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Storm Clouds
By Michael Alan Hamlin
December 15, 2003

Among the bright stars in the e-Services sectors is medical transcription. Like call centers, software development houses, and business process outsourcing service providers, for instance, medical transcription services has been an important generator of jobs for Philippine professionals, and the rate at which jobs are being generated should, judging from market demand, continue to accelerate.

However, there are storm clouds on the horizon. The local medical transcription sector, led by the Medical Transcription Industry Association of the Philippines Inc. (MTIAPI), recently called on the Philippine government, medical transcription services organizations (MTSOs), and Filipino-American business groups to fight forthcoming US legislation intended to ban outsourcing of medical transcription work to countries such as the Philippines.

A petition opposing the legislation was presented last week during the launch of MTIAPI, a non-stock, non-profit group formed by nine Philippine-based MTSOs. Officials of the organization said that if the ban on offshore transcription services becomes law, it will leave thousands of medical transcriptionists and administrative employees without jobs virtually overnight.

"This is why it is important for the government and business sectors to jointly and aggressively advocate the security and reliability of Philippine MT services. This can be done by adopting regulatory policies that will enforce strict compliance with US medical data policies," Terry Peteete, a partner of local MTSO Total Transcription Solutions Services Incorporated and an MT industry analyst for the US and Asia, told me.

The ban on offshore transcription is expected to be introduced by California state senator Liz Figueroa in January. There are reports claiming that she became interested in the legislation as a result of an incident in Pakistan. Apparently, a medical transcriptionist there threatened to disclose and post confidential medical records on the Internet unless she received a higher salary. She never did, and this isolated event seems to be the only reported case in which an MT professional acted unprofessionally.

"This is not an issue of poor quality or mediocre offshore MT services. In fact, the high availability of a qualified labor pool and sophisticated IT infrastructure in the Philippines makes this country an ideal outsourcing site for medical transcription services. But it is urgent to provide the US government, its citizens and MT customers with credible assurance that such an unfortunate and unprofessional incident will not happen here," Peteete said.

As a first-step to making that assurance, MTIAPI is now forming a committee that will request the Philippine House of Representatives and Senate to develop legislation on HIPAA compliance.

Peteete explained that while MTSOs claim to comply with the US Health Insurance Portability and Accountancy Act (HIPAA) of 1996, which outlines the rules for safeguarding medical data, many US-based organizations believe that US medical institutions that outsource their MT work offshore have little or no control over information privacy and security.

"They believe that HIPAA is unenforceable overseas and that outsourcing to an offshore transcription company poses grave risks to patients' employment opportunities and privacy. For example, if medical records are illegitimately posted or distributed online and an employer discovers information regarding the health of an applicant, a job offer may be withdrawn or never made. In terms of privacy, a patient could be discriminated against by his social peers for health reasons. So it's important for countries that offer MT services to develop their own regulations for enforcing full adherence to HIPAA and penalize those who violate it," Peteete explained.

The US MT market - the largest MT outsourcer globally - is valued by experts at US$10 to $16 billion and it is believed to be growing 30% annually, according to the Center for International Trade Expositions and Missions (CITEM).

"Accounting for this growth are the expanding U.S. population, Americans' increasing awareness of the importance of preventative health care, and the fact that 6,700 hospitals have yet to convert their medical records to electronic format to comply with requirements for federal certification," Josephine Briones-Gonzales, CITEM IT services director, told me.

In-house MT services comprise 53% of the U.S. market, and the remaining 47% is outsourced. Peteete said that while there is a need for 230,000 transcriptionists to meet this demand, the availability of US medical transcriptionists is falling at a rate of 10% annually, with an aging workforce whose average age is 50. "As a result, US hospitals are now outsourcing offshore to leverage a sizeable qualified labor pool at cheaper costs."

But not for long, if Ms. Figueroa's bill from becoming law.

(Michael Alan Hamlin is the managing director of consultancy TeamAsia and the author of three books on Asian economies and companies. His latest book is Marketing Asian Places, of which he is a co-author (Wiley, 2001), and he is currently at work on High Visibility: The Making and Marketing of Asian Professionals into Celebrities. Write him at mahamlin@teamasia.com.).

Copyright © 2003 Michael Alan Hamlin. All Rights Reserved.

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