Telehealth Legal Considerations and Compliance

Telehealth is the use of electronic means or technology to provide medical and mental health services by any medical or mental health discipline. It is not a separate medical or mental health services. It is simply a different means through which a practitioner can deliver services that have historically been delivered in person in the medical and mental health field. Telehealth is discipline neutral, meaning that all medical and mental health disciplines can use the technology modality to provide services.

The need for medical and mental health has dramatically increased and, with advances in technology and current health concerns, the use of patient care at a distance has also increased. All age groups and all diagnoses have shown an increase in the need of treatment. With the increased use of telehealth there is an increased need for education concerning legal considerations and compliance during a telehealth appointment.

The research into telehealth has consistently shown it to be an effective delivery system for medical and mental health services. Some studies have even found that telehealth services may actually be preferable to in-person care in certain populations and situations. Children and adolescents and veterans in particular, seem to especially benefit from the use of telehealth. Telehealth is NOT the be-all and end-all in the delivery of therapy. Nor is it for every patient or every practitioner. Clearly, there are limitations. The limitations may be driven by a particular practitioner’s level of skill or confidence in treating certain cases online. This course is to provide education concerning telehealth legal considerations and compliance.

This course brings attention to patient treatment during distancing. The course is designed to provide education on legal considerations and compliance for practitioners who use telehealth.

 

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Learning Objectives:

  • Apply privacy law requirements related to telehealth.
  • Apply state and federal laws directing telehealth practice.
  • Apply HIPAA compliance.
  • Apply the Privacy Rule.
  • Apply the limits of malpractice.
  • Demonstrate appropriate response to security breaches.
  • Demonstrate appropriate response to data loss.
  • Apply setting specified security needs.
  • Conduct technology risk assessments.
  • Understand privacy law requirements related to telehealth.
  • The order of authority between state level and federal regulations.
  • HIPAA understanding and telehealth.
  • HITECH understanding and telehealth.
  • Covered entities under HIPAA.
  • Protected health information definitions.
  • Who can and cannot access protected health information.
  • The role of a privacy officer.
  • The Patient’s Bill of Rights.
  • Understanding business associate agreements.
  • Risks of security breaches.
  • What constitutes a breach.
  • Understanding of the HIPAA security rule.
  • The types of safeguards including technological, administrative, and physical safeguards for risks and threats.
  • The consequences of non-compliance.
  • The ethical responsibility regarding scope of practice.

 

Course Format:

Telehealth Legal Considerations and Compliance Part 1

  • Definition of HIPAA
  • Why is there a need for HIPAA?
  • HIPAA Rules
  • HIPAA Privacy Rule
  • HIPAA Privacy Rule Covered Entities
  • HIPAA Privacy Rule Breach Response
  • HIPAA Privacy Rule Laws Related to Telehealth
  • HIPAA Privacy Rule and Security Rule Training
  • HIPAA Security Rule Officers
  • HIPAA Security Rule Role of Compliance Officer
  • HIPAA Security Rule Role of Security Officer
  • HIPAA Security Rule Role of Privacy Officer

 

Telehealth Legal Considerations and Compliance Part 2

  • HIPAA Security Rule
  • HIPAA Security Rule Administrative Safeguards
  • HIPAA Security Rule Physical Safeguards
  • HIPAA Security Rule Technical Safeguards
  • HIPAA Security Rule Technology Risk Assessment

 

Telehealth Legal Considerations and Compliance Part 3

  • HIPAA Security Rule for Settings
  • HIPAA Omnibus Rule
  • HIPAA Omnibus Rule Business Associate Agreements
  • HIPAA Omnibus Rule Response to Security Breach
  • HIPAA Omnibus Rule HITECH Act
  • HIPAA Breach Notification Rule
  • HIPAA Breach Filing
  • HIPAA Enforcement Rule

 

Telehealth Legal Considerations and Compliance Part 4

  • Order of Authority for Telehealth
  • HIPAA Rules Consequences of Non-Compliance
  • State and Federal Laws in Telehealth
  • Malpractice and Telehealth
  • Patient’s Bill of Rights
  • Scope of Practice Ethical Responsibility

 

Learning Outcomes Conditions:
Complete self-paced certification in its entirety.
Pass all quizzes and final with 80% or better.

Education Hours:
You will receive a completion certificate with 1.5 AMA PRA Category 1 Credits from MedChi The Maryland State Medical Society for this course when all Learning Outcomes Conditions have been met.

Approximate Learning Time: 1.5 – 2.0 hours
This course is online and should take approximately 1.5 – 2.0 hours to complete.