Practice Management

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  • 1.  Patients recording discussions

    Posted 11-17-2020 12:32
    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





    CONFIDENTIALITY NOTICE: This electronic message, including any attachments, contains information that may be legally confidential and/or privileged.  The information is for the sole use of the recipient(s) (individual or entity) named above and access by anyone else is unauthorized. If you are not the intended recipient, any unauthorized disclosure, review, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please contact the sender immediately by reply e-mail (and/or by telephone 239-936-2316), that you have received the message in error, and proceed to delete it, and destroy any and all copies of the original message.




  • 2.  RE: Patients recording discussions

    Posted 11-18-2020 07:26
    Edited by William Kisse 11-18-2020 07:27
    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/
    ------------------------------



  • 3.  RE: Patients recording discussions

    Posted 11-18-2020 09:31
    I appreciate your response but I think perhaps I was not clear on the question details.  Our concern is  a live patient, in person, is with the radiologist recording the conversation either with  our without the radiologist's permission.  How to handle?

    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





    CONFIDENTIALITY NOTICE: This electronic message, including any attachments, contains information that may be legally confidential and/or privileged.  The information is for the sole use of the recipient(s) (individual or entity) named above and access by anyone else is unauthorized. If you are not the intended recipient, any unauthorized disclosure, review, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please contact the sender immediately by reply e-mail (and/or by telephone 239-936-2316), that you have received the message in error, and proceed to delete it, and destroy any and all copies of the original message.







  • 4.  RE: Patients recording discussions

    Posted 11-18-2020 09:55
    Edited by George Ehrhardt 11-18-2020 09:55
    Vicki - the rules William described are generally applicable to in-person conversations as well as phone calls. I believe Florida is an all-party consent state but as William also points out, how to refuse to allow that would be tricky and the issue of admissibility may disallow use as evidence in any case. 

    You may want to bounce this of your group attorney from a legal perspective for FL specifics. The PR/patient management angle is a little trickier with no black and white answer.

    ------------------------------
    George J. Ehrhardt, CPA
    CEO
    Lakeland Radiologists, P.A.
    Jackson, MS
    ------------------------------



  • 5.  RE: Patients recording discussions

    Posted 11-18-2020 10:27
    Agreed and yes, I have already reached out to legal for their perspective. 

    Thanks for the response!

    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





    CONFIDENTIALITY NOTICE: This electronic message, including any attachments, contains information that may be legally confidential and/or privileged.  The information is for the sole use of the recipient(s) (individual or entity) named above and access by anyone else is unauthorized. If you are not the intended recipient, any unauthorized disclosure, review, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please contact the sender immediately by reply e-mail (and/or by telephone 239-936-2316), that you have received the message in error, and proceed to delete it, and destroy any and all copies of the original message.