Do I need to know who your doctor is?

[April Smith]

Do i need to know who you doctor is?

[QUOTE=ToledoEd;167945]Are we subject to the HIPPA regulations as tax preparers?

Every doctor, receptionist, nurse manager, is sworn to silence regarding a patient. I once was asked for my address. My X had an appointment 15 minutes later. My If I pose a question regarding my health, and you refer me to a doctor, they divulged the info. It is not my place to ask this to prepare taxes!

[April Smith]

Do I need to know who your doctor is?

[QUOTE=April Smith;167957][QUOTE=ToledoEd;167945]Are we subject to the HIPPA regulations as tax preparers?

Every doctor, receptionist, nurse manager, is sworn to silence regarding a patient. I once was asked for my address about twenty years ago. My X had an appointment 15 minutes later with the same doctor. Imagine my horror. He tried to kill me. Now he had my address. How much are we to ask of our FREE people under the Constitution of the United States?

My If I pose a question regarding my health, and you refer me to a doctor, you divulged the info. It is not my place to ask this to prepare taxes! I do not believe our founding fathers would have ever imagined we would have come to this. I am quite dis-heartened, befuddled, and very sick with the question.

I apologize if you are offended. I stand firm that who your doctor is, is none of my business!

[David1980]

I apologize if you are offended. I stand firm that who your doctor is, is none of my business!

I don't see anyone disagreeing with you.

[Bees Knees]

There is one possible explanation for this, since April seems to not be able to fill us in on the details.

There are a number of companies out their getting into the Navigator business. A Navigator is a new profession that came about as a result of the Health Insurance Exchange (Marketplace). Obama Care was intended to make buying insurance easy. Go to this website, compare prices, and select your coverage without the hassle of seeing an insurance agent or getting pressured into buying something from an insurance company. The Marketplace is in essence an online health insurance store where you can pick and choose from a variety of products.

Of course not everyone is good with navigating Internet Websites, and since having insurance is mandatory, the government introduced this new Navigator status for individuals who go through some kind of certification program and are now qualified to help individuals "navigate" the Marketplace to purchase health insurance. TheTaxBook Health Care Edition on page 2-8 has information on this.

So what does this have to do with us tax professionals?

Well, some of these companies that are certified as Navigators have contacted organizations in the tax preparation business to partner with tax preparers. Their intent is to get tax preparers to recommend the services of a Navigator when the tax preparer has a client who needs health insurance.

And since buying health insurance on the Marketplace means you have to know whether or not your preferred doctor is participating in a particular health plan offered through the Marketplace, the Navigator needs to ask your client: "Who is your health care provider." Without knowing that, the Navigator can't help the individual purchase the right insurance policy.

So lets put 2 + 2 together. Big chain tax prep company has tax preparers ask "Who is your health care provider." Tax preparer doesn't know the relevance for the question. Big chain tax prep company then turns that info over to a Navigator (for a referral fee), and Navigator now is able to help the tax client buy an insurance policy.

If that is what is going on, there has to be a consent by the tax client ahead of time before engaging the tax preparer for the tax preparer to even ask the question. Without proper consent, the tax preparer asking the question is in violation of the disclosure rules. I would think if this is what is going on in this case, big chain tax prep company should make sure their tax preparers know about this referral arrangement and the requirement for the tax client to sign the consent form before starting the tax engagement. TheTaxBook Health Care Edition has a blank consent form that can be used for this purpose on page 2-10.

[ATSMAN]

From Healthcare.gov

Navigator

An individual or organization that's trained and able to help consumers, small businesses, and their employees as they look for health coverage options through the Marketplace, including completing eligibility and enrollment forms. These individuals and organizations are required to be unbiased. Their services are free to consumers.

I am not trained to help consumers choose health insurance plans. I refer them to my state exchange!

I do ask do you have insurance? Do you have your insurance cards? I do make a photocopy of the insurance card.

I know many states have licensing and registration requirements to act as a Navigator. So unless you qualify in your state it would be very dangerous for us humble tax return preparers to act like a navigator!

[Bees Knees]

Their services are free to consumers.

It may be free to the consumer, but the Navigator gets paid via federal grant funds.

There are also Non-Navigator Assistance Personnel, Certified Application Counselors, as well as insurance agents, brokers, and other types of assisters.

ALL would love the intelligence gathering we do as tax preparers. Who needs insurance? I know, because I do their tax return.

It can be very temping for a franchise tax prep business to partner with one of these organizations and collect referral fees for tax clients who need insurance.

[April Smith]

Do I need to know who your doctor is?

In no way or fashion is any franchise office that I work for looking to take advantage of the "Affordable" HealthCare act. I tried to get educated to help my clients and possibly work longer than Jan 15 to Apr 15. As I said earlier...I got nothing but a run around. I even let clients use an unoccupied computer to log on to my.ny.gov. The system was DOWN. Just how was I to reply?...To bad for you? I want the proper training to help any and every person that must surrender to this law.

It may be free to the consumer, but the Navigator gets paid via federal grant funds.

There are also Non-Navigator Assistance Personnel, Certified Application Counselors, as well as insurance agents, brokers, and other types of assisters.

ALL would love the intelligence gathering we do as tax preparers. Who needs insurance? I know, because I do their tax return.

It can be very temping for a franchise tax prep business to partner with one of these organizations and collect referral fees for tax clients who need insurance.

[dtlee]

There is one possible explanation for this, since April seems to not be able to fill us in on the details.

There are a number of companies out their getting into the Navigator business. A Navigator is a new profession that came about as a result of the Health Insurance Exchange (Marketplace). Obama Care was intended to make buying insurance easy. Go to this website, compare prices, and select your coverage without the hassle of seeing an insurance agent or getting pressured into buying something from an insurance company. The Marketplace is in essence an online health insurance store where you can pick and choose from a variety of products.

Of course not everyone is good with navigating Internet Websites, and since having insurance is mandatory, the government introduced this new Navigator status for individuals who go through some kind of certification program and are now qualified to help individuals "navigate" the Marketplace to purchase health insurance. TheTaxBook Health Care Edition on page 2-8 has information on this.

So what does this have to do with us tax professionals?

Well, some of these companies that are certified as Navigators have contacted organizations in the tax preparation business to partner with tax preparers. Their intent is to get tax preparers to recommend the services of a Navigator when the tax preparer has a client who needs health insurance.

And since buying health insurance on the Marketplace means you have to know whether or not your preferred doctor is participating in a particular health plan offered through the Marketplace, the Navigator needs to ask your client: "Who is your health care provider." Without knowing that, the Navigator can't help the individual purchase the right insurance policy.

So lets put 2 + 2 together. Big chain tax prep company has tax preparers ask "Who is your health care provider." Tax preparer doesn't know the relevance for the question. Big chain tax prep company then turns that info over to a Navigator (for a referral fee), and Navigator now is able to help the tax client buy an insurance policy.

If that is what is going on, there has to be a consent by the tax client ahead of time before engaging the tax preparer for the tax preparer to even ask the question. Without proper consent, the tax preparer asking the question is in violation of the disclosure rules. I would think if this is what is going on in this case, big chain tax prep company should make sure their tax preparers know about this referral arrangement and the requirement for the tax client to sign the consent form before starting the tax engagement. TheTaxBook Health Care Edition has a blank consent form that can be used for this purpose on page 2-10.

Thanks, Bees.

I have to agree with you. There must be a signed consent to use before any use of any taxpayer information is used for any purpose other than what is prescribed by law or in the regulations. I was told that one big chain that uses a signature pad allows its preparers to get the signature once and simply apply it to any and all documents that they wish to have signed. Obviously, this is not following the intent of the law, but they can then argue that they received prior signed consent to use or disclose anything they want. As noted here and elsewhere, the IRS has not been active in enforcing the rules of §7216 and with the budget cuts, I wonder if the abuse will ever stop.

[ATSMAN]

>>> I was told that one big chain that uses a signature pad allows its preparers to get the signature once and simply apply it to any and all documents that they wish to have signed.

One good reason not to sign using an electronic pad!
I still sign the old fashioned way using a ball point pen.

I know we all hate signing a few dozen documents individually at the closing of a real estate transaction, but there is a good reason for that I suppose.

[April Smith]

Do I need to know who your doctor is?

Please forgive me. I did not read this response before my last post. I find it extremely frustrating to be questioned when I can not answer. Perhaps, even though a tax preparer, my clients and individuals refered to me would know that their information is so personal and CONFIDENTIAL that I would not disclose it to God! I want to work yet I can not be properly trained. My tax office has nothing to do with insurance companies. This I was able to discern through my research. How does that make me, or any other tax preparer, a bandit?

There is one possible explanation for this, since April seems to not be able to fill us in on the details.

There are a number of companies out their getting into the Navigator business. A Navigator is a new profession that came about as a result of the Health Insurance Exchange (Marketplace). Obama Care was intended to make buying insurance easy. Go to this website, compare prices, and select your coverage without the hassle of seeing an insurance agent or getting pressured into buying something from an insurance company. The Marketplace is in essence an online health insurance store where you can pick and choose from a variety of products.

Of course not everyone is good with navigating Internet Websites, and since having insurance is mandatory, the government introduced this new Navigator status for individuals who go through some kind of certification program and are now qualified to help individuals "navigate" the Marketplace to purchase health insurance. TheTaxBook Health Care Edition on page 2-8 has information on this.

So what does this have to do with us tax professionals?

Well, some of these companies that are certified as Navigators have contacted organizations in the tax preparation business to partner with tax preparers. Their intent is to get tax preparers to recommend the services of a Navigator when the tax preparer has a client who needs health insurance.

And since buying health insurance on the Marketplace means you have to know whether or not your preferred doctor is participating in a particular health plan offered through the Marketplace, the Navigator needs to ask your client: "Who is your health care provider." Without knowing that, the Navigator can't help the individual purchase the right insurance policy.

So lets put 2 + 2 together. Big chain tax prep company has tax preparers ask "Who is your health care provider." Tax preparer doesn't know the relevance for the question. Big chain tax prep company then turns that info over to a Navigator (for a referral fee), and Navigator now is able to help the tax client buy an insurance policy.

If that is what is going on, there has to be a consent by the tax client ahead of time before engaging the tax preparer for the tax preparer to even ask the question. Without proper consent, the tax preparer asking the question is in violation of the disclosure rules. I would think if this is what is going on in this case, big chain tax prep company should make sure their tax preparers know about this referral arrangement and the requirement for the tax client to sign the consent form before starting the tax engagement. TheTaxBook Health Care Edition has a blank consent form that can be used for this purpose on page 2-10.

[dtlee]

Please forgive me. I did not read this response before my last post. I find it extremely frustrating to be questioned when I can not answer. Perhaps, even though a tax preparer, my clients and individuals refered to me would know that their information is so personal and CONFIDENTIAL that I would not disclose it to God! I want to work yet I can not be properly trained. My tax office has nothing to do with insurance companies. This I was able to discern through my research. How does that make me, or any other tax preparer, a bandit?

The comments from Bees were not specific to you personally. You indicated that you work for a franchise so you may not be doing anything illegal and you probably have no use for the data personally. No one is accusing you of being a bandit. You are asking the questions and we are just attempting to answer.

When I worked for a major firm, that firm (not me) shared information with mortgage companies, insurance companies, mortgage insurance companies, financial planning organizations, law firms and who knows who else in the world, getting a small but apparently lucrative finders fee for all of the names they supplied. This is no longer legal without prior signed consent (though as I indicated, there are apparently ways they have devised to circumvent the rules).

I believe what Bees was saying that since this information has absolutely no purpose for preparing a tax return, there could be some non-tax return purpose for it. If there is information that you are gathering during a tax return preparation engagement which is used for some purpose other than completing a federal tax return, the associated state tax return(s) or any estimated taxes for the following year (and a few other specific uses outlined in the code and regulations), there must be a signed consent by the taxpayer to allow the use of this information for the purpose stated on the signed consent form. This form must be signed before the return is completed and before any such use occurs.

I still think that the wording of the question is wrong and that it was intended to be what I posted earlier. I generally assume total ineptitude and incompetence on the part of management first before assuming any ulterior motive exists. If you believe that the management of the franchiser and franchisee knows what they are doing, then I am totally in sync with Bees.

[Lion]

If your job is causing you this much stress before half of January is over, then please, please go get another job. It's tax season, so any number of firms of all sizes need seasonal help from an trained and ethical preparer. Or, maybe someplace like McDonald's would be better than working for a boss who wants you to question clients in a manner you cannot explain. And, you might want to apply as a navigator and get trained; the enrollment period goes through 15 February, so there's probably still a need for that service. Get out of that company before you make yourself sick.

[Bees Knees]

Health Insurance Police

I still think that the wording of the question is wrong and that it was intended to be what I posted earlier. I generally assume total ineptitude and incompetence on the part of management first before assuming any ulterior motive exists. If you believe that the management of the franchiser and franchisee knows what they are doing, then I am totally in sync with Bees.

I happen to know first hand of a few companies contacting tax preparation organizations wanting to partner with them for the sole purpose of assisting our tax clients with signing up for health insurance. I would never get involved with this, but I know others are being tempted.

The fact is, there are a lot of salespeople out there who would love to have the intelligence we gather on our tax clients. Everyone knows that people tell their tax preparer stuff they would never tell anyone else. And now that we have to take on this new roll as the health insurance police, we have all kinds of new sales people trying to buddy up with us and get us to turn over our data.

[dtlee]

I happen to know first hand of a few companies contacting tax preparation organizations wanting to partner with them for the sole purpose of assisting our tax clients with signing up for health insurance. I would never get involved with this, but I know others are being tempted.

The fact is, there are a lot of salespeople out there who would love to have the intelligence we gather on our tax clients. Everyone knows that people tell their tax preparer stuff they would never tell anyone else. And now that we have to take on this new roll as the health insurance police, we have all kinds of new sales people trying to buddy up with us and get us to turn over our data.

I know.

I have had clients tell me things in confidence that I knew they were not even telling their children. Their children would likely have been willing to pay me for this information.

[beck]

Not unless you are asking medical questions?

NATP has a great checklist that you can use with your client.

Thank you ATSMAN for the reference to the NATP ACA checklist. That will definitely come in handy.

Beck