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Wiki Driving License requirement

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smartcoder

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I have been asked multiple times by front desk and patients that why driving license is required on patient's file. I always tell them that it is required to verify patient's identity and this is our office policy. I was wondering if there is a specific law about it??
 
I have our receptionist explain to the patients that this is a rule to help protect their identity from theft. If questioned further, which happens from time to time, I give them information from the FTC about the Red Flags Rule. I use this because we hold an account for the patient, and it's easy for them to understand.
 
This was part of the red flag rule a few years ago. Currently, our policy is just to show a picture ID, to verify identity. We cannot make a photocopy, and our EHR allows us to scan in the license as a form of photo ID, but we have to crop the photo to only show the face, but no other information. If patients refuse to show a photo ID, though we don't refuse to treat them.

In Dec 2010, President Obama signed a Senate bill that excluded physicians from this particular rule. (see link below). The purpose of the red flag rule had to do with identity theft with creditors, and in a legal loophole, physicians were considered "creditors"...which of course we are, since virtually nobody pays cash for medical services these days.
http://www.healthcarefinancenews.com/news/obama-signs-law-excluding-doctors-red-flags-rule However, in light of healthcare privacy laws, the senate saw reason, and excluded physicians from the rule.

I would make sure you have an office policy, ask for the photo ID to verify that they're who they say they are (so they aren't trying to pass off someone else's insurance card as their own), but I probably wouldn't photocopy license or SS# information for a paper chart. Not only are you not required to, it's probably not a good idea to do so.
 
Well thank you for posting that! I was unaware of that so I appreciate it immensely.

We do have an office policy, but often times we find ourselves requiring a reason for that beyond "We do so to protect your identify from theft". Patients often do not care for that reason, but HIPAA isn't really the reason we collect the information.

We do keep a copy in the patient's EHR. This helps us do exactly what we set out to do, make sure we are keeping our patient's safe from identify theft and medical mistakes.

What would you suggest we say/do instead?
 
Personally I will not provide my license to any practice as it is not required. I have had the discussion with my pcp. If you are concerned about fraud, then connect a camera to your emr/ehr and take a picture of the patient. There is no way I give my SSN or license number as it is not required by law. Red Flag Rules are dead for physicians.
 
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