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Mandatory HIPAA training UNPAID - What now...

Posted: Jun 04, 2010

So I read the below post about the email circulating among some employers (including mine) about this mandatory class and test for HIPAA. This is an excerpt from what I received today in my inbox:

I am getting some questions about the mandatory HIPAA class being unpaid. Let me clarify why this is the case. Taking the class is mandatory, but unpaid because it is a legal requirement and can be taken at your own pace, on your own time. We are actually helping you to protect yourself from personal liability. Therefore, the class and test taking process is unpaid.

This is a situation similar to an insurance agent needing to renew their license, but needing to take a course on new regulations in order to do so. It's at the expense of the license holder.

Anyone have any more thoughts on this? I did some checking and found this on the Department of Labor site:

http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.27.htm

Just wanted to throw this out there before sending my reply back to them.

Oh, theyre "helping" us? Like how they "help" us - by cutting pay & starving us out of MT altogether?

[ In Reply To ..]
nm

Yeah, what a 'generous' MTSO - NOT!!!

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What a joke! This does not even sound legal. I hope you guys can find a way to make them pay. Boy, these MTSOs are stooping to even lower levels - I didn't think it was even possible!! :-(

Mandatory training - 15+ exp

[ In Reply To ..]
Word for word what I got in my mailbox this morning. I had taken a 4-hour PAID Hipaa class for another employer a few months ago, passed and received the certificate, but they "say" that they cannot take this because it has some "issues" regarding their own company. If this is required to continue employment, it is the employers responsibility - they want to put all the onus on us for liability. They just lost a good employee over this. Bad enough we don't get paid for research or checking company email which is a PART OF THE JOB and should not be done on our "dime/time." In a previous post I state the same thing. Cannot print what my husband said when he heard this. Have they ever heard of karma?

Any company worth their salt will PAY you to take the HIPAA training - Because it protects THEIR butts!

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This is obscene! I hope the names of these companies are published so we know to stay away from them. This is the lowest thing I've ever heard!

Company requiring unpaid HIPAA training - Anonymous

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I am sure everyone posting on here that is required to take the training all work for the same company I do. I'm afraid to post which one it is as I do not want to get into trouble, but it is a major nationwide transciption company, and i believe it may be the biggest in the nation.

walking on thin ice - even the Q paid for this one

[ In Reply To ..]
As an employee, we were paid 45 mins. of training pay for completing this online training. I'm not sure if it was their original intent to pay us, but they actually did in the end. Just something to pass along to your employer.

HIPAA training unpaid - employee MT

[ In Reply To ..]
If you're an IC, it is YOUR responsibility to be trained at your own cost. If you're an employee, your employer has to pay as it is compensated time. This is an infraction of FLSA.

Mandatory unpaid HIPPA training - mtmom23

[ In Reply To ..]
Thanks for the link...I've placed a call to Washington. They have directed me to the local DOL Wages and Hours District Office. I w/b calling them shortly. Let you know what I find out.

Great! Thanks for the update! - MTpockets

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:-)

non-paid training??? recent ruling and subsequent penalties - MT2stay

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http://www.tasb.org/services/hr_services/hrexchange/2010/May10/dol_crackdown_on_ind.aspx

DOL AND FULL-TIME IC - MT

[ In Reply To ..]
I imagine that these investigators will also be interested in those companies that routinely hire full-time ICs, which I think is a total contradiction, as an IC is theoretically expected to have the time and option to have other clients. But, if a company wants your full-time attention, I think that makes you an employee by definition.

Mandatory HIPAA training unpaid - Anonymous

[ In Reply To ..]
As I read thru the DOL site, I still beleive they have to pay us for it. I am going to ask my employment law atty about it to be sure, but I have never had to do HIPAA training unpaid before in my entire working career. I will post when I know more.

Unpaid training same as ins rep... NOT - anonymous

[ In Reply To ..]
Insurance reps contract with the company. They are AGENTS, we are EMPLOYEES. Very different scenario. I beleive the company is wrong in this case and I have emailed my atty about this.

so - how does one enforce this with MTs in India? I mean... - anon

[ In Reply To ..]
If they don't have to do it - why should we?

and if MT-India does not have to do this - are they banned from getting work?

HIPAA is for American MTs Only - That is the reason we should NEVER offshore work

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There is no regulation overseas.

Just another way to rip us off - mtmom

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It is amazing how they try to same themselves money, meanwhile charging the hospitals a ton for us to do this work. And we get paid pennies per line! We are the ones that keep this company afloat, yet they offhsore our work and make us do training, meetings, and required software downloads unpaid.

I was being sarcastic - but MTSOs are taking greater risk now with India. - just saying

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x

HIPAA Now Not Mandatory - mtmom

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They just changed the wording and now the training is "strongly suggested" and not mandatory. Hmm... lol.

Mandatory HIPAA training unpaid - Rainwoman

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We had mandatory training. The course was difficult and we had to pass it no matter how many times it took. However, we were paid an hourly wage. No way would I do it if it weren't paid. Your supervisor's logic is flawed. It protects the company from liability, not you personally. We don't have licenses so that doesn't apply. Certification? Yeah, you do that on your own time at your own expense, but can be compensated more for it. Your company is just being cheap (and probably illegal).

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