Billing > Billing
Out of Network Chiropractic Provider
SnyderKristine:
Thanks a ton Michelle!!
PMRNC:
Two things no one has mentioned and are facts. NOT debate.
1. YOU posted using a fake name as you have in other places and to other billers on facebook as well. That shows intent do defraud in my opinion.
2. We can sing Kumbaya until the cows go to pasture and talk about globalization all we want.. but here is a FACT... OFFSHORE COMPANIES ARE NOT BOUND IN ANY WAY, SHAPE or FORM by US laws.. PERIOD. They can CLAIM HIPAA compliance, have all the right BAA they want signed but bottom line if there is a compliance issue the provider is done for.. he pays the civil, monetary and any criminal penalties there are.. LATER they can try to recoup in the offshore legal venue..but good luck with their court systems and they would NOT be able to overturn any US Federal sentences/penalties. So is the savings WORTH IT?? any SMART lawyer would advise a US physician NOT to do business overseas. Sure we can't stop it, but that doesn't mean we can't educate US physicians on the liabilities and what they could be doing to their practices in the name of saving a few bucks.
Others may not mind that you came on here with a fake name, NEVER even apologized or acknowledged it, and INTENDED to fool them.
I do mind.
PMRNC:
--- Quote ---McDonalds, Subway, KFC have branches in India
--- End quote ---
IF this doesn't prove something I don't know what does. McDonalds, KFC, Subway, Pizza hut they do not have to deal with US Healthcare Compliance regs like HIPAA, HITECH, meaningful use.. Come on.. now, if your going to try and debate this.. there is NONE. OFFSHORE COMPANIES HAVE NO LEGAL LIABILITY OR VENUE TO ADHERE TO US LAW.. PERIOD. That's the end of it. Like it or not you can't change it, we cant change it that it happens, but we sure can be there to educate US physicians on the dangers and liabilities of offshore outsourcing. This is a GREAT marketing opportunity for US medical billers and I will be there to help them campaign against it as I have for years. I can talk any physician or US practice OUT of offshore with JUST those legal facts.
Sriram_Sub:
I am not as busy as you are, but I definitely don't have time for a debate on this. NOR do I think it's worth it. I wish you good luck with your campaigns, Linda! I respect your feelings.
RichardP:
For Linda, and anyone else that is interested:
1. Does HIPAA have requirements that those in the medical profession must meet?
2. Are there any penalties attached to HIPAA that can / must be applied to those who are not HIPAA-compliant?
3. We have just had a practical application of Points 1 and 2:
a. Operating systems that are not supported by their manufacturer are not HIPAA-compliant;
b. Windows XP is no longer supported by it's manufacture, therefore it is not HIPAA-compliant'
c. Therefore, any office that uses Windows XP is not HIPAA-compliant
4. What is the HIPAA penalty for offices that still use Windows XP?
If the cost of switching to a new operating sytem is greater than the HIPAA penalty for continuing to use Windows XP, the smartest economic choice will be to continue using WinXP.
5. Offshore processors of patient information have no legal reason to be HIPAA-compliant - as they are outside the reach of U.S. law. Some may choose to be compliant, in order to attract business. But others will find that they can do business more cheaply by staying not compliant.
6. At this link, click on the "Enforcement and Penalties for non-compliance link toward the bottom of the page. See these words there: Penalties will vary significantly depending on factors such as ... whether the covered entity’s failure to comply was due to willful neglect.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
I think that purposefully sending patient information to an organization that you know is not HIPAA-Compliant would count as non-compliance due to willful neglect. So - one should be able to file a class-action lawsuit against all medical organizations that send patient data offshore.
But wait - in order to have standing so that the court will accept your case and not throw it out, you must be able to state damages. That is, you must state how patients as a class, and each individually, have been damaged by having their personal medical information forwarded to an entity that is not HIPAA-compliant.
Is the cost of finding and proving those damages to the court greater than the penalty that will be imposed for failing to comply with HIPAA due to willful neglect? If yes, it does not make economic sense to file such a lawsuit, and such a lawsuit will not be filed.
We are a pretend world. We pretend to be somebody we are not. And we pretend to have laws that will protect the individual, when they will actually protect someone only when the economics of the situation are favorable.
7. To others, with regard to breaking down into tribes, and protecting our own resources, etc. Research has demonstrated time and again that the most effective span of control is around 13-15 people (a single leader cannot effectively handle much more than that). Even rats, when hundreds are placed into a single enclosure, will break down into groups of about that size.
Bottom line of this research is that any group which does not protect its own resources will soon have those resources taken away by any group that dares to attack them. In a "society" composed of thousands of 15-person small-groups - who will not protect their own resources - all it takes is one group, out of those thousands, willing to take away the resources from other groups, to end up with thousands of 15-person small-groups with no resources, and one 15-person small-group with all of the resources. That is the way it has always gone.
If you are not willing to defend what is yours, someone WILL take it away from you. Because of this, the world will always be populated by tribes, willing to defend what is theirs.
8. Consider the fable of the ants and the grasshoppers. The ants would have died in the winter, along with the grasshoppers, if they had shared their stuff with the grasshoppers. Why is that a good thing to aspire to?
http://www.taleswithmorals.com/aesop-fable-the-ant-and-the-grasshopper.htm
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version