Were you aware of this? does this seem right to you?

gtanner

gtanner

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Today I came across a public notice from the FCC. I found it while doing research on whether or not using 711 Relay service is HIPAA complaint. As you know, HIPAA laws state that third parties shall not have access to your private healthcare information without your consent. While doing this research I found this from the FCC:

"We therefore emphasize that all forms of TRS, including “traditional” TTY based relay, Internet Protocol (IP) Relay, Video Relay Service (VRS), and Speech-to-Speech (STS), can be used to facilitate calls between health care professionals and patients without violating HIPPA’s Privacy Rule"

https://apps.fcc.gov/edocs_public/attachmatch/DA-04-1716A1.pdf

The ADA says that there must be equal access to communication. If a hearing person is not forced to have a third party on the line while their private healthcare information is being discussed, why should the Deaf community have to have a third party? How is that "equal access to communication"?

Thoughts?
 
What is your proposed alternative?
 
Reba said:
What is your proposed alternative?
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Reba - I believe that we have had enough advances in technology that this ind set is no longer reasonable or viable. NexTalk has the ability to allow you to place direct calls without the need of third party relay operators. I feel that this approach from the FCC (unintentional as it may be) is enabling companies to take the "cheap" way out instead of requiring them to provide you with equal access to communication.
 
Even within HIPAA guidelines, there are "third parties" involved in health care interactions who are privy to the patient's information. It's not just one-on-one doctor-to-patient. Depending on the situation, there are family members, emergency medical personnel, insurance providers, medical equipment vendors (yes), clerical workers (admittance, scheduling, etc.), nurses, medical students, or health aides present. Anyone who believes their medical issues are completely private, well....

Interpreters working in health care settings sign HIPAA privacy forms, too, and are required to keep their assignments confidential.

Still, being able to communicate directly with each other is preferable but a signing medical staff is not a reality.
 
gtanner said:
Reba - I believe that we have had enough advances in technology that this ind set is no longer reasonable or viable. NexTalk has the ability to allow you to place direct calls without the need of third party relay operators. I feel that this approach from the FCC (unintentional as it may be) is enabling companies to take the "cheap" way out instead of requiring them to provide you with equal access to communication.
Click to expand...
I'm a bit concerned about accuracy without third-party operators. How is it done?
 
gtanner said:
Reba - I believe that we have had enough advances in technology that this ind set is no longer reasonable or viable. NexTalk has the ability to allow you to place direct calls without the need of third party relay operators. I feel that this approach from the FCC (unintentional as it may be) is enabling companies to take the "cheap" way out instead of requiring them to provide you with equal access to communication.
Click to expand...
Sorry, I missed your post while I was preparing mine. :)

If the technology is perfected enough, and if it is an option, then it can be one of several options (for the patient). As long as it doesn't void the other options. Communication by English text isn't for everyone.
 
Reba said:
Sorry, I missed your post while I was preparing mine. :)

If the technology is perfected enough, and if it is an option, then it can be one of several options (for the patient). As long as it doesn't void the other options. Communication by English text isn't for everyone.
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Hmmm. I wonder if it can be perfected "enough" to prevent a lawsuit from miscommunication.
 
Did you mean, "compliant" as the last word in your very first sentence?
 
Reba said:
Even within HIPAA guidelines, there are "third parties" involved in health care interactions who are privy to the patient's information. It's not just one-on-one doctor-to-patient. Depending on the situation, there are family members, emergency medical personnel, insurance providers, medical equipment vendors (yes), clerical workers (admittance, scheduling, etc.), nurses, medical students, or health aides present. Anyone who believes their medical issues are completely private, well....

Interpreters working in health care settings sign HIPAA privacy forms, too, and are required to keep their assignments confidential.

Still, being able to communicate directly with each other is preferable but a signing medical staff is not a reality.
Click to expand...

This is true, But these hospital third parties are all under PHI Agreement, meaning that they have agreed not to disclose or share you information under penalty of law. When a deaf person picks up the phone and dials 711, that call could go to Hamilton, Sprint or one of the other few remaining TRS providers. The hospital did not initiate the call, so they are not even aware of which company is providing the relay service. More importantly, I wonder how that person being on the line effects the conversation between the deaf patient and the hospital? Will the deaf patient hold back embarrassing or private information that is vital to their treatment. I can't help but think that a direct one-on-one call is better.
 
Beowulf said:
I'm a bit concerned about accuracy without third-party operators. How is it done?
Click to expand...

We have a new Speech Capturing tool that in initial testing is providing 90% plus accuracy on initial use. That is miles ahead of the commercially available voice engines that are being used on smartphones and tablets, which are lucky to get 60 - 70% with training. Once completed, this feature will be added to our ACCESS platform and will provide the deaf and hard of hearing with two new applications. When used in conjunction with the phone, the ACCESS solution will convert the callerss spoken word into text, it can also be used to capture speech in a "meeting" environment and display that as text as well. For those that have severe or total hearing loss but can still speak, this new feature allows them to place VCO calls with no operator in the middle of the call.
 
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