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Serving Over 20,000 US Medical Transcriptionists

It does violate privacy or employment laws.

Posted By: as far as I know.... on 2005-07-09
In Reply to: I've had similar concerns - Mag

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.


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    why would that violate laws? I would say you could do it -
    nm
    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!
    I think all state labor laws are pretty much in line with the federal laws as far as PTO SM

    among other things.  Basically, federal law states that an employer is not required to offer paid time off or paid holidays.  An employer doesn't have to pay you for time not worked.  It states quite clearly that PTO is an agreement between the employer and employee upon hire.  So, if you have an agreement with your employer stating you accrue PTO and get certain Holidays off with pay, then upon termination or resignation, you are entitled to any unused time you have accrued.  However, since not mandated by any state or federal laws, if an employer refuses to pay you for any unused PTO, you will have to take legal action, likely in small claims court.  You will probably eventually win, but you have to decide is it worth all the trouble and legal fees?


    When you actually get right down to it, labor laws really don't do much for the working class.  We are not guaranteed anything except minimum wage and a safe work environment.


    Not saying that it would violate anything
    I can't think of a reason why this would violate any HIPAA law, unless someone were within earshot and I was to say the patient's name out loud, but that won't happen.....
    A DB does not violate HIPAA

    Contrary to what you may have heard, the HIPAA regulations of 2003 address the medical transcription field only in passing. There is no extended discussion of the transcription field. On reading the entire thing, the (few) mentions of medical transcription appear almost as after-thoughts.


    What those regulations state concerning medical transcription is that the Transcriptionist (or the MTSO) must take reasonable care (their terminology) in safeguarding the confidentiality of the records.


    This has been interpreted by the leaders in the medical transcription field to mean:


    1) The MT's computer is safeguarded so that unauthorized persons don't have access to her files.
    2) Any electronic communication of those records is done in a secure fashion.


    Now, I am fully aware that some MTSOs do not allow the completed report to remain on the MTs computer. That is their right. But to hear them state that such is a requirement of HIPAA is wrong. It is not. It is a requirement of THEIR implementation of HIPAA, not a requirement of HIPAA.


    For an MT to have a database of the patients she transcribes is completely within HIPAA. However, she must ensure that others do not have access to her computer / files. That is HIPAA.


    Merrry Christmas,


    Vann Joe


    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.
    Guide for HIPAA PRivacy Rule
    Covers for Stedman's books are designed by the graphic artist who works with them.
    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.
    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.
    Hospital fined for breach of octuplet mom's privacy

    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.


    MT employment
    I would be interested in getting into any kind of MT employment.
    Employment
    Hi Cheryl - Can you email me at deb@medicaldictation.com?

    IRS says I owe $$$ for self-employment tax (sm)

    I just received a letter from the IRS saying I owe over $7000 for 2003.  It looks like they say I owe self-employment taxes for that year.  I was an SE that year and employed by a national.  Is this a mistake?  Has anyone else had this problem?  I'll call or go to an office tomorrow.  I'll be up all night working anyhow, but heck knows what I'll be typing while I contemplate this...


     


    Again SE do not owe self employment tax. nm
    :
    That is what self-employment tax is for - sm
    as stated below you fill out a schedule C and a SE when doing taxes; this takes care of your FICA (SS) and Medicare payments.
    Self-employment

    Just wait and see what happens.  Don't panic yet.  It is not worth it financially, but worth it for the flexibility.  I just gave up 10 years of being self-employed and flexible to go inhouse for a sure job.


     


     


    Self-Employment Taxes are different, hun.
    If you're getting a paystub, you're not self-employed so I don't know what you're talking about. Small business is taxed heavily in California.
    employment opportunities
    Have you thought about getting into medical record coding? I have a friend who went back to school at age 59 and is now coding and she had no medical experience at all -had worked for Nokia and Motorola for years and got tired of the layoffs - she loves it other than getting the overseas dictation to decifer - but that would be easier for you as an experienced transcriptionist. It's just a thought - but you would probably breeze through the course or might could find a hospital that would train you doing ER coding.
    self-employment taxes
    Can anyone tell me how much I need to pay for self-employment tax? I'm thinking about taking a position as an IC and I don't know what percentage needs to be taken out for taxes. Please me tell what ya'll are doing. Thanks!
    SELF-EMPLOYMENT FANTASY

    Am I living in a dream world thinking that I can actually find clients that will allow me to establish the rules by which I will run MY business?  Or, does being successfully self-employed in this industry mean that I must allow the clients to walk all over me?  I am flexible to a degree, but just want to be able to set limits while still being able to make a living.  Maybe I should find some other industry?


    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.
    http://www.oracleti.com/employment.htm
    x
    It depends on employment status.
    When I was an employee at the hospital, they paid for my phone lines.  As an IC, I pay for my phone lines.  I've only worked for one company that required me to dial into their system using my phone line, and that didn't work out due to constant phone calls bouncing me off their system.  Now I just have one phone line and DSL, so I won't work for a company that wants me to dial in to a Lanier.
    TN doesn't have State self-employment tax?
    I'm moving!! :)
    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?
    Employment after home study
    Does anyone know who will hire a Transcriptionist who has studied at home? Also, will they hire you if you have not been employed as a transcriptionist outside your home? (I have a little hospital experience but years ago).
    Court Reporting Employment
    How do you get into this field of work?
    the self-employment tax IS the 1/2 of your social security...
    "On top of the self-employment tax, etc., you don't get the benefit of your company paying 1/2 of your social security so that is where most of your money at tax time goes to. "  please don't post if you don't know what you're talking about.
    Your $7182 only cost you $538 in self employment tax...sm
    you seem to be missing the fact that there is always 15% paid on your income taxes, 7.5% from your employer and 7.5% from you. When you are self employed, you only pay an additional 7.5% (because you are the employer). You pay the other stuff anyway. No way around it. Death and taxes, ya know.
    Has anyone had problems with getting responses for other employment?

    Your taxes do not pay employment insurance.
    You don't have a right just because you want it.

    If your unemployment is govt-subsidized in anyway, remember you're riding on my tax dollars too and I say no way!

    An experienced MT in your employment is worth

    Sorry, but that needed to be said again - for all you MTSO's out there reading these boards, who think it's good business to keep losing top-notch MTs due to dismal pay rates, and simply replacing them with less-experienced (or worse, OFFSHORE) workers, here's a news flash:  


    A seasoned MT in your employ is a money-maker for you, and they should be paid closer to 15-18 cpl to START... not the lousy 7-8 cpl peanuts you're so callously throwing at them. The people who are sending you dictation are for the most part huge, wealthy establishments that can afford to pay a premium price for the premium quality transcription and "I-want-it-yesterday" turnaround-time they're demanding from you.


    So please grow a spine, and charge them for what you're MT service is really WORTH.  Don't sell yourselves (and ultimately your MTs) short by always having to bring in the lowest bid for an account.  You might just see more high-quality accounts, and less of the *garbage*.   And then, try paying your MTs who are lining your pockets with money a fair wage with decent benefits, and see how many more of them will stick with you instead of constantly changing jobs in search of one that pays.  Not only would it be the right thing to do morally, but it would be a better for business in the long-run.   


     


    Would you wait until your first year of employment is up
    to discuss wage increase or would you just get right to it now and not wait til a year is gone by?
    question about pre-employment tests

    I'm a long-time IC, but new to applying to jobs from a forum like this and am hitting the employment trail! I've applied to jobs that I see on the Job Seekers forum just by submitting my resume on the board. When I visit their own websites, they often have pre-employment tests too. Do I go ahead and take these tests or am I supposed to be "invited" to test for them, like I hear people talking about on these forums? I don't want to take the test if I'm not supposed to yet, but I figure if it's on their main website it must not be private.


    Any advice for this new job hunter? Thanks.


    I've used TurboTax for self-employment
    and never had any troubles at all. I've used them for about 4-5 years now.