Week 6 Discussion 1

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School

Northwestern University *

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Course

2003

Subject

Information Systems

Date

Feb 20, 2024

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dotx

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4

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Week 6 Discussion 1: Legal Requirements 16  Unread replies 41  Replies For this discussion, identify at least three specific steps you will take to uphold the legal requirements regarding FERPA while you are completing your doctoral program. Be sure to incorporate information from this week's studies in your posting. In addition, identify at least three specific steps you will take to uphold the legal requirements regarding FERPA when working in the field. Be sure to incorporate information from this week's studies in your posting. Response Guidelines Please respond to at least two other learners. Remember to respond thoughtfully and respectfully. Ask questions for clarification, suggest helpful resources, share experiences, and move the discussion forward. Personally, I am more familiar with HIPPS laws and regulations than FERPA; after reviewing Capella’s policy, I realize that there are several similarities, and incorporating FERPA regulations and personal rights as they pertain to my academic course work is essential to utilize and implement as I progress through this program and transition into my ultimate goal as a licensed clinical psychologist. The steps I will take to ensure I am implementing FERPAs policies and procedures for my academic course work during this program is to implement my rights as a student by ensuring my records are protected through limiting access and, secondly, conducting regular audits to ensure the accuracy of my personal academic records (Capella University, 2020). Additionally, I will update myself quarterly on any changes to FERPA policies while enrolled. This will also assist me when I am licensed as it will ensure proper habits of updating specific policies/procedures and protocols while requesting a review or corrections to personal records. Regarding how I will implement and ensure FERPA policies are maintained during my professional career after attaining my degree, I will apply the same quarterly review process for any changes to the broader requirements of the federal standards/law. Specifically, by conducting a pre-session process that educates clientele about their rights when completing a biopsychosocial, which may include their educational records or copies of assessments completed while they were students. I will also create a double lock system (for written records) and a share and validation protection program/process (for digital records) when storing or retaining client records. Lastly, create procedures and documentation pertaining to releases of information and consents that outline client rights along with the policies being implemented and followed to ensure clients have control over how their records are being shared, stored, and protected (U.S. Department of Education, 2023).
Capella University. (2020). FERPA and learner directory information: University Policy 4.01.01. https://www.capella.edu/content/dam/capella/PDF/policies/4.01.01.pdf U.S. Department of Education. (2023). Protecting Student Privacy. https://studentprivacy.ed.gov/faq/what-ferpa After graduating and practicing in the field. I would take all the same steps as if I were a student but apply the regulations to the individuals who I work with or teach. I would obtain consent prior to disclosing personal identifiable information, create a procedure on how to respond to requests, restrict access to only authorized individuals, and create an educational power point so that students understand their rights, what information is protected, and what information is directory data that can be shared. Capella University. (2020). FERPA and learner directory information: University Policy 4.01.01. https://www.capella.edu/content/dam/capella/PDF/policies/4.01.01.pdf FERPA provides students with confidentiality and many other rights that we as students need to be aware of. There are several steps I will take to uphold the legal requirements of FERPA while exercising the rights they have provided me with. The first way I have already used the FERPA rights while working on my doctoral program is by expecting the protection and confidentiality of my personal records. Another right mentioned in Capella's FERPA Policy (2020) is the right to inspect and review one's own educational records. This is something I will likely do at the end of my program so that I may review and go over everything Capella has collected on me to be sure I am not missing anything in my own files, and to be sure I am ready to apply for licensure. The final way I will uphold the legal requirements is to keep up to date on any changes, additions, or amendments to the FERPA guidelines and regulations. Practicing staying up to date with FERPA will also help me down the road when I need to keep up to date on the many legal regulations in regard to practicing as a school psychologist. When working in the field, I will continue to take steps to uphold the FERPA legal requirements. The first step will be to make sure every student is aware of their FERPA rights and to provide them with ways to utilize those rights. Furthermore, when requesting written consent for the release of any information, I would make sure that the student signing understands what information will be released as well as the implications of signing off on a release. Finally, providing the means for students to file a complaint with the US Department of Education when necessary is the third step one could take to help uphold the legal
requirements of FERPA. When working in the field, it is important to make sure our clients/students recognize their own rights and how to utilize them, so that they may have every opportunity to stand up for themselves. Protecting Student Privacy U.S. DEPARTMENT OF EDUCATION 2023 https://studentprivacy.ed.gov/faq/what-ferpa Week 6 Discussion 2: HIPAA Requirements 12  Unread replies 27  Replies Given the information and material provided in this week, detail the process and steps you will need to undertake after graduation to ensure that you comply with the federal HIPAA guidelines, as well as state and local Privacy and Security regulations. Consider yourself in the role of an independent practitioner in your specialty who oversees employees. Response Guidelines Please respond to at least two other learners. Remember to respond thoughtfully and respectfully. Ask questions for clarification, suggest helpful resources, share experiences, and move the discussion forward. Practicing as a licensed clinical psychologist in California requires adherence to federal HIPPA law as well as complying with the California Consumer Privacy Act (CCPA). CCPA and HIPAA intersect; however, CCPA imposes stricter provisions for a practicing clinician to maintain compliance regarding PHI recording and storage. Steps that are needed to ensure federal HIPPA and state CCPA regulations are being followed is to design a compliance program that addresses security risk assessments, gap identification, and remediation processes which can be enacted in a timely manner when discrepancies are found or when client questions/requests their records (OAC.Gov., 2023). As a practitioner, we must not just secure PHI but also identify possible deficiencies in record attainment and retention when sharing those records. While practicing as a licensed clinical
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psychologist, I intend to create such a plan to stay compliant with both HIPPA and CCPA regulations by implementing written policies and procedures that clearly outline those regulations to mediate security risks and to ensure all staff (as well as myself) are adhering to the regulations correctly. Additionally, I will review those practices by conducting frequent audits of practices and policies each quarter. As well as ensuring all employees are aware and properly trained regarding their responsibilities in securing written and digital records securely. Today it is an evolving practice to be completely digital when billing for medical or through private insurance and maintaining digital security requires incorporating measures into digital transmissions and onsite closed storage systems to mediate breaches and unauthorized sharing of client PHI (Compliancy Group, 2023). Moreover, I will create steps to address record keeping of client information that falls outside of HIPPA but under the personal information act as defined under CCPA regulations, such as information about geolocation (something we document while working with the homeless population), pictures, video, or audio recordings. To ensure client awareness of attending or sharing such information, follow the same strict guidelines as outlined by HIPPA and CCPA practices through pre-assessment information sessions, which outline how we collect and store as well as the types of information that may or may not be collected. So the client has the knowledge to choose which services are right for them, which information they wish to share, and those they wish to keep private or not have recorded/stored (OAC.Gov., 2023). Such a plan and the incorporation of employee training, with yearly updated refresher training to incorporate additions or changes to HIPPA/CCPA regulations, will help to ensure a practice that is compliant federally and locally regarding client PHI. References: Compliancy Group. (2023). HIPAA California: How to Comply with California HIPAA Laws. https://compliancy-group.com/how-to-comply-with-california-hipaa-laws/ OAC.Gov. (2023). Office of the Attorney General. California Consumer Privacy Act. https://oag.ca.gov/privacy/ccpa