Workshop: HIPAA and Telemedicine

Questions to be answered in the Zoom workshop:

1. Are patients required to sign a consent form?

2. Do I have to conduct telehealth through a special platform?

3. Can I use text messaging or my smartphone to discuss a patient’s personal medical information?

4. What should a patient’s paperwork include to meet the minimum Privacy and Security Rule standards?

5. What is HITECH?

6. My patient’s information is stored in the cloud. Is there anything special I need to do to remain compliant?

7. Why is HIPAA’s Security Rule important?

8. Can I be reported to the Federal Trade Commission as well as the Office of Civil Rights for Security Rule violations?

Case Studies:

Case #1. Dr. Blues meets with her patient, Arnold, once per month via telehealth. The meetings are conducted over Zoom, with Arnold’s assigned caseworker from his FSP program present at the monthly appointments. These appointments have been held in Arnold’s apartment since Los Angeles County’s 1,122-day COVID-19 lockdown. Arnold, diagnosed with Paranoid Schizophrenia, is on a medication regimen that effectively manages his internal stimuli, such as the feeling of bugs crawling over his body, hearing command voices, hyperactivity, and the need for loud rock music playing from 1:00 to 5:00 a.m. However, Arnold has not spoken with Dr. Blues in 13 months because he says, "I don’t like speaking to a TV." Dr. Blues prescribes his medication through a pharmacy that express mails it to Arnold.

Arnold has been non-compliant with his medication for the past eight months, and his symptoms have returned, reaching a severity level of 8 out of 10. As a result, Arnold has lost his job, is unable to hold a conversation for more than a few minutes, has become a social recluse, lost his apartment of six years, and now wanders the streets at night due to his mental illness symptoms.

Question: Are the telehealth services meeting legal compliance standards?

Case Scenerio #2: Participants are encouraged to present a case (without disclosing PHI).

Facilitator: Danielle Kelley

Expertise: University of Southern California-trained psychotherapist, practicing from 1993-2008. Holds a Master of Science in Jurisprudence from Seton Hall Law School, specializing in Healthcare Law, including Patient Rights, Minor Rights, and HIPAA. Also holds five certifications focused on HIPAA and is a Patient Rights Advocate under the LPS Act.