[ Create an account](/create-an-account)[ Log In](/log-in) [ Cart](/cart) [ ![Telehealth Certification Institute LLC Logo]() ![Telehealth Certification Institute LLC Logo]()](/) ## **Telehealth Explorer Blog** Filter by Search or Category Selection Select Category - [All](/telehealth-explorer) - [Featured](/featured-articles) - --- - [Telehealth News](/telehealth-news) - [Legal Updates](/legal-updates) - [Business Aspects](/business-aspects) - [Technology](/technology) - --- - [Voices From Professions](/voices-from-professions) - [Counseling](/counseling) - [Social Work](/social-work) - [Psychology](/psychology) - [Substance Use Disorder Treatment](/substance-use-disorder-treatment) - [Couple and Family Therapy](/couple-and-family-therapy) - --- - [Clinical Insights](/clinical-insights) - [Supervision](/supervision) ![HIPAA-Compliant TeleMental Health]() # HIPAA-Compliant TeleMental Health - [ ](https://www.facebook.com/sharer.php?u=https%3A%2F%2Fwww.telementalhealthtraining.com%2Fpsychology%2Fhipaa-compliant-telemental-health "Facebook") - [ ](https://www.linkedin.com/shareArticle?mini=true&url=https%3A%2F%2Fwww.telementalhealthtraining.com%2Fpsychology%2Fhipaa-compliant-telemental-health&title=HIPAA-Compliant+TeleMental+Health "LinkedIn") - [ ](https://twitter.com/share?url=https%3A%2F%2Fwww.telementalhealthtraining.com%2Fpsychology%2Fhipaa-compliant-telemental-health&text=HIPAA-Compliant+TeleMental+Health "X (formerly Twitter)") **HIPAA and TeleMental Health: Get Compliant!** Is your telemental health practice HIPAA compliant? It’s a question that can cause a knot in the stomach of even the most experienced telemental health professionals. For those just starting out in telehealth, it may even cause a bout of panic. Exactly how does HIPAA impact counselors who are using telehealth? Are the rules different than the rules for in-person therapy? Even if you’ve taken a continuing education class covering HIPAA, it may not have covered telemental health and you may have questions. Let’s start with some basics: **What is HIPAA?** HIPAA is the **[Health Insurance Portability and Accountability Act of 1996](https://aspe.hhs.gov/report/health-insurance-portability-and-accountability-act-1996)** (**[Public Law 104-191](https://www.govinfo.gov/content/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf)**). It was **[signed into law by Pres. Bill Clinton](https://www.c-span.org/video/?74511-1/health-insurance-reform-signing)** on Aug. 21, 1996. It wasn’t actually intended to make healthcare providers panic. Instead, it was primarily meant to “improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.” HIPAA also includes the **[Privacy Rule](https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html)** and the **[Security Rule](https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index.html)** to set limits on who can access protected health information (PHI) and electronically protected health information (e-PHI). If you want to add to your angst, you can read **[all HIPAA regulatory standards](https://www.hhs.gov/sites/default/files/hipaa-simplification-201303.pdf)** in one document. There also are rules regarding technology in the **[HITECH Act of 2009](https://www.healthit.gov/sites/default/files/hitech_act_excerpt_from_arra_with_index.pdf)**. It’s all of these rules and more that cause feelings of dread and anxiety for counselors and other healthcare professionals who fear accidentally disclosing PHI through a hack or lost laptop. **I want to protect my clients’ privacy. How do I make sure I’m complying with the law?** First, determine if the law applies to you. Generally, you are a “HIPAA-covered entity” if you transmit protected health information (PHI) in electronic form. For example, if you submit an electronic claim to an insurance company, then you are a HIPAA-covered entity. [Here’s a tool](https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity) to determine if you’re a covered entity. **OK, I’m a covered entity. What should I do next?** Even if you are an accomplished do-it-yourselfer, HIPAA is not an area where you want to go it alone or wing it. We have a **[free one hour HIPAA compliance review video and HIPAA compliance checklist](/training/all-courses-and-products/online-self-study-courses/product/don-t-fail-your-hipaa-audit-webinar-12-1-17-1pm-est)** provided by Compliancy Group that’s worth reviewing. This will help you identify the main areas where you need to improve your security. **[HIPAA compliance classes are available](/training/all-courses-and-products/online-self-study-courses/product/privacy-law-for-telemental-health-online-self-study)** and they typically count toward your required continuing education credits. Look for classes specifically for telemental health providers. The people who brought you HIPAA also offer you free resources, tools, and education at **[HealthIT.gov](https://www.healthit.gov/topic/privacy-security-and-hipaa/health-it-privacy-and-security-resources-providers)**. Be forewarned that these resources are generic and are not tailored to counselors practicing telemental health. That said, there is a lot of information about HIPAA and it’s free. If you are completely overwhelmed by HIPAA, you can [**hire a consultant**](/exclusive-discounts). This could get pricey, but some companies may adjust their rates depending on the size of your practice. **What are some specific HIPAA rules for telehealth providers?** Remember, as a telehealth provider, you not only have to comply with the general HIPAA rules, but you also have to adhere to additional rules involving **[telehealth](https://www.hhs.gov/hipaa/for-professionals/faq/telehealth/index.html)** technology. For example, telemental health providers must make sure clients are in a secure, **[private location](https://www.hhs.gov/hipaa/for-professionals/faq/3021/where-can-health-care-providers-conduct-telehealth/index.html)** so that their private health care information is not disclosed. If you are using video conferencing for your telehealth sessions, you have to be careful which platform you use. HIPAA requires you to receive a HIPAA Business Associate Agreement from the technology vendor and that you **[obtain satisfactory assurances that the vendor will appropriately safeguard all PHI](/hipaa-review-of-technology-vendors)**. **What happens if I have a PHI breach?** The **[HIPAA Breach Notification Rule](https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html)** requires you to notify your clients when there is a breach involving their PHI. You also have to notify HHS and the media will be alerted to breaches involving large numbers of clients. You also could face a fine. **The bottom line** The bottom line is that HIPAA is complicated. Being a telehealth provider adds to the complexity because of the technology involved. To be HIPAA compliant means dedicating yourself to ensuring privacy for your clients. This likely means pursuing ongoing training and consultation with colleagues. By **[Amanda Barnett](https://amandabarnett.com/)**, LPC, NCC, EdS **Key Resources** **[Centers for Medicare: Covered Entity Guidance Tool](https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/Downloads/CoveredEntitiesChart20160617.pdf)** **[HealthIT.gov: Privacy and Security Resources for Providers](https://www.healthit.gov/topic/privacy-security-and-hipaa/health-it-privacy-and-security-resources-providers)** **[Health Insurance Portability and Accountability Act of 1996](https://aspe.hhs.gov/report/health-insurance-portability-and-accountability-act-1996)** **[HHS’s HIPAA for Professionals](https://www.hhs.gov/hipaa/for-professionals/index.html)** **[HHS.gov Telehealth](https://www.hhs.gov/hipaa/for-professionals/faq/telehealth/index.html)** **[Telehealth Discretion During Coronavirus](https://www.hhs.gov/hipaa/for-professionals/special-topics/emergency-preparedness/notification-enforcement-discretion-telehealth/index.html)** **[Keep up with HIPAA Privacy & Security Rules](https://www.hhs.gov/hipaa/for-professionals/list-serve/)** - [ Legal Updates ](/component/tags/tag/legal-updates) - [ Practice Management ](/component/tags/tag/practice-management) - [ Counseling ](/component/tags/tag/counseling) - [ Social Work ](/component/tags/tag/social-work) - [ Psychology ](/component/tags/tag/psychology) ## Testimonials I completed the Telehealth Training. This training was very effective for me because it was self-paced. I was able to work at my own pace to fully grasp the information. In addition, the various graphics and explanations made retaining the information better for my learning style. I also enjoyed the small quizzes at the end that helped increase my understanding and application of the information. I will definitely recommend this course to other clinicians! Iveyana Kiara Smith This bundle of Clinical Supervision courses helped me to feel more confident as a clinical supervisor. It provided well rounded content and helped me feel more prepared for stepping into a supervisory role. I highly recommend these courses and appreciate that they are self-paced. Jessy Hainbach The Foundations for Working With Families Engaged in High Conflict Divorce, Training Video was very helpful in developing skills to navigate work with families experiencing this. 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