Legal & Ethical Issues in Behavioral Health in New Hampshire – Biron Bedard & Nicholas F. Casolaro

A better understanding of your ethical and legal obligations can not only help you provide more effective treatment to your clients, but can help you avoid costly mistakes. This recording will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.

If you watch only one recording this year, make it this one. Watch attorneys Biron Bedard and Andrea Daly for an entertaining and enlightening content and leave with a greater understanding of the latest New Hampshire law as it relates to mental health.

You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.

1. Discuss access to patient records relating to confidentiality.
2. Describe the process for responding to subpoenas and court orders and explain how to comply with HIPAA regulations.
3. Explore the legal and ethical considerations for the treatment of minor populations in New Hampshire with regard to age of consent, confidentiality and custody concerns.
4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
5. Develop policies on ethical issues such as competency issues, rights to refuse medication and informed consent.
6. Designate the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn law in New Hampshire.

Confidentiality of Records

• HIPAA Privacy Rules and Effect on State law
• Disclosure Requirements
• Mandatory Reporting Requirements
• Consequences of Improper Reporting and Disclosure

HIPAA Compliance

• Releases for Treatment, Payment, and Healthcare Operations
• Notice of Privacy Practices
• Authorizations
• Business Associates
• Psychotherapy Notes
• The HI TECH Act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

• Subpoenas:
  • Types of Subpoenas, Duty to Respond, Time Limits
• Court Orders:
  • Duty to Respond, Search Warrants
• Law Enforcement
  • Authority to Obtain Information, Investigations, Development of Policies and Procedures to Respond

HIPAA 101 – Revised Federal Confidentiality Regulations

• What is HIPAA Today?
• How Do I Comply with the Revised Regulations?
• What Are “Psychotherapy Notes”?
• When May I Release Records?
• How Much Paperwork Will This be for My Office?

Balancing the Rights of Minors & Parents

• Minors Rights
• Age of Majority
• Access to Records
• Rights of Minors to Refuse/Consent to Medication and Treatment
• Alcohol, Drug Abuse and Treatment Issues for Minors
• Parental Rights
• Custodial and Divorce Factors
• Child Abuse Allegations
• Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

• Reasons to Use a Voluntary Commitment
• Reasons to Use an Involuntary Commitment
• Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
• Procedures

Professional Ethics and Boundary Issues

• Consent Elements and Competency Issues
• Individual’s Legal Rights
• Informed Consent
• Boundary Issues: Where the Lines are Blurred
• Board of Health Professionals Investigation – Disciplinary Proceedings

Legal Liabilities for the Professional

• Duty to Warn Issues
• Professional Obligations and Standards
• Fraud & Abuse Issues
• Billing & Coding Errors
• Documentation