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Serving Over 20,000 US Medical Transcriptionists

Hospital fined for breach of octuplet mom's privacy

Posted By: LMT on 2009-05-15
In Reply to:

http://www.cnn.com/2009/US/05/15/octuplet.mom.hospital/index.html


LOS ANGELES, California (CNN) -- The hospital where a California woman gave birth to octuplets in January has been fined $250,000 by the state because nearly two dozen medical workers, including doctors, illegally viewed her medical records, according to state health officials.



Nadya


Nadya Suleman was the subject of controversy after giving birth to octuplets in January.


"

Kaiser Permanente's Bellflower hospital, where Nadya Suleman's eight babies were born, revealed in March that 15 employees lost their jobs and eight others were disciplined for improperly accessing her computerized medical records.


There was no evidence that information from the medical files was leaked to the news media, which has intensely covered Suleman's story, according to Kathleen Billingsley, deputy director of the California Public Health Department's Center for Health Care Quality.


Six of the privacy breaches happened at other Kaiser Permanente facilities, which are linked into the same computer system housing medical records.


Suleman -- already a single mother with six children -- gave birth to octuplets conceived through in vitro fertilization, fueling controversy. News of her collecting public assistance for some of her children outraged many taxpayers.




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Correct about breach of privacy and its NOT too late
As others have stressed on this board, both here and under the politics board, you have a voice and have the opportunity to make it heard. I personally have been e-mailing my US and state elected officials at least once a week. At the Women for Democrats website one of their goals is to bring American jobs back to America. http://democrats.senate.gov/checklistforchange/checklist.cfm The credit card processor for my bank, Heartland, recently had a huge breach in their security system. Per our local State Police this theft is way up due to 2 factors (1) Once our private information leaves the US, those entities are NOT governed by US law and there is little they can do about it; (2) the economy as more people are now willing to buy that information. He said the same goes for our medical information. If you do a search for "medical identify theft", there are over 70,000 hits on that, mind you I did it in quotes, so most likely more without it. This was published Jan 2009, so recent, with many links at the end including a US Government report. http://www.fiercehealthit.com/story/report-hhs-must-lead-medical-identity-theft-fight/2009-01-26?utm_medium=rss&utm_source=rss&cmp-id=OTC-RSS-FHI0 In the years 2000-2004, I was one of the front runners fighting mortgage servicing fraud (very complex, see MSfraud.org) We were told then that there was "nothing to be done" - well a lot of victims of that fraud banded together and did make a BIG difference. We can too by getting our voices heard, working together as a team and following the many suggestions on this very informative forum at MT Stars.
Hospital confidentiality breach in RI.
A hospital in Rhode Island breached patient information of over 2000. Federal investigation underway. Patient's names, SS#, telephone, etc., put out for all to see and caught by a patient who "googled" her own name. They say it was only face sheet info and hospital offered to pay for credit check or credit fraud alert. (Which is free by the way!) So please be careful who you get involved with. I don't believe it was medical transcription or medical records since it was face sheet information but believe me, all subcontractors to this hospital are now on alert and you should be as well. It's out there! The scum bags who post info are at it again. They also had a scandal at a RI supermarket chain where the credit card swiping machines were altered by crooks who are being charged with federal crimes, two would keep the cashiers busy while another would alter the card swiping machine, put it back to collect information, then come in again, take out the swiping info and people as far away as California were charging to these poor innocent people in RI whose cards were swiped while doing their weekly shopping. So don't think your information is safe anywhere. These stories can be confirmed by the local newspaper in RI, "The Providence Journal" at their website, "projo.com". Check it out!!
By the waq, it should be brEAch of HIPAA. nm
nm
PS to confidentiality breach
I should have said they "had" their confidentiality breached by others. The hospital was very apologetic of this and does not know who did it but called in federal investigators to find the source of the poster on the website.
Priority #1 is breech/breach, which to use? nm
xx
Depends on what kind of hospital? Large urban hospital or small community hospital? SM

Also, is it a large teaching hospital? If so you have to consider there will be A LOT of different residents dictating, usually a lot of ESLs at teaching hospitals, and the residents rotate out and new ones rotate in every summer. So you can't expect to get the same dictators and build up your macros because the dictators change all the time.


I would say 9 cpl would be a pretty good offer for a small to medium community hospital where you will be doing the same dictators on a daily basis.  But for bigger, urban or teaching hospitals I would want at least 12 to 15 cpl. 


Sue him in small claims court for breach of contract
x
all has to do with everyone's right to privacy--sm
and possible identity theft. We are not living *back before politically correct* any long and we need to protect ourselves in ALL areas of our lives, including the privacy of our medical records. Your grandparents' medical records and information are not yours to give away. That is up to them. Perhaps they do not want your child's school knowing all of their information. What if someone at that school happened to know those grandparents, found out about their medical history, and started blabbing it all over the place. This is what medical record privacy is for..to protect those that do not want it divulged to just anyone who asks for it. It may not bother you, but it bothers others, and that should be a protected right. This is just my take on privacy.
Enough with invasion of privacy

Its is all getting so frightening, the invasion by companies into peoples lives.  I have worked at nine hospitals, two trans companies on-site, three trans companies at home and never have I had a background check OR drug screen.  The policy for drug screening at the hospitals was if you seemed like you were under the influence your boss could request a drug screen but never happened to ME or any of my coworkers.  Physical exam, sure I got those when I worked at the hospitals but they paid for the physical exam and they also covered me for insurance.  The trans company I work for now does not provide medical coverage or life insurance coverage for statutory employees, so I dont see why they would be concerned about my health status.  Lets face it, they are concerned with how much we can pound away each day and that is it.  We get paid for what we produce.  So under these circumstances, they dont need to be poking their nose IN my background, my urine or my physical body.  If it is checking on my experience, well they already did that by talking to previous employers and coworkers and guess I passed the test, as I was hired.


I think they are violating your privacy
I'd check it out on the ALCU web site if you don't find anything regarding that there email them and ask about it... or Google in workplace privacy. I think they are way out of line when it is your personal computer and not theirs. If it's theirs they are within their rights
when privacy direct first came out.....sm

it only cost $2/month extra - today I think it costs $19.95 but to me it's worth it because #1 it cuts all telemarketer calls (and I have been on the Do Not Call list since that began) and I can also take my phone charges off my MTSO business at tax time......


call your phone company and ask them if they offer anything like Privacy Director.  *S* 


Privacy question.

I do occasional IC work for a provider that I have known a while now. Today i did some work for her and found something that really bothers me. The physician dictates the patient's full name, street address and home phone number in addition to her DOB. Is that HIPPA compliant? I'm sorry folks but I really don't want my street address and phone number available across the internet even if it is "so called" secure. I would like your thoughts.


Privacy standards?
Who actually do you contact to report a breech of privacy standards in this business?  I probably should know this by now, but I don't. 
No you should not tell. I do believe it is a violation of privacy since you are doing the report.
The guy has to do what he has to do obviously to exist with his sorry self.
The HIPAA Privacy Rule...(sm)

...requires a covered entity to make "reasonable efforts to limit use, disclosure of, and requests for PHI to the minimum necessary to accomplish the intended purpose."  The only AHA-approved HIPAA training program, HIPAA Academy, specifically states in its training materials that HIPAA intends that personal information be limited to document headers unless absolutely required   I will quote page 4-56:


"In practice, we expect the minimum-necessary requirement to lead to compartmentalization of the medical record so that one portion of the record (the body of the report) may be readily disclosed for one purpose without compromising the privacy of the entire record."


By limiting PHI to headers, reports can easily be redacted of personal information; when the PHI is scattered throughout the reports, this information cannot be redacted.


 


HIPAA Privacy Rule
http://www.aafp.org/fpm/20021100/35theh.html
the problem is that this is a violation of privacy
Hope you don't think it is okay to have your family members looking in on your computer while you are working!!
Not to make light of pt privacy, but
I type on a 14 inch laptop screen that I must keep about 2 feet away from my face in order to see it. In the course of seeing my laptop, my less than petite frame obscures probably the middle 50% of the screen. On the screen, there are endless lines of text that would be rather meaningless to the average barrista/customer. The patient demographics are obtained via a link on the toolbar. A 'hotkey' is entered throughout the report where the patient name appears and in the preparing-to-send process, these are all replaced with the patient's name. The hospital I type for is 3000 miles away.

I can see where this might be problematic should someone with better vision than I manage to see around my hulking slumped body and see 25% of the text on the left and 25% of the text on the right and know enough about transcription to be able to fill in those rather large blanks on each line (and that doesn't even take into account that most laptops are made to be viewed head-on; side viewing, viewing from above, etc., distort the picture to make it all but illegible). I suppose this could still be problematic if this eagle-eyed contortionist with an intuitive knowledge of medical terminology and knowledge of random software programs to find that demographic button can psychically detect which hospital of the thousands in the country I am working on and happens to have a relative who lives in that very town ready, willing, and eager to spill the beans about Madame X's bunion. Yes, I can see where this is a danger. I guess I should thank my lucky stars that I have not run into either this fellow or chupicabra at my local coffee house.
It does violate privacy or employment laws.
I've posted about it before because there were MTSOs trashing MTs by name on some of the boards.  My mother is an HR director, so she's told me what companies legally can and can't divulge about employees or former employees.  Companies are not allowed to prevent people from securing employment, or slander/libel them.  Personal opinions cannot cloud the reference.  They can only confirm or deny the accuracy of certain items, such as employment dates, etc.  I think the most judgmental question they can answer is, "Would you rehire this person?"  Yes or no.
Guide for HIPAA PRivacy Rule
Covers for Stedman's books are designed by the graphic artist who works with them.
HIPPA=Health Insurance Privacy and Portability Act
Yes, I saw the ad also and felt it was an insult to offer that line rate for what they wanted from an IC.  I put the definition of what the initials HIPPA mean for your benefit.
Get Steadman's Guid to the HIPAA Privacy Rule
:)
Stedman's Guide to the HIPAA Privacy Rule has one.
nm
It is not a breech of privacy to send unencrpyted email...

the healthcare provider , i.e. the doc, establishes the standards for protecting privacy of records. You (or your service) is the Business Associate who COMPLIES with whatever standards the doctor sets. Some docs send files by email, some want encryption. Hospitals, obviously, generally do more locking down on their stuff, as they are more open to lawsuits. All YOU have to do to be HIPAA compliant is to COMPLY witih the standards the doc sets. It is not up to you to set them. Also what you and everyone else forgets about HIPAA is it is a two part process. Not only does the patient's medical records have to be disclosed BUT the patient must also suffer a loss because of the disclosure. So even if your doc stands out on the street and tells passers-by about Mrs. So and So and her athlete's foot, unless she incurs a loss from that, it's not a HIPAA violation. Remember this whole thing came about because a pharmacy tech went home and told her high school son that another classmate's father was coming in for HIV drugs...get the picture? Something private was disclosed inappropriately and that's how the girl found out her father was HIV positive.


 


Work privacy - discussing one employee in hearing of another
I posted a question on the legal board because it is a legal question about workplace privacy and I thought somebody there might know, but please check it if you know anything about laws or agencies that protect worker privacy. 
Don't think the worker privacy acts cover discussions such as this...
more likely they cover things like credit reports, evaluations, etc. It's rude to discuss in front of others, but not illegal...of course, in the US you can sue for anything.
It is against California Privacy Laws, and the patient can sue from what I read.
They (companies that outsource) are probably lining the pockets of the politicians!
maybe it's just a pure and simple invasion of privacy the poster feels they want to protect.
if you do your job, who cares if poster was released from prison. weren't companies hiring prisoners to do MT anyway and weren't they doing credit card customer service?
OpEd on Medical Records Privacy - Front Page of Yahoo
Thought this was interesting, as it pertains to us. On one hand, it could affect our ability to do our jobs at home. On the other, it could really crack down on medical information being sent to India.

--

http://news.yahoo.com/s/csm/yblevins

By Sue A. Blevins Tue Aug 26, 4:00 AM ET

Washington - How would you feel about your personal health information flowing freely over the Internet between public health officials, healthcare providers, insurance and data clearinghouse companies, and others – without your permission?
ADVERTISEMENT

If this doesn't sound like a good idea, it's time to become informed about federal health privacy law.

Today, when Americans visit a healthcare provider for services (including dental and eye exams), they receive a form with a title such as "Notification of Privacy Rights." Many assume that signing the form guarantees that personal information won't be shared with third parties. But the form offers no such guarantees. And neither does federal law.

In fact, the privacy rule established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) legally permits healthcare providers to share patients' information with more than 600,000 health- and data-related entities – without a patient's consent. Yet the notification form doesn't clearly explain this.

Individuals control their information when they give consent; they don't with notification. When you sign a notification form, all you are doing is acknowledging its receipt. The HIPAA notification form offers no control over who sees your information and instead just tells you about some of the entities that can access your information, rather than asking for your permission.

Consequently, many physicians and other healthcare providers are urging Congress to strengthen privacy rights. They know firsthand that the HIPAA rule fails to ensure true confidentiality.

"...[T]he regulations under [HIPAA], which were intended to extend patient privacy as we moved from a paper-based system of medical records to a digital system, are a sham. HIPAA allows the routine release of personal health information without patient consent or knowledge, and even over a patient's objection…" stresses Dr. Janis G. Chester, president of the American Association of Practicing Psychiatrists.

As the ACLU put it, "HIPAA has so many medical privacy loopholes, it makes Swiss cheese look solid." The organization also points out that under existing federal regulations, the term "privacy" hasn't been well defined. The ACLU is urging Congress to define medical privacy as "patient control of electronic medical records."

Moreover, these organizations and others are lobbying for privacy amendments to key health Internet-technology (HIT) bills currently being considered in Congress.

Lack of privacy has serious consequences. It fosters making personal health information a commodity that businesses sell and trade in the marketplace, notes ACLU. Weak privacy rights also interfere with doctor-patient relationships. When drafting the HIPAA privacy rule, the US Department of Health and Human Services (HHS) noted that "Privacy violations reduce consumers' trust in the healthcare system and institutions that serve them." The ACLU noted recently that at least one third of Americans are not sharing their complete personal medical histories because they feel their privacy will be weakened in the name of efficiency. Additionally, without strong privacy rights, individuals can't take steps to adequately protect themselves from bad, lost, stolen, or misused data.

Meanwhile, more and more personal data is being collected during routine healthcare visits, including information about marital and sexual matters. A married woman (wedded for over 30 years) and mother of two adult children, said she was appalled when asked during a routine visit if she preferred men or women. She stressed that while she "has nothing to hide," she doesn't think it's anyone's business what her sexual preference is or when her first sexual encounter was (which is often asked during exams).

What's more, it is becoming easier to share healthcare information with just a click of a mouse. As HHS has noted, "Until recently, health information was recorded and maintained on paper and stored in the offices of community-based physicians, nurses, hospitals, and other healthcare professionals and institutions.... Today, however, more and more health care providers, plans, and others are utilizing electronic means of storing and transmitting health information…. In a matter of seconds, a person's most profoundly private information can be shared with hundreds, thousands, even millions of individuals and organizations at a time."

Do Americans really want the intimate details of their lives and families shared so easily without their consent? If not, they need to urge Congress to establish stronger privacy rights. Tinkering with HIPAA won't do it. That would just keep a lot of people busy rewriting regulations that don't guarantee privacy. Rather, Congress needs to pass a new law that defines "privacy" and upholds the precious ethic of consent. The new law should guarantee individuals' freedom to decide whether to be part of electronic medical-record and genetic databases for years to come.

• Sue A. Blevins is president of the Institute for Health Freedom in Washington.
Who designed the cover for Guide to HIPAA Privacy Rule published by Stedman's?

nm


Hospital. I wish I'd never left my hospital job.
They'll only take me back if I start off working nights and weekends again at the bottom of the totem pole.
If you work for a hospital - how come no one from the hospital
called you?? Were they in the dark, as well?? How sad, that no one in your hospital communicates with the at home staff.
hospital MT
Call the hospital.  You can offer a better deal to them.  Most MTSOs charge the hospitals a lot more than what they pay out for the actual work done.  I work for a hospital.  I asked for a raise after 10 years, they baulked, started looking at outsourcing.  They changed their mind really quick when they found out how much they would charge them.  (four times what they paid me).
Hey, if you don't want that hospital job can I
have it? Just kidding (only because it's probably not where I live in central Florida). Started working at home for the kids over 10 years ago, but they are all grown now and I realize I don't know anyone because I hardly ever leave the house!!
hospital job
My situation too. Son out of the house now. Still know all the people at the hospital as I worked there for 10+ years and still do side typing for one of the units there that were not taken over when they outsourced!   So seriously considering it....Sorry, its in PA!
I think they did that to us at the hospital

but no O/T.  But you could get on there and do BONUS MINUTES at 6/cents a line all you wanted.


I always felt like that should have been illegal.  If I'm working, then I'm working.  If I'm an hourly employee - then anytime I'm working!!!!! I should be an employee and thus paid HOURLY WAGES.  But they got away with it.  Sort of a hybrid deal.


They screw us any way they can.


  (good little screws all in a row)


 (Medical Records Supervisor yucking it up drinking coffee, practicing snapping her whip)


(Me at the end of the day saying WHY AM I HERE?????)


Hospital pay
I make about $15 per hour at my hospital job in Washington state and have recently quit that to work out of my home. However, I have not yet found any home job that even comes close to that when being paid based on lines.
hospital pay
i make 21/h. living in the hawaiians islands, thats actually pretty good
hospital pay
my main job is at the hospital and i would never leave it especially with all the benefits and good pay. ic has its benefits when it comes to tax time, but as far as job security and being a single mom, i choose to stay at a guaranteed $20/h. too many people are unhappy with the problems of security in this line of work and i dont want that to happen to me.
Hospital pay
Out here in Oregon, all hospitals pay from 14 to 19 plus benefits.  Am considering going with Kaiser after the first of the year and having my I/C's run my business.  Have one doctor retiring after the first and deciding whether to do all my own accounts and make $40K doing 30 hours per week without benefitis enjoying life and not saving much or going with Kaiser at 18.50 per hour with benefits and having the I/C's doing 80% of my work and I will type parttime on the weekends.  Have only 10 more years to work.   Have been offered work at Kaiser, Providence and Good Samaritan Hospitals so the work is out there. 
Hospital pay

At least with the hospitals out here in the west, they always have posted salary ranges and you can usually always exept with decent experience to start in the middle somewhere and reach the top in 5 years.  Worked in HR in a large hospital for a bit.  They always post the salary ranges here with positions and with that you go in with a bit of knowledge.   I never did see one start at the top though.  Good luck. 


 


Hospital job
Let us know how things go.  I would fear that they see MT as just "typing" and would give you so many secretary duties that the MT part would be pushed to the back burner. 
TAKE THE HOSPITAL JOB - sm
national services lose accounts all the time whether it is nonrenewal of contract or fired, or whatever, your pay is never the same from week to week with a service, you may have extra transcriptionists on your account all of a sudden, work load varies, etc.

With the hospital work, you know your doctors, you have guaranteed hours and work and even down time (some services don't offer that), overtime, benefits, etc. Some hospitals even offer reimbursement on college courses - CAN AN MTSO SERVICE OFFER THAT?? Some hospitals have family leave time for 12 weeks of maternity!! Can an MTSO service offer that?

Take the hospital job!
Take the hospital job...
Those are only real "for sure" MT jobs out there anymore.   I worked for years for a service but since  I took my at-home hospital job, I feel like somebody for the first time in the eyes of my employer.  We are all local, so we have staff meetings and come into the department for different things, yearly reviews, parties, etc.  We're all in touch via e-mail  and know each other face-to-face too. I get paid by the house, have a set schedule, and can earn incentive pay too.  I have paid holidays, benefits, and am a hospital employee except work at home.  I love it, would never EVER go back to clawing for lines at a service who barely knows my name.
Hospital Job
One thing you have to be careful of -- are there witches in that hospital who will send you the "worst" work or not send it at all and keep it for themselves? Be sure - I know one hospital who "punishes" the work at homes because they're afraid their dept. will be outsourced completely. Be careful who you deal with. Don't like MTSO's so I started my own, but family sickness and my own illness forced me to retire (temporarily, I hope). When offered work at home from a hospital, I had to say no and glad I did, another person said yes and just sits there waiting, and waiting, while the in-house people make the bucks and if they do send, it's all stuff they don't want to do. Be careful and good luck!!
HOSPITAL JOB ALL THE WAY!!! the Way (sm)

That's good pay and bennies to boot!!! I would die for that.


I worked for a hospital as an IC for many years at home. That's the only way the hospital bigwigs would allow it, not employee status.  Never ran out of work except in the first few weeks in a new year. Never had "just the junk" as some suggested. I did the same work as everyone else. I tried to get my employee status back (which I was once) but no luck. I was at home. Some rule about that, but I was happy.


I'd go back to my hospital in a flash. My buddies want me back. The boss wants me back. For some reason, they still won't give me employee status. That sucks. ('scuse my French).


Don't even THINK about what to do, DO IT. You'll never be sorry.


 


Hospital

I work full-time from home for a local hospital and am paid per hour.  I also work an IC on a part-time basis.  I would say if you need the benefits and steady paycheck and can handle working possibly rotating weekends and holidays, yes.  The only good thing with working with some nationals is having the flexibility with your schedule but you will NOT make a steady income.  You will constantly run of out work, loose money and find yourself clocking in and out all day long just to make 8 hours.  With a hospital, you know that the work will be there everyday and if you have downtime, you will still get paid.  Also, having that security in knowing that you can speak to management face to face or over the phone. Go for the hospital, because I know a lot of MTs wished they could have that opportunity.  Go luck to you!!!


hospital
security, benefits,local, communication, "real people" versus "phone people"
take less money and have these advantages, the days of making a lot by working on production are over
Good Luck!
Thank you both, will look into it and ask at the hospital too.
//
hospital IC
I contract with a local hospital.  I worked there for a little less than 2 years and as I had a sickly child and wanted to be closer to home, we agreed to my working at home as an IC.  My hours are pretty flexible although if I do not work I do not get paid.  And they do have someone as a back up for me when I am unable to work.  Still, I would not want to go back to work 8-5 at the hospital.  This has allowed me to be there for my children's activities and be home when they are sick.
new hospital......
The MTSO I work for does basically the same thing. Except they don't pay us by the hour, by production. Just about any place you work will do this.

As long as you work your assigned hours, it should not be a problem. Turn off the phone or let it go to voice mail (if it's family call back on break). Just work as if you were in an office, and there will be no problems. Don't try to do your laundry and cook dinner while you're working - it will kill your line count.

If you are getting an hourly wage plus incentive and hospital benefits, you are at the top of the heap - if you quit, let me know where you are and I will relocate and take the job!