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Does this mean you don't have a business associate contract/agreement in place with your doctors

Posted By: That's a HIPAA requirement on 2006-06-09
In Reply to: Just have to cover yourself - Patti

nm


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You are a Business Associate...sm
and as such, it is appropriate to trust you with this material. It's like the clerk at the bank seeing your account number on your deposit check and seeing your account balance when she deposits your check. You are within the system, processing information appropriately. No HIPAA violation there plus patient identification is there for accurate record keeping. Would you rather have them guessing between S. Smithes or seeing which one lived at which address with with DOB?
I contract with several companies/doctors, and I highlight the...

discrepancy (bold it) as well as underline it.  I also add a note at the bottom like this:


NOTE:  Age discrepancy. (Or medication discrepancy, etc.).


If needed, I am more specific. 


Every account I transcribe likes this approach, and my QA people have actually adopted this technique, requiring their other MTs to do this.


I know not every account will find this acceptable, but it's been working well for me for years now. 


copy of business to client contract
Could you please forward a copy of that contract to me as well. I appreciate you time and efforts in advance.

email: medmanzala@hotmail.com
probably place of business and that is for them to fill in. nm
nm
I use ASS for associate...

I have several docs that always say "consultation with GI, Dr. Pooh Bear and associate" and when I am in a hurry, I get the A and the I turned around. 


I sometimes have trouble when I am typing a regular e-mail because of all the "shorthand" I have for working.  I just type a w for with, wh for which and I find I do that when I'm not working as well. 


Google contract samples, basic contract examples, etc.
:+
Why? Do you associate them with elderly women? sm
The hot names today, Ashley, Brittany,Taylor, etc., will one day be associated with old, overweight women and thus be considered ugly, elderly names. Better to stick with classics like Elizabeth, Mary, Sarah.
I didn't know there was an associate degree for
Guess we do learn something new every day. How long did it take you to get this degree in MT? Did you go to college or tech school? If you have an associates degree in MT, you should be overloaded with job offers, I'd think...
It's not the name that matters. It is who you associate with a name that makes it beautiful
:+
U wouldn't associate with Paul McCartney?
He's a major pothead, ya know!
Associate's Degree in Medical Secretarial Science - sm
2-year program with emphasis on transcription.  Terrific - wouldn't have learned it any other way.  Taught me to be a good MT - not these quick-fix on-line programs where everyone things they can early a huge salary as soon as they are done.
It's the only place I have ever lived.. Great place to retire or raise a family. Low crime rate e
living is pretty easy here. Low stress..
Associate in Applied Medical Science, Bachelor's in Liberal arts with emphasis on Psychology
and looking for a way to get out of MT before voice rec takes over!

Kids are grown and gone and I no longer need to be home all day. The cats don't need as much supervision as the kids did.
Unfortunately it is legal..so yes it is business and they will continue with bad business practices
x
I am in agreement with you. sm
I haven't seen the word type ever, either.  I use the hyphen non-Hodgkin lymphoma.
Am in 100% agreement with you...
this is what I have been talking about. This is a job and should be treated as such and not just a vehicle for you to be able to stay home. Thanks for the good post. Most of the MTs answering are really, really touchy about this because they are the ones trying to be supermom, wanting to put all else before their job and then wondering why falling short in pay, time to actually work, etc. I have never said not to love your family- you just really need to have a separation of work and family.
I am in agreement.
I doubt anyone is working for a national making that kind of money the OP asks about.  You need to cut out the middle man, take the initiative, and gain some accounts for yourself unless of course, you don't want to leave the house and don't want the responsibility of doing just that.  It does take more than just sitting at the computer to gain accounts.  JMO.  I have my own accounts, not large, and I'm not an MTSO, but I'm making $35,000.00 a year, and I don't work that hard, but I do have many, many years of experience.  The accounts I have were through the docs watching me transcribe on-site and being impressed and I'm not patting myself on the back, but I do believe being on-site for awhile can do wonders for your career. 
The position varies from place to place..
Sometimes you end up doing VR, which can be really easy or a real pain. Sometimes you end up simply editing files and all is good. Other times, you end up with more job responsibilities and hours than you ever wanted. All in all better than typing LOL.
Contract/no contract -- same rights
You do not have to have a written contract to take them to court.  All you have to do is to prove you have been providing  work to him, past statements/invoice will do that,  you just fill out the small claims forms and go to court.   But first of all I would personally go in and talk with someone about it.   Could be the office manager/bookkeeper and not the doctor that is not paying you.   He may not know anything about it.   And please do not  make the "joke" as above mentioned, that is very LOW class, tacky and not professional at all.  Especially if you are in a small area -- you need to conduct like a professional.  But call and make an "appointment" to talk with the doctor either in person or through a phone call.  Some doctors do not know what is going on in their office and perhaps the office manager wants to be paid first.  If the doctor does know, then in person or over the telephone inform him that you have no other choice but to pursue the debt just as they would if someone did not pay their bill and if that involves going to small claims court, then that is the route you must take.   Good luck.  I did take one to court without a contract and won. 
total agreement with you - sm
I myself am in favor of trying to find out which hospitals outsource the work to India and then writing letters to the local newspapers as "letter to the editor" kind of thing to let the residents of the area know that their medical records are being sent out to India. But that's just my opinion.
do NOT sign any such agreement
x
I'm in total agreement with you.....sm

Do not kill them....unless poisonous or unless they strike!  They can be caught and released or given to someone or some group who specializes in handling snakes.


Killing is the coward's way out...killing something that you are 10 to 100+ times bigger than......unless of course it's about to strike or is poisonous!


non-compete agreement
GA girl, where are you? Do you have experience with a n.c. agreement in GA?
non-compete agreement
I read the posts below about the n.c. agreement and wonder if you have any knowledge of them. Any info is appreciated. Thanks.
Exactly, a mutual agreement...sm
Where you find someone you can trust to do quality work and help each other out.

As I am preparing to go out on my own also, here's what I was thinking. (Now this is just a thought.)

You tell your prospect up front in the agreement stages of obtaining the account that on the rare occassion that you need to take time off - i.e., vacations, etc., that you will type the most important charts, up to a limited amount of charts, during that timeframe.

I thought I would take a laptop with me (yes, even on vacation) and type 1 hour or so.

Then, when you return, you will have the backlog typed in xxx amount of days at xxx discounted charge.

Just a thought. I'm also trying to network with local Independent Contractors to work out a mutually beneficial relationship with them.
You need to consider formalizing your agreement with them. sm

You don't sound like an IC to me but more like an employee. I would suggest that you clarify your status with this office by way of a contract that states the services you offer and what your charge is for your service. This should include the definition of a line and your per-line rate. Then, if they increase production, you increase your income, and it shouldn't really matter to you if it's thank-you letters or patient notes as long as you're getting paid. This also allows you to outline exactly what you are willing to do for this office. As a compromise, you may want to consider stating that you will supply a missing patient list at the end of each day. Then, stick to it.


This office sounds like it needs a REAL office manager and not  the doctor's wife who fills in or a manager who apparently doesn't know how to manage her own job.


Good luck!


I am in total agreement with
I also have many, many years of experience and find it hard to believe that the pay is only 7 cpl when in fact you must have a lot of experience and learn new platforms, accounts, etc.  Production suffers initially, and then all of a sudden these MTSOs want to switch you to another account, which makes it almost impossible to make a decent living at 7 cpl. 
another voice in agreement with yours...
I've been doing this 13 years, some of it as a QA Editor (the only time I've ever heard of being promoted to a "higher position" yet making significantly less money...)and I agree with all of the above. My favorite is when you put in for a raise and get ignored, time and again, even though you are called a high producer and put on difficult accounts because you "do so well on them". Also, voice recognition is going to destroy this profession entirely probably sooner than later. It's all changing completely. I finally decided I'd had enough and went back to college a couple years ago to change professions entirely. In a year and a half, I'll have my new degree and be done with MT forever and it will probably be the happiest day of my life.
Here's a wry smile of agreement instead. NM
NM
Confidentiality Agreement
Does anyone have a generic confidentiality agreement that they use for their clients.  I have new doc, and I don't have any agreement in my file.  I have signed theirs, but do not have one to offer the new doc.  Anybody have one or know where I can find one?  Thanks so much.
Confidentiality Agreement
There was an Agreement of Confidentialty that was posted on 05/20/09 by DeeAnn. that was really good. Hope this helps.
I just checked my employment agreement and...
it only says you have to return the equipment, it doesn't say who pays for it.  Should I just shut my mouth and pay for it so they don't hold my last check for ransom?
The scope of the agreement is much broader
It gives them the right to look at ANY document on your computer, any email you have sent.  They want to see who you communicate with, what you say to whom.  They want to manage what information about the company is sent out on message boards or anywhere on the internet.  They want to restrict any negative comment about the company from being posted anywhere on the internet or in private email.
I am in total agreement with what you have written
This job was quite enjoyable in my younger years and while it sounds like pay was low back in the 1980s, the cost of living was low as well.

Another 4-5 years of serious studying and I could have possibly obtained a degree in an area which had better job security, had a future I could count on and didn't require 50-60 hours of week of work to bring home 50G.

Plus, at 48, my hips, hands, hearing, have taken a beating that I am not really being compensated for, most jobs after 20 yrs, land a person into a supervisory position of some sort that allow the worker to teach what they know, and yes, to relax somehat and let the young and spunky ones keep up the grueling schedules.

So, in retrospect, I would have gotten student loans, applied for grants, did what I had to in order to acquire a higher education (I wanted to be a doctor).

You should have signed a confidentiality agreement which allows you to type this unless-
you do not feel comfortable typing it, in which case I would ask my supe to reassign it.
part of the agreement is to not portray the company in a
.
I'm in TOTAL agreement with you, I just hope they don't retaliate.
x
This is not illegal in most states. Sometimes it's in the divorce agreement.
nm
Try calling back about a payment agreement.

deal with compared to my state department of revenue!  I owed taxes over $10,000 in taxes two years in a row to the IRS, so over $20,000, and they let me make payments on it and I got it paid off.  I also got the INTENT TO LEVY notices, but when I called and set up a payment agreement they stopped with the threats.


Right now I owe the IRS about $5000 and when I called to set up payments I asked them if I could make payments of $150 a month and they accepted that without question.  I was a little afraid to suggest such a small amount, but they took it.


Now my state department of revenue is much meaner than the IRS.  They told me to pay what I owe them in six months or else.  They put a lien on my house.  They will only accept payments if I take the total and divide by 6 and pay that amount each month (impossible for me to pay that much) so I am just in a holding pattern seeing if they are bluffing or if they really are going to do something.


I'd say if you really have nothing of value the IRS can get, then it is to their advantage to work with you.  I think you just got a bad agent.  Call back and try to get another one that will work with you. 


Despite having just read the Subscriber Agreement, Section #10...
Re: Limited warranty on Equipment (stars); their legal people pretty much covered their ass. However, based on my experience with IPs, if you keep plugging away (it may takes months), eventually they will tire, thus removing said charges. Again, be prepared for a long battle and make sure to document everything, and I do mean everything. Please keep me posted.
I made my business your business by posting and...
I totally respect everyone's opinions. It is easier for others on the outside looking in. That's why I pushed the "post reply" button yesterday. I trust my fellow MTs and I know the more I read from you all, the more confident I am becoming. I just need that final push, not from him though. I also wanted to let you all know that the physical abuse while I was pregnant was documented by my doctor and the hospital. I only wish I had known then that it is a felony to abuse a pregnant woman. I also photographed my face from a couple of weeks ago and told several people in my circle. I had such high hopes for us. Now...not so much. I'm not saying that I won't try to get him to church, but I realize that God can only do so much for someone who isn't listening. j
Business is business. Internet forums are
.
Our agreement with our clients regarding referring physician names
When we accept a new client, we request a listing of all referring physicians and their addresses. We enter those names and addresses into our address database which can be accessed by the MT at any time while transcribing the report. They can search by first name, last name, partial name, city or state. We also instruct the physicians/dictators (and their staff) to SPELL physician names if they have not been provided on the initial list. If the dictator dictates a name not found in the database or does not spell a name, the MT has permission to leave a blank (or spell phonetically with a flag for the dictators staff). Our clients print their own work and can make changes/corrections to documents at their end. Therefore, it is THEIR responsibility to fill in the blanks if the dictator uses a name not provided or if he/she does not spell the name. QA staff does not have TIME to look up addresses, and in my opinion, doing so would be a huge waste of our skill. We edit hundreds of reports daily and if we had to research names and addresses in each report, we would never meet our turn-around time agreement. Additionally, we have a customer service department at our home office who can assist MTs with issues such as this. Check with your supervisor/QA staff to confirm what your company policy is regarding names and addresses. Perhaps blanks are acceptable for physician names. As we all know, even if the dictator dictates John Smith, it's possible the name is spelled Jon Smythe. There is no possible way for you to know that; therefore, it should be the CLIENT'S responsibility to confirm the spelling and add the address.
when you work for a national, you sign a confidentiality agreement...?
the same rules would apply, and you must have signed a confidentiality agreement with whomever you work for. you can be fired, if breached.

my opinion, as a professional, you transcribe it and mums the word...

when I worked in a hospital, someone was caught 'sharing' information about the CEO from a transcription report, and was fired on the spot.
It's a written rule in some companies confidentiality agreement.
I know my company has it as a written rule so it just is not good business. I would think an MT would know this
In total agreement, Chris and ManDIVA rule, Taylor

STAPLES is now carrying Dell PCs, laptops, exclusive retail agreement. nm
Paradox
For a business ad?! A business that deals
''Transcriptsis'' x2

''with good track record''

''serve our clients of all sizes'' (I know what they mean, but I just think the wording is funny)

''strive to achieve highest possible quality'' (once again, they never met an 'article' that they didn't hate)

''all departments including H&P...'' (or a comma, for that matter)

Hence, the need for a contract
and put it in writing that they have to give at least 2 wks notice or pay up! Wouldn't that be right? Business is business. I bet they wouldn't want someone doing them that way!
No contract
Actually I do not have a contract and usually do work whenever I want, just received an e-mail about the holidays and was not sure if I was actually "required".  Have worked for them for 3-1/2 or 4 years but have never received an e-mail about holidays.
My contract

gives me a 72-hour turnaround time.  I'm a contracted employee; therefore, responsible for my own taxes.  I download the reports on a disk and do not print them out. 


This may have been around for a while, but I have never heard of it before.  Also, I would think it would be more of a local jurisdiction situation than state jurisdiction if you are working for the local police department.  I do not see what the problem would be ... you have a confidentiality agreement, just the same as with medical.  I will say, he went through the city attorney and others before proceeding. 


If you have more questions, please feel free to email me.