Expectations

Modern Health requires therapists to (i) conduct video therapy according to the laws of the client’s state on a HIPAA-compliant video platform, (ii) secure informed patient consent that includes information about video therapy, (iii) maintain a plan for dealing with emergencies, (iv) ensure their environment is professional and maintains client privacy.

HIPAA

Information exchanged during video therapy sessions is considered protected health information and requires proper privacy and security safeguards. Therapists must use a HIPAA-compliant video service provider and sign a business associate agreement (BAA).

In addition to Modern Health’s In-App video platform, the following vendors have been recommended by therapists in our network: Zoom, Doxy, SimplePractice, and Theranest. It is important to ensure:

• You only connect to secure networks, including protected and encrypted WiFi.
• Only the intended Client can enter the session

Legality

Every state has different laws and regulations related to the provision of mental health services. Prior to providing any services to a client, it is important to ensure:

• You have the proper licensure in the jurisdiction in which you live and in which your client is located.
• You know the state’s laws and regulations as they may vary from state-to-state (e.g. laws related to minors, mandated reporting, and confidentiality).
• The standard of care delivered via video is equivalent to in-person care for the scope of practice.

Temporary Practice

Most states allow providers to temporarily practice under certain circumstances (e.g. during the application process) or if the client is temporarily in another state and wants to continue therapy.

Resources

Here is a useful guide/app published by a law firm specializing in telemental health that details state-by-state laws and regulations.