Help! Need advice. Trying to get my own MT accts in CA. What paperwork/contracts needed??

Hi, I'm trying to start my own small local MT business, and I'm just wondering if anyone knows what contracts/HIPAA paperwork should be signed between Drs. and myself.  I'm clueless on where to begin!

Thnx,

Rachel

• Help! Need advice. Trying to get my own MT accts in CA. What paperwork/contracts needed?? - Rachel Green
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 I was offered a home-based MT job as a direct employee of the hospital with an extremely good per-line-rate.   But yes, it was too good to be true!  Apparently on further consideration, the administrator now says it is too costly (technically) for home set-up; mentioned something about the Lanier DVI desktop and how costly etc. etc.  and some other MT has the license (?what's that about?); also mentioned "Cquence" transcription software program.   They already have 5 other off-site MTs.   Anybody out there with opinions and/or constructive advice...please.  

I am an IC MT.  My MTSO continually loses files that I have already sent her.  I am paid only for what I type per line, not doing secretarial work.  Just today she said that she needed me to resend EVERYTHING I have done for her since October 15.  That's going in, in separate emails so I don't crash her computer, and sending separate emails with each day's work.  I just spent over an hour doing this.

Saying anything will get her irate, because she doesn't understand the concept of IC versus employee paid by the hour. But does anyone have a good sample email for how I would basically say, "I spent an hour on this.  I bill out at $25 an hour, so further resending of previously sent work will be billed at this rate."

That will probably get me fired.  Any better way to put it?

Thank you for posting this and thanks to all for your words of encouragement. I thought about giving up also but I paid too much money for my course to give up.

It was good to read that others failed before they succeeded.

Thanks again.

Pam

This is, I know, an old and overdone question BUT...Please, please other than coffee, protein, water, energy drinks, herbs, and Provigil, please does anybody have a way in which I can stay awake in between 10 p.m. and 1 a.m. during my shift? My shift is second oddly going into third.  I am fine when I do third shift going into overnight and early morning.  But, it is absolutely the worst struggle between 10 p.m. and 1 a.m.  I would gladly give my highest paycheck to the person who can help me stay awake at that time. That is if I could LOL. Appreciating your replies.

Problems on this job have me seriously considering making a move if there's no improvement soon.  Last night I started to polish up a resume, and realized I'm not sure what to do with references.  I am not ready to tell my current employer that I am investigating my options, and I would rather not have them called for references until I'm in discussion with a company that looks like a good fit for me.

So what to do on the resume?  "Available upon request"?  I have a number of reference letters from when I was an IC that I can attach, if I really need to have references on the resume itself.  Do you think many companies actually followup on references before they interview?  Any thoughts/experience are appreciated!

My friend and her boyfriend of 5 years recently obtained custody of the boyfriend's now 7-year old daughter.   You talk about a handful of trouble, that's exactly what has been packaged into this mini sized monster child.

Bear with me because this will be quite lengthy.  I  will call the girl by her nickname, Tater.

Tater was 5 when my friend (S) and her boyfriend (D) started with the custody proceedings.  Every time Tater would come for visitations, she was full of these wild stories that were quite alarming to S and D.  She would come and tell them how her mom walks around the house naked all the time with all of these different boyfriends, how one of those boyfriends held a pillow over her (Tater) face one time, and how Tater and her baby brother were often left alone for hours at a time and sometimes overnight while her mom was out "getting drunk" with her boyfriends.

Naturally, S and D were really upset by these stories and so they got an attorney and really pushed for custody.  They got custody in March 2005 and their life has been a living hell since she has come to live with them. 

Less than a day or so after she moved in, she started telling them how one of her mom's boyfriends "did things to her" so S and D were once again in an emotional fit because they thought someone had molested Tater.   They called a psychologist and the police.  Had her evaluated, everything.  Even had Tater talk to a detective that works child abuse cases.  His findings and the psychologist's findings were the same.  She had not been abused and, in fact, had a severe problem with delineating fact from fantasy. 

Tater now sees the psychologist once per week.  The goal of the treatment was originally to get Tater to understand the difference between telling stories and the truth, along with dealing with the fact that her mother now has absolutely no contact with her.  It's been rough for S and D as well as Tater. 

Things went well for a short time, then school started 3 weeks ago.  Since starting school, S and D have been called to the school numerous times because Tater has either said that she couldn't do her homework because her daddy was "all drunk", that when S dropped her off at school she was "drinking wine from a bottle in the car" (it was green tea in a glass bottle,) and that they don't allow her to talk to her mother, which is not true. Her mother has supervised visitation but chooses to opt out. 

She has told her aunt and uncle that S killed her cat on purpose when it was actually her aunt who accidentally ran over the cat but Tater didn't know that.  She told one of the neighbors that her mommy had her (Tater) picture taken once and was in a naughty magazine because her mom got money for it and Tater would get it when she was old enough.  OMG yet?  Yeah!  This kid is something else.

She also made a little boy cry in class by rudely saying how he was so stupid and slow during outloud reading time.

S and D have tried all of the things the psychologist have recommended, taking her toys, taking her TV, radio, making her write apologies and hand deliver them, and sit directly behind the bus driver (for even more trouble on the bus.)

She also missed the bus home purposely last week because she was going to go to a friend's house.  Her grandmother had to come all the way into town (they live about 10 miles out) to get her.   When D and S questioned her about what she was doing, she screamed at them that it was "HER LIFE" and she could do what she wanted if she felt like it.  Remember folks, this kid turned 7 last month!

Now, a few minutes ago, S called me in tears.  She got another call from the school because Tater had told some of the boys that another boy was threatening her and making her scared (which was a lie) so she wanted them to do something about it.  These 3 little boys proceeded to gang up on the other boy and he was hurt.  Not seriously but that he was hurt is bad enough.  These 3 boys and Tater are now suspended.  These are first graders and this is a very small town.

S and D are ready to snap.  I don't know what else to tell her.  The psychologist told S and D that she was afraid that Tater had multiple personality disorder but couldn't make that diagnosis on a definitive basis because, as of yet, there are no clear cut documented cases in children of this age.  They usually don't start developing these tendencies until they are in their mid to late teens. 

I have looked online for any kind of research or specialists that can deal with this but it's very difficult to find information even on pre-adolescents that are out of control. 

I am asking for your help.  If anyone knows of a professional or group that can help S and D with Tater, PLEASE post here ASAP.  At this point, I'm very concerned about THEIR well being. This kid is a serious danger.  There is much more but I think I have told you enough already.   We are in Washington State too, just in case anyone has any ideas where to go for help.

Thank you so very much if any of you can help.

I have been working with a national company for 5 years and have enjoyed it but a friend called me recently stating she had a doctor who is despirate for a new MT and she recommended me.  I talked to the doc. today and she is very interested.  I have a meeting with the office manager next week to work out the details.  I have a few questions and would appreciate your advice:

1.  Doc. did not know what type of dictation system they use, but it sounded like a C-phone or DVI system.  Currently I do everything on line, is there a way to dial into a C-phone system through my computor's modem?  I know that this is probably wishful thinking, but it can't hurt to ask. 

2.  Do you draw up a contract?

3.  Are there any questions you would recommend I ask (we have already discussed pay and vaccation/sick time as well as turn around on the reports)?

I am a bit nervous about striking out on my own but the company I work for made a lot of changes last January and it just is not working well for me anymore.  

Thanks for your help,

Mariah

I guess I've been lucky to work with some wonderful MTSO's in the past! I've been an MT for over 10 years, but am just now looking for new work and have not worked for big, national companies before. I posted the other day about testing with companies, and I did and got 2 job offers. Yea!...you'd think.  Ha! 

I thought I'd get offered a decent wage, for starters. Two companies offered me positions, one at 6.25 cpl and the other at 5.5 cpl. Both of them say they go up, the more lines you have. Unless they go up...like double...forget it! At least one of them additionally charges a fee if I don't make my anticipated line count during the payperiod (and I had to make my schedule a month in advance), as well as a bi-weekly service fee for using their software.

Is this what I have to look forward to????? I guess my head has been in the sand, because I had no idea this is what people's contracts had in them. No wonder no one is making any money. Honestly, is this standard? Sorry if I seem so out of touch.

I worked as an IC for a company with questionable business practices and who treated me like a dish rag for about 8 months this past year and when I finally could not take any more, I quit.  In the end I was stiffed for about $1900 in pay but I pretty much knew it was pointless to even try to get my money and decided to leave it in the past. 

Well now, they have just sent me tax papers, evidently they never got my signed forms or lost them or whatever.  My question is do I really have to fill them out and send them back, or should I hold out for my back pay, or what?  I really don't feel like I should do anything for them even though I know that it is wrong.  Does anyone know if I can get in trouble for not returning this form?

TIA,

Still angry MT

I'm not sure how many people they are hiring but you shouldn't stress too hard over it. Do the best you can.

In hindsight, it would seem a good idea in such a situation would be to have a notarized agreement between yourself and the person you get to fill in for you.  This agreement would stipulate that they are only to fill in for you in your absence when requested by YOU and they are not permitted to seek or accept employment with this client as long as you are their transcriptionist, even if it's your best friend.  This is business, not a Saturday lunch together. 

Then you could also get the facility to sign a notarized agreement with you stating they will not offer employment to your fill-in.  They are to understand that this person is only a fill-in for you and is not permitted to solicit your clients because he/she has a legal agreement with you to not do so.  Should they violate this, you will pursue legal means, etc.  You must protect your job as well as you can.     

You can also put in a contract that you have the first right of refusal to turn down work if the workload increases and the facility wishes to hire more staff.  Then they can't go behind your back and hire others without offering you the work first.  You have yourself covered at both ends this way.  I've done such contracts and they befuddle the client so much that they willingly agree to sign because it sounds like I know a whole lot more than they do.  Get a lawyer to draw something up so all your bases are covered. 

Being nice, honest--that has to do with character and it's wonderful if the people for whom you work are that way.  But in business, it's money that comes first.  The two are not incompatible but it seems these days they aren't often found together anymore.  Do a bullet-proof contract and give it to your clients in a very cordial but professional manner.  They will respect you for it.  Your business and income are every bit as valuable to you as theirs are to them and explain that to them as you hand over the contract for them to sign.  If they can't see that, you don't need to deal with them and move on.  Make the playing field level here and protect yourself.  You are a professional too!

The work has dried up.   Again I won't make a full paycheck.  Others are saying the same thing.  I think you may be right.  Especially if you are an employee.  But wasn't that their plan from the start?

I can't imagine what this package is they are sending out. 

Unless they are going to offer to provide equipment, sufficient work/or a plan to give me lines (like on-call pay) for sitting with nothing to do IN WRITING, and a raise of 5 cents a line, the package will probably go in the round file right here beside me.

I was told not to ask for any other accts, we have to do with what we have for now---that the work is low nationwide for MQ--and here you are telling me that you are getting new accts

Again is this MQ lies--if you have new accts and work--send it to the NE--we need it

Has anyone out there heard or looked into government contracts transcribing for VA hospitals - a friend called me today with this proposition - she said there were two places to look for work - one is called rsp.com and the other is fedbizops.com.  She put in a bid for a radiology account with 600,000 lines a month and said that she thought that would take two people.  I'm just trying to find out if this is legit or not.  I'm not wanting any extra work for myself, but this just sounds too good to be true.

I found this the below link quite helpful, particularly sample contract 2.

HTH

Best wishes.

Yes the papers have been served. Seeking legal advice soon.  I don't really fear anything as I know we have done nothing wrong. It's just maddening that this person doesn't have anything better to do than to make other people miserable. She doesn't want to make her own money, she tries so hard to take other people's money. I swear, she works harder at trying NOT to work than she would actually have to work if she would just get a job! Get a job lady!

This can be tricky.  You need to have a lawyer look at the contract you made with the physician and see if you made a contract with him as an individual or the contract was made with his business and then see what can be done.  If it was made with his business, then you may be covered and be able to fight this more easily. 

I think you also need to know what the new contract for the merger covers -- are all previous services used by that physician automatically transferred over to the merged group?  If not, you may have been cut out of the deal.  OR, you may be included and they are not telling you.  Also, if you are not covered under the new arrangement, you may be able to go after him for expected income based on what your existing contract states with that physician.  You may be able to go after him personally for money owed. 

We're talking 6 months of income here as I see it.  Get a lawyer and go get what you deserve if there is any possible way--either by being retained by the new group or bringing charges of some sort.  Make sure the lawyer stipulates that THEY pay all legal costs involved.  They may be more willing to settle with you, give you what you want, rather than go through all this.  Stand your ground.  You are a business and don't let them cheat you.  There are a lot of things in contracts that a non-lawyer can't see but can very well be to your advantage. 

Good luck! 

Yes, the only real "comfort zone" is what is covered in a legal document.  There's your security to a certain extent.  That's not to say that will eliminate all problems, but it gives people an idea you're serious and professional about your servies and you don't expect to be taken advantage of.  Demand all that you want.   Then decide down the road how strictly you want to hold the other party to those demands. 

Think of how business people operate -- they argue at the conference table over clauses in contracts and then go play golf together the next weekend.  It's expected.  It's part of running a business.  Business is business, social is social.  Draw a line here between the two.  Be nice when you type a term paper for your neighbor's kid.  Be strict when you deal with clients. 

Anyone can challenge a contract or agreement, and sometimes you will lose or it won't be worth the fight to pursue it. Every situation is different.  That's why it's best to get the best attorney you can afford, the most experienced in this, to draw up that contract to begin with.  Obviously the clients for whom we work have their own lawyers and the money to pursue things.  But looking at the overall picture, it's just easier to give into your demands as a Transcriptionist than fight, especially if they really want to keep you which seems to be the case here.  If there is a disagreement and you walk, their work is going to get backed up until someone else is trained and up to speed (in most situations).  Who wants that hassle?  It's easier to give into your demands.  Lawyers aren't cheap for anyone, either side.

I'd sit down with these people and explain what they have done to you because they really may not realize how it is affecting you.  Be pleasant about it but firm.  Then have that contract ready and re-negotiate.  Tell them your lawyer has advised you to do this with every client you have and you are changing your way of doing things to protect your business.  Who can fault you for that?  It makes perfect sense.  Then you'll know where you really stand with them and you can make your decision to stay or move on.  And when you deal with anyone else, present the contract to them and make sure all parties understand what they are signing before you do one bit of paid work for them.   

One other tip:  This is not meant in any way to offend you, as I'm sure your sklls are good, especially if they asked YOU to find a replacement.  They assumed they would get someone just as good as you.  Don't do it.  Don't ever hire a fill-in who is equal to or better than you.  You want them to be exceedingly glad upon your return!!!  Doing this even puts you in a better bargaining position as far as rate increases in the future.  If you want to help out a friend, get her/him an account you don't want.  OR, hire them as a subcontractor for you so that they do not deal one-on-one with the client except to do the work.  They are not to be involved in any negotiations whatsoever.  But I still prefer hiring below your level of expertise.  It's better for you that way. 

For those of you who work for MT companies, do you have to sign a contract regarding working for other companies as well?

Since supplemental income seems to be a big part for many, I am wondering if there is ever any problem with that.