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

CE Credit Hours

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!

Live Attendee, LPC

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.

green check mark  In-person Practices

green check mark  Hybrid Practices

green check mark  Teletherapy Only Practices

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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)

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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

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Procedural Updates

Assess what operational and policy and procedure updates are necessary to comply with the new HIPAA Privacy Rule requirements in-practice

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Information Blocking

Evaluate what changes to release of records and EHI/PHI access granting processes are necessary to avoid committing Information Blocking

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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.

Susan E Cohen LISCW, LMFT, ACSW

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

  1. Overview of the HIPAA Privacy Rule
  2. 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 Rule

    No Surprises Act
    1. Overview of the No Surprises Act
    2. How to provide Good Faith Estimates to be in compliance with the No Surprises Act 

    The 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 Strom, JD 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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