David Madigan & Paul Cooney – PESI – Legal & Ethical Issues in Behavioral Health in Oregon

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David Madigan & Paul Cooney – PESI – Legal & Ethical Issues in Behavioral Health in Oregon

A better understanding of your ethical and legal obligations can not only help you provide more effective treatment to your clients but can help you avoid costly mistakes. This program will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.

If you watch only one recording this year, make it this one. Join attorneys Paul Cooney and David Madigan for this entertaining and enlightening program and leave with a greater understanding of the latest Oregon law as it relates to mental 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.

Speakers

Paul A. Cooney, J.D.

Paul A. Cooney, J.D., is a healthcare attorney who has been in practice for 22 years. Mr. Cooney is managing partner at Cooney, Cooney and Madigan, LLC where he specializes in healthcare litigation and represents a wide variety of healthcare professionals in all aspects of their practice. Mr. Cooney is general counsel for the Oregon Psychological Association. He represents mental health professionals in malpractice cases, licensing and discipline matters, as well as general business matters. He is licensed to practice in both Oregon and Washington and is a frequent speaker on legal issues and risk management.

Speaker Disclosures:

Financial:  Paul Cooney is managing partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.

Non-financial: Paul Cooney has no relevant non-financial relationship to disclose.

David J. Madigan, J.D.
Attorney at Law
Cooney, Cooney and Madigan LLC

David J. Madigan, J.D., is a partner at Cooney, Cooney and Madigan, LLC. Dave has been in practice for 13 years and is licensed in both Oregon and Washington. As a healthcare attorney, Dave’s practice focuses on defending board complaints and advising healthcare practices on federal regulations, including Medicare, HIPAA, and Stark regulations, as well as setting up group practices. In the Cooney, Cooney and Madigan office, Dave is known as the subpoena guru.

Speaker Disclosures:

Financial: David J. Madigan is partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc.

Non-financial: David J. Madigan has no relevant non-financial relationship to disclose.

Objectives

1. Develop policies on ethical issues such as restraints, seclusions and informed consent.
2. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Oregon.
3. Explore the legal and ethical considerations for the treatment of minor populations in Oregon with regard to age of consent, confidentiality and custody concerns.
4. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
5. Compare the different requirements for responding to subpoenas and court orders for mental health records.
6. Determine the legal considerations for a clinician to be prepared when called for a deposition.

Outline

Professional Ethics and Boundary Issues

• Informed Consent Issues
• Ethics & Board Complaints

Legal Liabilities of the Professional

• Current Litigation Trends & Liability for Lost Data
• Clients Who Threaten You or Your Staff
• Business Issues for the Private Practitioner
• Business Issues for the Rural Practitioner
• Duty to Warn
• Suicidal Patients – Treatment and Documentation
• Abuse Reporting – Child/Elder/Developmentally Disabled

Balance the Rights of Minors & Parents

• Minors Rights

• Age of Majority
• Access to Records
• Rights of Minors to Refuse/Consent to Medication and Treatment

• Parental Rights

• Custodial and Divorce Factors
• Child Abuse Allegations
• Custodial vs. Non-Custodial Parent’s Rights to Records

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

Compliance with HIPAA and State Confidentiality Laws

• What Protections are Necessary to Insure Compliance?
• What are the Potential Liability Issues for Breaches of Confidentiality?
• What are the “Best Practices” for Health Care Providers to Insure Compliance/
• Practicing in the Digital Age

Responding to Subpoenas, Court Orders and Law Enforcement

• Subpoenas

• Types of Subpoenas
• Duty to Respond
• Time Limits

• Court Orders

• Duty to Respond

Litigation Issues & Board Complaints

• How to Prepare for a Deposition
• Documentation Issues
• What Can Be Done in Advance to Better Protect the Provider and the Clients

Ethics of Electronic Communication

• Encryption
• Email and Texting
• Tele-Mental Health

Target Audience

• Social Workers
• Psychologists
• Counselors
• Marriage & Family Therapists
• AODA Professionals
• Case Managers
• Nurses
• Health Information Managers
• Medical Records Professionals

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