Law and Ethics
What is providing telehealth services to the extent of the provider's scope of practice in their respective licensing Act consistent with the standards for in-person services
Three ways in which a mental health provider demonstrates professionalism while conducting telehealth services (i.e., in a clinical session)
What is dress, presentation and conduct, arrangement of the physical environment to reflect professionalism, test camera angle, test the strength of internet service, have a plan if service is interrupted, consideration of developing an information sheet for clients that identifies client responsibilities during a telephone or videoconferencing meeting?
The method in which a mental health provider documents telehealth services.
What is the same way you document in-person services and note the location of the session as virtual?
A person or covered entity who performs functions or activities on behalf of, or provides services to a covered entity that involves access by the business associate to protected health information.
What is a Business Associate Agreement (BAA)?
Three areas of client competence or client considerations which must be considered by a clinician when engaging in telehealth services.
What is competency related to the use of technology for clients, verification of identity and physical location of the client at the beginning of each session, and not allowing third parties in the same room during session?
Three ways in which a mental health provider demonstrates professionalism relating to the provision of telehealth services (i.e. before of after the clinical session).
What is having a technology policy, timely and appropriate documentation, and maintaining appropriate boundaries?
Three liability considerations in the context of providing telehealth services.
What are breaches of privacy/ confidentiality, licensure/ practice across state lines/ not in accordance with the rules in the jurisdiction the client is located/ difference in state laws (e.g., duty to warn), and malpractice-breach of the standard of care?
This rule generally requires that covered entities and business associates enter into contracts with their business associates that the business associates will appropriately safeguard protected health information.
What is the HIPAA Rule?
Three areas of clinical competence or professional ethical considerations are required before a mental health professional provides telehealth services.
What is supplemental Informed Consent for telehealth, knowing the physical location of the client, and establishing an emergency protocol?
Two issues to consider when evaluating professional liability insurance in the context of telehealth services.
What is coverage for HIPAA breach/ coverage in relation to scope of practice, and cyber liability coverage?
Three things that should be addressed by your organization's policy regarding devices used to provide telehealth services.
What are security rule safeguards (administrative, physical, technical), covered entity's policy and practices, purpose and what is being transmitted, the nature and extent of the protected health information involved, and transmit the minimum necessary information to achieve the desired purpose?
Steps that a mental health professional should take to ensure confidentiality on each "end" of a telehealth service? (i.e., client location and clinician location)
What are selecting and using an appropriate video-conferencing platform, utilizing a private location, not allowing third parties in the same room as the session, and brainstorming possible ways to establish privacy?
Five specific issues that should be addressed in an informed consent for telehealth services (i.e., relating to the risks and benefits of telehealth)
What are the benefits (continuity of care, less travel time, etc), risks to confidentiality, issues related to technology, crisis management and intervention, and efficacy?
A circumstance in which an Illinois mental health provider can provide services to a client who is located outside of the state.
What is if the provider is licensed in the state the client is located and if authorized to practice in the state through some sort of legal process or legal exception?
The mental health provider's duties to a client who experiences an emergency or crisis while participating in telehealth services.
What are discuss and clarify with the client any necessary emergency protocols at the start of services, clarify the address of the client at each meeting, and have information about local emergency/ crisis services in their geographical location?
Three "safeguards" under the Security Rule.
What are administrative, technical, and physical safeguards for protecting electronic PHI?