> Dear Group Members: > > In addition to the labor cost differentials, I believe the time difference > helps too. When it is night in USA, it would be daytime in some > transcription office across the globe. > > Sincerely, > Tapan > > Re: Can someone assist me in this topic? > > * From: William J. Kammerer > * Subject: Re: Can someone assist me in this topic? > * Date: Thu, 20 Mar 2003 15:53:48 -0800 > > The WEDI SNIP Privacy Workgroup List would be the appropriate place to > ask questions regarding the HIPAA Privacy Rule. > > A covered entity provider is required to have a business associate > agreement with Fast Medical Reports. The provider is not to continue > using a business associate if it has any reason to believe the BA is not > abiding by the BAA to take as good care of the patients' PHI (as the > provider is, compelled by law). Likewise, business associates should > themselves have appropriate safeguards and contracts in place with their > own contractors. This ensures your own contractors don't put you in > danger of indirectly violating the BA agreement with the provider. > Neither you nor your overseas contractors are bound by HIPAA - only by > BA agreements, contracts and other applicable law - since you are not > HIPAA covered entities. > > Neither Fast Medical Reports nor the provider are obligated to inform > patients that their records are being manipulated offshore. But the > provider has every right to know who your subcontractors are, though, > since he is directly accountable to HIPAA regulators for any misuse of > PHI. > > India is not Indiana. Is there any reason to believe Fast Medical > Reports would be able to enforce its own contracts with Indian offshore > subcontractors? If India had a reliable legal system with an > infrastructure of trust comparable to those of the U.S. or Canada, it > would have long ceased to be a Third World country - and probably would > not have large labor cost differentials to export. If for some reason > there were a problem, Fast Medical Reports would probably be left > holding the bag (financially) for the actions of its Indian > subcontractor. > > Your rationale for outsourcing is much the same any American company > chooses that course: the savings may not be that much for each > transcription (or shoe or dress or piece of computer software code), but > when all lumped together, provide handsome bonuses for executive > management. > > William J. Kammerer > Novannet, LLC. > Columbus, US-OH 43221-3859 > +1 (614) 487-0320 > > ----- Original Message ----- > From: <[EMAIL PROTECTED]> > To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]> > Sent: Thursday, 20 March, 2003 12:50 PM > Subject: Can someone assist me in this topic? > > I was told that this group might be able to help me with some > interpretation of an issue I'm facing. I have just subscribed so pardon > me if this is the wrong forum > > We provide medical transcription and coding services to physician > practices. To give our clients a little better price, our transcription > and coding is provided by a company that produces does the work in > India. > > Our dilemma is that we are in a debate with a couple of the practices > over disclosure of the organizations that are involved in the business > functions. The practices say that they are obligated by law to disclose > to the patients that their records are across seas with companies who > are not governed by US laws and regulations. I suggest that it may be an > ethical question but not a legal requirement. > > My concern is possible public backlash that would force us to produce > the transcription here in the US. Although the savings are not > significant on individual accounts for us to send it over seas, they do > add up when all put together. I'd have to raise my prices to produce it > here. > > Is a physician or practice legally required to notify the patients that > their records are being processed outside of the US by companies or > individuals who aren't necessarily bound by HIPAA? > > Thank you kindly for your assistance. > > Melissa > > Fast Medical Reports > California > > > Tapan Shah > EDI Analyst (Real-time) > WebMD-Envoy > > Questions or comments contained herein are not the opinion or position of > WebMD Corporation > > This email contains PRIVILEGED and CONFIDENTIAL information intended only > for the use of the specific individual or entity named above. If you are > not the intended recipient of this email or an agent or employee > responsible for delivering it to the intended recipient, you are hereby > notified that any unauthorized dissemination or copying of this email or > the information contained therein is strictly prohibited. If you have > received this email in error, please notify me immediately via reply > email. > > >
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