Nicholas Casolaro & Biron Bedard – PESI – Legal and Ethical Issues in Behavioral Health in New Hampshire

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Nicholas Casolaro & Biron Bedard – PESI – Legal and Ethical Issues in Behavioral Health in New Hampshire

Legal & Ethical Issues in Behavioral Health in New Hampshire
Speakers: Biron Bedard, JD, BA |  Nicholas F. Casolaro, ESQ
Duration: 5 Hours 26 Minutes
Format: Audio and Video

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.

Speakers

Biron Bedard, JD, BA
RANSMEIER & SPELLMAN PC

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 the Managing Director and a shareholder with Ransmeier & Spellman P.C. and is an adjunct faculty at the University of New Hampshire Franklin Pierce School of Law. He has no relevant financial relationships with ineligible organizations.

Non-financial: Biron Bedard is a member of the New Hampshire Bar Association.

Nicholas F. Casolaro, ESQ
Cleveland, Waters and Pass, PA

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.

Objectives

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
4. Hampshire with regard to age of consent, confidentiality and custody concerns.
5. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
6. Develop policies on ethical issues such as competency issues, rights to refuse medication and informed consent.
7. Designate the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn law in New Hampshire.

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

Target Audience

• Social Workers
• Counselors
• Psychologists
• Marriage & Family Therapists
• AODA Professionals
• Health Information Managers
• Medical Records Professionals
• Nurses

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