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NBC-HWC Legal & Ethics Study Guide
PHI (private health information) - ✔ name, birth date, address, SSN Privacy Rule - ✔ assures that patient health information is properly protected protects all individually identifiable health information
- past, present, or future physical or mental health or condition
- the provision of health care to the individual
- past, present, or future payment for the provision of health care to the individual Sharing PHI requires - ✔ prior written authorization 2 Required PHI Disclosures - ✔ - the individual or their rep requests their PHI
- HHS is investigating compliance or reviewing an enforcement action Conflict of Interest - ✔ A situation in which a coach has a private or personal interest sufficient to appear to influence the objective of his or her professional role or responsibilities as a coach, faculty, or mentor. PHI can be shared without authorization - ✔ 1. the individual who is the PHI subject
- to get paid for health-related services
- for purposes of public health initiatives or activities, requirements by law, RESEARCH, etc. **You are not required to share data, but you may. You may choose to de-identify the data before sharing
- Limited sets of PHI data can be shared if the sharing party has reasonable safeguards in place Authorization is required when - ✔ employer wants notes on employees from the coach authorization form must include - ✔ plain language, specific, include an expiration time period and allow the individual to revoke their data at any time de-identified health information - ✔ medical data from which individual identifiers have been removed no restrictions on disclosure Covered Entity - ✔ health-related providers, an entity that transmits health information in electronic form in connection with a transaction covered by HIPAA
to rooms, passwords for PHI files and notes and shredding of all documents when necessary Security Rule - ✔ Under HIPAA, regulations related to the security of electronic protected health information that, along with regulations, related to electronic transactions and code sets, privacy, and enforcement, compose the Administrative Simplification provisions. Integrity - ✔ e-PHI must not be altered or destroyed in an unauthorized manner Availability - ✔ e-PHI is accessible and available on demand by an authorized person NBC-HWC Credentials - ✔ Cannot be used after your name UNTIL you have been notified by the NBME that you passed the exam coach must disclose to client - ✔ all anticipated compensation from third parties that may occur for referrals of clients or payments exchanged to receive clients the _____________ of coaching services and the _____________ of coaching sessions as defined in the coaching agreement must not be dependent in any way upon the purchase of any additional products of services by the client - ✔ quality, quantity
scope of practice - ✔ a set of regulations and ethical considerations that define the scope, or extent and limits, of the coach's job make a referral - ✔ if a client comes in without anything outside of your scope of practice! I.e. mental health concerns, nutritional needs, medical conditions Health and Wellness Coaching - ✔ partner with clients seeking self-directed, lasting changes, aligned with their values, which promote health and wellness and, thereby, enhance well- being. In the course of their work health and wellness coaches display unconditional positive regard for their clients and a belief in their capacity for change, and honoring that each client is an expert on his or her life, while ensuring that all interactions are respectful and non-judgmental. NBHWC Coach - ✔ A health and wellness coach certified by the NBHWC (after the National Certification Examination is available); and who thereby agrees to practice within the NBHWC Health and Wellness Coach Scope of Practice and Competencies and who pledges accountability to the NBHWC Code of Ethics Professional Coaching Relationship - ✔ A professional coaching relationship exists when coaching includes an agreement (including contracts) that defines the rights, roles and responsibilities of each party.
mentor - ✔ An individual who conducts coaching skills performance audits and provides feedback to coaching students/coaches for the purpose of developing and enhancing health and wellness coaching skills. The NBHWC Standards of Ethical Conduct Sections - ✔ - Professional Conduct at Large
- Conflicts of Interest
- Professional Conducts with Clients
- Confidentiality/Privacy
- Continuing Development Section 1: Professional conduct at large - ✔ key points:
- follow the code of ethics in all coaching interactions
- refrain from unlawful discrimination
- as a coach, I must have verbal and written statements that are true and accurate
- accurate about ALL my coaching qualifications
- clients participating in research must have given INFORMED CONSENT
- maintain, store, and dispose of ALL records (keep confidential, secure, private, and encrypted) In compliance with ALL laws and regulations Section 2: Conflicts of Interest - ✔ - DISCLOSE any potential conflicts of interest to all parties involved. coach removes themself from conflict
- clarify coach roles; set boundaries; review conflicts of interest with stake holders
- disclose to clients and sponsors all compensations from third parties
- compensation from products or non-coaching services must be disclosed BEFORE COACHING STARTS
- quality of coaching must be equitable, no matter the compensation (discounted session is NOT lesser quality) Section 3: Professional Conduct with Clients - ✔ - speak the truth to all stakeholders
- make clear to all stakeholders what is n the SCOPE OF PRACTICE of NBHWC- certified health & wellness coach and the outcomes that can be reasonably expected
- adhere to all ethical standards of practice for your own licensures and credentials
- Prior to (or at the time of) the initial meeting make all stakeholders aware of ALL TERMS of the COACHING AGREEMENT
- avoid any sexual or romantic relationships with clients, sponsors, mentors, faculty, etc.
- respect the client's right to terminate the coaching relationship at any point during the process, subject to the provisions of the agreement
- strive to protect the health, safety, and welfare of the client
- refer out if necessary HIPPA rules (4) - ✔ Security Minimum Necessary Privacy Breach Notification
Coaching Notes and Client Records - ✔ follow state laws about keeping records or 6 years if state law is less than 6 years If a client requests notes and records - ✔ you can charge a reasonable cost-based fee Coaching contract - ✔ must include
