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dsparnell1960
Member

Background Checks related to HIPAA?

What should you do if you are asked to agree to a background check in order to work for a Client in the Medical Industry?

I have worked in the Medical Field and am very familiar with HIPAA and its privacy laws. 

23 REPLIES 23
pandoraharper
Member


@Deborah P wrote:

What should you do if you are asked to agree to a background check in order to work for a Client in the Medical Industry?

I have worked in the Medical Field and am very familiar with HIPAA and its privacy laws. 


I am not familiar with the HIPPA thing really, though I know it's related to client privacy and so on. Upwork doesn't get involved in such things, but I would think that this is valid request.

 

Maybe someone more familiar with the medical industry can chime in with further details.

csjarmitage
Member

I've never been asked to have a background check done since freelancing.  Does the job involve dealing directly with patient information?

 

I'm trying to think of a reason why this would be an appropriate request and I can't really come up with one. Are you HIPAA certified?

 

When I worked in healthcare for forever, I had these done all the time. But I was in contact with patients and it seems feasible in that situation.

It is a position dealing directly with patient information

 

Then I'd be a little bit less suspicious. Are they paying for it?


@Deborah P wrote:

It is a position dealing directly with patient information

 


Then it would be irresponsible for them not to do some investigating, and their insurance company probably requires it. 

I work with patient data reguarly and deal with HIPAA.

 

HIPAA is about how patient data is handled and stored.

 

There are situations where people dealing with data need to be HIPAA-certified or HIPAA trained. It's not really about "background checks." If the backgrounds of the people who are working with data are genuinely a concern, then they're not going to be hiring random people on Upwork.

 

If somebody is asking you for a bunch of personal information, or asking you to pay for a background check, it's probably just a scam.

 

Some of my most recently completed projects involved creating HIPAA-compliant databases, and I was not subjected to a background check.

 

Which is not to say to say that an real employer or project manager would never want to do background checks. But I would be suspicious of somebody posting a job on Upwork and asking for this.

The only thing he has asked for are my birthday and two references.

I know all about HIPAA.  I worked in a hospital Medical Records Department for 13 years,  Its also about how Patient Information is released. And the position is talking with patients and dealing with their health information.

 

Just as a footnote, the Client seems legit, he mentioned in his messages to me, about doing their training through the Upwork System.


@Preston H wrote:

 

Which is not to say to say that an real employer or project manager would never want to do background checks. But I would be suspicious of somebody posting a job on Upwork and asking for this.


 If the OP of this thread is going to be dealing directly with patients on the phone, and also seeing their medical data, then it sounds like this background check is legit in general.

 

But I am curious as to why you think it's odd for someone to do this on Upwork? That's why I got into this thread, cause I figure when these pop up in my feeds (sometimes) I can flag em, or not?

 

Sidenote: I think the client is new-ish. Maybe they just don't understand how to hire a freelancer for this? Or that it might be a little odd?

re: "If the OP of this thread is going to be dealing directly with patients on the phone, and also seeing their medical data, then it sounds like this background check is legit in general."

 

I agree.

 

So, am I getting the consensus that you guys think its okay to go ahead and give him the information?

 

 

Has the client hired you?

 

Does the client have a verified payment method?

 

Does the client have a decent record on Upwork?

 

 

The Client has sent me an offer through Upwork, but is a new client and does have a verified payment method.

re: "But I am curious as to why you think it's odd for someone to do this on Upwork? That's why I got into this thread, cause I figure when these pop up in my feeds (sometimes) I can flag em, or not?"

 

No, I do not think it would be appropriate to flag these jobs.

 

I don't think these jobs are violating any Upwork rules.

 

I would be suspicious if a client was asking for inappropriate personal information, such as banking info, or asking for somebody to pay a fee for a background check. I would be suspicious if a client was trying to hire random people on Upwork to work with patient medical data.

 

But the original poster has elaborated on what is going on. What the client in question has asked for does indeed sound legitimate. And the original poster is not a random entry level Upwork contractor, but is somebody with considerable experience in this area.

 

So, yeah, I think the original poster is wise to be cautious, but if she feels like this is a legitimate job, then it sounds like it's okay to proceed...

re: "The only thing he has asked for are my birthday and two references."

 

I think it is safe to provide this information to a legitimate client who wants to do a background check on people who will work with patient medical data.

re: "The Client has sent me an offer through Upwork, but is a new client and does have a verified payment method."

 

Every client is a new client some time.

 

Most scams we see on Upwork do NOT involve clients sending official hire offers through Upwork. They usually try to conduct everything off-site.

 

And she DOES have a verified payment method? These are all good signs.


@Preston H wrote:

re: "The Client has sent me an offer through Upwork, but is a new client and does have a verified payment method."

 

Every client is a new client some time.

 

Most scams we see on Upwork do NOT involve clients sending official hire offers through Upwork. They usually try to conduct everything off-site.

 

And she DOES have a verified payment method? These are all good signs.


Last I saw (i actually looked at the job Deborah has been talking about) the client was new but had hired and paid for one job. If their payment is not currently verified, they proabably are just updating or something.

futur3-t3ch
Member

As an Employer, If I would like to hire a freelancer from Abroad, What documents I should Get signed by that freelancer which can cover our Medical Practice Entity to secure HIPAA policies & Patients PHI (Personal Health Information) except a BAA form? 

 

Muhammad I

Florida, USA.

 

petra_r
Member


@Future T wrote:

As an Employer, If I would like to hire a freelancer from Abroad, What documents I should Get signed by that freelancer which can cover our Medical Practice Entity to secure HIPAA policies & Patients PHI (Personal Health Information) except a BAA form? 

 


 Frankly no matter what you get any freelancer from abroad to sign is literally worth your legal and financial ability to enforce anything at all in a foreign country, which is, in almost every case, a big fat zero.

Having looked at your profile it would appear you are looking to outsource jobs you win from clients. You need to know that you have to have clients' permissions to do so,  in all cases, and categorically must not do so for hourly contracts.

 

I am also questioning your name (you were called "Future" by your parents??) and your location. You are not really where your profile says you are, are you?

I wonder if **Edited for Community Guidelines** (neither of whom this person is the CEO of) are aware of the direct plagiarism going on, or the fact that they are apparently located in Florida, rather than Tennessee or India.  Either way, I've flagged the profile for the plagiarism at least.  UpWork can sort out the rest, and hopefully quickly, considering this has to do with Medical Billing, which is enough of a farce without people faking it.

~I am only here when I can tolerate having my eyes blasted, my privacy treated like a joke, and my temper pushed to it's limit. For all other times, please request alternate contact methods~

re: "As an Employer, If I would like to hire a freelancer from Abroad, What documents I should Get signed by that freelancer which can cover our Medical Practice Entity to secure HIPAA policies & Patients PHI (Personal Health Information) except a BAA form?"

 

Muhammad I/Future T:

 

I have no objection whatsoever to your curiosity about HIPAA and PHI policies.


But you really should understand that there is no way for you to obtain authoritative information about this topic from the Upwork Community Forum.

 

Upwork does not set HIPAA/PHI policies and Upwork Forum participants are not HHS or OCR representatives.

 

Any information you get here may be interesting, helpful, accurate, dangerous or incorrect.

kochubei_valeria
Community Manager
Community Manager

Hi All,

 

A few posts have been removed from this thread as public accusations of misconduct are against the Community Guidelines. If you'd like to report a violation, please do it by flagging a profile or submitting a request to customer support.

 

Thank you.

~ Valeria
Upwork
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