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If MD refuses to comply with HITECH, would you... - trying to decide

Posted: Jan 13, 2010

drop the account? Would you comply with HITECH and let the doctor worry about his own compliance and keep status quo?

I have an acct that is part time and I could pick up more more elsewhere if I dropped him, but who wants to walk away from business in today's environment? This doctor is not overtly saying he refuses to send his dictation by encrypted email. He just is saying nothing and not changing anything.

What would you do?

HITECH - Tara

[ In Reply To ..]
I would say that's up to him on whether or not he complies. The only way he is going to get caught really is if he is audited or if there ends up being a breach of confidentiality. I would say do whatever you can on your end to make sure that everything is as secure as possible, i.e. have your own email account through a provider, not hotmail, yahoo, etc., keep your computer locked and not accessible to anyone else, etc. I certainly wouldn't walk away from business this day and age and if I were you I'd almost be happy that this doctor wants to keep things going the "old way" as that will keep you in business longer.

Well, you could ask yourself, "Do I feel lucky..." - MissIndigio

[ In Reply To ..]
Seriously, CAN you cover yourself completely from your end? I'm not an IC now, but I was as a real estate appraiser, and bank malfeasance and pressure on me to break or bend the law (frequent in a bad market) would not have protected me from consequences of my own illegal or unethical actions. I had E&O insurance, but E&O does not cover illegal acts. At all. It's not allowed to by law and is the first thing the insurance carrier will investigate a claim for.

Maybe you could take him out to lunch to discuss this problem without distraction. Best wishes.

I agree with TARA..as long as you are doing what you need to do... - tbur

[ In Reply To ..]
then you should be fine.

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