Breaking Down Barriers to the Sharing of Behavioral Health - - PowerPoint PPT Presentation

▶
breaking down barriers to the sharing of behavioral
SMART_READER_LITE
LIVE PREVIEW

Breaking Down Barriers to the Sharing of Behavioral Health - - PowerPoint PPT Presentation

Jan 22, 2023 513 likes •993 views

Breaking Down Barriers to the Sharing of Behavioral Health Information Ch Chri rist sty A Avery ry, Client Service Manager Nich chola olas P s Pry rys, Behavioral Health Care Consultant October 2, 2019 DI DISC SCLAI LAIME MER By

slide-1
SLIDE 1

Breaking Down Barriers to the Sharing of Behavioral Health Information

Ch Chri rist sty A Avery ry, Client Service Manager Nich chola

  • las P

s Pry rys, Behavioral Health Care Consultant October 2, 2019

slide-2
SLIDE 2

By participating in this Altarum Institute webinar, you automatically agree to authorize recording of audio and visual content presented during this event and consent to subsequent use of the recording in the public domain by Altarum Institute. This recording may include questions and responses provided by you during the live event. This recording will be made available after the conclusion of this event as part of the Altarum Institute webinar archives, and will remain available indefinitely. If you do not wish to consent to the recording, please do not join this event. Altarum Institute webinars are intended solely to provide information to the public. The views and opinions expressed as part

  • f these webinars do not necessarily state or reflect those of Altarum Institute. It is not intended, nor can it be relied upon, to

create any rights enforceable by any party in litigation, or to endorse any other organization or service. With respect to these webinars, neither Altarum Institute nor any of their employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, services, products, or process disclosed, or represents that its use would not infringe privately owned rights. The PHI Consent Tool has been prepared for educational purposes only. Nothing in the PHI Consent Tool is intended as or should be relied upon as legal advice. Any party that is contemplating the use or disclosure of protected health information for any purpose is encouraged to consult with its legal counsel.

DI DISC SCLAI LAIME MER

slide-3
SLIDE 3

Pres esen enter er’s ’s C Contac act Informat atio ion

Nicholas A. Prys, MSW Behavioral Health Care Consultant Center for Behavioral Health | Altarum nicholas.prys@altarum.org (734) 302-5632 Christy A. Avery Client Service Manager Center for Appropriate Care | Altarum christy.avery@altarum.org (734) 302-5680

slide-4
SLIDE 4

Polling Question

slide-5
SLIDE 5

Physical and Behavioral Health Legislation Substance Use Disorder Legislation Use of Consent Forms PHI Consent Tool How to Increase Sharing with Health Information Technology

Agenda nda

slide-6
SLIDE 6

Breaking down unnecessary barriers to sharing behavioral

health and substance use disorder (SUD) protected health information (PHI) across the State of Michigan

Beha ehavio ioral al Heal ealth h Consen ent P Projec ject Go Goal al

slide-7
SLIDE 7

Develop a better understanding of state and federal laws

that affect the sharing of behavioral health, SUD, and domestic violence PHI

Increase familiarity with MDHHS-5515 Learn how to navigate the PHI Consent Tool Learn how one might leverage Health Information

Technology to increase sharing of BH and SUD PHI

Pres esen entat atio ion Go Goal als

slide-8
SLIDE 8

Ph Physic ical al an and Beha ehavio ioral al H Heal ealth L h Leg egis islat atio ion

slide-9
SLIDE 9

Michi

chiga gan n Mental Health C Code

  • de

Title

le 42 C 42 CFR FR Part rt 2

MDHHS-5515 (or equivalent) is required, unless the disclosure falls

under any one of the following statutory exceptions:

  • Medical emergencies
  • De-identified information for research
  • De-identified information for financial audits
  • De-identified information for program evaluations
  • Specific court orders

Substan ance e Use e Dis isorder er L Leg egis islat atio ion

slide-10
SLIDE 10

MDH MDHHS-551 515

slide-11
SLIDE 11

What is MDHHS-5515?

  • MDHHS-5515 is the Michigan Behavioral Health Standard Consent Form developed by

the Michigan Department of Health and Human Services (MDHHS)

Why was MDHHS-5515 created?

  • Public Act 129 of 2014

MDH MDHHS-551 515

slide-12
SLIDE 12

Behavioral health or mental health services for

purposes other than:

  • Treatment
  • Payment
  • Coordination of care

Substance use disorders (SUDs) services for a

r all:

  • Diagnosis
  • Referral
  • Treatment

When hen is is MDHHS HHS-5515 15 (or eq equiv ival alen ent) req equir ired ed?

slide-13
SLIDE 13

MDHHS-5515 (or equivalent) is not required when the disclosure

falls under any one of the following exceptions:

  • Medical emergencies
  • De-identified information for research
  • De-identified information for financial audits
  • De-identified information for program evaluation
  • Specific court orders (i.e., to determine if an individual is under treatment; treatment

hearings for minors)

When hen is is MDHHS HHS-5515 15 (or eq equiv ival alen ent) not

  • t

req equir ired ed?

slide-14
SLIDE 14

Polling Question

slide-15
SLIDE 15

Family Vi

Viol

  • lenc

nce Prevention

  • n a

and nd Services A Act ct (FVP VPSA)

Vi

Vict ctims o

  • f C

Crim ime Act ct ( (VOCA CA)

Vi

Viol

  • lenc

nce Aga gain inst Wom

  • men A

Act ct ( (VAWA)

Specialized consent form is required, unless the disclosure falls

under any of the following statutory exceptions:

  • De-identified information for research
  • “Duty to warn” situations
  • Mandatory reporting
  • Specific court orders

Domes estic ic Vio Violen ence e Leg egis islat atio ion

slide-16
SLIDE 16

Must be written and limited to a specific time and purpose Individuals should be fully informed about the form and

timing of any disclosure

The National Network to End Domestic Violence Sample

Client Limited Release of Information form

  • Federal domestic violence grantees
  • Available in English and Spanish
  • Designed to address the heightened safety and privacy concerns

Spec ecial ializ ized ed Consen ent F Form

slide-17
SLIDE 17
slide-18
SLIDE 18

PHI Consent Tool

  • Addresses most common PHI requests
  • Helps to determine if consent is required
  • References both state and federal laws

More protective law followed

Intr trodu ducti tion n to to P PHI C I Cons nsent t Tool

slide-19
SLIDE 19
slide-20
SLIDE 20
slide-21
SLIDE 21

Adult Spouse requesting Behavioral health information without any mention of SUD

Ex Exam ample #1: e #1:

slide-22
SLIDE 22
slide-23
SLIDE 23

Adult A health plan/Integrated Care Organization (ICO) forwarding a

physical assessment to Prepaid Inpatient Health Plan (PIHP)/CMH for BH assessment to be conducted.

The PIHP/CMH must send the assessment summary/proposed care

plan back to the ICO for creation of a comprehensive, integrated, person-centered care plan that supports both physical & BH.

BH info without mention of SUD

Ex Exam ample #2 e #2:

slide-24
SLIDE 24
slide-25
SLIDE 25
slide-26
SLIDE 26

Adult asking for their own records BH without mention of SUD

Ex Exam ample #3 e #3:

slide-27
SLIDE 27
slide-28
SLIDE 28

Ca Caveat eats – Yello llow T Tri riangle gles

In the Legislation Grids, a yellow triangle mean the law allows for sharing PHI if it is in the best interest of the individual and what may be shared will be based on the minimum necessary standard as well as what the law calls for. In each Caveat, the orange highlighted legislation(s) appears to be the most protective and, therefore, should be followed.

slide-29
SLIDE 29

3

slide-30
SLIDE 30
slide-31
SLIDE 31

Adult Facility operations SUD

Ex Exam ample #4: e #4:

slide-32
SLIDE 32
slide-33
SLIDE 33

Ca Caveat eats- Purple rple D Diamonds

In the Legislation Grids, purple diamonds mean the sharing of PHI depends on whether the information requested deals with SUD treatment. In each Caveat, the orange highlighted legislation(s) appears to be the most protective and, therefore, should be followed.

slide-34
SLIDE 34
slide-35
SLIDE 35

Domes estic ic Vio Violen ence e Grid id

slide-36
SLIDE 36

Polling Question

slide-37
SLIDE 37

Patient Portal

  • House copy of Standard Consent Form (MDHHS-5515)
  • Print, sign, scan, send back
  • Increased patient engagement
  • Ease of health record access

Direct Messaging

  • Send copy of completed Consent to other entities
  • Send PHI securely from one EHR system to another

Shar hare e wit with H h Heal ealth I h Informat atio ion Tec echn hnology

slide-38
SLIDE 38

Facilitate sharing of health information Michigan Health Information Network Shared Services (MiHIN) Improve communication surrounding patient care

Heal ealth h Informat atio ion Ex Exchan hanges es

slide-39
SLIDE 39

Project to collect electronic versions of MDHHS 5515 Please reach out to shreya.patel@mihin.org if interested in piloting

the eCMS service.

Mi MiHIN eC eConsen ent Pil Pilot

slide-40
SLIDE 40

Patient safety and cost of care Potential Negative Publicity

  • “Ciitizen” reporting database (Yes: “ii”)
  • CMS Wall of Shame

Potential Financial Impact

  • Information Blocking from 21st Century

Cures Act

  • Medicaid PI
  • MIPS

Poten ential ial Impac acts o

  • f Not S

Shar harin ing

slide-41
SLIDE 41

Consent tool house on MDHHS website 3 scenarios when consent is not required to share BH and general

medical PHI: Treatment, Payment, & Coordination of Care

5 scenarios when consent is not necessary for sharing of BH PHI:

Medical Emergencies, De-identified information: Financial Audits, Program Evaluation, Research, 2 Types of Specific Court Order

3

Rec ecap ap

slide-42
SLIDE 42

5 scenarios when PHI for victims of domestic/family violence can

be shared WITHOUT consent: De-identified for Research, Mandatory Reporting, Child Abuse, Specific Court Order, and Immediate Threat of Danger

MDHHS 5515 must be accepted by all MI entities Patient portals, direct messaging, and HIEs are tools to help

increase sharing of BH PHI

Information blocking has consequences

3

Rec ecap ap C Contin inued ed

slide-43
SLIDE 43

Resources

slide-44
SLIDE 44

PHI Consent Tool

  • https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_58005---,00.html

Webinar Recording

  • MCEITA.org/webinars

Training Videos

  • Coming Soon!

MDHHS 5515 Consent Form

  • www.michigan.gov/bhconsent

Res esources es

slide-45
SLIDE 45

Questions?

If you have questions regarding specific legislation or individual scenarios you may submit them through our online form: bit.ly/MI_consent_help Or email us your questions at: MI.consent.help@Altarum.org

slide-46
SLIDE 46

A L T A R U M . O R G