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Serving Over 20,000 US Medical Transcriptionists

Work privacy - discussing one employee in hearing of another

Posted By: Work privacy on 2006-08-23
In Reply to:

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. 


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He is employee or IC? If he is IC, the work begins sm
when he gets to the location site. Could he choose to take his own vehicle but then it would be his gas too. I think you should let your son be grown up and butt out. If he is old enough for a job, he is old enough to decide and handle his own situations. Don't know of any construction, manual labor jobs that pay travel time. it comes with the business. how many jobs do you know that you can "clock in" before you reach your destination?
i work split, employee. nm
;
If you are EMPLOYEE, you work for MTSO. If
x
Exactly what my work at home employee
x
Funny we should be discussing this...
12 Tips for Making Small Talk
CareerBuilder.com
A study at the Stanford University School of Business tracked a group of MBAs 10 years after they graduated. The result? Grade point averages had no bearing on their success -- but their ability to converse with others did.

Being able to connect with others through small talk can lead to big things, according to Debra Fine, author of 'The Fine Art of Small Talk.' A former engineer, Fine recalls being so uncomfortable at networking events that she would hide in the restroom. Now a professional speaker, Fine says the ability to connect with people through small talk is an acquired skill.

Fine and her fellow authorities on schmoozing offer the following tips for starting -- and ending -- conversations:

1. As you prepare for a function, come up with three things to talk about as well as four generic questions that will get others talking. If you've met the host before, try to remember things about her, such as her passion for a sport or a charity you're both involved in.

2. Be the first to say "hello." If you're not sure the other person will remember you, offer your name to ease the pressure. For example, "Charles Bartlett? Lynn Schmidt... good to see you again." Smile first and always shake hands when you meet someone.

3. Take your time during introductions. Make an extra effort to remember names and use them frequently.

4. Get the other person talking by leading with a common ground statement regarding the event or location and then asking a related open-ended question. For example, "Attendance looks higher than last year, how long have you been coming to these conventions?" You can also ask them about their trip in or how they know the host.

5. Stay focused on your conversational partner by actively listening and giving feedback. Maintain eye contact. Never glance around the room while they are talking to you.

6. Listen more than you talk.

7. Have something interesting to contribute. Keeping abreast of current events and culture will provide you with great conversation builders, leading with "What do you think of...?" Have you heard...?" What is your take on...?" Stay away from negative or controversial topics, and refrain from long-winded stories or giving a lot of detail in casual conversation.

8. If there are people you especially want to meet, one of the best ways to approach them is to be introduced by someone they respect. Ask a mutual friend to do the honors.

9. If someone hands you a business card, accept it as a gift. Hold it in both hands and take a moment to read what is written on it. When you're done, put it away in a shirt pocket, purse or wallet to show it is valued.

10. Watch your body language. People who look ill at ease make others uncomfortable. Act confident and comfortable, even when you're not.

11. Before entering into a conversation that's already in progress, observe and listen. You don't want to squash the dynamics with an unsuited or ill-timed remark.

12. Have a few exit lines ready, so that you can both gracefully move on. For example, "I need to check in with a client over there," "I skipped lunch today, so I need to visit the buffet," or you can offer to refresh their drink.

When should you exit a conversation? According to Susan RoAne, author and speaker known as the "Mingling Maven," your objective in all encounters should be to make a good impression and leave people wanting more. To do that, she advises: "Be bright. Be brief. Be gone."


Debra Fine is an author, speaker and founder of The Fine Art of Small Talk, a company focused on teaching professionals conversational skills for use at networking events, conventions and clients. For more information about Debra and her work, visit www.debrafine.com.

Susan RoAne, is the nation's most widely published networking expert. Her books include 'How to Work a Room;' 'The Secrets of Savvy Networking;' 'What Do I Say Next?' and 'How to Create Your Own Luck.' To learn more about the art of Susan and get more pointers on schmoozing, go to www.susanroane.com.
Copyright 2005 CareerBuilder.com. All rights reserved. The information contained in this article may not be published, broadcast or otherwise distributed without prior written authority.


Envision this - you are employee w/no work. That's what's ahead

You are allowed to once a year change to "Employee" status.


You are right to be looking sideways at that letter.  And yes it only specifically talk to PT and FT employees.


They don't put in writing so far anywhere that they offer SE.  I sure haven't seen it. 


So does that mean you again work without a contract if you do SE for them?


I don't understand why they have to be so slippery about everything and frankly I think it puts a horrible aroma on their whole being.  If they think it looks good to clients or potential employees they need to fire their PR company who came up with this approach.


If I were you I'd have another place to go real soon because reading what we can expect from them doesn't look all that appetizing.


I thought we were discussing companies in
x
Do any of you work a split shift? Are you employee status or IC? Thanks!-nm

I have my own accounts and I work as an employee, but we are not talking about BEING an MTSO, we are

the MTSO's offer.  If you are a well-trained, knowledgeable medical Transcriptionist with experience and you are looking for an IC job or an employee position with an MTSO, then you are worth more than 8 or 9 cpl.  If all you do is sit and transcribe all day long, you are worth more than 8 or 9 cpl. 


I really don't know what you're getting at.  Not everyone has the capabilities, time, or money to start their own service.  Not everyone is good at pounding the pavement and finding their own accounts.  I'm not a salesperson to say the least.  I lucked into my own personal accounts and if I hadn't, I'd be working for one of the MTSOs, but I'm not.  My full-time employee status job is with a hospital for the benefits only and it pays hourly with incentive.  Right now, that's the only employee status job worth taking is through an actual hospital, NOT an MTSO.  At least at the hospital, you get a decent wage and get great benefits.  Oh, there are a few good MTSOs out there, but they are very few and far between.


Are we discussing talent or political persuasion?

In my unbiased opinion, I say Babs has a better singing voice.  I also think she's a good actress.  I think Celine is wonderful, as well; I just think Streisand's voice is stronger and a little better.


 


"Downtime" is a very important issue to be discussing. (see msg)
Downtime/system issues beyond your control definitely should be discussed.

Home-based employees are responsible for making up downtime due to increment weather/home power outages and out-of-order phone service. But, will you be compensated (via base rate pay) for the downtime created by SYSTEM issues/IS issues beyond your control?

Will you be required to return in-house to work on a periodic basis?

Flexible scheduling?

All benefits should continue.

Who will be coordinating the dictation for remote employees? Will the QA process remain the same?

Research "Homeworkers Law," which mentions compensation for short preparation time prior to beginning work and ending of shift, travel, time sheet, etc.

A contract will probably be forthcoming; read it carefully!

Do not be afraid to ask if future outsourcing of the entire department is part of this new plan. If so, consider becoming an independent contractor or small MTSO -- this could be your client/account.

Wishing you the very best!!!







If employee, work the scheduled shift and complete the 8 hours. nm
x
Are you IC or employee? Any IC work I've done, they encourage surpassing lines...
If you're an IC, I honestly don't think it matters to the MTSO which MT is putting out the lines, as long as TAT is met and the quality is there to back it up. I've cranked out 2500 lines per day with a commitment of 1400 per day and the extra effort was commended.

If you're an employee, however, and other employees who perhaps aren't as fast are complaining that you're 'hogging' all the work because of your speed, that could be another story. I've been in that situation but had a supervisor who staunchly defended me and said it wasn't exactly 'hogging' the work just because I was twice as fast as the other MTs, so the complaints ceased.

I'm sorry I didn’t make myself clear. As an employee I can only work 40 hours per week (sm)
Overtime has to be approved by manager. I have always been an SE and could work as many hours as I wanted to, such as when I had a day of bad dictators I could work until I got my daily line count. Just wondering if all states had this law. I am working in CA.
Lighten up! I don't see anything wrong with discussing "the Zachary segment" sm
I am a huge AI fan and plan my whole day around the show. Thank Goodness it only comes on twice a week!
Not *discussing* your line rate is a bunch of baloney....encouraged by employers....
They don't want us all to know what each other makes so they can keep paying as low and unfairly as possible.

How is the WORLD can letting someone know your line rate hurt you or anyone? It doesn't--only benefits employers.
Not *discussing* your line rate is a bunch of baloney....encouraged by employers....
They don't want us all to know what each other makes so they can keep paying as low and unfairly as possible.

How is the WORLD can letting someone know your line rate hurt you or anyone? It doesn't--only benefits employers.
I remember in Weekly Reader the article discussing "pay TV" and how we didn't see that anyb

would ever pay money to watch TV. I always thought it would be in a coin box on top of the TV set. I couldn't imagine having enough money to do that.


Weekly Reader also predicted that one day we'd go to the store and pay with a card instead of money, that our money would be "virtual" and stay in the bank.


That was about 1960. It was actually a pretty close prediction.


Excuse me but federal taxes are paid as employee by employee
The ONLY difference in IC is you pay the ENTIRE amount of the SS which is the 15.25%, as an employee you only pay 7.75%.  And you can easily make up that difference in deductions.  As an employee you just have someone else manage your withholdings and as an IC you do it yourself.  I have much more usable income being an IC and not an employee and I am strict about putting aside what I need to.  But everyone always says you have to pay your own taxes, well your employer does not PAY them for you -- except 7.75% of SS, they merely withhold it for you.  As an IC you are the employer. 
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.
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.


 


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!
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.


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


You an IC, statutory employee or employee?
That designation, and/or forcing the IRS to designate you, can make a diff. Are you a corporation? Partnership? You need WAY more help than we can give you.
If you are employee, unless suit against your employee
otherwise the posts on here as far as I can see telling it like it is. I think a lot of the posts are so young they just don’t have a clue as to what it means to be an employee. You do as your employee wants (I am talking reason now, not stupidity as far as sexual advances, etc) or else you find another company that fits your personality better. You do not confront, you do not tell your employee no, that is their job, not yours. This is such a simple thing for people who have been in the work force for any period of time.
HEARING
I have noticed a hearing change.  But it is weird as my hearing is better in my right ear where I listen to the dictation.  It is my LEFT ear that isn't so good anymore.  I guess old age is catching up with me; unfortunately, in many ways, not just one !!
hearing
the latest buzz about hearing and earphones was more related to ear buds that fit in your ear, which puts it much closer to your tympanic membranes.
hearing
Have a hearing problem, anyone know if or where I can get a headset specifically for hearing deficit.
you should be hearing from them again soon.
nm
hearing
Get your ears checked. Mine accumulate ear wax regularly and there is a huge difference when the wax is removed. Good luck!
Losing hearing
Does anybody else feel that over time their hearing has deteriorated due to the constant noise from wearing headphones?