HIPAA Rules often address 2 specific organizations: covered organizations and company associates. Which group have you been in?
Covered organizations are people who provide healthcare to sufferers, health programs who guarantee patients, clearinghouses which process information for any healthcare supplier, and within the Security Guideline, Medicare doctor prescribed drug greeting card sponsors.
Company associates supply services with regard to covered organizations. This might be an attorney for any hospital or even physician, the coding as well as billing support, or the medical transcribing service.
How about Independent Companies?
Independent contractors are actually business proprietors, you just possess a business of 1. If you’re an impartial contractor, you may be a company associate, should you provide providers direct towards the covered organization. What which means is if you’re a healthcare transcriptionist and also you provide transcribing services for any doctor or even hospital, you’re a company associate. In the event that, however, you’re a healthcare transcriptionist that contracts having a medical transcribing service, you aren’t a company associate, however a subcontractor. Be sure you realize which role pertains to you since it impacts what you need to do to end up being compliant.
How about Employees?
If you are a employee of the covered organization, you are part of what is called the “workforce. ” Workforce is understood to be employees as well as paid or even unpaid volunteers, students, and additional personnel in whose conduct within the performance of work with a protected entity is underneath the direct control of this entity. The word does not really include impartial contractors, who’re considered company associates.
Doesn’t HITECH change all this?
With the actual introduction from the HITECH Behave, some healthcare transcription providers, in an attempt to determine how everything applies for them, are right now calling on their own a protected entity. This isn’t the situation. The definition of those two groups hasn’t changed. What offers changed is the way the rules affect each team. If you’ve got a medical transcribing service and supply services for any covered organization, you continue to be their company associate. The difference now’s that you need to follow the actual privacy as well as security rules as being a covered organization must adhere to them. Your status didn’t change, nevertheless, the application from the rules DO change in order to impact the way you do company.
Does It Matter?
Medical transcriptionists who are independent companies have frequently been classified like a subcontractor, a real estate agent, and a business connect. Prior towards the changes which have been brought about using the HITECH Behave, perhaps this didn’t issue. With the brand new foibles, it completely does issue. Be careful not to let somebody classify you like a business connect unless that’s really your own role. If you’re a transcribing service proprietor, don’t fall under the snare of classifying yourself like a covered entity simply because the guidelines now say you need to do all from the same points. Having the right classification can help you save a large amount of headaches down the road so make sure to have this right. Keep in mind that the regulation now demands audits be achieved. If you are misclassified like a business associate or perhaps a covered organization, you may find the Division of Health insurance and Human Services in your doorstep asking to determine all your written guidelines and methods and evidence of your danger analysis. It will matter.
Determining exactly what group you’re in is the initial step toward understanding the position for becoming compliant. It provides you with the starting place for the street map that’s called HIPAA Conformity.