A community of 30,000 US Transcriptionist serving Medical Transcription Industry

HIPAA violations ... - sm

Posted: Apr 01, 2011

First of all....isn't any medical report being typed out of our country by a another country that isn't required to follow HIPAA regulations.....well a HIPAA violation? Not to mention a potential homeland security risk! Secondly, is anyone else bothered by being instructed to type the patient's name in the body of a report? According to HIPAA regulations, the patient's name is NOT to be typed in the body of any medical report. We are all violating HIPAA by doing this and yet account after account says in the client profile to type the patient's name. Can we as MTs be punished for this if turned in?

HIPAA violations are a joke - NJA Queen

[ In Reply To ..]
There is a hospital in New York (not a MQ account) who faxes me Oncology records by mistake every once in awhile, 5 times by last count. Apparently my area code and fax number is one number off from the number they are trying to reach. No cover letter, nothing, just pages of chemo orders.

I have contacted the hospital records department personally, told them I had received the records by mistake and their excuse was because it was going in-house they didn't need a cover sheet. I told them that halfway across the country is not in-house!!

I did end up filing a HIPAA complaint after the fifth time (15 some pages to fill out), HIPAA investigated and told me just to shred the documents when I get them. The hospital did not even get in trouble!

I guess my point is, if HIPAA doesn't go after hospitals for faxing patient records to the wrong number without even a cover sheet after being told multiple times, they obviously don't care about patient names in records.

lovely...and I got a HIPAA violation reprimand when (sm) - .

[ In Reply To ..]
I sent a cc to the wrong "Dr. Jones."

I quit MQ after that, BTW.

about HIPAA misunderstandings... - see message

[ In Reply To ..]
First, medical reports being typed offshore is NOT a HIPAA violation. The typist is considered a business associate and is thus bound by HIPAA regulation.

Second, Homeland Security risk? Are you serious? That doesn't even make sense.

Third, I can find no documentation that we are not allowed to type the patient's name in the body of the report. I have never heard this, but would be interested to review the documentation - if you can present it.

Homeland security risk doesn't make sense? - sm

[ In Reply To ..]
Anyone typing medical reports outside of our country have access to personal information. Who is to say that some Indian MTs couldn't decide to make some extra money on the side by giving SSNs to people who either want US ID to get into the States for terrorism purposes or just plainly for identify theft. Just take a look at this link.

http://www.workplaceprivacyreport.com/2009/10/articles/hipaa-1/hipaa-data-breaches-in-india-threaten-outsourcing-industry-require-greater-vigilance-at-home/

As for not typing the name of the patient in a report....it is located in the Stedman's Guide to the HIPAA privacy rule. The AAMT Book of Style for Medical Transcription advises against using identifying information in the body of a medical report. The American Association of Medical Transcription further advises that such information should be located only in the demographics section of a report. That way, it may be readily deleted. Transcriptionists should adopt this practice.

You would think it was in the AAMT guidelines that we should practice this as it could turn into a HIPAA violation should someone not delete the identifying information in the body of a report, etc.

correct, it does not - sm

[ In Reply To ..]
Your worry about Indian MTs just as easily applies to American MTs.

Your link discusses the importance of securing protected health information wherever it goes, in any country.

First of all, I'm not a "Typist" - Secondly,

[ In Reply To ..]
What happens when you Assume the HIPAA rules are the same in India as they are here? It may not be illegal as it is here to sell someone's SSN in another country. Look at Nigeria. Why do you think so much phishing scams come out of that country? Because it's not illegal to perform certain scams, i.e., helping themselves to your grandmother's bank account. They cannot be prosecuted. International labor laws are all different.

earth to poster - sm

[ In Reply To ..]
HIPAA rules ARE the same in India. Wherever HIPAA rules apply, they are always HIPAA rules.

Do you really think Nigerian scams have anything to do with international labor law? Or that illegal scams are somehow legal in other countries?

No wonder you don't understand what HIPAA is.

You are obviously - sm

[ In Reply To ..]
either a suit, an MTSO who offshores, or an ILP. HIPAA RULES CANNOT BE ENFORCED OVERSEAS. Period.

American born and bred, thanks - as for HIPAA...

[ In Reply To ..]
Again, the company that is subject to HIPAA regulations continues to be subject to, and accountable for, compliance with HIPAA.

Here is some info. - dnr

[ In Reply To ..]
Stedman's Guide to HIPPA Privacy Rule
Google Books exerpts.
http://tinyurl.com/3paoxzc

An interesting point - The patient may request their records not be sent off shore, but the doctor/hospital/insurance company/etc. does not have to abide by that wish.

It is recommended not to have the patient's name in the body of a report. In the "old" days, we never put a patient's name in the body of a report and that is what AAMT directed.

Note all the other material that needs to be removed from the body of a report to de-identify a report - for example: city names, device serial numbers.

Patient name in report - fyi

[ In Reply To ..]
Docqscribe standards and guidelines says not to put patient name in a report too.

names - anon

[ In Reply To ..]
Not in all cases! My accounts say in their CP's to put the names IN the reports.

Hospital preference - a1

[ In Reply To ..]
It all depends on customer preference

My 2 accounts say you have to put patients - names in report if given.

[ In Reply To ..]
It is STUPID!!!! Darn if you do and darn if you don not, I guess.

Newflash about names... - sm

[ In Reply To ..]
If a report is "de-identified" - which includes removing the name, among other things - the then report is no longer considered protected information:
Buh-Bye HIPAA.

No wonder MTSOs, AAMT, AHDI recommend this practice.

Seems the higher ups do not care. - OBVIOUSLY even our own government.

[ In Reply To ..]
After all, Obama was in India during India HOLIDAY weekend and all United States MTs had to work extra hours so India employees could have their holiday, since it is required for no India MTs to work for their special holiday. Yet, when it is United States Thanksgiving or July 4th, WE ALL HAVE TO WORK IF SCHEDULED.

I know what you mean about laws, but our government, SEC, and everyone else do not care. Shoot, our own government is ready to shut down because they cannot agree 0.6% of a budget? Not 100%, not 50%, not 25%, but 6%. WE ARE SCREWED AS A NATION. Plus the illegals now get FREE EDUCATION and I am paying for their education and having to pay for my daughter's college education?

SORRY, I could go on and on. Seems no one cares what happens to our precious United States let alone patient records and information. Shoot, not even the patients probably know about their records.

um... - um...

[ In Reply To ..]
I think you've got too much on your plate, there.

The United States of America is a secular state. Our government doesn't usually "require" us not to work, as you state they do in India.

Of note, we ARE allowed to take off any holidays, religious or otherwise, and the government cannot fine us or otherwise prosecute us. If you want a day off, I suggest you take one.

Take two, in fact. It sounds like you need it.

are you serious? - NJA Queen

[ In Reply To ..]
No, we don't work for the US government or the Indian government, but we do work for an Indian corporation masquerading as a US company. Good luck trying to take off any holiday religious or otherwise with this company without the proper notice (minimum of 2 weeks). No, the government will not prosecute us but the company certainly will- ever been written up for taking a holiday? I sure have. I asked off for Good Friday evening last year (which is not an official MQ holiday but it is a religious holiday and I wanted to go to church) and my CCM would not let me off so I went anyway. I got written up. For going to church. Don't you call that religious prosecution? I do. Oh and I wasn't allowed to use PTO so I had to make up my time or risk losing my benefits. That is a fine as far as I an concerned.

All the poster was saying that compared to the 6 paid US holidays (none of which we are allowed to ask off for)India has oodles more festivals and holidays and we always have to cover for them. Incentive weekends? I think not. We have wised up it should be called "India festival weekend" instead. It would only be nice if the Indians work our 6 holidays so everyone could enjoy time off with their family on holidays.

Perhaps you need to take some vacation time and tell us what that is like. My requests are always denied, denied, denied.

way - ...

[ In Reply To ..]
Like I said, in this country we are permitted to take off any day we choose.

If your company withholds this benefit from you, they're a stinkiy company, but I doubt they are engaging in religious persecution.

(Prosecution would be another thing altogether.)

Anyway, good luck. Your company should treat you better.

Still, there's nothing fundamentally illegal about MTs in India working for American corporations.

it should be sm - soulshine

[ In Reply To ..]
It should be a HIPAA violation if patients are not informed that their records are being sent out of the country.

LOL - sm

[ In Reply To ..]
I find it humerous that everyone is so paranoid about HIPAA being violated in other countries. If you are that paranoid about it, you should stop using your phone, don't get help with your computer problems, etc. More of your personal information is overseas that way than with medical records. No, I am not a suit, MTSO, etc. Welcome to global economy. Don't you think the Indian workers care about their jobs too and are expected to follow rules also. Look, I'm not for offshoring either, but I can't stop it. However, you cannot keep blaming the Indian workers for violating HIPAA rules because of the fact that they are getting jobs. This really is getting old! Actually, I hear of more crimes of identity stealing being done by people on American soil than I do anywhere else. I think you need to be more paranoid about something like that happening here in good old America.

It is terrible that we are losing jobs, yet we are also gaining jobs created by other countries in our country. Again, this is a global economy now and that is how it goes. They get some of our jobs, we get some of theirs. We are making Toyotas and Hondas in this country and they are making GM, Chrysler and Ford cars there. It's been that way for a long time and we can't stop it.

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