Vicki:
I am sure that many phone calls are recorded without our knowledge or consent.
Some states only require consent of the indicividual making the recording, Maryland requires consent of both parties.
IMHO if a patient records your call in a state that requires consent of both parties there's nothing you can do and in this case as I understand it without consent this is not admissable as evidence in a court of law.
Without mutual consent there's no way for the practice to
prove the recording was not altered.
What's the best solution?
You
could advise all patients that recordings are being made with an automatic or verbal announcement such as "All calls are recorded for training purposes" (nope, they are often recorded to minimize frivolous lawsuits).
Then do it.
You may
never need to review the recording, but it's available if you need it.
I don't record my business calls, but I DO take shorthand for some of them which is my 'contemporaneous notes' made at the time of call.
Contemporaneous notes may not have the full force of a mutuall consent recording, but it will at least have some merit which may be in your favor.
But of course without the original recording it's just heresay, but I know the content in much greater detail with my shorthand than simply 'taking notes'.
You
could automatically electronically transcribe during the call as artificial intelligence is so good now that it will be 99% accurate.
This may be OK for the really 'delicate' phone calls that must be memorialized for future review.
Worst case if you have a problematic patient, two staffers on the phone (even if one is only in listen mode) may cover you in case of dispute.
------------------------------
William Kisse
COO
Washington Open MRI, Inc.
Rockville, MD
bill@womri.com(301) 424-4888
https://www.linkedin.com/in/billkisse/------------------------------
Original Message:
Sent: 11-17-2020 12:32
From: Vicki Melendez
Subject: Patients recording discussions
We are seeing an increase of patients requesting to record (usually voice only) discussions with our staff or physicians. Sometimes they ask prior to doing so but not always. I am wondering if other practices are seeing this same pattern and if so, how are you and your staff responding.
Vicki Melendez
Compliance and HIPAA Privacy Officer
Radiology Regional
3660 Broadway, Ft. Myers, FL 33901
E: vmelendez@radiologyregional.com
O: (239) 936-2316
C: (239) 980-3656
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