In
light of learning that the 3/16/20 federal Health and Human Services [HHS]
memorandum on telehealth does apply to psychology and working with several
psychologists on this issue in recent days, the Board is revising its
guidelines, which were initially posted on 3/20/2020 and were strongly
influenced by the fact that we couldn’t be certain that the HHS memorandum
applied to telepsychology.
There are various links mentioned below, which
are found in the links section of this webpage. KL
VIDEO
COMPUTER HIPAA COMPLIANT PLATFORMS
The HHS memorandum was
entitled “Notification of Enforcement
Discretion for Telehealth Remote Communications During the COVID-19 Nationwide
Public Health Emergency.”
We now know that this 3/16/20 HHS
memorandum includes telepsychology. Here is a brief version of the HHS
document, with some modifications to include the Board.
It said, in brief,
“During the COVID-19 national emergency, which also constitutes a nationwide
public health emergency, covered health care providers subject to the HIPAA
Rules may seek to communicate with patients, and provide telehealth services,
through remote communications technologies…HHS will exercise its enforcement
discretion and will not impose penalties for noncompliance with the regulatory
requirements under the HIPAA Rules against covered health care providers in
connection with the good faith provision of telehealth… A covered health care
provider… can use any non-public facing remote communication product [audio or
video communication technology] that is available to communicate with
patients.”
KEY CRITERIA
Tele-Psychology computer
platforms that are most preferred and secure are [1] HIPPA compliant, [2] not
public facing, [3] provided by companies which will enter into
HIPAA Business Associate Agreements [BAAs], and [4] encrypted from end to end.
PREFERRED PLATFORMS –
HHS AND BOARD
“Covered health care
providers that seek additional privacy protections for telehealth while using
video communication products should provide such services through technology
vendors that are HIPAA compliant AND WILL ENTER INTO HIPAA BUSINESS
ASSOCIATE AGREEMENTS (BAAs) in connection with the provision of their video
communication products. The list below includes some vendors that
represent that they provide HIPAA-compliant video communication products and
that they will enter into a HIPAA BAA,” stated HHS.
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Skype for Business Microsoft Teams
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Updox
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VSee
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Cisco Webex Meetings Webex Teams
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Doxy.me
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GoToMeeting
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Google G Suite Hangouts Meet
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Amazon Chime
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Zoom for Healthcare
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OTHER PREFERRED
PLATFORMS - BOARD
These
companies will route your communication through HIPAA compliant secure servers.
Some names of such companies are listed below. The board is not endorsing them.
We learned about them from psychologists who have or are using them.
[a] Ethan Paxon, First Choice
Services – 304-344-2113
email: Ethan@1stchs.com
web: https://www.adaptivetelehealth.com/index.php/
[b] WeCouncel web: https://www.wecounsel.com/
Scroll down to “WeCouncel” and click on “Get Started.”
[c] Theraplatform web: https://www.theraplatform.com/
[d] Thera-link web: https://www.thera-link.com/
NOT PREFERRED BUT ACCEPTABLE – HHS AND BOARD
HHS also stated, “Under
this Notice, covered health care providers may use popular applications that
allow for video chats,” as noted below, “or to provide telehealth without risk
that HHS might seek to impose a penalty for noncompliance with the HIPAA Rules
related to the good faith provision of telehealth during the COVID-19
nationwide public health emergency. Providers are encouraged to notify
patients that these third-party applications potentially introduce privacy
risks, and providers should enable all available encryption and privacy modes
when using such applications.”
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Apple FaceTime
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Facebook Messenger Video Chat,
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Google Hangouts Video
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Skype
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Note: The Board and HHS
have “not reviewed the BAAs offered by these vendors, and this list does not
constitute an endorsement, certification, or recommendation of specific
technology, software, applications, or products. There may be other technology
vendors that offer HIPAA-compliant video communication products that will enter
into a HIPAA BAA with a covered entity.” “Further,” the Board and HHS “do
not endorse any of the applications that allow for video chats listed above.”
NOT ACCEPTABLE WARNING
“Under this Notice,
however, video communication applications that are public facing, SHOULD NOT BE
USED in the provision of telehealth by covered health care
providers.” Examples included:
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Facebook Live
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Twitch
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TikTok
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Similar video communication applications
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CONSENT
TO TELETHERAPY
These are
listed in order of most preferred to least preferred, but all are acceptable.
Written Consent from Patients Using Cell
Phones: One organization is mailing the consent form
to patients who sign them, take a picture of the signed form and email the
picture to the psychologist. In the case
of video therapy, the patient holds the form in front of the computer
camera. Psychologists take a screen shot
or a photo of the forms with their phones.
Witnessed Verbal Consent:
Psychologists have a colleague listen to the patient giving a verbal
consent and this is documented in the patient record.
Documented Verbal Consent:
The patient gives verbal consent and the psychologist documents it in
the record.
TELE-TESTING
Tele-testing
via the above described acceptable video computer platforms is approved by the
Board. It is expected that this would be limited to a mental status examination,
clinical interview, self-report inventories, and intake forms. If you wish to do
other testing, please contact the board. Please note that on 3/17/20, WV DHHR
decided to allow testing and listed Medicaid billing codes for same.
CONTINUING
EDUCATION DURING THE COVID-19 CRISIS
Encouragement for Online CEs
The board realizes that WVPA and WVAPP
have cancelled their upcoming conferences. During the next five months the
board encourages you to obtain CEs on line. If licensees and supervisees incur
difficulty completing CE requirements, the board will consider individual
appeals for accommodation.
Continuing Education on Telepsychology for Free
The board
strongly advises that you complete one or both of these CEs:
[1] APA is offering free
CE’s on this topic for a total of 8 hours.
For a
limited time, APA'S four-part Continuing Education in Psychology series "Telepsychology
Best Practice 101" is available free of charge. Here is the link.
Free CE series on
telepsychology best practice
[2] PESI
is offering their 2 Day telehealth training for free with the Promo
Code: TELEFREE. This webinar includes the training, a quiz, and CEU
certificate (as desired). Please note that the training will appear to be at
normal price when you register ($439) until you reach the final
registration page, where you are permitted to enter the
"discount" or promo code. CLICK TO REGISTER
https://catalog.pesi.com/item/52191/?utm_source=featuredad&utm_medium=banner&utm_campaign=BH_telehealth_POS055645
ESSENTIAL SERVICES
The
WV Governor indicated that psychological assessment and psychotherapy are
essential services.
SUPERVISION
Accommodation of Face to Face
Supervision - During this limited time of the COVID-19
crisis, supervision provided via telehealth is approved if the criteria above
are met.
Provision of Services by
Supervised-Psychologists via Telehealth - This is approved if the above described criteria are
met.
TELEPSYCHOLOGY - PSYCHOLOGISTS LICENSED IN OTHER STATES
The
Board may grant a temporary permit to those holding an active license in
another state. It allows up to 80 hours of psychotherapy for one year. This is
approved if the out-of-state psychologists provide proof that [a] section 1
criteria are met, [b] their license is current, and [c] it is without
restrictions.
Below is information on obtaining a
temporary permit. Usually there is a fee
for this, but the fee will be waived until the crisis has resolved itself.
In order to be granted 10-day temporary
privileges during a calendar year in WV, please send a letter requesting the
privilege that states what you plan to do within the State, when approximately
you plan to perform psychological services in WV, your license number(s), the
state(s) in which you are licensed and proof of HIPAA compliant means of
communication.
The WV Board will verify your license(s)
with the state boards and if all is in order a letter granting temporary
privileges will be issued. Please note
again this privilege is good for 10 days per calendar year or approximately 80
hours. This must be requested each
year.
TEMPORARY
Please
note that these guidelines are temporary and in effect until May 31, 2020. At that time, the Board will decide whether
to extend them.
PLEASE FEEL FREE TO CONTACT THE BOARD
Please
feel free to contact Dr. Harlow via the board’s email address if you have
questions about this matter. The address is psychbd@wv.gov .