Health Insurance Portability and Accountability Act

What is the Health Insurance Portability and Accountability Act?

The Health Insurance Portability and Accountability Act was written into federal law in 1996 to establish national standards for how health information is managed and disclosed. The 2006 Security Rule is an additional safeguard offering national protection over the way electronic protected health information (EPHI) is transferred. Since many of our health records have been digitized, the protection of health information is crucial to ensuring quality, efficiency, and most importantly, the privacy of care.

Certification period: usually 1 year

Cost: Free, usually through employer or university

Time to complete: usually 45-60 minutes

References

Centers for Disease Control. (2022, June 27). Health Insurance Portability and Accountability Act of 1996 (HIPAA). Retrieved August 29, 2023, https://www.cdc.gov/phlp/publications/topic/hipaa.html

Mandated Reporter

Certification period: usually 1 year

Cost: Free

Time to complete: 2-3 hours

File a report:

1-800-635-1522

What is a mandated reporter?

Mandated reporters are designed under the law as professionals are who specially equipped by virtue of their profession or training to identify indicators of possible child maltreatment or abuse.

The Social Services Law (SSL) governs SCR and CPS. The Statewide Central Register (SCR) is the single contact for reporting child abuse or maltreatment. SCR receives calls, creates reports, and forwards them to the Local Child Protective Services (CPS) office. The local CPS office is established in each department of social services to investigate these claims further.

What is trauma and what is an “ACE”?

Trauma is an intense event that threatens a person’s life of safety in a way that is too much for the mind to handle and leaves them powerless. Examples include family violence, sexual abuse, emotional abuse, and violence in the community. A child being removed from the home or a child dealing with the welfare system are also examples of traumatic events.

Adverse childhood experiences (ACEs) are negative experiences that occur during childhood. They have lasting impacts on physical, emotional, and mental health. They are common in all socioeconomic groups with up to 67% of children experiencing at least one. Poverty, racism, generational trauma, child maltreatment, and abuse are all examples of ACEs.

What are the keys to establishing a trauma-informed practice?

  1. Creating a physically and emotionally safe environment

  2. Building trust and rapport

  3. Being inclusive of and respectful of culture

  4. Approaching families from a collaborative solution-finding perspective

  5. Intentionally including family voice and choice in the process

  6. Understanding the role trauma plays in our lives. For example, some behaviors may be survival techniques, adaptations, or reactions to a previous trauma.

What are the mitigating effects of the 5 protecting factors?

  1. Parental resilience

  2. Child’s social connections

  3. Family having concrete support in times of need

  4. Parent’s knowledge of parenting and child development

  5. Social and emotional competence of the child

Identifying what protective factors a family has can make a huge difference in a clinician’s decision about intervening (call to SCR) or a referral for more support.

When do we have a legal obligation to call the SCR?

You are required by law to call the SCR when:

  1. In your professional role

  2. You develop a reasonable cause to suspect that

  3. A child under 18 is being maltreated or abused

  4. by a parent or PLR (i.e., person legally responsible)

Mandated reporters who fail to call may be subjected to criminal and civil liability. They may also be held liable for any harm suffered by a child due to their failure to call the SCR. Learn more at https://nysmandatedreporter.org.

No employer or organization is permitted to require that you seek or obtain approval prior to calling the SCR. The obligation is personal to you and your employer may not impede you from calling the SCR. Employers are also prohibited from retaliating against clinicians from filing reports.

What happens if two clinicians observe suspected child abuse?

You and your colleague can agree on which one of you will call to file the report with the SCR. However, the LDSS-2221A should reflect both names and contact information and both individuals should receive a copy of the form for their records.

What information—other than the reasonable cause—is required for the report?

The information you’ll need for the SCR call and the LDSS 2221A form:

  1. Full name of the Parent or PLR

  2. Parents or other adults date of birth

  3. Full name of the child or children you suspect are being maltreated or abused

  4. Child or children’s date of birth’s

  5. Specific information which lead to reasonable suspicion or maltreatment or abuse

  6. Addresses or locating information for the relevant adults and children

If any of the above information is missing, the SCR report and the Form LDS-2221A cannot be submitted.

References

New York State Office of Child and Family Services. (n.d.). Mandated reporter online training . Retrieved August 29, 2023, https://www.hslcnys.org

Other resources

  • The New York State Office of Children and Family Services HEARS Family Line is open Monday through Friday, 8:30 a.m. to 4:30 p.m. to assist parents and families by providing resources and referrals to a variety of services. Caring representatives guide families to services including food, clothing, housing, medical and behavioral health care services, parenting education, and child care. The phone number is 1-888-554-3277.

  • NYS Office of Prevention of Domestic Violence

  • United Way is a nonprofit organization in New York City dedicated to helping low-income New Yorkers make ends meet and lead self-sufficient lives.

Sexual Harassment

Certification period: usually 1 year

Cost: Free

Time to complete: 45-60 minutes

What is sexual harassment?

Sexual harassment is a form of gender discrimination, that is, prejudicial behaviors toward a person on the basis of their gender. It can be any behavior that is offensive, demeaning, embarrassing, or threatening (or something similar).

Important Note: Sexual harassment often overlaps with discrimination based on race, national origin, religion, and sexual orientation.

What are your rights?

The right to work in a harassment-free workplace. This includes interns, undocumented workers, part-time workers, independent contractors, temps, domestic workers, and “off-the-books” workers.

The right to be free from gender discrimination. Examples of gender discrimination include:

  • Paying a woman less than a man because she is a woman

  • Giving a man less paternal leave because he is a man

  • Not hiring a nonbinary person because they are gender non-conforming

What must your employer do?

Employers are responsible for the actions of the manager or supervisor, including:

  1. If the manager or supervisor sexually harasses someone.

  2. If the manager or supervisor fails to stop sexual harassment.

If the manager or supervisor does not act to stop known sexual harassment, the organization can be held legally responsible. It is the manager or supervisor’s responsibility to take immediate action on any known instance of sexual harassment.

Retaliation is illegal. Retaliation is a harmful behavior in a revengeful response to a previous action on the part of another person. In the case of sexual harassment, it can happen after someone files a complaint of sexual harassment, opposes sexual harassment, or participates in an investigation of sexual harassment. Examples include being fired, being denied a promotion, a negative performance review, threats, changes in scheduling, and exclusion from meetings.

What do you do if you see harassment?

As a bystander, you can:

  • Confront the person doing the harm. Let the harasser know the behavior is unacceptable using assertive, clear, and concise language. (“Stop. It is inappropriate to make comments like that.”)

  • Document by recording audio or video on a phone, taking photos, or writing a note or an email describing what happened. While it’s not required for the victim to have a claim, it can be really helpful.

  • Follow up with the person experiencing sexual harassment. You can support someone who experienced sexual harassment by helping connect them to an organization, file a complaint, or provide emotional support.

  • Disrupt or interrupt the situation by calling the person who is being targeted away or the harasser to another area, or by creating a distraction so the person who is experiencing sexual harassment can get away.

How do you file a complaint?

Within the workplace, all employers are required by law to have an anti-sexual harassment policy and complaint process and share this policy with all employees.

Outside the workplace, people who have experienced sexual harassment can file a complaint against their employer or harasser through an anti-discrimination agency or with their state court.

In New York City, these agencies include:

  1. NYC Commission on Human Rights: To file a complaint through this office, the experience must have occurred in NYC or have impacted their work in NYC and have occurred within the last 3 years.

  2. NYS Division of Human Rights or call 212-416-0197. To file a complaint through this office, the experience must have occurred within the last 3 years.

  3. US Equal Employment Opportunity Commission (EEOC): To file a complaint through this office, the experience must have occurred within 300 days.

  4. You can also contact your local police department if the sexual harassment included physical touching, physical confinement, or pressure to have sex.

References

New York City Human Rights. (n.d.). Sexual harassment prevention training. Retrieved August 29, 2023, https://www.nyc.gov/assets/cchr/training/english/index.html