When Can You, When Must You, and How Do You Report a Danger to a Patient/Client or Others?

Live Webinar

  • 60 minutes

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.

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

Join this session by expert speaker Jonathan P. Tomes, where he will review whether ethics permit or require disclosure of client information to prevent or mitigate violence.

Session Highlights:

  • Consider whether mental or behavioral health clients are actually more likely than others to engage in violent attacks

  • Sanctions for failure to report/disclose and for improper disclosure

  • Federal and state statutes and regulations on the duty to warn to prevent or mitigate violence. o HIPAA. o 42 C.F.R. Part 2. o State Laws

  • 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

  • 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

  • Presenter’s methodology to assess whether a threat exists

Why You Should Attend:

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.

Who Should Attend:

  • Psychiatrists

  • Psychologists

  • legal counsel

  • Risk managers

  • HIPAA consultants

  • Family Counselors

  • Compliance officers

  • Substance Abuse Counselors

  • General healthcare practitioners

  • Licensed Clinical Social Workers

  • The staff of mental and behavioral health clinics and facilities

  • Medical, Mental, Behavioral Health workers/ Health staff

  • Directors of Health Information Management, medical record directors, and those who work with medical information 

*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.

Jonathan P. Tomes

Jonathan P. Tomes

Jon is a nationally recognized expert on the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), particularly its Security and Privacy Rules. He is an attorney and has given HIPAA training nationwide, been an expert witness on HIPAA, consulted with more than 1,000 medical businesses, given HIPAA legal opinions, and represented clients being investigated for HIPAA violations. He has written more than 60 books on HIPAA and other health law topics and a like number of published articles.

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