Renee Martin – Pennsylvania Mental Health & The Law – 2020

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