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The Ever-Changing Regulatory Landscape (42 CFR Part 2, HIPAA & HR)

In-Person
1 CE Hour
General
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Description

The regulatory landscape governing HIPAA (Health Insurance Portability and Accountability Act), 42 CFR Part 2 (Confidentiality of Substance Use Disorder Patient Records) and human resources (HR) issues for behavioral health and substance use disorder treatment providers has evolved dramatically in the last year. These changes reflect broader trends in privacy, security, and employee management practices.

 

HIPAA and 42 CFR Part 2 regulations are crucial for protecting patient information and ensuring confidentiality in mental health and substance use disorder treatment settings. Compliance challenges are amplified as technology advances and more facilities implement telehealth services and integrate their electronic health records (EHRs) with other systems. New rules and guidelines are frequently introduced to address emerging risks and technological innovations, necessitating ongoing adjustments to privacy policies and security measures. Facilities must stay abreast of these changes to avoid security incidents and ensure they meet required regulatory standards. Facilities must also navigate implementation-related personnel issues, including education, training, and compliance, in their workforce. 

 

This presentation will highlight amended HIPAA regulations, expansive changes to 42 CFR Part 2, and new HR regulations that require behavioral health organizations to implement robust compliance programs, invest in staff training, and adapt their policies and procedures to maintain both patient trust and operational integrity.

Target Audience
  • Counselor
  • Marriage & Family Therapist
  • Nurses
  • Physicians
  • Social Worker
  • Substance Use Disorder Professionals
Learning Objectives

At the end of this course, participants will be able to:

  • Identify at least three current legal challenges facing mental health, addiction, and holistic wellness providers in an ever-evolving regulatory framework.

  • Provide an overview of legal developments and trends in employment, health care, and corporate compliance.

  • Assess their workforce wellness and culture, including the strengths and weaknesses of their staff and policies.

  • Explain how to examine and update current confidentiality practices, policies, and procedures.

  • Identify the relevant legal considerations for organizations implementing policies and procedures in response to updated federal confidentiality laws and regulations.

References
  • Department of Health and Human Services. (2024). Code of Federal Regulations: 42 CFR Part 2.

  • Department of Health and Human Services. (2024). Code of Federal Regulations: 45 CFR Part 160 and Subparts A and E of Part 164 (HIPAA).

  • Department of Health and Human Services. (2024). Code of Federal Regulations: 45 C.F.R. § 164.408.

  • Federal Register. (2024). Confidentiality of substance use disorder (SUD) patient records. https://www.federalregister.gov/public-inspection/2024-02544/confidentiality-of-substance-use-disorder-patient-records

General
Counselor

TPN.health has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 7267. Programs that do not qualify for NBCC credit are clearly identified. TPN.health is solely responsible for all aspects of the programs.

Trusted Provider Network, LLC is recognized by the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0220.

Marriage & Family Therapist

Trusted Provider Network, LLC is recognized by the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed marriage and family therapists #MFT-0097.

TPN.health is a CAMFT-approved continuing education provider, provider #1000101.

Nurses
Physicians
Social Worker

Trusted Provider Network, LLC is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0654.

TPN.health, #1766, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. TPN.health maintains responsibility for this course. ACE provider approval period: 03/31/2022 – 03/31/2025. Social workers completing this course receive 1 General continuing education credits. ASWB ACE Credit is not available in NY and NJ.

Substance Use Disorder Professionals

This course has been approved by TPN.health, as a NAADAC Approved Education Provider, for educational credits. NAADAC Provider #198061, TPN.health is responsible for all aspects of the programming.This course has been approved by TPN.health, as a NAADAC Approved Education Provider, for educational credits. NAADAC Provider #198061, TPN.health is responsible for all aspects of the programing. Counselor Skill Group: Legal, Ethical, and Professional Development

CE Policy
This course is fiscally sponsored by Exchange Events. There may be potential biases or conflicts of interest inherent to this relationship, and it must be disclosed to participants. These conflicts of interest have no bearing on the course content and have been resolved.
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Lizz Acee

With over two decades of experience practicing employment law, Lizz focuses her practice on employment and business litigation, internal investigations, and employment counseling. She is an efficient, effective litigator, routinely defending employers in a wide range of industries, including higher education, health care, biotech, manufacturing, retail, hospitality, and finance, against the full range of individual discrimination and contract lawsuits. Lizz’s counsel also extends to employment-related claims, including defamation, tortious interference, and misappropriation of trade secrets, as well as contract claims involving non-competition, non-solicitation, and other employment agreements.

In addition to litigating, Lizz regularly leads high-profile internal investigations for employers related to all aspects of workplace misconduct. She also has extensive experience advising and representing private schools, colleges, and universities in a variety of employment-related matters, Title IX compliance, and conducting investigations involving both student and faculty misconduct.

Lizz also partners with her employer clients to help reduce their litigation vulnerabilities by providing day-to-day strategic counsel on issues ranging from employment policies to executive and employment agreements to employment issues related to successful corporate transitions and restructurings. She regularly protects clients’ interests before the US Equal Employment Opportunity Commission (EEOC) and state workforce agencies across the country.

Lizz serves on the firm’s Management Committee as managing director of major markets, overseeing the Boston, New Haven, New York, Newark, and Washington DC offices.

Jamie Dughi Hogenkamp

Jamie concentrates her practice on advising health care and human services providers on matters relating to formation, corporate governance, affiliations, mergers, asset acquisitions, corporate reorganizations, and regulatory compliance and approvals. In addition to Jamie’s extensive experience handling corporate transactions for not-for-profit entities, Jamie counsels for-profit and not-for-profit organizations regulated by state and federal agencies regarding regulatory and compliance matters, including advising clients on confidentiality requirements, compliance programs, administrative audits and investigations, self-disclosures, HIPAA compliance and policies and procedures, 42 CFR Part 2 compliance, licensure and certification, and other legal matters.

 

Jamie’s clients include behavioral health providers, substance use disorder treatment facilities, hospitals, assisted living facilities, nursing homes, developmental disability services providers, youth and family services providers, and other charitable organizations. Jamie began her career as a social worker and draws on this experience to develop innovative and effective legal strategies to advance her clients’ goals and enhance their delivery of health care and human services to the communities they serve.

Bridget Steele

Bridget concentrates her practice on assisting health care and human services providers with regulatory and compliance matters, including audits and investigations, self-disclosures, Medicaid and Medicare reimbursement issues, not-for-profit corporate governance, contract analysis and negotiation, and transactional matters.

Bridget has extensive experience working with behavioral health providers, home care agencies, health information exchanges (HIEs), hospitals, agencies that serve individuals with developmental disabilities, and provider networks, including independent practice associations.

Bridget also regularly assists clients with information privacy and security issues, including responding to and reporting data breaches and cybersecurity incidents, negotiating privacy and security terms in health care IT contracts, and providing advice regarding cyber risk liabilities and compliance with data privacy laws, such as HIPAA.

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