Understanding and Applying 42 CFR and HIPAA - September 9, 2024

Content
5 modules
Difficulty
Basic
Course Length
6 hours
Instructor
SUMHLC .
Price
$50.00

Description

This training is being supported by:

The Department of Behavioral Healthcare, Developmental Disabilities and Hospitals and the Opioid Treatment Program Health Home Initiative 

This workshop will provide participants with a detailed review of 42 CFR Part 2, a summative overview of HIPAA, and cursory reference to other overlapping and sometimes contradictory confidentiality statutes, healthcare reporting requirements, and data sharing mandates; with a special focus on strategies for resolving ethical dilemmas that may arise when these various regulations contradict one another. This workshop will also include a discussion of the various ways that existing privacy practices have changed and will continue to change as practitioners and provider organizations adjust their practices in response to healthcare reform efforts, and in order to remain compliant with the changes to 42 CFR Part 2 that the United States Department of Health & Human Services, Substance Abuse & Mental Health Services Administration enacted with their January 2017 and January 2018 Final Rule Changes.

 

America’s healthcare system is rapidly evolving, and the boundaries of the traditional treatment system are blurring. Healthcare payment reform efforts, and emerging best-practice standards, have coalesced to expedite the integration of health and behavioral health services and organizations. Across the country, health and behavioral health integration is resulting in the formation of interdisciplinary teams that are dependent on the routine sharing of protected health information (both within an organization and across a healthcare system)in order to meet quality standards and cost benchmarks.  For these interdisciplinary and inter-agency treatment teams to function effectively and achieve the desired outcomes, it will be necessary to reconcile the restrictive nature of 42 CFR Part 2, with the more permissive sharing of protected health information that is an essential feature of population health management.

 

Through a mixture of didactic lecture, audience interaction, and an interactive group exercise, workshop participants will explore the complex ethical, legal and moral issues facing today’s behavioral health workforce as it adapts to these new models of care.

 

Trainer:  Lee Dalphonse, DHA, LMHC, LCDS, CCMHC, CAADC, CCS

 

Continuing Education Credits:

Social Worker CEUs: This training has been approved by the National Association of Social Workers for 6.0 continuing education credits.

Chemical Dependency Professionals CEUs: This training has been approved by the RI Certification Board for 6.0 continuing education credits (The RICB is an IC&RC affiliate).

Mental Health Counselors CEUs:  This training has been approved by the RI Mental Health Counselors Association for 6.0 continuing education credit.

 

Training Level: All Levels, 6-Hours, Confidentiality

 

Domains: 1,2,5,9,11,13,17    

 

 

Objectives

Differentiate the concepts of “Duty to Protect”, “Duty to Warn”, and “Mandated Reporting, and provide an example of each as they relate to behavioral health professionals.
 
Provide examples of ethical dilemmas counselors may face when trying to reconcile confidentiality related State and Federal laws, government regulations, court precedents and professional codes of ethics that at times are contradictory. 
 
Explain how the use of an evidenced-based ethical problem-solving model can assist counselors in resolving confidentiality related ethical dilemmas in a legally defensible manner.
 
Describe the meaning of the term “privileged communication” and explain how it relates to the counseling profession nationally as well as on a state level.
 
List the elements of an Informed Consent Discussion that must be present in order for the consent to meet the legal test of being both “informed” and “voluntary”.
 
Explain how the legal concepts of “presumption”, “capacity as a matter of law” and “capacity as matter of functioning” relate to informed consent discussions.
 
List the exceptions noted in Code of Federal Regulations, 42 CFR Part 2 (Confidentiality of Substance Use Disorder Patient Records), Revised January 2017 in which an individual may be identified directly or indirectly as an alcohol or drug treatment patient.
 
Explain the primary objectives of Title I and Title II of HIPAA (Health Insurance Portability and Accountability Act).
 
Describe how the Final Omnibus Rule Update to HIPAA impacts the Business Associates of Covered Entities and how it changes the burden of proof when a privacy breach occurs.
 
Describe the three different Patient Choice Models Health Information Exchanges (HIE’s) select from when enrolling patients, and explain how HIPAA and 42 CFR Part 2 differ in terms of a patent’s right to consent to HIE practices.
 
Provide examples of client related information that falls into each of the three categories of documentation (recordings, clinical case notes and administrative records) included in HIPAA’s definition of Protected Health Information (PHI).
 
Explain the relationship between a consent to treat discussion, an organization’s Notice of HIPAA Privacy Practices, and the sharing of protected health information across traditional program and agency boundaries.
 
Describe ways in which the privacy practices of behavioral health organizations are being shaped by the Affordable Care Act, Meaningful Use Stage 2 standards, and the HITECH Act.
 
Provide examples of existing and emerging technologies that have the potential to both transform care delivery and place practitioners at risk of  violating HIPAA Privacy  and security standards.
 
Describe safeguards that covered entities and practitioners can take to evaluate and mediate the risk of a HIPAA violation when considering the deployment of a new technology.
 

Learning Credits

CEU
6.0
1.
Pre-test
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2.
Handout(s)
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3.

Understanding and Applying 42 CFR and HIPAA - September 9, 2024

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Post-test
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5.
Training Evaluation
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