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Serving Over 20,000 US Medical Transcriptionists

Confidentiality Agreement

Posted By: Laverne on 2009-06-06
In Reply to:

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.


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Confidentiality Agreement
There was an Agreement of Confidentialty that was posted on 05/20/09 by DeeAnn. that was really good. Hope this helps.
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.
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
What about EMR and confidentiality? sm
Have a bad neighbor who is a CNA (the worst-behaved person, drinks, yells, swears all day) and she now has access to medical records at a hospital. Someone was in the hospital anonymously but she proudly announced she "found" them and what was wrong with them, etc. How are we going to prevent people working in hospitals or nursing homes, etc., from accessing ours or our loved ones medical records? I see one heck of a mess here! My doc went EMR and now I am very careful what I say to him, some things I should tell him, I do not because I don't want it read by the whole neighborhood. What's your opinion on this?
Ever hear of confidentiality? 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.
security, confidentiality, etc...
I also have a home computer and all the same programs on a laptop to use when I travel. It's no different than my home computer. When I type at home, I am typing in my living room with my husband and son moving all around me. (We're remodeling right now.) They respect that what I am typing is no one's business and they have never even offered to look or ask what's going on. Furthermore, this is a family computer, not provided by work. They are on the computer quite alot when I'm not. The program in which I transcribe is password protected and the information on patients is not stored locally, but on a server 1000 miles from here. That's about as secure as you can get. Then, that is not to mention that I have a wireless network here at home, as well as when I travel. With a password and a good firewall, security is just not an issue. Also, see the post from Just Me a few down, about networks. She is correct. (I also have worked in IT for many years.) Hotels ARE secure networks with original passwords. The last one I worked in had to give me a new password daily. Working at McDonald's or an Internet Cafe is what wouldn't be safe.

As for the laptop... like I said for my main job, no patient information is stored on my hard drive, but at a server away from me. I have a local account also, and once I do the work and send it in, it is deleted. I personally don't see the concern. There's not any point when I'm traveling that I have patient data stored on the laptop. The only way anyone could get patient information off of it is if they bust in the door while I'm working and jerk it from me mid-note.
Patient confidentiality
I remember when I first started out in MT in a hospital part of medical records confidentiality agreement was that we only had access to records on an as needed basis and were not to be talking to anyone about the things we transcribed even if it was a relative, family member, etc. That was gee now close to 10 years ago.

I know like others on the board, it would be nice to know what EMR will mean for all of us. If we are to be out of jobs, I would sure like to know now so that I can start planning financially. Also, as I have been searching for more information on implementation of EMRs, the more I get concerned myself about my personal information possibly being spread. Given my still rather young age of 31 and having no medical conditions requiring medical attention/medication, it really makes me wonder if I may want to look more into alternative medical care or a private physician who has alternative medicine in addition to medicine as we currently know it.
I have never signed a confidentiality notice that says
I can't mention what account I type on - I know they always say not to contact that place or try to get a job with them, etc., and I don't see the big deal either. I can't see why a company would care if someone knows what hospital you type for. I guess some places are just different, but seeing as how I assume she hasn't signed anything since she just accepted the job, I really don't see how they could not hire her because she mentioned that, not knowing that they didn't want her to. That's just my opinion though.
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!!
Absolutely Not. That is against HIPAA and will cause confidentiality breaches, nm
x
The buck stops with you (all of us). What confidentiality means is

that you/me, the MT, do not discuss the name and contents of a report with anyone outside the immediate realm of responsibility and only within a professional context. 


If you feel really uncomfortable with doing it and have the option of sending it back for someone else to do, that acceptable but not entirely necessary.


If you *have* to do a report on someone you know, do it, and put it out of your mind.  If you see that person, you cannot discuss anything about it with them, even if they ask.  The onus is upon us to keep.our.mouths.shut.  That is all that confidentiality entails.


 


Email and IP Address Confidentiality -- ALL READ

It is important that each reader and poster understand the safety of their information on MTStars:


 Email Addresses


Email addresses should never be typed into a post in any way.  The email address you validate to have posting privileges is never given or sold to any individual, group, company or association. 


You may receive emails to that address from others using the Reply By Email option on one of your posts.  If you receive an email through the MTStars board, it will provide the URL to the post it is referencing.  Your email address is still not exposed at this point.  The person sending an email does not see your email address but has simply filled in an online form to send you the email.  If you choose to reply to the email sent to you, then you have actively chosen to expose your email address to the person emailing you. 


MTStars does not recommend that you respond to any unsolicited email unless you are certain of the validity of the sender.  Anyone can send you an email through the Reply By Email option on any post you make.  It will go to the email address you used to validate that post.


IP Addresses


Your IP address is private and confidential.  It is never given or sold to any individual, group, company or association. 


Depending on the email agent you use, if you respond to an email sent to you (or if you send an email to someone outside of the MTStars board at any time), your IP address may be traceable through your email. 


Can companies or individuals find out your identity? 


Yes.  Not through exposure of your information (email or IP address) but through recognizing situations you describe or other information provided by you when you post.  It is deductive reasoning.  If YOU provide enough information, you may be effectively “signing” your post.  This is true on any board, whether open publicly or not.  Even private boards cannot guarantee who their membership really is. 


Do companies and associations read MTStars?


Yes.  Anyone can read MTStars.  Information posted is searchable on the Internet.  Even a private board can be read by anyone who registers as a member. 


Making claims that MTStars provides, gives, exposes or sells your email address or IP address is a libelous claim and will not be tolerated. 


If you have any questions, please contact the Administrator or Moderator directly.


IMO, you violated a patient's confidentiality by even posting about this - that you transcribed t
I know you didn't give any personal info, but even mentioning this in a public forum on the "world wide web"  - I don't know, I would consider that a violation of medical record confidentiality.  I know some may post a sentence or a blooper or something, but this is probably something I would have kept to myself... I am sure you thought what an interesting coincidence when you show the show, but my opinion is you should have kept it to yourself, and if I was the transcription supervisor at your hospital and I found out you had posted on this.... well I would think that would be reason for discipline.  No offense meant, just my opinion. 
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. 
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
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).

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.
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.
In total agreement, Chris and ManDIVA rule, Taylor

Does this mean you don't have a business associate contract/agreement in place with your doctors
nm
STAPLES is now carrying Dell PCs, laptops, exclusive retail agreement. nm
Paradox