Wiki HIPAA Violation

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cingram

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Ok I want to know what everyone thinks.

So I used to work for a billing company and billed for many doctors at different hospitals. Some of the hospitals we did not have access to their portal to get medical records if we could not read the doctors writing. Well the manager there her daughter works for one of the hospitals and was getting the records and giving them to her mom (manager of the billing company) and was using them for coding. What do you all think of this?
 
was this done with the hospitals knowledge? Was the transfer of charts performed in a HIPAA compliant manner? in a closed bag and transfer from her to the mom? did she receive these records at the place of business and then used them in a business manner and promply returned them in the same HIPAA compliant manner?
If the answer to all of the above is yes then there is no issue. If there are any nos then there could be a problem.
 
hospital had no knowledge she just printed them out and went to her moms house and handed them over.
 
Oh, boy!

Then there is a big problem. The hospital's privacy officer should be notified if that has not already been done, and the billing company does need to return the information. Then obtain it PROPERLY. Oy vay!
 
When I was an employee there thats what i told them. Is that it was a HIPAA violation but they continue to ignore it and act like nothing happened. In this case if a violation was reported who would be in trouble the daughter or the mother or both.
 
Most trouble would be for the hospital

The OCR would first target the hospital as to what they would be doing about this, when did they find out about the breach, and such. HIPAA rules place more burden on the covered entity than on individuals. For individuals, the burden of proof on the governent generally falls on proving that this information was used in a manner detrimental to the patient, the information was used or sold for gainful purposes, etc. I am no lawyer, and it is hard to say here, but it sounds like the hospital would be targeted. However, if the daughter likes her job, she better learn to like another one.
 
Thats what I thought when I was the coder there and these came across to me I refused to even touch them. I told them they had to find someone else to code them just becasuse I knew how she was gettign them just wasnt right and when I had brought it up to the owner he just ignored the whole thing.
 
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