73. Navigating Cross-Jurisdictional Practice Permissibility: Insights and Considerations for Therapists | Expert Tips from Person-Centered Tech with Liath Dalton

73. Navigating Cross-Jurisdictional Practice Permissibility: Insights and Considerations for Therapists | Expert Tips from Person-Centered Tech with Liath Dalton


In this episode, I welcome Liath Dalton, the director of Person Center Tech, a valuable resource for therapists when it comes to all things tech-related. 

Liath dives into the recent changes in telehealth regulations and the impact on therapists, specifically focusing on the expiration of the federal public health emergency (PHE) and its effects on cross-jurisdictional practice and telehealth coverage.

She discusses how the expiration of the PHE does not significantly impact the temporary practice provisions or the expanded telehealth coverage under Medicare. However, and highlights the importance of checking with private payers as coverage may vary, especially for out-of-network benefits.

The conversation shifts to HIPAA compliance and the requirement for therapists to use HIPAA-compliant video platforms and BAA's with phone service providers, including cell phone providers, as s an alternative.

Throughout the episode, Liath stresses the need for therapists to ensure the security of their devices and the importance of safe harbor from HIPAA's breach notification rule. 

Overall, this episode provides valuable insights and practical advice for therapists navigating the changing landscape of telehealth regulations and HIPAA compliance. To learn more, listeners are encouraged to explore Person Center Tech's website and resources.

Liathana Dalton

Director, Person-Centered Tech

https://www.personcenteredtech.com

Helping the Helpers Since 2010

a process for identifying all your practice's functionality needs for client care delivery and communications, as well as internal operations.

identifies the best -- efficient, effective, and affordable --specific HIPAA-compliance-compatible services to meet those functionality needs.

can be utilized to refine and optimize an existing "tech stack" (the combination of services that provide for meeting a practice's functionality needs) or to create your tech stack from the ground up.

This is a friendly reminder that there are always as many as three jurisdictional authorities that have a say in determining whether or not you have permission to practice across jurisdictions:

  • the state where client is physically located at the time of session
  • the provider's state(s) of licensure
  • the state where the provider is physically located at the time of session

You must have permission to practice/lack of restriction/prohibition to practice from *each* applicable licensing board/jurisdictional authority. For all the details on this, check out our most recent on-demand CE training on cross-state practice, Cross-Jurisdictional Teletherapy Practice: Case Law, Rules of Practice, and Working with Minors across State Lines, presented by Eric Ström, JD Ph.D. LMHC -- which also includes our cross-jurisdictional permissibility to practice due diligence worksheet (that includes all 3 potentially applicable jurisdictional authorities.)

... but, "what if I do 'coaching' or 'consulting' instead of 'therapy' when I'm physically located in a jurisdiction that restricts practice like Alaska? Or, what if I do 'coaching' instead of 'therapy' when a client's located in a jurisdiction that I don't have permission to practice in?" is a question we've, understandably, had posed to us a great number of times. Well, it's not as simple as that... and all those nuances and 'devil in the details aspects of that are something Eric expertly addressed, supported by case law examples, in the Cross-Jurisdictional Teletherapy Practice training.

If you're wondering about what's current in terms of how cross-jurisdictional practice works, that training contains the information and conceptual framework to empower you to navigate cross-jurisdictional practice legally.

Liathana Dalton

Director, Person-Centered Tech

https://www.personcenteredtech.com

Key points 

  1. The expiration of the federal public health emergency does not change cross-jurisdictional practice permissibility or temporary practice provisions.
  2. Licensing boards in certain states may restrict teletherapy practice from within their borders, requiring providers to be licensed by that specific board.
  3. Permission to practice is determined by the state where the client is located, the provider's state(s) of licensure, and the state where the provider is physically located during the session.
  4. It's important to understand and comply with the jurisdictional authorities and licensing board requirements to ensure legal cross-jurisdictional practice. Person Center Tech offers resources and training to navigate cross-jurisdictional practice

Alma is on a mission to simplify access to high-quality, affordable mental health care by giving providers the tools they need to build thriving in-network private parties. Learn more about Alma.

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