Mental and Behavioral Health: Reporting of Clients Who Pose a Danger to Self or Others

Duration 90 Mins
Webinar ID IQW19E0503
Level Basic & Intermediate & Advanced

  • The Presenter’s methodology to assess whether a threat exists
  • Sanctions for failure to report/disclose and for improper disclosure
  • Review whether ethics permit or require disclosure of client information to prevent or mitigate violence
  • Federal and state statutes and regulations on the duty to warn to prevent or mitigate violence
  • Federal and state statutes and regulations on disclosure of client information to prevent or mitigate violence
  • Judicial decisions on the duty to warn and the propriety of disclosure of client information to prevent or mitigate violence
  • Consider whether mental or behavioral health clients are actually more likely than others to engage in violent attacks
  • What conditions give rise to the duty to warn or permission to do so in the absence of a specific duty
  • DHHS methodology to assess whether a threat exists

Overview of the webinar

  • This webinar will give attendees the knowledge to evaluate whether and how to report that a client is a risk to himself or others without violating HIPAA, 42 C.F.R. Part 2 (regulating substance abuse treatment information) and other state and federal confidentiality laws
  • It will provide a methodology to do so, including a worksheet to fill out in such situations which will go a long way to ensuring a correct decision while at the same time minimizing any adverse legal consequences

Who should attend?

  • Privacy Officer
  • Healthcare Attorney
  • Mental Health Professional
  • Behavioral Health Professional
  • Psychologist
  • Psychiatrist
  • Licensed Clinical Social Worker
  • Substance Abuse Counselor
  • Compliance Officer
  • Risk Managers
  • Healthcare Consultants

Why should you attend?

  • With the recent shootings at Marjory Stoneman Douglas High in Parkland, Florida, the debate on the prevalence of mental health in public mass shootings has identified
  • Much Press coverage has focused on the failure of many entities to take effective action to prevent these deaths and serious injuries
  • Such practices face great potential liability both for reporting improperly (e.g., breach or confidentiality lawsuit) or for failing to report (e.g. lawsuit for wrongful death). And the decision whether to report is not an easy one
  • Attendees will have the knowledge of whether and how to disclose health information to prevent or mitigate the harm of violence against a named individual or the public in general
  • Attendees will have a methodology to make those determinations, document them, and protect themselves from liability in such situations
  • Besides learning all the points covered above, attendees will also receive a checklist to follow to document such incidents and their outcomes

Faculty - Mr.Jonathan P. Tomes

Jonathan P. Tomes is a national HIPAA compliance consultant and attorney admitted in Illinois, Missouri, Kansas, and Oklahoma who practices in Kansas City, Kansas, and the greater Kansas City area. After he had retired from the U.S. Army as a JAGC officer, having been a military judge (which taught him how to read and interpret government regulations) and having spent several years as a military intelligence officer (which taught him about gathering and using information), he taught law at IIT Chicago-Kent College of Law before he opened his own private law practice. Mr. Tomes is President of EMR Legal, a national HIPAA compliance consulting firm. EMR Legal has consulted and trained over 1,000 HIPAA clients since 1998, ranging from Federal, State and County governments to large hospitals to small practices. Jon is currently working on an online HIPAA training video and an online HIPAA risk assessment.


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