HIPAA Privacy Exceptions And The Duty To Warn Under State Law
Duration : 60 Minutes
Mark Brengleman, Counsel to numerous health professions
Mark worked as the assigned counsel to numerous health professions licensure boards as an Assistant Attorney General for the Commonwealth of Kentucky. Moving to private practice, he now helps private clients in a wide variety of contexts who are professionally licensed. Mark became interested in the law when he graduated with Read more
This new, advanced webinar identifies and applies exceptions to HIPAA confidentiality where state law mandates a duty to warn of a patient’s specific threat of a violence against an identified person or group. Erase the fear, uncertainty, and doubt that occurs when duty to warn laws conflict with HIPAA confidentiality in a mental health or other medical context.
Understand HIPAA exceptions as applied to the duty to warn – these are matters of life and death, especially for mental health practitioners. Medical confidentiality under HIPAA and a mental health care professional’s duty to warn clash in federal and state law.
Course Objectives:
This webinar provides an overview of HIPAA and the duty to warn under state law, including state tort standards creating this liability for mental health care professionals and other health care professionals. But how does the health care professional breach patient confidentiality and still comply with the privacy mandates of HIPAA?
Basic state laws will be reviewed giving a safe harbor under patient confidentiality and HIPAA exceptions. An analysis of three court cases guides the attendee on real-world outcomes from actual cases. Finally, the attendees will learn basic tips and techniques to avoid liability.
Course Outline:
• HIPAA privacy includes exceptions for state-law duty to warn – where federal and state law may conflict;
• State tort standards imposing a common law duty to warn – yet are allowed under strict HIPAA exceptions;
• State statures giving a safe harbor for the common law duty to warn – these are totally not addressed by HIPAA, and they vary from state to state;
• Three cases and three outcomes – a detailed analysis – how specific situations arise and their differing outcomes in the courts, and;
• Basic tips and techniques to defend yourself from liability – how successfully to defend yourself from liability yet comply with HIPAA and state law duty to warn.
What You Get:
• Training Materials
• Live Q&A Session with our Expert
• Participation Certificate
• Access to Signup Community (Optional)
• Reward Points
Who Will Benefit:
• Health care attorneys
• Risk management officers
• Corporate compliance officers in health care
• Medical records staff of medical offices and health care entities
• Hospital attorneys; health care practitioners who are covered entities
• Law enforcement officers in health care compliance
• State boards and agencies with jurisdiction over state licenses to practice a health care profession
Please reach us at 1-888-844-8963 for any further assistance or if you wish to register
