HIPAA Help for Social Workers

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1 HIPAA Help for Social Workers Introduction Social workers are increasingly entering the world of electronic claims transactions as these processes become more prevalent across the health care payment system. Social workers also encounter questions about the application of HIPAA privacy and security standards as they interact with health insurers and other outside entities that request client information for a wide variety of purposes. Client expectations regarding rights and procedures under HIPAA are also increasing as knowledge about the privacy and security standards becomes more available to the general public. Even practitioners with a working knowledge of the HIPAA requirements need to periodically evaluate their compliance program for gaps and any necessary remediation. This Legal Issue of the Month article will review the resources for HIPAA information and compliance available to social workers via NASW and Online Security Compliance Program NASW HIPAA Security Rule Online Compliance Workbook This product provides suggested language in order to complete the documentation, including policies and procedures that practitioners can customize to fit their practice, in order to meet the HIPAA security requirements. When the documents are complete, practitioners can print a final policies and procedures document for their own reference, for distribution to their workforce and/or to show regulators in the event of an audit. Also included are links to compliance resources, including technical resources that provide guidance for securing computers and other devices. Online HIPAA Training Courses HIPAAprof.com Awareness and Compliance Training HIPAA requires training for all entities subject to the regulations, regardless of the size of the organization or number of employees. NASW provides low-cost online training courses specific to social workers, with documentation of completion. Continuing education credit is also available for social workers in many states. This is an efficient means to obtain training quickly and conveniently at any time of day or night. Course materials remain available to the registrants for a full year after purchase. Courses include: HIPAA Basics for Social Workers, Notice of Privacy Practices, Uses & Disclosures of Protected Health Information, Clients Rights, Understanding HIPAA Transactions and Code Sets Standards, and HIPAA Security Basics. These are available for purchase individually or as a package with reduced rates for members. Sample Documents Sample HIPAA Privacy Forms and Policies The HIPAA privacy regulations mandate the use of a HIPAA Notice of Privacy Practices and a HIPAA Authorization Form by practitioners who are subject to the regulations. Additional forms and policies are provided to further social workers compliance with HIPAA requirements. These

2 documents are meant as a basic template, and have been modified to take into account standards of the NASW Code of Ethics, so that in some instances they are more protective of privacy than required by HIPAA. Each form also has an applicable policy document. HIPAA Desk Reference Order form for the NASW LDF HIPAA Desk Reference This guide compiles copies of the primary HIPAA resources available electronically on the NASW Web site including: NASW Sample HIPAA Forms and Policies Small Practice Implementation NASW s HIPAA Presentation Materials NASW Articles and Presentations HIPAA for Social Work Employers and Administrators This Legal Issue of the Month article from NASW s Legal Defense Fund provides an overview of HIPAA issues for employers as sponsors of health plans. National Provider Identifier and the Clinical Social Worker This NASW Practice Update provides basic information about the NPI and its applicability to social workers. An Overview of the HIPAA Medical Privacy Regulations This slide show presentation offers key points regarding the privacy regulations, including the list of covered electronic transactions that trigger HIPAA compliance obligations, mandatory disclosures of protected health information under HIPAA, the HIPAA definition of psychotherapy notes, and client rights under HIPAA. Regulatory Guidelines for Privacy Notices under HIPAA This document from the NASW Legal Defense Fund provides the relevant regulations under HIPAA that specify what must be included in a Notice of Privacy Practices that is provided to clients, and how the notice is to be used. Social Workers and Clinical Notes, Selected Excerpts

3 Excerpts from the NASW Legal Defense Fund Law Note, Social Workers and Clinical Notes, pertaining to the HIPAA privacy regulations are presented in a question and answer format. Topics include the interaction between HIPAA and regulations concerning the release of drug and alcohol treatment records, impact of Supreme Court case law regarding the privacy of social work records, psychotherapy notes, and the interaction state law with the HIPAA provisions. Social Workers and HIPAA Security Standards This Legal Issue of the Month article from NASW s Legal Defense Fund reviews the HIPAA provisions for the security of electronic health information. Social Workers, HIPAA, and Subpoenas This Legal Issue of the Month article from NASW s Legal Defense Fund reviews the HIPAA provisions regarding subpoenas for protected health information and discusses the interaction of HIPAA with state law provisions and the NASW Code of Ethics. Social Workers and Psychotherapy Notes This Legal Issue of the Month article from NASW s Legal Defense Fund reviews the HIPAA privacy provisions specific to psychotherapy notes and discusses the implications for social work practice. An Analysis of Revisions of the Final Federal Medical Privacy Regulations Under HIPAA This Legal Issue of the Month article from NASW s Legal Defense Fund reviews the final amendments to the HIPAA privacy regulations and analyzes the impact on future policy and social work practice. What Social Workers Should Know about the HIPAA Privacy Regulations This NASW Practice Update provides an overview of the requirements of the privacy regulations, including administrative compliance steps. NASW & ASWB Standards for Technology in Social Work Practice This set of standards for the social work profession refers to compliance with HIPAA and state law standards as part of the overall professional obligation to protect clients interests when using electronic and other emerging technologies in the delivery of services. Links to Government and Industry Publications HIPAA 101 (CMS)

4 This document is early an overview of HIPAA regulations from the Centers for Medicare and Medicaid Services. HIPAA Regulation Text This is the complete regulatory text for the Administrative Simplification provisions of the HIPAA regulations, including privacy, security, compliance, penalties, electronic transactions standards and code sets, and national provider identifier requirements. Claredi This Web site provides compliance testing and certification for electronic transactions standards and code sets. Find links to code sets, download free de-identifying software, and obtain guidance about testing electronic transactions. Covered Entity Decision Tools Use this online step-by-step guide to determine if a health care provider, health plan, clearinghouse, or government program is a covered entity under HIPAA. Electronic Healthcare Network Accreditation Commission (EHNAC) The Web site provides a directory of electronic clearinghouses that have been accredited by EHNAC as meeting the requirements of the HIPAA Electronic Transactions Standards. Federal Government Resources addresses, help numbers and Web links for federal sources of information. Frequently Asked Questions about HIPAA This interactive Web page allows users to select a subject category, such as Privacy of Health Information, and review a list of questions and answers from HHS. Users may also submit questions for posting on the FAQ page. HHS Guidance on Privacy Regulations National Provider Identifier (NPI) Online Application NPI Letter to Healthcare Providers from CMS Protecting the Privacy of Patient s Health Information This is a four-page general Fact Sheet describing patients' rights and the responsibilities of health plans, doctors and other covered entities, such as social workers.

5 Sample Business Associate Contract Security Rule Final Text Small Practice Implementation A 52-page guide to implementing HIPAA for small practitioners. Transactions and Code Sets Standards Guidance and downloadable resources from CMS, including the ICD-9 updates. The information contained in this Web site is provided as a service to members and the social work community for educational and information purposes only and does not constitute legal advice. We provide timely information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this Web site and its associated sites. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between NASW, LDF, or the author(s) and you. NASW members and online readers should not act based on the information provided in the LDF Web site. Laws and court interpretations change frequently. Legal advice must be tailored to the specific facts and circumstances of a particular case. Nothing reported herein should be used as a substitute for the advice of competent counsel.-