Mental And Behavioral Health: When Can You And How Do You Report A Danger To Others?

MessageThis Webinar is over
Date Oct 16, 2018
Time 01:00 PM ET
Cost $199.00
To report or not to report a suspected threat

The recent shooting at Marjory Stoneman Douglas High in Parkland, Florida, has sparked debate on whether there’s a link between mental illness and mass shootings. There’s little doubt that mental and behavioral health professionals are exposed to clients who they reasonably believe could engage in active shooting incidents. The fact that mental (and behavioral) health is a significant factor in mass shootings raises two issues. First, can a mental or behavioral health practitioner report such risk factors and, if so, under what conditions? Second, what can the recipient do about it?

Now that Health and Human Services is enforcing civil money penalties as high as $5.5 million for HIPAA privacy rule violations, one does not want to disclose protected health information to avert or mitigate the harm of an active shooter incident. On the other hand, one could be sued for not making such a disclosure.

So what should you do if you suspect a client may be a threat to others (or their own self)? Join Jonathan Tomas in this exciting webinar to find out.

Learning Objectives

In this scintillating webinar, Jonathan will discuss
  • Find out if mental or behavioral health clients are really more likely than others to engage in violent attacks
  • Know the 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
  • Learn federal and state statutes and regulations on the duty to warn to prevent or mitigate violence
    • HIPAA
    • 42 C.F.R. Part 2
    • State Laws
  • Learn federal and state statutes and regulations on disclosure of client information to prevent or mitigate violence
  • Learn about judicial decisions on the duty to warn and the propriety of disclosure of client information to prevent or mitigate violence
  • Know what conditions give rise to the duty to warn or permission to do so in the absence of a specific duty
  • Understand DHHS methodology to assess whether a threat exists
  • Learn Jonathan’s tested methodology to assess whether a threat exists
  • And lot more!!
Why Should You Attend?

In this webinar, you will gain 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. You will learn a methodology to make those determinations, document them, and protect yourself from liability in such situations. Plus you will also receive a checklist to follow to document such incidents and their outcomes.
Who Should Attend?
This webinar is highly advised for:
  • Covered entities—mental and behavioral health practices and related disciplines and parent organizations with such departments
  • Consultants,
  • Compliance Officers,
  • Attorneys—that must be knowledgeable about handling such threats
Ask a question at the Q&A session following the live event and get advice pertaining to your situation, straight from our expert speaker.

About The Trainer:

Jonathan P. Tomes ,J.D.
Jonathan P. Tomes is a healthcare attorney, consultant, educator, and expert witness. He is a leading expert on the Health Insurance Portability and Accountability Act of 1996, particularly its Security and Privacy Rules. He also has litigated medical malpractice cases, defended doctors in revocation of licensure and credentialing proceedings, reviewed medical devices, and taught hospital law at Chicago-Kent College of Law. Jon has published more than 60 books and a like number of articles, most of which focus on healthcare compliance issues, including The Compliance Guide to HIPAA and the DHHS Regulations and its accompanying HIPAA Documents Resource Center CD of sample policies, procedures, and contracts, both now in their 6th edition).

He has also written Electronic Health Records: A Practical Compliance Guide, now in its 3rd edition, Medical Records Retention Guide, now in its 4th edition, How to Handle HIPAA Breaches, Complaints, and Investigations: Everything You Need to Know, Have You Heard about HIPAA? A Practical HIPAA Compliance Guide for Audiologists and Speech Pathologists, Mental and Behavioral Health and HIPAA: An Uneasy Alliance, The Complete HIPAA Policies and Procedures Guide with accompanying HIPAA Compliance Sample Policies and Procedures CD, and most recently Your Happy HIAA Book, among more than 50 other books. His articles have appeared in Health Data Management, Medical Claims Management, Credit Card Management, Journal of the Healthcare Financial Management Association, Journal of Health Care Finance, ACCA Docket, and Journal of AHIMA, among others. Jon is a skilled attorney, having litigated hundreds of cases, including medical malpractice, Public Health Service disciplinary actions, Merit Systems Protection Board cases, physician disciplinary matters, Military Claims Act and Federal Tort Claims Act cases, and criminal cases. He has presented programs for AHIMA, Faulkner & Gray, HFMA, the American Bar Association, the American Society of Association Executives, the Business Network, state American Health Information Management Association chapters, Cross Country Education, and Lorman Business Centers. He has appeared on The Nancy Grace Show, CNN, CNNC, The Dan Abrams Show, and A & E’s American Justice, among others.

Jon Tomes is also President of EMR Legal, a consulting firm that provides consulting services on HIPAA compliance and other issues regarding health information. Jon is also President and Publisher of Veterans Press, Inc., which publishes HIPAA compliance products. He has consulted for and or trained or both, more than 1,000 HIPAA compliance clients, including the Alabama Department of Medical Information; Wayne County (Detroit), MI; Genzyme, Inc.; Invisalign, Inc.; the American Health Information Management Association, and major hospitals, long-term care facilities, university health services, business associates, and physician practices from 100 physician networks to one clinician offices.  He is also a skilled litigator, having handled criminal defence, medical malpractice, hospital and nursing home cases, among others


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