A community of 30,000 US Transcriptionist serving Medical Transcription Industry
I am reading far too many cases of MTs being fired/threatened for copying the wrong doctor on a report. While this constitutes an error, it does not (NOT) constitute a HIPAA breach.
HIPAA law is being wielded like an axe by misinformed management, with the regulations being used to threaten and fire a huge segment of the American workforce.
MTs fired for a "cc" issue need to report their job loss to their state labor department as well as the department of health and human services.
Please see below for definition of breach:
http://www.hhs.gov/ocr/privacy/hipaa/administrative/breachnotificationrule/index.html
Definition of Breach:
A breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information such that the use or disclosure poses a significant risk of financial, reputational, or other harm to the affected individual.
There are three exceptions to the definition of “breach.” The first exception applies to the unintentional acquisition, access, or use of protected health information by a workforce member acting under the authority of a covered entity or business associate. The second exception applies to the inadvertent disclosure of protected health information from a person authorized to access protected health information at a covered entity or business associate to another person authorized to access protected health information at the covered entity or business associate. In both cases, the information cannot be further used or disclosed in a manner not permitted by the Privacy Rule. The final exception to breach applies if the covered entity or business associate has a good faith belief that the unauthorized individual, to whom the impermissible disclosure was made, would not have been able to retain the information.