Tips About HIPAA And Confidentiality: Resources and Workshops to Keep Current

In a Nutshell

What is protected? – “Individually identifiable health information that is transmitted or maintained in any form or medium (electronic, oral, or paper) by a covered entity or its business associates, excluding certain educational and employment records” (CDC, 2021). HIPAA established a national standard for protecting sensitive patient health information from being disclosed without the consent and knowledge of the patient. The Law was established to provide high quality healthcare and protect public health and well-being while ensuring that the health information of an individual is properly protected during the processes necessary.

Who Must Adhere to HIPAA? – Healthcare providers who transmit health information electronically, health plans, healthcare clearinghouses, and any business associate that acts on behalf of a covered entity. This includes claims processors, data analysts, utilization reviewers, and billing personnel.

What Disclosures Are Allowed Under HIPAA? – According to the CDC, permitted disclosures include:

• “The individual;
• Treatment, payment, and healthcare operations;
• Uses and disclosures with opportunity to agree or object by asking the individual or giving opportunity to agree or object;
• Incident to an otherwise permitted use and disclosure;
• Public interest and benefit activities such as public health activities, victims of abuse or neglect, decedents, research, law enforcement purposes, and serious threat to health and safety;
• Limited dataset for the purposes of research, public health, or healthcare operations” (CDC, 2021).

What HIPAA Is and Why It Is Important

According to the Centers for Disease Control (CDC), the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that established national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA, and the HIPAA Security Rule protects a subset of information covered by the Privacy Rule. Another privacy-related federal law meant to ensure privacy for educational information is the Family Educational Rights and Privacy Act (FERPA). For practitioners of behavioral health, while it is imperative to know and follow the federal laws and regulations that govern substance misuse and mental health services, the process of learning the laws and regulations – and of keeping current with them – is not always simple or easy. The following infographic illustrates and compares the purposes and goals of FERPA and HIPAA, identifies what information is protected and what information is permitted to disclose, and who must comply with each federal law (CDC, 2018):

Two ways to keep current with developments in the field are to attend regular professional development opportunities and, as they become available, read materials that are developed to keep behavioral health and substance misuse providers up to date on this important topic. Both strategies are important to repeat as laws and policies may be clarified or interpreted for new environmental conditions such as evolving technologies such as telehealth.

Upcoming Professional Development Opportunities

Confidentiality and HIPAA: Live Online Webinar – May 3, 2022 | 9:00 am -12:00 pm (PST): The webinar will cover Federal Drug and Alcohol Confidentiality Law (42 CFR Part 2) and the Health Insurance Portability And
Accountability Act (HIPAA). The training will provide information on which programs must comply with Federal Privacy Laws and under which circumstances, and to understand the interplay between the Federal Laws Governing Confidentiality Substance Use Treatment Patient Records and the Health the Health Insurance Portability and Accountability Act (HIPAA). Additionally, Nevada specific Privacy Laws will be explored and reviewed in light of Federal Privacy requirements. Finally, a summary of recent revisions to the Federal Laws will be reviewed.

Presented by: Mark Disselkoen, MSSW, LCSW, LCADC – Continuing Education Units (CEUs): 3

Confidentiality & Privacy for Behavioral Health Providers -SELF-PACED ONLINE – Presenter: Mark Disselkoen, MSSW, LCSW, LCADC – This online video course will cover Federal Drug and Alcohol Confidentiality Law (42 CFR Part 2) and the Health Insurance Portability And Accountability Act (HIPAA). The training will provide information on which programs must comply with Federal Privacy Laws and under which circumstances, and to understand the interplay between the Federal Laws Governing Confidentiality Substance Use Treatment Patient Records and the Health the Health Insurance Portability and Accountability Act (HIPAA). Additionally, Nevada specific Privacy Laws will be explored and reviewed in light of Federal Privacy requirements.  Finally, a summary of recent revisions to the Federal Laws will be reviewed.

Continuing Education Units (CEUs): This training is approved for 6 CEUs

Crossing Professional Boundaries for Rural and Frontier Clinics: SELF-PACED ONLINE – Presenter: Jennifer Ross, PhD, MFT – Behavioral health professionals often cross professional boundaries because they fail to recognize the boundaries as they arise or fail to realize the impact of crossing those boundaries. At the conclusion of this workshop clinicians will be able to: identify professional boundaries in the clinician/client relationship, understand the consequences of crossing boundaries that lead to ethical violations, evaluate relationships on multiple levels to avoid crossing boundaries, understand the pitfalls of bartering arrangements, and understand the risks of working with clients that are family or friends. Through an examination of case studies, we’ll discover how to distinguish the line between crossing professional boundaries and sound practice.

Continuing Education Units: 2 CEUs

Confidentiality and HIPAA – SELF-PACED ONLINE COURSE – Fri Jan 01, 2021 – Fri Dec 31, 2021 – Presented by: Mark Disselkoen, MSSW, LCSW, LCADC – This training will cover federal and Nevada​ specific rules of confidentiality with an emphasis on practical solutions to real problems. ​The course will also address SAMSHA’s clarification of 42 CFR Pt. 2 and issues with telehealth, consent, etc. By the end of this training, participants will: understand the proper consent for release of information, be aware of the procedure to respond to a subpoena and understand the important exceptions to the rules. Additionally, LADC counselors, social workers and other professionals will understand how to apply their organization’s policy as well as individual policy in their practice.

Continuing Education Units (CEUs): This training is approved for 3 CEUs

Resources containing substantial information about HIPAA and Confidentiality – Many of the current resources are designed for a certain purpose or context and resources may come from different perspectives. For simplicity, resources are listed by agency and item, with a brief description and a link.

CASAT OnDemand Resources:

Confidentiality and HIPAA Learning Lab – This CASAT OnDemand Learning Lab has a wealth of information and resources for diving deep into the topic of HIPAA and Confidentiality.

Catalyst Blog Posts:

• HIPAA At a Glance
• What We Know So Far About the Impact of COVID-19 on Behavioral Health and Services

Centers for Disease Control and Prevention (CDC)

SAMHSA Resources

Fact Sheets regarding the Substance Abuse Confidentiality Regulations:

• Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me? (PDF | 1.5 MB) – This fact sheet explains a 42 CFR Part 2 Program and how healthcare providers can determine how Part 2 applies to them.
• Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data? (PDF |1.7 MB) – This fact sheet describes how 42 CFR Part 2 applies to the electronic exchange of healthcare records with a Part 2 Program.
• Frequently Asked Questions (FAQs) about Applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE) – This information answers often asked questions for information only.

• Transition to ICD-10: What it Entails and Why It’s Important to Behavioral Health Providers – This fact sheet answers common questions for behavioral health treatment and service providers about the International Classification of Diseases, 10th Edition (ICD-10) code sets.

Treatment Improvement Protocol (TIP) and Technical Assistance Publication (TAP) Manuals:

• TIP 60: Using Technology-Based Therapeutic Tools in Behavioral Health Services – These manual assists clinicians with implementing technology-assisted care. It highlights the importance of using technology-based assessments and interventions in behavioral health treatment services. The manual also discusses how technology reduces barriers to accessing care.
• TAP 21: Addiction Counseling Competencies The Knowledge, Skills, and Attitudes of Professional Practice – This guide enhances the competencies of substance use disorder treatment counselors. It discusses patient assessment and screening, treatment planning, referral, service coordination, counseling, family and community education, and cultural competency.
• TAP 21-A: Competencies for Substance Abuse Treatment Clinical Supervisors – These manual lists competencies for effective supervision in substance use disorder treatment programs. It provides step-by-step guidance for implementing comprehensive supervisory training and workforce development.
• Treatment Improvement Protocol (TIP) 33: Treatment for Stimulant Use Disorders – This updated TIP reviews what is known about treating the medical, psychiatric, and SUD-related problems associated with the use of cocaine and methamphetamine, as well as the misuse of prescription stimulants. The TIP offers recommendations on treatment approaches and maximizing treatment engagement and retention, and strategies for initiating and maintaining abstinence.
• TIP 52: Clinical Supervision and Professional Development of the Substance Abuse Counselor – This manual presents guidelines for clinical supervision in the substance use disorder treatment field. It covers supervision methods and models, cultural competence, ethical and legal issues, and performance monitoring. The manual also includes an implementation guide for program administrators. Access the literature review.
• TIP 56: Addressing the Specific Behavioral Health Needs of Men – This guide addresses specific treatment needs of adult men living with substance use disorders. It reviews gender-specific research and best practices, such as common patterns of substance use among men and specific treatment issues and strategies.
• TIP 44: Substance Abuse Treatment for Adults in the Criminal Justice System – This manual offers guidelines to help counselors and administrators deliver substance use disorder treatment in criminal justice settings. It discusses aspects in providing substance use disorder treatment to people within the criminal justice system, including screening and assessment, and triage and placement in treatment services.
• TIP 51: Substance Abuse Treatment: Addressing the Specific Needs of Women – This guide assists providers in offering treatment to women living with substance use disorders. It reviews gender-specific research and best practices, such as common patterns of initial use and specific treatment issues and strategies.

Additional Resources:

• Advisory: Using Technology-Based Therapeutic Tools in Behavioral Health Services – This Advisory is based on TIP 60, Using Technology-Based Therapeutic Tools in Behavioral Health Services. It provides information on synchronous and asynchronous telehealth technologies for behavioral health treatment. Factors such as technology access and implementation are addressed.
• Advisory: Treating Substance Use Disorders Among People with HIV – This Advisory is based on TIP 37, Substance Abuse Treatment for Persons With HIV/AIDS. It highlights strategies and considerations for substance use disorder (SUD) treatment providers to effectively engage people with HIV in SUD treatment.
• Data Collection Across the Sequential Intercept Model (SIM): Essential Measures – This manual provides a starting place for jurisdictions looking to use data to better understand and improve the outcomes of people with mental and/or substance use disorders who come into contact with the criminal justice system.
• Telehealth for the Treatment of Serious Mental Illness and Substance Use Disorders – This guide reviews ways that telehealth modalities can be used to provide treatment for serious mental illness and substance use disorders among adults, distills the research into recommendations for practice, and provides examples of how these recommendations can be implemented.
• Prevention and Treatment of Anxiety, Depression, and Suicidal Thoughts and Behaviors Among College Students – This guide reviews literature on treating college students’ mental health concerns, such as anxiety, depression, and suicidal thoughts and behaviors; distills the research into recommendations for practice; and provides examples of the ways that these recommendations can be implemented.
• Reimbursement of Mental Health Services in Primary Care Settings – This white paper report identifies and proposes strategies to address Medicaid and other reimbursement policies that may pose barriers to mental health services in primary care settings. It presents findings, discussion by an expert panel, and recommended action steps.
• Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health – Full Report – This Surgeon General’s Report on Alcohol, Drugs, and Health addresses the prevalence of alcohol, illicit drugs, and prescription drug misuse in the United States. Chapters of the report cover neurobiology, prevention, treatment, recovery, health systems integration, and recommendations for the future.
• Funding and Characteristics of Single State Agencies for Substance Abuse Services and State Mental Health Agencies, 2015 – This report highlights the structure, responsibilities, policies, services, and financing of single-state agencies and state mental health agencies. The report includes discussion of efforts to integrate physical and behavioral health and efforts by state agencies to address opioid abuse and misuse.
• Treatment of Depression in Older Adults Evidence-Based Practices (EBP) KIT – This kit offers information about an array of evidence-based practices for treatment and services to improve outcomes for older adults experiencing depression, including dysthymia. It considers planning, implementation, and maintenance.
• Federal Guidelines for Opioid Treatment Programs – This manual provides guidelines for the operation of opioid treatment programs. It covers patient assessment, treatment planning, and recovery care. The manual also offers guidance for medication-assisted treatment for methadone and buprenorphine, and overdose and relapse prevention.
• Preventing the Use of Marijuana: Focus on Women and Pregnancy – This guide supports health care providers, systems, and communities seeking to prevent marijuana use by pregnant women. It describes relevant research findings, examines emerging and best practices, identifies knowledge gaps and implementation challenges, and offers useful resources.
• Municipal Courts: An Effective Tool for Diverting People with Mental and Substance Use Disorders from the Criminal Justice System – This report examines the opportunities and challenges associated with municipal court diversion for people living with mental illness and substance use disorder conditions. It outlines elements for effective diversion, recovery-based engagement strategies, and proportional response.
• Mental Health Services Provided Across State Government Agencies – This report describes efforts to improve coordination and financing of mental health services through better cooperation across substance use disorder agencies, as well as criminal justice and other state agencies. It discusses benefits, challenges, facilitating factors, and implementation steps.
• Integrated Treatment for Co-Occurring Disorders Evidence-Based Practices (EBP) KIT – This toolkit gives practice principles for integrated treatment for mental illness, substance use disorders, or both, and offers advice from successful programs. The toolkit includes a brochure, a PowerPoint presentation, and an introductory video.

This article was developed by Stephanie Asteriadis Pyle, PhD at CASAT, feel free to use, link to, or distribute this information. A link to our site and attribution would be much appreciated. Suggested citation:

Asteriadis Pyle, S. (2021, October 27). Tips about HIPAA and confidentiality: Resources and workshops to keep current. CASAT OnDemand. Retrieved November 12, 2021, from https://casatondemand.org/2021/10/27/tips-about-hipaa-and-confidentiality-resources-and-workshops-to-keep-current/.

Blog Post Tags:

Related Blog Posts

Related Learning Labs

Related Resources