Federal Trade Commission Red Flag Rules
The Federal Trade Commission (FTC) created the Red Flag Rules to reduce identity theft. The FTC created this rule originally for financial institutions and other "traditional" creditors. However, they have since announced that this rule will also be applied to health care practitioners who are considered "creditors".
How to determine if you are a "creditor":
1. Do you provide services and then bill patients later; or
2. Do you regularly allow your patients to defer payment for services (including payment plans) or a "regular" basis.
If you can answer yes to either 1 or 2, then the Red Flag Rules apply to you. For complete details, please click here.
** Special Note: the enforcement of the Red Flag Rule is delayed till June 1, 2010. The House has passed a bill that would exempt psychology practices with 20 employees or fewer, as well as certain practices with low risk of identity theft. The bill has moved to the Senate for consideration.
For complete details, please click here.
Update on Board of Mental Health Practice Revisions:
Call for Support
Recently, the New Hampshire Board of Mental Health Practice (BMHP) completed and released the final draft of its revisions to the Administrative Rules that govern the practice of our profession. This is the BMHP’s final response to the 2004 legislative audit and the testimony submitted at the public hearing they hosted a year ago - See the final draft at http://www.nh.gov/mhpb/
Given the important implications of these rules for how we are licensed, governed and disciplined, NHPA provided a wealth of specific recommendations and pleas for the BMHP to write into their final language. Over the past year since we provided that testimony, we have continued to monitor and influence the development of the revisions.
NHPA's ad hoc committee to address the rule revisions has made a first review of the final draft. Based on this initial review, the committee has identified some very important changes in response to recommendations that NHPA made last year at the public hearing. The committee has found that while some important changes have been made to address NHPA’s recommendations (NHPA recommendations INCLUDED in the final draft), many of our recommendations did not make it into the final draft. (NHPA recommendations NOT INCLUDED in the final draft.)
So what happens next?
The BMHP submitted the final draft to the Joint Legislative Commission on Administrative Rules (JLCAR) and on November 19th, a legislative hearing will be conducted in order to hear testimony concerning these new regulations. The hearing starts at 9 a.m. in the Legislative Office Building (directions), Room 306/308. The final agenda for the meeting will be posted 2 days before hand and can be found at the following link - http://www.gencourt.state.nh.us/rules/agendas2009.html. Psychologists and other mental health practitioners can show their interest and support merely by attending this hearing. If you would like to offer testimony, please contact Dr. Sheila Gardner.
NHPA needs your financial support for what lies ahead.
Given that we just received access to the final draft, NHPA is working hard and quickly to evaluate the newest version of revisions, prepare our testimony, and contact potential witnesses to address the rules before the JLCAR hearing.
NHPA will once again seek legal consultation to supplement the work already done by NHPA, and to evaluate the intricacies of these important revisions. Your contribution is needed to help NHPA pay for these expenses. Last year donations were used to cover legal consultation, photocopying documents, postage, and arrangements for expert testimony.
This is our final opportunity to provide input into the rules and regulations that guide our profession in this state. As you know, NHPA relies on the generous donations of time, energy, and money from our membership to accomplish all that it wants to accomplish. If you would like to support this effort in any way, please contact Dr. Sheila Gardner. If you would like to make a donation you can do so by credit card or send your donations to the NHPA at PO Box 1205, Concord, NH 03302.
Mandatory Reporting of ASD Cases: Effective November 2008
According to RSA 171-A:30, "Physicians, psychologists, and any other
licensed or certified health care provider who is qualified by training to
make the diagnosis [of autism] and who then makes the diagnosis that a
child is affected by ASD [autism spectrum disorder] shall report all NEW
cases of this diagnosis to the Department".
Please note that individuals diagnosed before November 1, 2008 should NOT be registered. The NH Autism Registry is for NEWLY diagnosed individuals only.
The Bureau of Developmental Services has developed an on-line reporting
mechanism which can be accessed through the Home Page of the NH Bureau of Developmental Services at:
http://www.dhhs.state.nh.us/DHHS/BDS/default.htm
Informational Materials:
Autism Spectrum Disorder Registry Brochure
If you have specific questions that were not addressed in either document, please contact the NH Bureau of Developmental Services, Child and Family Supports and Services at 603- 271-5019.
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