Renee Martin – Pennsylvania Mental Health & The Law – 2020

Outline

Privacy, Confidentiality and Disclosure of Mental Health Information in PennsylvaniaPrivacy, Confidentiality and Disclosure of Mental Health Information in Pennsylvania

• Constitutional right to privacy and mental health informationConstitutional right to privacy and mental health information
• Inpatient and outpatient mental health services and the Mental Health Procedures Act – what survives HIPAAInpatient 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 CodeHIPAA 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 LPCsInformed 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 recordBalancing 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 IssuesSpecial Issues

• Social media and devices: Legal and ethical considerations for agencies and private practitioners – policy considerationsSocial 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)Shared legal custody and control of mental health information under Act 147 and the newly enacted Child Custody Law (Act 112 of 2010)
• Legal GuardianshipLegal Guardianship

Discovery Demands, Law Suits, and AuditsDiscovery Demands, Law Suits, and Audits

• Professional licensure and privileged communications: Your legal and ethical duties as a private practitionerProfessional licensure and privileged communications: Your legal and ethical duties as a private practitioner
• Subpoenas and court orders: Duty to respondSubpoenas and court orders: Duty to respond
• Electronic discovery and implications for disclosure of mental health information and social mediaElectronic discovery and implications for disclosure of mental health information and social media
• Responding to investigations and auditsResponding to investigations and audits

HITECH Act and Breach Notification RulesHITECH Act and Breach Notification Rules

• Standards and enforcement penalties under the HITECH ActStandards and enforcement penalties under the HITECH Act
• Who is covered and what is a “breach”?Who is covered and what is a “breach”?
• Who must be notified and how to notify?Who must be notified and how to notify?

Legal Liabilities of the ProfessionalLegal Liabilities of the Professional

• Duty to Warn IssuesProfessional Obligations and StandardsDuty to Warn IssuesProfessional Obligations and Standards
• Fraud & Abuse IssuesFraud & Abuse Issues
• Billing & Coding ErrorsBilling & Coding Errors
• DocumentationDocumentation