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OMG, very scary - JMZ


Posted: Apr 29, 2010

A friend of mine was just fired from MQ with no warning whatsoever! Apparently she had CC'd the wrong doctor (very similar-sounding names, ESL dictator). I know this is a major HIPAA violation, but everyone makes mistakes...we are only human. My friend always had excellent QA audits above 98%, 15+ years as MT, no other issues with her work. You would think they would look at this on a case-by-case basis, consider past record, when it comes to firing someone on the spot like that. It is a California account and I hear California is one of the most stringent when it comes to HIPAA, so maybe it is the client making these decisions and not MQ? How can one get another MT job with this on their record (she had worked for MQ for over 10 years)? I don't know if she will be fined or not on top of being fired. Her whole world just collapsed.

I am seriously considering getting out of this business now, especially since this kind of thing can really screw a person up for finding another job, especially when working for the same company for so many years and not having any other references to put on a resume except one company many years ago. 

HIPAA violation for cc'ing the wrong physician - worried about the whole thing

[ In Reply To ..]
Wow, I am so sorry to hear what has happened to your MT friend. But, this brings up something that I have been wondering about since this whole HIPAA thing and all of the threats of being fined/sued if a cc is sent to the wrong physician.

Let's say that on one of your accounts, the dictator says to send a cc to "Dr. John Smith." And there is only one "Dr. John Smith" on that facility's physician roster.

BUT...how can we possibly know that the dictator in fact means THAT PARTICULAR "John Smith." Especially in a large city where there may be multiple physicians by the name of "John Smith." Or maybe he even means to send the cc to a "Dr. John Smith" who is actually in the next state over.

Honestly, I think the only safe way for us MTs to handle this whole thing about sending cc's is to let the facility's medical records department take care of it. Because they are the only ones who have access to the patient's entire medical record and the only ones who would know exactly which "Dr. John Smith" should be receiving the copy.

The doc has the final say on whether dictation is correct so he should get the violation - Gimmeabreak

[ In Reply To ..]
nm

That's why I don't guess. - Tired

[ In Reply To ..]
If I can't understand the name or there is more than one Dr. Smith in the database, I put it in the new CC box as Dr. Smith or Dr. __________ and send it on its way.

That seems pretty harsh. Is this the first time - Kiki

[ In Reply To ..]
she had done this? I did the same thing, cc a wrong physician, about a couple months ago and just got a written warning.

Well, when she goes to apply for a new job, the only thing MQ can say is yes she worked here from X to x dates, nothing else. So please let her know that. I hate that they basically crush someone because:

In my opinion, this is just TOO much responsibility that they put on us. This is something we don't even get PAID to do.

Please, everyone, unless you are 100% sure of the CC (and can you ever REALLY be?) I'd NOT use the database....just enter it in manually. I was told (I kept the email in case) that entering it manually does not automatically send the cc...puts the responsibility where it belongs--on the client. This is what I have been doing since I got that warning. Haven't got complaints as of yet instructing me to stop. It does take slightly more time but I'm just not taking on that responsibility.

CC's - MT

[ In Reply To ..]
Here's what I do: Everything just goes into New (manual) even if they give a first name, last name, and specialty. If they give an address with the first and last name, I may check "view" to see if it's the same address. I do use "regular" cc'ing if the dictated cc first and last name are so odd, that there can't be many in the country.

That's all we can do.

She says it is the first time as far she knows - JMZ

[ In Reply To ..]
I am wondering if the client has anything to do with the action taken by MQ? She was on real good terms with her CCM and Quality person, but has not been able to contact either one since this happened.

Thanks for the heads up on manually entering CCs, that is what I am going to do from now on. I always leave a note if first name not given or name unclear and enter the names manually in those cases anyway.

I will call my friend when she calms down and tell her what you said about what information MQ can give, I think I read that somewhere and that perspective employers can ask if MQ would consider employee for rehire.

I am so upset and paranoid it is hard to concentrate on work.

Fired for wrong cc???? - Working MT

[ In Reply To ..]
Now wait a minute, where does it state anywhere in MQ's HIPPA that I signed that I would be fired for such a thing. When I took the HIPPA training it does not state anything of the sort. Besides, I thought that what cc's we were entering did not automatically go to these physicians on staff, I thought that Medical Records had to go through the paperwork and distribute these cc's themselves. It is totally unfair or even reasonable to think that we out in cyberspace can be responsible for such a thing. If I lose my job over something like this, then it is time for me to get out of this business. Also, I have left my reports on and done other reports while looking up and my CCM has never warned me I was in violation with a HIPPA law about that either. How can it be anyway, Maybe I am looking for a hernia operative report and it does not happen to be the same physician I am working on, just wanted to see a hernia report. I am not violating HIPPA, YOU MQ are as you are letting look at these medical records and dont want to pay QA any more. Nough Said.

didn't you watch - the videos for the HIPAA

[ In Reply To ..]
and the HITECH act? Remember the training back in January that has to be completed?

The bottom line is CYA for everything. If doc dictates send a copy to Dr. Smith, then I send a note to the client saying "cannot verify which Dr. Smith, please verify." Let the hospital figure it out from there.

I also use past report lookup VERY infrequently....one because it's so time consuming and two, because it's catch 22 when you are trying to search for old info on the patient or physician. Be careful. Search online or in operative resource books for info. There are other ways. Most of us have had a list of websites and written references to refer to for years.

Obviously did not see the videos right under - the HIPAA you signed.

[ In Reply To ..]
Our BOB group is constantly receiving emails from QTL and CCM once a week about a BEWARE of new HIPAA law. If you send a copy to a doctor with a wrong first name, etc., you can be fired AND sued from 2,500 up to 250,000.

I DO NOT HAVE 2,500 NOR WANT TO BE SUED BECAUSE I DO NOT GET PAID ENOUGH FOR THIS CRAP. Gone back to school. GET OUT of this profession as fast as you can. It will only get worse.

HIPPA & CC - planetspinz

[ In Reply To ..]
Before all the HIPPA requirements, I made the mistake of cc'ing to the wrong doctor. I was given a warning to not do that again. Since then I NEVER use the directory to send a CC - even when the name is spelled - I type the name in the CC because I do not want to be sued or fired. I also google any fax number before putting it in the report. I ALSO NEVER use the directory names for referring MD - I bring it in from the directory then delete the MD's number. If this is wrong, well that's how I KNOW I'm in the HIPPA compliance. So sorry to hear about someone being fired for this, but I know how bad I felt that I sent a patient's records to the wrong doctor.

Not right, not right at all - sm

[ In Reply To ..]
We are the darn transcriptionists for Pete's sake!

We are not the doctor.

We are not the med facility.

We are just the MT. We can only transcribe what we hear.

The doctors definitely need to take a lot of the responsibility for their dictations and clean them up, clearly speak, spell names out and don't assume we will pick the right person out of a list of names when only a last name has been dictated...send a CC to Dr. so and so. Let me see, two different spellings in the list, you didn't spell it out so how should I know the right one to choose?!!!!

I've spoken to a neighbor who is the 25-year office manager in a local med office of 10 Drs. She believes the HIPPA laws are going to be a BIG JOKE once everybody is doing EMR. They still do tapes and she like the fact that there is only 1 person outside the office staff accessing the patient information. She doesn't like the fact that a simple password gives you access to information on everbody the system. She says you can "throw enforcement of HIPPA out the door" once that happens. As well, none of the Drs. there feel at ease with EMR either.

Change is a comin'

physicians and EMR - Marine Mom

[ In Reply To ..]
I think it sucks that the MT got fired for a CC. I think that is taking it too far, but on the subject of EMR. Before I was a spheris MT, I typed for 7 doctors internal med, cardiology and endocrine. All of my docs said they hated everything about EMR, and would fight it every step of the way. Since I have been back in Iowa, I have been to a few doctors, specialists, walk-in clinics, and I always ask them about EMR, just out of curiosity. The concensus of ALL of these doctors is they hate it, and they want their dictation and their MTs. My question has to be why why why don't the doctors revolt against EMR? If enough of them got together, wouldn't you think the hospitals and clinics etc. would listen to them, or is it too big of a corporate monster to tame already?


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