N S Permit No 32729 U a e Save 30% Legal and Ethical ... · Overcoming Compassion Fatigue: A...

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NON-PROFIT US POSTAGE PAID EAU CLAIRE WI PERMIT NO 32729 PESI P.O. Box 1000 Eau Claire, WI 54702 A division of PESI, Inc. 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, Investiga- tions, Development of Policies and Proce- dures to Respond HIPAA 101 - Revised Federal Confidential- ity Regulations What Is HIPAA Today? How Do I Comply with the Revised Regula- tions? 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 Medi- cation 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 Outline 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. Identify the rights of minors and parents in mental health treatment. 4. Describe the role of the mental health professional in the commitment process. 5. Develop policies on ethical issues such as competency issues, right to refuse medica- tion and informed consent. 6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn. Hassle-Free Cancellation Policy: If you contact us before the event date, you can exchange for a DVD or CD/digital manual package on the subject (self-study continuing education credit may be available), a certificate to attend another seminar, or receive a tuition refund less a $30 cancel fee. Substitutions are permitted at any time. www.pesi.com REGISTER ONLINE AT Legal and Ethical Issues in Behavioral Health in New Hampshire 6.0 CE HOURS OF ETHICS Protect and properly disclose protected health information Avoid licensing board complaints Balance the rights of minors and parents Increase your understanding of current legal and ethical issues Register Early & SAVE! A NON-PROFIT ORGANIZATION CONNECTING KNOWLEDGE WITH NEED SINCE 1979 www.pesi.com MANCHESTER, NH Friday, March 11, 2016 MANCHESTER, NH Friday, March 11, 2016 Legal and Ethical Issues in Behavioral Health in New Hampshire 6.0 CE HOURS OF ETHICS 42829 www.pesi.com/inhouse Earn CE where you work! Bring this training & many others to your facility! Have a seminar idea? A manuscript to publish? The nation’s top speakers and authors contact Pesi first. If you are interested in becoming a speaker or have a new topic idea, please contact Teresa Fisher at tfi[email protected] or call 715-855-8214. The Leading Magazine for Psychotherapists Save 30% One Year Subscription Only $12.99! Print & Digital Two Formats One Low Price! Subscribe Today go.pesi.com/netmag

Transcript of N S Permit No 32729 U a e Save 30% Legal and Ethical ... · Overcoming Compassion Fatigue: A...

Page 1: N S Permit No 32729 U a e Save 30% Legal and Ethical ... · Overcoming Compassion Fatigue: A Practical Resilience Workbook overcoming Compassion fatigue is a fresh workbook approach

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Confidentiality of RecordsHiPaa Privacy rules and effect on State lawdisclosure requirementsmandatory reporting requirementsConsequences of improper reporting and

disclosure

HIPAA Compliancereleases for treatment, Payment, and

Healthcare operationsNotice of Privacy PracticesauthorizationsBusiness associatesPsychotherapy Notesthe Hi teCH act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

Subpoenas: types of Subpoenas, duty to respond,

time limitsCourt orders: duty to respond, Search Warrantslaw enforcement:authority to obtain information, investiga-

tions, development of Policies and Proce-dures to respond

HIPAA 101 - Revised Federal Confidential-ity Regulations

What is HiPaa today?How do i Comply with the revised regula-

tions?What are “Psychotherapy Notes”?When may i release records?How much Paperwork Will this be for my

office?

Balancing the Rights of Minors & Parentsminors rightsage of majorityaccess to recordsrights of minors to refuse/Consent to medi-

cation and treatmentalcohol, drug abuse and treatment issues

for minorsParental rightsCustodial and divorce factorsChild abuse allegationsCustodial vs. Non-Custodial Parent’s rights

to records

Voluntary and Involuntary Mental HealthCommitmentsreasons to Use a Voluntary Commitmentreasons to Use an involuntary Commitmentgrounds for an involuntary Commitment:

dangerousness (as defined by Statute)Procedures

Professional Ethics and Boundary IssuesConsent elements and Competency issuesindividual’s legal rightsinformed ConsentBoundary issues: Where the lines are Blurred Board of Health Professionals investigation -

disciplinary Proceedings

Legal Liabilities for the Professionalduty to Warn issuesProfessional obligations and Standardsfraud & abuse issuesBilling & Coding errorsdocumentation

Outline

Objectives1. 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. identify the rights of minors and parents in mental health treatment.

4. describe the role of the mental health professional in the commitment process.

5. develop policies on ethical issues such as competency issues, right to refuse medica-tion and informed consent.

6. identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Hassle-Free Cancellation Policy: if you contact us before the event date, you can exchange for a dVd or Cd/digital manual package on the subject (self-study continuing education credit may be available), a certificate to attend another seminar, or receive a tuition refund less a $30 cancel fee. Substitutions are permitted at any time.

21416/Km

www.pesi.comRegisteR Online at

Legal and Ethical Issues in Behavioral Health in New Hampshire

6.0

CE Hoursof

EtHiCs

• Protect and properly disclose protected health information

• avoid licensing board complaints

• Balance the rights of minors and parents

• increase your understanding of current legal and ethical issues

Register Early & SAVE!

A NoN-Profit orgANizAtioN CoNNeCtiNg KNowledge with Need SiNCe 1979

www.pesi.com

ManCHEstEr, nH Friday, March 11, 2016

ManCHEstEr, nH Friday, March 11, 2016

Legal and Ethical Issues in Behavioral Health in New Hampshire

6.0 CE Hoursof

EtHiCs

42829

www.pesi.com/inhouse

Earn CE where you work! Bring this training & many others to your facility!

Have a seminar idea? A manuscript to publish? The nation’s top speakers and authors contact Pesi first. If you are interested in becoming a speaker or have a new topic idea, please contact teresa Fisher at [email protected] or call 715-855-8214.

The Leading Magazine for Psychotherapists

Save 30%one Year Subscription

only $12.99!

Print & Digital

Two Formats

One Low Price!

Subscribe Today

go.pesi.com/netmag

Page 2: N S Permit No 32729 U a e Save 30% Legal and Ethical ... · Overcoming Compassion Fatigue: A Practical Resilience Workbook overcoming Compassion fatigue is a fresh workbook approach

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Credits listed below are for full attendance at the live event only. Certificates of Completion are distributed at the conclusion of the live seminar for those who register at least 10 days prior to the seminar date and who complete the full day. Partial certificates of completion (if your board allows), and for those who register within 10 days before the event, will receive their certificate of completion within 30 days following the event. if your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. for other credit inquiries not specified below, or questions on home study credit availability, please contact [email protected] or 800-844-8260 before the event.

information obtained in this course should be used within your scope of practice.

PeSi, inc. offers continuing education programs and products under the brand names PeSi, PeSi Healthcare, PeSi rehab, medS-PdN, Psychotherapy Networker, Healthed and ed4Nurses.

THIS ACTIVITY INCLUDES 6.0 HOURS OF STATE-SPECIFIC ETHICS INSTRUCTION.COUNSELORS: this intermediate activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

NEW HAMPSHIRE COUNSELORS: this intermediate activity is approved for 6.0 clock hours of continuing education instruction. the New Hampshire Board of mental Health Practice recognizes courses and providers that are approved by the aPa or aSWB. a certificate of attendance will be awarded at the end of the program to counselors who complete the program evaluation, to submit to their state board.

SOCIAL WORKERS: PeSi, inc. Provider #:1062, is approved as a provider for social work continuing education by the association of Social Work Boards (aSWB), www.aswb.org through the approved Continuing education (aCe) Program. PeSi, inc. maintains responsibility for the program. aSWB approval Period: January 27, 2014-January 27, 2017. Social workers should contact their regulatory board to determine course approval for continuing education credits. Social workers participating in this course will receive 6.0 (Social Work ethics) continuing education clock hours in participating in this intermediate course. a certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.

NEW HAMPSHIRE SOCIAL WORKERS: this course qualifies for 6.0 Category a credits. the New Hampshire Board of mental Health Practice recognizes continuing education courses sponsored by providers who are approved by the aPa.

PSYCHOLOGISTS: PeSi, inc. is approved by the american Psychological association to sponsor continuing education for psychologists. PeSi maintains responsibility for this program and its content. PeSi is offering this activity for 6.0 hours of continuing education credit. full attendance is required; no partial credits will be offered for partial attendance.

MARRIAGE AND FAMILY THERAPISTS: this activity consists of 365 minutes of continuing education instruction. Credit requirements and approvals vary per state board regulations. You should save this course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

ADDICTION COUNSELORS: this course has been approved by PeSi, inc., as a NaadaC approved education Provider, for 6.0 Ce in the legal, ethical and Professional development skill group. NaadaC Provider #77553. PeSi, inc. is responsible for all aspects of their programming. full attendance is required; no partial credit will be awarded for partial attendance.

NURSES/NURSE PRACTITIONERS/CLINICAL NURSE SPECIALISTS: this activity meets the criteria for a formally approved american Nurses Credentialing Center (aNCC) activity PeSi, inc, is an approved provider by the american Psychological association, which is recognized by the aNCC for behavioral health related activities. full attendance is required; no partial credit will be awarded for partial attendance.

this activity qualifies for 6.0 contact hours.

OTHER PROFESSIONS: this seminar qualifies for 6.0 continuing education clock hours as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

Live seminar Continuing eduCation Credit information

*SAVE BY INCLUDING THESE BOOKS WITH SEMINAR REGISTRATION!

� Check tuition:Tuition with seminar manual $199.99 – choose one of the options below: ■ per person for 2 or more preregistering together —or—

■ single registration postmarked 3 weeks prior to seminar date

■ $219.99 standard

■ $29.99* Overcoming Compassion Fatigue: A Practical Resilience Workbook book (distributed at seminar—free SHiPPiNg!)

■ $29.99* The Mindfulness Toolbox: 50 Practical Tips, Tools & Handouts for Anxiety, Depression, Stress & Pain book (distributed at seminar—free SHiPPiNg!)

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ONLINE

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legal aNd etHiCal iSSUeS iN BeHaVioral HealtH iN NeW HamPSHire

� Please complete entire form (to notify you of seminar changes): please print; staple duplicate forms.

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■ MANCHESTER, NH March 11, 2016 42829maN executive Court Conference Center 1199 South mammoth road • 03109 (603) 626-4788

CAN'T ATTEND THE SEMINAR?See below for individual product orders

Walk-ins are welcome but admission cannot be guaranteed. Call m-f 7:00-6:00 Central time for space availabil ity if registering within one week of seminar.

Tuition Options:$30 tuition: if you are interested in being our registration coordinator for the day, go to: www.pesi.com/coord for availability and job description, or call our Customer Service dept. at 800-844-8260. discounted Student rate: as part of its mission to serve educational needs, PeSi, inc. offers a reduced rate of 50% off standard tuition for students. go to www.pesi.com/students or call 800-844-8260 for details. enclose a current student schedule with registration form.groups of 5 or more: Call 800-844-8260 for discounts.

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Legal and Ethical Issues in Behavioral Health in New Hampshire:

___ Seminar on Cd* (audio) $139.99 (rNa060265)

___ Seminar on dVd* (video) $169.99 (rNV060265)

___ Overcoming Compassion Fatigue: A Practical Resilience Workbook book* $29.99 (PUB082840)___ The Mindfulness Toolbox: 50 Practical Tips, Tools & Handouts for Anxiety, Depression, Stress & Pain book* $29.99 (PUB082210)

Overcoming Compassion Fatigue: A Practical Resilience WorkbookBy Martha Teater, MA, LMFT, LPC, LCAS, and John Ludgate, PhDovercoming Compassion fatigue is a fresh workbook approach to effectively handle the inherent exhaustion, burnout and stress professionals naturally face when working with those in pain and distress.

Written by two practicing clinicians experienced in compassion fatigue and CBt, this manual will equip you with practical tools to manage your work and minimize your risk of personal harm. expertly weaved with personal experiences, assessment tools, proven interventions, and prevention strategies.

Legal and Ethical issues in Behavioral Health in new Hampshire

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

if you attend only one seminar this year, make it this one. Join attorneys Biron Bedard and Nicholas Casolaro for an entertaining and enlightening day 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.

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 health-care providers and skilled nursing facilities in his practice. the focus areas of his prac-tice 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.

NICHOLAS F. CASOLARO is an attorney in the litigation department of mclane middleton, Professional association. Nick assists clients on wide variety of business and civil litigation matters, with a focus on intellectual property and employ-ment 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’ intel-lectual property portfolios. He received his J.d. from 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 mas-sachusetts, as well as the United States Court of appeals for the first Circuit. for more information, please see www.mclane.com.

Speaker

TARGET AUDIENCESocial Workers • Counselors • Psychologists • marriage & family therapists • aoda Professionals

Health information managers • medical records Professionals • Nurses

Seminar Schedule: 7:30 registration/morning Coffee & tea8:00 Program begins11:50-1:00 lunch (on your own)3:45 Program ends

For locations and maps, go to www.pesi.com, find your event, and click on the seminar title.

Seminar on CD or DVD Package:You can purchase a self-study package on the subject. You will receive a set of dVds or Cds that include a digital copy of the seminar manual and post-test/evaluation. Colleagues can also receive Ce hours for a nominal fee. to determine if homestudy credits are available for your profession go to www.pesi.com or call 800-844-8260. Check with your licensing board to verify acceptance of self-study credits for license renewal. order today by using the order form on this brochure or by calling 800-844-8260.

Questions? Call customer service at

800-844-8260

IN-HOUSE Bring this or any training to you. Visit www.pesi.com/inhouse for more info.

The Mindfulness Toolbox50 Practical Tips, Tools & Handouts for Anxiety, Depression, Stress & PainBy Donald Altman, M.A., LPCfeaturing over 40 easy-to-use, reproducible handouts and expertly crafted, guided scripts - this book is ideal for clinicians wanting to integrate mindfulness into their work. the awareness boosting methods in this guidebook offer participants a means of reappraising and observing negative and anxious thoughts, habits, pain, and stress in fresh ways that produce new insight, positive change, and a sense of hope.

Guarantee Your satisfaction is our goal — and our guarantee! if you are not satisfied with this seminar, we’ll make it right.