2 Legal-Ethical CE Credit Hours on what you need in your mental health practice in 2023
Regulatory Changes & Their Implications: What You Need to Know to be in Compliance for a Legal-Ethical Mental Health Practice
Join Eric Ström, JD PhD LMHC as he discusses the legal-ethical considerations of modern communication channels and context of real world practice and client needs.
2 legal-ethical CE credit hours
On demand self study
On Demand Self Study
Gain an understanding of how to strategically implement the changes in 2023 through policy and procedure, and technology updates in YOUR clinical practice.
It was an excellent training. Thank you for making these complex subjects understandable for us all!
Who is this event for?
This course is designed for solo practitioners, group practice leaders, and group practice clinical staff members. It is also suitable for practices which consist of 100% in-person, 100% telehealth, or a mixture of in-person and telehealth treatment.
In-person Practices
Hybrid Practices
Teletherapy Only Practices
Protected Information
Describe the Information Blocking Final Rule’s definition of what constitutes Electronic Health Information (EHI) and how that relates to HIPAA’s definition of Protected Health Information (PHI)
HIPAA Compliance
Identify the key changes in the HIPAA Privacy Rule pertaining to Rights of Access, permitted uses and disclosures of Protected Health Information, and expanded definition of healthcare operations
Procedural Updates
Assess what operational and policy and procedure updates are necessary to comply with the new HIPAA Privacy Rule requirements in-practice
Information Blocking
Evaluate what changes to release of records and EHI/PHI access granting processes are necessary to avoid committing Information Blocking
Good Faith Estimates
Assess how to update the provision of Good Faith Estimates to be in compliance with the No Surprise’s Act
Protected Information
Explain the practical implications of HHS’ Guidance on How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth
The proposed changes to the HIPAA Privacy Rule, new guidance and clarification from Health & Human Services regarding telephone service and remote communication technologies under the HIPAA Security Rule; the Final Rule of the Information Blocking Rule of the 21st Century Cures Act having recently gone into effect, and a forthcoming rule from CMS under the No Surprises Act, each require meaningful practical application by mental health practitioners to be in compliance with their requirements.
PCT IS MY GO TO RESOURCE for my new fully Teletherapy practice. You all continue to impress on the comprehensive and up-to-date, not to mention user-friendly tools and information you provide to therapists etc like myself.
Course Details
This 2 hour law & ethics seminar is designed to present an overview of these impactful regulatory changes and laws for counseling psychologists, clinical social workers, counselors, and marriage and family therapists. These legal and regulatory requirements will be situated in the context of how they pertain to standard of care, quality of care, and client rights. In particular, we will discuss how to comply with their requirements in-practice. Participants will gain an understanding of how to strategically implement the requisite changes through policy and procedure, and technology updates in their clinical practice.
Title: Regulatory Changes & Their Implications: What You Need to Know to be in Compliance for a Legal-Ethical Mental Health Practice
Authors/Presenters: Eric Ström, JD PhD LMHC
CE Length: 2 CE hour
Legal-Ethical CE Hours: 2 legal-ethical CE hour
Educational Objectives:
- Identify the key changes in the HIPAA Privacy Rule pertaining to Rights of Access, permitted uses and disclosures of Protected Health Information, and expanded definition of healthcare operations
- Assess what operational and policy and procedure updates are necessary to comply with the new HIPAA Privacy Rule requirements in-practice
- Describe the Information Blocking Final Rule’s definition of what constitutes Electronic Health Information (EHI) and how that relates to HIPAA’s definition of Protected Health Information (PHI)
- Evaluate what changes to release of records and EHI/PHI access granting processes are necessary to avoid committing Information Blocking
- Assess how to update the provision of Good Faith Estimates to be in compliance with the No Surprise’s Act
- Explain the practical implications of HHS’ Guidance on How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth
Syllabus:
HIPAA Privacy Rule
- Overview of the HIPAA Privacy Rule
- Outline the most impactful proposed/upcoming changes for mental health care providers
a. Changing the maximum time to provide access to PHI from 30 days to 15 days.
b. Covered entities will be permitted to make certain uses and disclosures of PHI based on their good faith belief that it is in the best interest of the individual.
c.The addition of a minimum necessary standard exception for individual-level care coordination and case management uses and disclosures, regardless of whether the activities constitute treatment or health care operations.
d. The definition of healthcare operations has been broadened to cover care coordination and case management.
e. The requirement for HIPAA-covered entities to obtain written confirmation that a Notice of Privacy practices has been provided has been dropped.
f. Covered entities will be allowed to disclose PHI to avert a threat to health or safety when harm is “seriously and reasonably foreseeable.” The current definition is when harm is “serious and imminent.”
g. The Armed Forces’ permission to use or disclose PHI to all uniformed services has been expanded.
3. In–practice changes to be in compliance with Privacy Rule Changes
21st Century Cures Act Information Blocking Rule
1. Overview of the Information Blocking Rule
2. Outline the Final Rule’s definition of Electronic Health Information (EHI) and how it relates to HIPAA’s definition of Protected Health Information (ePHI)
3. How to comply with the Information Blocking RuleNo Surprises Act
1. Overview of the No Surprises Act
2. How to provide Good Faith Estimates to be in compliance with the No Surprises ActThe HIPAA Security Rule as it applies to telephone service and remote communication technologies
1. Overview of HHS’ updated guidance and its implications
2. HIPPA-secure phone service and remote communication technologies that facilitate compliance with the HIPAA Security Rule requirements as they apply to these technologies
Meet Our Presenters
Presented by Eric Ström, JD PhD LMHC
Eric Ström JD PhD LMHC is an attorney and Licensed Mental Health Counselor in Seattle, Washington. As an attorney, Eric provides legal counsel, consultation, and guidance to mental health professionals. Eric’s counseling practice is focused on providing counseling services to combat veterans as well as providing supervision and consultation to other clinicians. Eric currently serves on the American Mental Health Counselors Association Ethics Committee, and is the ethics advisor for the Washington Mental Health Counselors Association. Eric has taught a range of courses in counseling and professional ethics at a variety of graduate and undergraduate programs.
Eric earned a PhD in Counselor Education and Supervision at Oregon State University, a Master of Arts Degree in Counseling Psychology from the Northwest School of Professional Psychology at Argosy University Seattle, graduated cum laude from Wayne State University School of Law in Detroit Michigan, attended the Hague Academy of International Law in the Hague Netherlands, and received a Bachelor of Arts degree in Linguistics from the University of Michigan.
Additional Information
Citations:
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- American Psychological Association. (2022, October 12). No surprises act: CMS looks for input on good faith estimate requirements. https://www.apaservices.org. Retrieved December 19, 2022, from https://www.apaservices.org/practice/legal/managed/no-surprises-act-good-faith
- Cures Act Final Rule: Changes and clarifications from the proposed rule … (n.d.). Retrieved December 19, 2022, from https://www.healthit.gov/sites/default/files/page2/2020-03/NPRMvsFinalRule.pdf
- Information blocking: Eight regulatory reminders for October 6th. Health IT Buzz. (2022, September 30). Retrieved December 1ith, 2022, from https://www.healthit.gov/buzz-blog/information-blocking/information-blocking-eight-regulatory-reminders-for-october-6th
- (OCR), O. for C. R. (2022, June 10). Guidance: How the HIPAA rules permit covered health care providers and health plans to use remote communication technologies for audio-only telehealth. HHS.gov. Retrieved December 19, 2022, from https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-audio-telehealth/index.html
- The Federal Register. (2022). Requirements Related to Surprise Billing. Retrieved December 19, 2022, from https://www.federalregister.gov/documents/2022/08/26/2022-18202/requirements-related-to-surprise-billing
- US Dept. of Health and Human Services. (2006). HIPAA Administrative Simplification. Washington, DC: Author.
- US Dept. of Health and Human Services. (2013). HIPAA Omnibus Final Rule. Washington, DC: Author.
- US Dept. of Health and Human Services. (2020). Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement. Retrieved December 19, 2022, from https://www.hhs.gov/sites/default/files/hhs-ocr-hipaa-nprm.pdf
- US Dept. of Health and Human Services. (2022). Information Blocking FAQs. Retrieved December 19, 2022, from https://www.healthit.gov/curesrule/resources/information-blocking-faqs
U.S. Department of Health and Human Services. (n.d.). HIPAA privacy rule and its impacts on research. National Institutes of Health. Retrieved December 19th, 2022, from https://privacyruleandresearch.nih.gov/pr_07.asp
Accuracy, Utility, and Risks Statement: This program discusses strategies for complying with HIPAA and some other US Federal rules. It may not include information on all applicable state laws. Misapplication of the materials, or errors in the materials, could result in non-compliance with applicable laws or ethics codes.
Conflicts of Interest: None stated
Commercial Support: None
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