Legal and Ethical Issues in Behavioral Health in Louisiana

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• Court Orders: Must you Appear?
• When Not to Release Your Documentation
• Prevent Liability and Avoid Paying Damages
• Protect your Client, License & Practice
• Do’s and Don’ts of Documentation
• Why and When to call an Attorney
• Avoiding the Litigation Hot seat

Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This seminar 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 attend only one seminar this year, make it this one. Join attorney Lois Fenner for an entertaining and enlightening day and leave with a greater understanding of the latest Louisiana 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.

OUTLINE

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

OBJECTIVES

1. Explain how to comply with HIPAA regulations.
2. Describe the process for responding to subpoenas and court orders.
3. Identify the rights of minors and parents in mental health treatment and legal determinations.
4. Describe the role of the mental health professional in the commitment process.
5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.