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Legal & Ethical Issues in Behavioral Health in New Hampshire by Biron Bedard, Nicholas F. Casolaro,
Salepage link: At HERE. Archive:

Faculty:: Biron Bedard | Nicholas F. Casolaro
Duration:: 5 Hours 26 Minutes
Format:: Audio and Video
Copyright:: May 29, 2019

Description

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.

Handouts

Outline

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

Faculty

Biron Bedard, JD, BA Related seminars and products: 1

BIRON BEDARD is a director and shareholder with the law firm Ransmeier & Spellman, P.C., in Concord, New Hampshire. He represents a number of mental healthcare providers and skilled nursing facilities in his practice. The focus areas of his practice include litigation, business and commercial transactions, as well as mental health law.

Mr. Bedard is admitted to practice in New Hampshire and Maine, as well as the United States District Court, District of New Hampshire, and District of Vermont, and the United States Bankruptcy Court, District of New Hampshire. He was first admitted to the Bar over 20 years ago following receipt of his J.D. degree from the University of New Hampshire School of Law, and a B.A. degree, with honors, from St. Anselm College.

Speaker Disclosures:

Financial: Biron Bedard is a director and shareholder with Ransmeier & Spellman, PC. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Biron Bedard has no relevant nonfinancial relationship to disclose.

Nicholas F. Casolaro Related seminars and products: 1

Nicholas F. Casolaro is an attorney in the litigation department of McLane Middleton, Professional Association. Nick assists clients on a wide variety of business and civil litigation matters, with a focus on intellectual property and employment litigation. He also has extensive experience defending licensed mental health practitioners and medical professionals before New Hampshire and Massachusetts licensing boards. In addition to his litigation practice, Nick provides risk management advice to mental health professionals and organizations and manages clients’ intellectual property portfolios.

He received his J.D. for the University of New Hampshire School of Law (formerly Franklin Pierce Law Center) and his B.A. from the College of the Holy Cross. Nick is admitted to practice law in New Hampshire and Massachusetts and in the United States District Courts for the Districts of New Hampshire and Massachusetts, as well as the United States Court of Appeals for the First Circuit. For more information, please see www.mclane.com.

Speaker Disclosures:

Financial: Nicholas Casolaro is an attorney for McLane Middleton, Professional Association. He receives a speaking honorarium from PESI, Inc.

Non-financial: Nicholas Casolaro has no relevant non-financial relationship to disclose.

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