Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences.
Lois Fenne – Legal and Ethical Issues in Behavioral Health in New Mexico
Overview/Confidentiality of Mental Health Records
When and to Whom Records Can Be Released
Mandatory Disclosure Requirements
Alcohol/Drug and AIDS/HIV Treatment Records
Necessary Documentation
HIPAA 101 – Federal Confidentiality Regulations
What Is HIPAA Today?
How Do I Comply with the Regulations?
What Are “Psychotherapy Notes”?
When May I Release Records?
How Much Paperwork Will This Be for My Office?
Responding to Subpoenas, Court Orders and Law Enforcement
Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
Search Warrants & Court Orders
Authority to Obtain Information
Investigations
Development of Policies and Procedures to Respond
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 or an Involuntary Commitment
Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
Mental Illness
Procedures
Professional Ethics and Boundary Issues
Consent Elements and Competency Issues
Medication: Right to Refuse
Restraints and Seclusion
Individual’s Legal Rights
Informed Consent
Boundary Issues: Where the Lines Are Blurred
Prescribing Practices
Board of Health Professionals Investigation – Disciplinary Proceedings
Legal Liabilities of the Professional
Duty to Warn Issues
Professional Obligations and Standards
Fraud & Abuse Issues
Billing & Coding Errors
Documentation
Compliance with Contradictory Laws
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Description:
Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This recording will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls. If you watch only one recording this year, make it this one.
Watch attorney Lois Fenner for an entertaining and enlightening day and leave with a greater understanding of the latest New Mexico laws as they relate to behavioral 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.
