- Faculty:
- Renee Martin
- Duration:
- 6 Hours 6 Minutes
- Format:
- Audio and Video
- Copyright:
- Aug 12, 2020
Description
Outline
Privacy, Confidentiality and Disclosure of Mental Health Information in Pennsylvania
- Constitutional right to privacy and mental health information
- Inpatient and outpatient mental health services and the Mental Health Procedures Act – what survives HIPAA
- HIPAA as amended by the HITECH act and as a base line National Privacy, Confidentiality and Disclosure Code
- Informed Consent and the duty to explain the limits of confidentiality under state board regulations, including psychologists and recently enacted regulations for SW, MFT, and LPCs
- Balancing the rights of children, adolescents and parents; the Minor’s Consent Act as amended by Act 147; rights of adolescents to control the release of the record
Special Issues
- Social media and devices: Legal and ethical considerations for agencies and private practitioners – policy considerations
- Shared legal custody and control of mental health information under Act 147 and the newly enacted Child Custody Law (Act 112 of 2010)
- Legal Guardianship
Discovery Demands, Law Suits, and Audits
- Professional licensure and privileged communications: Your legal and ethical duties as a private practitioner
- Subpoenas and court orders: Duty to respond
- Electronic discovery and implications for disclosure of mental health information and social media
- Responding to investigations and audits
HITECH Act and Breach Notification Rules
- Standards and enforcement penalties under the HITECH Act
- Who is covered and what is a “breach”?
- Who must be notified and how to notify?
Legal Liabilities of the Professional
- Duty to Warn IssuesProfessional Obligations and Standards
- Fraud & Abuse Issues
- Billing & Coding Errors
- Documentation
Faculty
Renee Martin, JD, RN, MSN, Related seminars and products: 1
Renee H. Martin, JD, RN, MSN, exclusively practices health care law and advises both individual and institutional behavioral health care providers on regulatory and transactional matters including patient safety and quality of care, fraud and abuse, reimbursement, compliance, and the development of corporate compliance plans. A significant portion of her practice centers on HIPAA compliance and informational privacy. She has represented numerous providers facing OCR audits and investigations and has brought each to a successful conclusion. As a registered nurse with over 15 years of clinical experience, she is uniquely qualified to assist clients in risk management, quality of care, and patient safety issues. Ms. Martin frequently writes and speaks nationally on a variety of health law issues.
Ms. Martin received her Diploma in Nursing from Bryn Mawr Hospital in 1977, B.S.N. magna cum laude from Neumann College in 1982, her M.S.N. magna cum laude from Villanova University in 1988, where she was listed in “Who’s Who in American Nursing,” and her J.D. from Villanova University School of Law in 1994, where she was a member of the Moot Court Board.
Ms. Martin is admitted to practice in Pennsylvania and is a registered nurse in the Commonwealth of Pennsylvania. She is a member of the American and the Pennsylvania Bar Associations. She is a member of the firm of Dilworth Payson, LP.
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