Beyond HIPAA: Patient Medical Records and Client Confidentiality in Mental Health


Mark R. Brengelman, Attorney at Law is Keynote Speaker at Compliance Key. He worked as the assigned counsel to numerous health professions licensure boards as an Assistant Attorney General for the Commonwealth of Kentucky. Moving to private practice, he now helps private clients in a wide variety of contexts who are professionally licensed. Mark became interested in the law when he graduated with both Bachelor's and Master's degrees in Philosophy from Emory University in Atlanta. He then earned a Juris Doctorate from the University of Kentucky College of Law. In 1995, Mark became an Assistant ........

Overview

State law and contractual requirements mandate medical record keeping compliance. Then, compliance with HIPAA for protected health information in those records intersects with state laws and codes of ethics which mandate confidentiality, but there are many state law exceptions recognized by HIPAA. The exceptions sometimes allow and sometimes mandate what would otherwise be a confidentiality breach.
The sanctity of the doctor-patient relationship then moves to the uncertain territory where client confidentiality meets a duty to act.

Why should you attend this webinar?

For many years now, HIPAA has provided a federal right to privacy for patient medical records, including mental health records. However, fearing issues not with federal mandates but with state laws, the mental health care practitioner must know and comply with individual state laws and ethics governing the confidentiality of client information in the context of a doctor-patient relationship.
HIPAA has standardized office medical record keeping, releases, and professional communications with third parties. But how is client confidentiality addressed beyond mere record keeping? Competing interests and privacy mandates create tension with these differing mandates.
Compliance with HIPAA allows risk the practitioner is HIPAA-compliant but liable to other confidentiality issues. Not only do state laws and codes of ethics mandate confidentiality, but there are many state law exceptions recognized by HIPAA that sometimes allow and sometimes mandate what would otherwise be a confidentiality breach.
The sanctity of the doctor-patient relationship then moves to the uncertain territory where client confidentiality meets a duty to act, such as, a duty to warn of impending harm or a duty to report suspected child abuse or neglect. Such duties to act do not require the permission of the client, or even the notification to the client, that information about them is being disclosed and reported. This uncertainty exists at a time when the practitioner is most vulnerable - when the practitioner must decide whether and how to act.
Doubtful conduct by practitioners will be examined to their detriment by patients suing for malpractice and licensure boards investigating breaches of confidentiality. This seminar will first review the standardized HIPAA requirements for patient medical records. From that perspective, the seminar will answer the issues presented by expanding to review state laws on patient confidentiality, evidentiary privileges, and exceptions mandated by law.
Erase the uncertainty of situations where multiple sources of client confidentiality conflict that govern the secrets held in confidence by mental health practitioners - beyond HIPAA.

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Webinar Id: LSHCMRB003

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Duration: 60 mins

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 $167 (Single Attendee)  $599 (Unlimited Attendee)

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