The Task Force. The Paperless Future Is Here! Goals & Objectives. Is it really time to go paperless? 7/13/2015

Transcription

1 The Task Force The Paperless Future Is Here! Sandy Bunch VanderPol, FAPR, RMR, CRR, RSA Credentialed Anthony Frisolone, FAPR, RDR, CRR, RSA Credentialed Jason Meadors, FAPR, RPR, CRR Appointed by President Nancy Varallo in 2014 Co-Chairs: Sandy VanderPol, Lotus, CA (appointed 2014) Jim DeCrescenzo, Philadelphia, PA (appointed 2014) Members: Anthony Frisolone, Member Allison Kimmel, Member Jim Woitalla, Member Susan Garvin, Member Board Liaison: Tami Keenan, Immediate Past President Staff Liaison: Irene Cahill, Director, Information Services and Research Goals & Objectives Is it really time to go paperless? Present the report of the task force. Explain how the task force reached its conclusions regarding best practices in the paperless environment. Obtain feedback from the audience. Answers questions. Integrate COPE (Code of Professional Ethics) into this topic. 1

2 Disclaimer Charge #2 THIS BEST PRACTICES DOCUMENT REFLECTS THE OPINIONS OF THE MEMBERS OF NCRA S 2014 PAPERLESS (and approved by the NCRA BOD) FUTURE TASK FORCE AND FOLLOWS THE STATUS OF THE LAW IN MOST JURISDICTIONS. MEMBERS ARE ENCOURAGED TO CONFORM TO THE ACCEPTED PRACTICES SET FORTH IN THIS PUBLIC DOCUMENT TO THE EXTENT THAT SUCH PRACTICES ARE CONSISTENT WITH THEIR OWN APPLICABLE STATE AND LOCAL LAWS, RULES AND REGULATIONS. Create new how-to documents and articles regarding digital and electronic signatures, and make this information available as a NCRA member resource. Charge #2 Digital and Electronic Signatures Definition of Digital Signature: Digital signatures take the concept of traditional paper-based signing and turn it into a digital coded message or fingerprint. This fingerprint is unique to both the document and the signer. The digital signature ensures that the signee is indeed the originator of the message. Changes made after the document is signed are noted. Charge #2 Digital and Electronic Signatures Definition of Electronic Signature: An electronic signature is a representation of a person in the form of a digitized image of his or her handwritten signature. It is typically attached to an electronic document or transaction and can be copied. Taken from Stenograph Corporation website 2

3 What is a Digital Signature? Freelance Reporters Obtain a Digital Signature certificate. Digitally and electronically sign your final transcript in PDF, and send it to the reporting firm. The reporter s certificate page should include the number of pages embodied within the transcript. Freelance Reporters Follow HIPAA procedures when submitting a transcript that is bound by HIPAA regulations. Always use a secure network when backing up your data (HIPAA data) to the cloud. Print the certificate page from the reporter s electronically signed transcript. Provide a secure method for the reporter to electronically deliver the transcript. Notify the reporter if changes/corrections are/may be necessary before sending to the client. Provide the reporter with a digital copy of the deponent s corrections. 3

4 Provide a HIPAA-compliant delivery mechanism to the reporter when submitting transcripts that fall under HIPAA mandates. Always use a secure network when backing up your data (HIPAA data) to the cloud. Official Reporters Obtain a Digital Signature certificate. If you are providing a paperless trial transcript only, discuss with the lawyers whether a digitally-signed PDF transcript file will suffice. Digitally and electronically sign your final transcript in PDF, and send it to the trial attorneys. Are Digital Signatures Legal? Digital Signature articles Digital Signature articles Go to and search for "digital signatures." Just the top three hits: - NCRA Tech CoI: "Digital Signatures" 0c14c541731e.pdf - "Digital Signatures in Plain English" - "Why You Need A Digital Signature Now" And the hits keep coming after that. 4

5 COPE Advisory Opinion #19 Statement of Facts The purpose of this opinion is to guide members regarding certification of hard copy and electronic transcripts as well as the electronic transmission of transcripts. COPE Advisory Opinion #19 The Public and the legal community must have absolute faith in the reporter s certification that the record is true and accurate. No act could undermine the profession more than false certification of a record. When a reporter submits a written record of a proceeding electronically or in any other manner and knowingly allows someone to attach or incorporate a generic pre-signed certificate not specifically prepared for that record, the reporter is abdicating the responsibilities mandated by the Code of Professional Ethics Provisions 3, 4, 5 and 9. COPE Advisory Opinion #19 Finally, the Committee concludes that in addition to the above requirements related to certifying a transcript, every reporter must make a good faith effort to ensure the security of the information contained in a transcript that is electronically transmitted by the reporter. Charge #3 Compile a list of the most common issues surrounding private or sensitive information and work with NCSA to learn more about how redaction is handled on a local level. Once the list is compiled, create best practice solutions for these issues, develop a plan for educating the community, and implement the plan over the year. The discussion should include HIPAA-II compliance and security of the information transmitted via the cloud and third-party vendors. The committee should also consider getting a legal opinion from counsel regarding the impact of HIPAA-II. 5

6 Charge #3 HIPAA What Does it Stand For? Charge #3 - HIPAA Few Federal Rules have created more changes in the court reporting community than the Health Insurance Portability and Accountability Act (HIPAA.) As the nation moves from paper to electronic health records, HIPAA was enacted to standardize certain electronic transactions related to health care. Protecting the privacy of individuals health information is now the responsibility of every entity that comes into contact with that information. Charge #3 - HIPAA HIPAA is a comprehensive Act that includes: A Security Rule (45 CFR 164.3) Breach Notification Rule (45 CFR 164.4) Privacy Rule (45 CFR 164.5) Enforcement Rule (45 CFR ). The details and obligations of these Rules are extensive and beyond the capacity of this Task Force to interpret. Charge #3 - HIPAA Recognizing the complexity of the obligations placed upon court reporters handling Protected Health Information (PHI), NCRA engaged Patton Boggs, LLP to issue a HIPAA Overview & Educational Material for Member Distribution ( ) memorandum. The memorandum can be found at and should guide the actions of court reporters. 6

7 Charge #4 Create a best practices document that addresses the storage and security of electronic court reporter documents (transcripts and exhibits). This should also include metrics for how to prepare for disaster recovery. This applies to freelancers, officials, and firm owners. Freelance Reporters Practice redundant backup for transcript files and exhibits. Back up in four formats: PDF with digital and electronic signatures, ASCII, PDF/A complaint, and a zipped folder of your CAT files steno notes, transcript, case/job dictionary, Brief-It suggestions, user settings, etc. At least one backup option should be in the cloud backup drives can fail. Freelance Reporters Back up often weekly at minimum, or have an automatic cloud backup running in the background. Store your backup drives in a safe and secure place with each drive in a different location. Back up your HIPAA-sensitive transcript files using encryption software. Back up exhibits files, if available, from the firm. Freelance Reporters The writer and its backups should not be the only thing the reporter relies on. Write realtime to an external computer or use a digital record backup. If the writer malfunctions and loses the data, an external backup is the only way to reconstruct it. For highly sensitive depositions, encrypting the computer may be deemed necessary. 7

8 Practice redundant backup for transcript files and exhibits. Back up in four formats: PDF with digital and electronic signatures, ASCII, PDF/A complaint, and a zipped folder of your CAT files steno notes, transcript, case/job dictionary, Brief-It suggestions, user settings, etc. At least one backup option should be in the cloud backup drives can fail. Back up often weekly at minimum or have an automatic cloud backup running in the background. Store your portable backup drives, if used, in a safe and secure place with each drive in a different location. Back up your HIPAA-sensitive transcript files using encryption software. The writer and its backups should not be the only thing the reporter relies on. Write realtime to an external computer or use a digital record backup. If the writer malfunctions and loses the data, an external backup is the only way to reconstruct it. For highly sensitive depositions, encrypting the computer may be deemed necessary. Confirm that your servers meet the minimum security requirements. Provide a link or access of each deposition s digital exhibits to the reporter. Develop and maintain a disaster recovery plan. 8

9 The writer and its backups should not be the only thing the reporter relies on. Write realtime to an external computer or use a digital record backup. If the writer malfunctions and loses the data, an external backup is the only way to reconstruct it. For highly sensitive depositions, encrypting the computer may be deemed necessary. Official Reporters Practice redundant backup for transcript files and exhibits. Back up in four formats: PDF with digital and electronic signatures, ASCII, PDF/A complaint, and a zipped folder of your CAT files steno notes, transcript, case/job dictionary, Brief-It suggestions, user settings, etc. At least one backup option should be in the cloud backup drives can fail. Official Reporters Back up often weekly at minimum, or have an automatic cloud backup running in the background. Store your backup drives in a safe and secure place with each drive in a different location. Create a disaster recovery plan, either together with the entire court reporting staff of the court, or with the Clerk of court, and file the plan with the Clerk of court. COPE (General Guidelines) In making the official record, a Member should: Preserve the shorthand notes in accordance with statute or court order, or otherwise for a period of no less than five (5) years through storage of the original paper notes or an electronic copy of either the shorthand notes or the English transcript of the notes on computer disks, cassettes, backup tape systems, or optical or laser disk systems. 9

10 Charge #5 Paperless Writing Systems & Backups Create a best practices document for reporters who use paperless writing systems. These best practices will help members back up their data in a paperless environment and avoid data loss. Paperless Writing Systems & Backups Steno writing devices should have at least two backup features (one of which can be your computer). The writer s charger should be available during the job, should the battery get low. If not writing realtime to a computer, confirm that the notes have been stored onto one of the writer s backup sources before turning it off. Paperless Writing Systems & Backups Consult the vendor s user manual to know how to back up notes directly from writer to USB thumb drive. Carry additional backup sources, such as SD card(s), USB thumb drive(s), should the one in the writer (or the writer itself) malfunction. Keep and/or transport the backup media separate from the writer. Paperless Writing Systems & Backups Confirm a cloud storage company s policies on encryption and Consult the vendor s user manual to know how to back up notes directly from writer to USB thumb drive. Carry additional backup sources, such as SD card(s), USB thumb drive(s), should the one in the writer (or the writer itself) malfunction. 10

11 Paperless Writing Systems & Backups Charge #1 Keep and/or transport the backup media separate from the writer. Security many popular sites, including Dropbox and GoogleDrive, can decrypt files at any time or reserve the right to use content stored on their sites. Identify both the pros and cons for alternative cost models character count, universal transcript format, and hourly. Based on this information, recommend to the NCRA Board whether or not the Association is the appropriate organization to explore a new model or if it should be left to the states instead. This charge is investigative only based on current models based on current state statutes and the freelance field. 11