Speech-language pathologists (SLPs) across clinical settings provide group intervention sessions, consisting of two or more individuals. Payers (e.g., insurance companies, Medicare, Medicaid) or education agencies may choose to cap the number of participants in a group session. SLPs must consider specific factors when providing group treatment via telepractice.
Take these steps as you plan for and engage in service delivery via telepractice:
See this ASHA presentation focusing on group speech-language pathology treatment via telepractice related to pediatric services (recorded July 23, 2020).
Privacy is a central concern in group treatment via telepractice. SLPs need to ensure that the privacy and confidentiality of all participants in the group is protected and in compliance with federal, state, and local regulations. For example, if an SLP qualifies as a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), they must always follow HIPAA requirements. Providers should also consult related Family Educational Rights and Privacy Act (FERPA) guidance when providing services in school-based settings.
Potential privacy breaches may occur via incidental disclosure of protected health information by the clinician, by other participants, by facilitators, by interpreters, or by other individuals in the treatment room (either at the clinician’s or the participants’ locations).
For example, during a group telepractice session, the participant may be in an environment that contains other people who are not actively involved in that participant’s services; those other people may overhear private patient/client/student information.
This situation introduces privacy concerns beyond those of in-person groups and may require you to take additional measures to ensure privacy of confidential information.
Confirm that technology and related privacy settings comply with organizational and payer requirements, which may be more stringent than federal and state regulations. Ensure that informed consent includes issues related to privacy, such as incidental disclosures of name, email, diagnosis, and treatment goals. Informed consent should also include information regarding benefits and limitations of group treatment via telepractice and any alternatives to telepractice services.
This level of consent is especially important in residential health care settings—where the risk for breaches during a group treatment session may be higher because
For guidance in school-based settings, see the U.S. Department of Education’s resource list on FERPA, virtual learning, and protecting student privacy.
The U.S. Department of Education’s Student Privacy Policy Office (SPPO) develops student privacy policies and enforces student privacy laws—including the Family Educational Rights and Privacy Act (FERPA).
When service is provided via telepractice, the SPPO emphasizes the importance of safeguarding student information and privacy. Schools must evaluate technology platforms carefully to ensure that all students’ personally identifiable information (PII) is protected for all students. The SPPO developed guidance and tools for implementing a safe virtual learning environment for students.
SLPs must obtain informed parental consent to clarify—and acknowledge the possibility—that a student’s identity and individualized education program (IEP) information might be incidentally disclosed in the presence of other students and school staff during remote group sessions. This is especially relevant in the school setting—particularly when teachers and clinicians are delivering services in a collaborative classroom model or when small groups are interacting in shared spaces with limited privacy.
As you plan for and engage in service delivery via telepractice, take these steps:
In the school setting, the individualized education program (IEP) specifies the format of services (group, individual, in classroom). Appraisal and documentation of student and environmental factors inform and supports decision making around service delivery. Factors to note include:
The SLP may serve students in a hybrid model (e.g., both in-person and via telepractice simultaneously). Schools permit students to bring their devices to the session—so they can interact with one another. Schools and the student’s IEP team should do this in consideration of confidentiality and privacy requirements within the state, state department of education, and local school district.