe our country needs them, but what happens to the 'little MT" just trying to make a living?

[1] Excerpt from the McDermott Newsletters / Top 10 Health Law Issues for 2010, dated 02/05/2010

Why aren't at-home MTs in compliance? I wonder if we will get - docked to reimburse fines. nm

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nm

How exactly does a home MT come into compliance - Is there a checklist somewhere?

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Besides signing an agreement and having a secure physical work site, what else will be required of a home MT? I'm thinking specifically of one's actual computer system.

It's my understanding it's not only at-home MTs - just wondering

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but if medical reports are being typed and 'saved' on a computer, even in a doctor's office, they are not in compliance if they don't have password protection for their PHI, 'automatic' PHI removal from the computer, as well as an audit trail for that document. The only way to get 'everything' the new laws want is to work for a big conglomerate who has the software that automatically does all this stuff, right? How can we be compliant otherwise?

I am confused - RLee

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The reports I typed at home are not saved directly on my home computer, but sent to a server elsewhere. The only thing on my home computer is the actual voice file, which is in an archived folder, and I delete that once a week. I do realize that if I wanted to save a report for any reason I could always copy and paste it into a different program and save it that way, and I do that periodically if I am having difficulty saving it to the server so as not to lose what I have just typed. I have never heard of this Act and I would expect any news like this to be passed down to me through the company I am working for so as to stay compliant with securing patient info - and if they company has not passed down important info they should be held responsible and pay any fines that an employee might incur as a result.

Um..No - your expectations are wrong. It is your responsibility to - remain well versed in the requirements

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of your profession.

HITECH - tired MT

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Where did you find this information. I have heard nothing about it from anybody.

Our company sent out a memo about it last week. - I have a feeling at-home MTs are going to get some

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nm

Trained last week - Tina

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I work at home as an MT. The MTSO I work for set up a teleconference meeting where we also logged onto the computer for a power point presentation. Very nice and professional set up for our compliance training.

That is interesting - RLee

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I am wondering now what about an MT that does not work for a company, say an IC - not that I am one - but who knows down the road. I wonder if the law is going to make it mandatory for all national companies to be responsible for training, etc to make sure an empployee status MT is up to date and compliant.

I don't know if the law would make it mandatory - a concerned MT

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but I would think it is the national company's, or any transcription vendor for that matter, responsibility to know the laws regarding their profession and to ensure that their company, along with the people who work for them, are in compliance, but I can also see where it is the MT's responsibility as well to be informed in the laws. The back cover of this month's MATRIX talks a little about the HITECH Act changes to HIPAA, though not as informative as the article listed on the original post.

You're more likely to sign an agreement just like HIPAA - agreeing to compliance. You should

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know your responsibility and be versed on the requirements. It's the the MTSOs responsibility to train you.

Responsibility - RLee

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How can I be responsible when I never heard of it - if the company I am working for has the responsibility of training me - then I guess that is how this info would be passed onto me. So will leave it in their hands at this moment. Yeah - I like the question what about India - I wonder if those MTs have heard of this ACT.

I wonder how they will enforce it in India - Fat chance

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nm

They won't enforce it in India - Typin_away

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I am in the 5th week of hour long seminars about HITECH. The companies will be the ones fined if it is found that the offshore transcriptionist broke these laws and the fines will be stiff. I am hoping that a few lawsuits will bring about some changes with offshoring but I am not holding my breath.

There was an article in Advance magazine..sm - LaurieG.

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several months ago and there were also several posts back around August or September...think it was the main board here...regarding this issue. I am no longer working as an MT. I resigned after the small MTSO I worked for sold her company to a national company because she was expecting big expenses as a result of the HIPAA and HITECH changes this month. She was going to have to hire a privacy officer and find a way to track every report, etc. The fines for breach of unsecured PHI vary from state to state, but basically it makes the MT just as responsible as the dictating physician. If a patient sues the doctor, that patient can now sue you as well--at least that's my understanding of being made a business associate. I made a decision that I didn't want Big Brother breathing down my neck, so I've "retired" from MT. After 10 years in the industry, I still loved MT, but I certainly didn't like what's happening to it. Best wishes to those who remain.

There is no restrictions about Word??? - Typin_away

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I am in my 5th week of hour long seminars about HITECH. As long as the file is encripted and your computer is locked when not in use you aren't breaking the law no matter how you type it up.

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