Not saying that it would violate anything
Posted By: Another frustrated MT on 2009-06-21
In Reply to: why would that violate laws? I would say you could do it - - Amanda
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.....
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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
why would that violate laws? I would say you could do it -
nm
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.
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