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independent contractor withholding patient information

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pele

Member
What is the name of your state? Hawaii

We use an independent contractor to transcribe patient notes. She is part-time only since we have a transcriber in the office. She has tapes in her possession from February 8th and February 13th. We tried to reach her several times, both by phone and by e-mail. We even called her at her regular job, we received no word from her for quite some time. She then called and stated that she had been ill, however, she was at work when we left messages for her there. The last e-mail we sent mentioned us taking legal action if she did not return our tapes. She then sent an e-mail about not receiving a check (there were two checks here waiting for her and we left messages that she could pick them up). Regardless of whether or not she had a problem with us as far as payment, I feel it is not fair to hold patient information hostage because she has a problem. I feel she could have mailed the tapes back and told us what her problem was. I called the state Consumer Affairs department but they sent us to the Regulated Industries, who only handle licensed persons, such as physicians. I would like to know if she has broken any laws, Federal, State or HIPAA.

Thank you for your time.
 


seniorjudge

Senior Member
pele said:
What is the name of your state? Hawaii

We use an independent contractor to transcribe patient notes. She is part-time only since we have a transcriber in the office. She has tapes in her possession from February 8th and February 13th. We tried to reach her several times, both by phone and by e-mail. We even called her at her regular job, we received no word from her for quite some time. She then called and stated that she had been ill, however, she was at work when we left messages for her there. The last e-mail we sent mentioned us taking legal action if she did not return our tapes. She then sent an e-mail about not receiving a check (there were two checks here waiting for her and we left messages that she could pick them up). Regardless of whether or not she had a problem with us as far as payment, I feel it is not fair to hold patient information hostage because she has a problem. I feel she could have mailed the tapes back and told us what her problem was. I called the state Consumer Affairs department but they sent us to the Regulated Industries, who only handle licensed persons, such as physicians. I would like to know if she has broken any laws, Federal, State or HIPAA.

Thank you for your time.
Q: I would like to know if she has broken any laws, Federal, State or HIPAA.

A: Based solely on the information in your post, no.
 

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