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What does your MTSO do about MD HIPAA violations? - ROFL

Posted: Oct 12, 2012

I find it interesting that if we violate HIPAA law it's a mandatory life sentence without the possibility of parole, yet when doctors continually violate HIPAA law on a regular basis these MTSOs are too wimpy to say anything, or even care the the patient's rights are being compromised.

They do nothing. But WE are responsible for fixing their - HIPAA errors. nm

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Question... - sm

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What's an example of a physician HIPAA violation that has to be corrected by the MT?

Putting in wrong pt info, example dr spelling pt name wrong, - wrong med dose, cc mess. nm

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What about this (not MT related, just curious) - Leaving MT

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I had a Mohs procedure done last summer, which required me to wait in a waiting area while the doctor did the pathology on the tissue he took to determine if any more tissue needed to be excised. There were other people having the same type of procedure done in that waiting area as well. The nurse would come into the waiting area and announce for all in the room to hear, "Mrs. ____, come on back. We need to take some more tissue," or, "Mr._____, come on back. We got it all and need to close you up now." I wondered about that and HIPAA. I was thinking she should have just asked each of us to come back to the patient room and then told us privately what they were going to do and not announce it in front of the entire waiting room after calling our names out, but maybe I am reading too much into it.

Respecting privacy would be a common courtesy. - Not reading too much into it. NM

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None of those things are HIPAA violations - sm

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I agree with the poster below who suggested that you educate yourself about HIPAA.

None of the things you mentioned constitute a HIPAA violation. I cannot think of a single thing an MT could do to correct a violation . . . how could you correct something that could not have happened?

HIPAA has nothng to do with errors in medical records. It prohibits the DISCLOSURE of personally identifiable health information to unauthorized parties. Exceptions are made for disclosures made to other healthcare providers.

As for being fired for a HIPAA violation because you typed an incorrect provider number, that is ridiculous. You made no disclosure. Any facility that allows CCs to be sent without checking them is asking for trouble. It would stil be difficult to prove it was a violation. It went to a healthcare provider, for which the patient's permission is not required.

Records sent to another provider who isn't treating that patient IS a HIPAA violation (sm) - Morgan

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and this happens all the time where doctors say "CC to Dr. Anderson". An MT in another state has to Google search a Dr. Anderson in the state the doctor is in to try to decipher which one should get the CC. Sometimes you have enough information to learn which Dr. Anderson should receive the cc, but most of the time you will find a ton of Dr. Andersons in that state. What if it was Dr. "Andersen?" Doctors are not trained or told that their MTs are no longer in their area and they must give a first and last name for CCs and specify which one if there are multiple with that name. I get this daily, several times a day.

Another violation is, for example, "Mr. Gustav Sandoval is a 51-year-old gentleman who works as at Allstate Insurance in Fernville".

Another violation: "Ms Smith has been caring for her husband, Carl, who is a diabetic with COPD".

Why doncha just put cc: Dr Anderson and let the facility figure it - out. That is what my MTSO has us do. nm

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We are required to have the correct spelling and a first name. - anony

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None of those things are violations. - You do not understand HIPAA

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I am actually surprised that you think things said within medical record documentation would be a violation. You appear to misunderstand the requirements.

To whom has that information been disclosed? What DISCLOSURE occurred when you typed a doctor's name? What DISCLOSURE occurred in documenting the name of an employer or husband's illness?

DISCLOSING it to unauthorized third parties is a violation. Documenting relevant . . . or even irrelevant . . . information in the record is not.

But YOU are not sending them! - Something else . . .

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YOU are not sending those records. YOU do not know if the doctors listed in the CCs are involved in the care or not.

The person at the hospital who is acting on this to send the copy is responsible.

My facility no longer sends copies based on what has been dictated. Our MTs are instructed to ignore CCs.

I think you would be surprised to find that many facilities no longer send all those copies. It is dangerous and an unnecessary expense. Doctors still dictate CCs thinking that copies get sent--it is just a habit. MTSOs might think facilities still honor the CCs, but it may be more a case of keeping on doing what you have always done.

You can't just CC to anyone who is not also treating the patient. - Anony

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Unless there has been a change from the HIPAA laws when it first went into effect. There is no reason for a physician not treating the patient to receive their private medical records.

I think a suit should be filed if one loses a job - for this reason...

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We are the only ones held responsible. My sister received my lab results at her address, 1/2 hour from my home. I never lived there. Never gave them that address, and certainly did not authorize them sending that info to her. So, I call the office, throw a royal fit, and they do NOTHING! I brought up HIPAA, and they said, mistakes happen.

Well, how can we be held responsible if they are not? These MTSOs are using this against us when the hospital/physician staff are not held to those standards. That cannot be legal.

Funny, below some think MT errors are human, But here is an MT - throwing a fit cause of HIPAA violation. nm

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To really get their attention - Old Pro

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Have your legal counsel write them a brief letter on his/her letterhead just reminding them about HIPAA. Somehow the words "attorney at law" get their attention.

I don't think - anon

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I don't see how the MTSO could be held legally responsible for the doctor's violations. The MTSO though, is liable for your hipaa violations because you are their employee. Big difference really.

You think correctly - Old Pro

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The physician is known as "the captain of the ship" as defined by legal doctrine. The MTSO is responsible for their MTs. She or he is NOT responsible for an M.D.'s violations. You can look it up in any basical legal text. Look under "Captain of the Ship doctrine."

Nonsense. It's not a violation until it's in a report in a chart. Docs know - we have their backs. We know that the

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only HIPPA violations we are responsible for can be memorized firm in about 30 seconds and that watching for them is part of our job.

So why are any of us complaining about being put upon SO dreadfully? Taken such outrageous advantage of? Life's victims, taking all the blame for everything while physicians laze around on golf courses?

Come on. Stop the whining? Refocus the resentment where it belongs? It's about the money!

What HIPAA violations are those? - Curious

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What would an MT "violation" be? You do not release any information, so . . .

I'm wondering what the MTSOs have been telling you! Sounds like they are making things up.

Educate yourself regarding HIPAA - Anonymous

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I would suggest visiting the Department of Health and Human Services web site to learn what constitutes a HIPAA violation and what does not, dictation errors are not considered violations. Sending lab results in the mail is not a violation. The facilities where the doctors work and the doctors themselves can be fined if they are truly liable, and your employer would get fined if you messed up, you would probably lose your job. Sending cc's to the wrong place is a HIPAA violation. Dictating the wrong med dose is not a HIPAA violation, no one's personal information was compromised. If you have evidence against a provider or facility, you can report it confidentially through Health and Human Services, but I would suggest getting all your facts straight.

sending my lab results to my sisters house is not - a violation? WHATEVER!

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Yes it is... it compromised my personal information!

This would not be violation. Your results should have stayed in the - envelope with no compromise SM

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to you. The reciever of this, should have given it to you, unopened, or they should have put return to sender on the envelope and sent it back. Whoever opened the results at your sister's house committed, would that be mail fraud? However, if the envelope was never opened, no compromise at all and this whole thing is moot.

I agree - Anonymous

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The medical provider could have confirmed your sister's address before sending the lab results, but the envelope should not have been opened and returned to sender. If you think it was a HIPAA violation, as I said before, check with HHS and report it.

yep. return to sender unopened, or hand deliver unopened. - nm

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It was addressed to my sisters house with her name on envelope - and my lab work inside

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My name was not on the outside, I guess I should have explained every little detail before I posted!

Yes, this was just a little detail, lol. And it changes - everything, IMO. nm

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Little detail - Anonymous

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I didn't pick up on that the first time I read your post although I'm sure it was a lack of comprehension on my part. I don't know what it has to do with doctor and MTSO errors but that's okay. If you want to pursue this, you could go to the administrator of the facility that sent the lab results. Do you and your sister have tbe same last name? I'm not saying it excuses them but I can see how they could have gotten you mixed up, also because you live so close to each other. Once again, pursue it if you think it's important enough, report them to the feds if it will make you feel better.

no, have not had the same last name since - 1988, and the clinic was

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not even around then... They told me there was nothing I could do. The only link I can figure out is that my daughter (same last name until 5 years ago) moved in with my sister, but that still would not have changed my address! It makes no sense. I honestly dont think HIPAA even exists!

This is very, very odd. There has to be - some way that

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they would have connected you two namewise. The only way I could see the daughter connection would be if you guys were discussing your daughter and them realizing that she actually lived with your sister. Then, it could have been one of those things where they were thinking about the relation as they sent out the lab work. I also work in a physician's office, and the way you would get a patient's address is from their chart, either paper or EMR, usually starting with last name first.

I would think if you really wanted to do something about it you could. If it were me and it were something like a CBC or cholesterol, I would just get it from my sister and let the doctor himself and office manager know what happened and that you are not happy about it. I wouldn't personally ruin someone's reputation because of blood results being sent to my sister. If it were something very embarassing such as an STD test or AIDS, well I might be a little more upset.

It was a mistake, just like we as MTs make mistakes all the time, sometimes critical.

You listed her as next of kin or person to contact - SM

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The explanation is going to be that you listed her as kin or emergency contact when you filled out paperwork at that office or some other entity that the office is part of, like a healthcare system or PPO, and you just don't remember it.

If you believe that there is nothing you can do, that is very good evidence that you don't know what HIPAA is, that you ignored the Notice of Privacy Practices that your healthcare provider
gave you, and that you did not look on the internet to see what you could do.

What you can do is report it. It will soon come to light how this happened. You are good at internet research, so you should have no difficulty finding the phone number or address.

The OP never said anything about medication doses. - anony

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