Do therapists need to be HIPAA compliant?

Many therapists and a few professional organizations believe they are exempt from the HIPAA regulations if they do not submit any bills electronically. Therefore, it is highly recommended that all psychotherapists in private practice be HIPAA compliant ASAP, regardless of whether or not they do electronic billing.

Is it ethical to record a therapy session?

A therapist does not have a legal or ethical obligation to allow a client to record sessions. Therefore, it is solely within the therapist’s discretion as to whether to allow recordings of sessions. It can also be used as a way for the client to find reassurance in some of the comments made by the therapist.

Is it ethical for a therapist to treat friends?

For example, it is unethical for a therapist to treat a close friend or relative. It is also unethical for a therapist to have a sexual relationship with a client.

Is therapy over the phone HIPAA compliant?

VoIP phone services are viewed by HIPAA authorities as electronic transmissions. That means that they fall under the HIPAA Security Rule without exception. As such, we are required by HIPAA to: Include our VoIP services in the risk analysis that we perform for HIPAA compliance.

When can a therapist violate HIPAA?

The U.S. Department of Health and Human Services (HHS) published an “interim final” rule on August 24, 2009 that sets forth when and how psychologists and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) must give notice to patients and HHS if they discover that protected health …

What does HIPAA require in counseling?

Counselors, like all mental health professionals, are bound by HIPAA to ensure that clients can talk freely. This allows for counselors to properly do their jobs and bond with their clients. In extreme circumstances, counselors can share concerns with family members, but they won’t share private details with others.

Are phone numbers a HIPAA violation?

No, because although names and telephone numbers are individual identifiers, at the time the individual calls the dental surgery there is no health information associated with them.

What happens when a therapist violates HIPAA?

The criminal penalties for HIPAA violations can be severe. The minimum fine for willful violations of HIPAA Rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. In addition to the financial penalty, a jail term is likely for a criminal violation of HIPAA Rules.

Is there a HIPAA-compliant email for therapists?

A number of programs offer HIPAA-compliant email, and several cater specifically to therapists and medical practices. Premium Gmail/Gsuite is a great option for therapists who like Gmail but who need better security. There is a secure/encrypted email option, but some users find it clunky to use.

What is the Privacy Rule for therapists?

The Privacy Rule, added to this legislation in 2000, set further standards to prevent inappropriate use or disclosure of protected health information (PHI). Importantly, it also: Clarified when therapists and counselors were able to share treatment information with other care providers and a client’s family members.

Is texting a therapist a HIPAA issue?

Many therapists use text as a substitute for email or to communicate quick information about appointments. Texting raises even more serious HIPAA issues than email because texts are readily available on a person’s phone and might not be locked behind a password. This means that anyone with access to the patient’s phone could read the text.

Are psychotherapy notes protected under HIPAA?

Some therapists keep psychotherapy notes, or documentation of their personal thoughts during a session about their client’s progress or condition. These notes are protected under HIPAA. When they are kept separately from the rest of the person’s record, they can remain private in most circumstances.