A community of 30,000 US Transcriptionist serving Medical Transcription Industry
question for MTSOs - busybee
Posted: Nov 12, 2009
How do you handle using subcontractors (IC's) and still be HIPAA and HITECH compliant? I guess what I'm getting at is after I did some reading on IRS rules for employee versus IC, it sounds almost impossible to have IC and be HIPAA/HITECH compliant.
One says I have to provide training/education on HIPAA, yet the other ones says I can't provide training/education otherwise they are an "employee." One says I can't dictate how the work station is set up, etc., but the other one does.
How can I pass these "requirements" down to the ICs that I am required to do myself or make sure my ICs have without them turning into being an employee by IRS standards?
I can't dictate how the work is done, but I have to make sure it's done according to how my clients want it.
I think there were a couple of others, but that's all I can think of off the top of my head at the moment.
And how do you deal with your ICs billing you. Is there something in the contract? Do you just specify that you will pay them within x-days of receiving an invoice and how does that work with the cashflow? Personally I'd like them to either bill once or twice a month by certain days(so I can have time for cashflow), but doesn't sound like I can specify that.
Do you inform your ICs that they need to have their own written policies and procedures, training, etc? How do you get your ICs to take HIPAA/HITECH seriously without sounding so anal?
Not an MTSO but why bother with HIPAA/HITECH as long as offshoring is permitted? - yochana
[ In Reply To ..]Doesn̢۪t make sense.
because I'm a professional - busybee
[ In Reply To ..]I also have moral, ethical and legal reasons for bothering with these issues. I like to believe I have more integrity than the offshore companies and I do believe that this will indeed make a difference some day.
HIPAA should be taken seriously. Is it a PITA? Sometimes. However, I want to do all I can to make sure I protect one's medical information that I end up with. I certainly hope whoever does my medical records cares enough to do the same rather than someone with the attitude of "who cares," it doesn't matter because some send it overseas anyway. I can't control what other companies do, but I can control what I do.
I want to be HIPAA compliant because it is the right thing to do (a person's medical reports should be protected!). I also don't want to end up in hot water later because of some disgruntled IC thinks he/she should receive certain employee benefits when all I was doing was being HIPAA compliant.
HIPAA compliance - Nina
[ In Reply To ..]My position was terminated because of a carbon copy error, citing it was a severe HIPAA violation. Is this what HIPAA is going to enforce on MTs? A carbon copy to the wrong physician and your fired?
Incorrect cc copy is HUGE. The MTSO must - IC
[ In Reply To ..]report the violation. In certain cases, there are fines. If one doesn't care enough to pay attention and insert correct cc copies, unfortunately I'd hate to imagine what else they're missing.
If you were fired, most likely the facility really got on the MTSO about this. Imagine the scenario - your own medical report was transcribed, a copy to a physician across town was incorrectly entered and your worst enemy works there. Now you're blazing medical information has been sent where it doesn't belong. How would you feel?
incorrect carbon copies - Beth
[ In Reply To ..]Carbon copies should be sole responsibility of medical records dept where the patient has a signed release on file for that particular person to receive a copy. It should be not an MT responsibility, MTs should not be getting fired or demoted, it is a hospital responsibility where the patient's chart is kept with all releases. No release, no copy. MTs don't have those releases on file.
You need to have a contract with your IC, sm - ngtgumn
[ In Reply To ..]How does HIPAA Apply to Independent Medical Transcriptionists?
Medical transcriptionists who operate as Independent Contractors to Medical Transcription Services (Business Associates) and who have direct access to patient health information are referred to by the Act as "Third Parties." Third Parties must have a written contract with the Business Associate for whom they provide contract services to assure that patient information conveyed to them will be appropriately safeguarded and that all electronic data transmissions between the Third Party and the Business Associate are conducted in accordance with the approved national standard. This contract should be similar in nature and scope to the contract between the Business Associate and the Covered Entity.
HIPAA - just1mt
[ In Reply To ..]Regarding cc's, I think these doctors who are dictating need to be a little more specific at all times. I don't know how many times I've had a doctor dictate that he wants a copy to go to "Dr. Jones"... well which Dr. Jones. Or they'll have some doctor's name from another state that they don't even know how to spell or say for that matter, and don't give a first name, yet they want a copy sent. So we little transcriptionists have to take the time to find out who this doctor is, thus taking time out of our typing time, thus taking money away from us. In the end, if something is wrong, we're the only ones in trouble and we have no defense.
medical records dept responsibility - Beth
[ In Reply To ..]Again, this is a medical records dept function, they have the signed release, they send a copy.. no signed release, no copy. That is HIPAA's desire, not to punish the MTs, but to get the hospital/doctor to be more responsible towards their patients.
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