Medical transcriptionists transcribe, or type, information dictated by physicians and clinicians for medical record reports and notes. Because transcriptionists work with confidential patient information, they are subject to the Health Insurance Portability and Accountability Act.

Understanding HIPAA

A main focus of HIPAA is the protection of patient health information. Under HIPAA, health care professionals, including transcriptionists, are liable for inappropriately releasing confidential medical information.

Business Associates

Under HIPAA, transcriptionists can be defined as "business associates." Business associates are individuals or organizations that work with "covered entities," or health care providers. Business associates are responsible for ensuring patient privacy and security.

Privacy

HIPAA's "Privacy Rule" states to whom, when and where personal health information, or PHI, may be released. It applies to health care providers and associates. Transcriptionists work directly with PHI, so they must follow HIPAA's Privacy Rule.

Security

HIPAA's "Security Rule" states that electronic personal health information, or e-PHI, must be protected from inappropriate disclosure, intrusion or loss. Medical transcriptionists often transmit reports electronically, so they must use secure connections, locks on computers, password protection and encryption.

HIPAA Penalties

HIPAA reserves the right to assess civil and criminal penalties for abuse, fraud or non-compliance. Penalties start at $100 per incident and may include a maximum 10-year prison term.

Source:

Association for Healthcare Documentation Integrity: General Information

U.S. Department of Health and Human Services: HIPAA Enforcement

"HIPAA for Health Care Professionals;" Dan Krager and Carol H. Krager; 2008.