Product Detail

1. Compare and contrast the privacy requirements of HIPAA, the Minnesota Government Data Practices Act and the Minnesota Health Records Act as they apply to behavioral health records in Minnesota.
2. Discuss who can consent to mental health treatment for a minor child.
3. Review who can see the mental health treatment records of a minor child.
4. Demonstrate how to analyze a subpoena and how to respond to a subpoena.
5. Identify how to respond to other kinds of requests for patient information.
6. Explain enforcement actions under HIPAA, the Minnesota Government Data Practices Act and the Minnesota Health Records Act related to behavioral health.
7. Outline the steps that are necessary if you discover a breach under HIPAA, the Data Practices Act and the Minnesota Health Records Act.

Confidentiality of Mental Health Records

• Three Minnesota laws that might apply to your records
  • HIPAA
  • The Minnesota Government Data Practices Act
  • The Minnesota Health Records Act
• Similarities and differences in the laws
• Particular ways that the state laws are more restrictive than HIPAA

Consent to Mental Health Treatment of Minors

• Who can authorize treatment for a child?

Release of Mental Health Records of Minors

• Who can see a child’s mental health records?
• When should a child’s records not be released to a parent?
• The rights of unmarried parents, divorced parents, guardians, and parents whose parental rights have been terminated

Respond to Subpoenas and Requests for Information from Law Enforcement

• What about requests from others for information about clients?
• When a response is required and when it is not
• Techniques for analyzing and responding to subpoenas

Behavioral Health HIPAA Enforcement Actions

• Overview to date
• HIPAA HI-TECH notification requirements
• Enforcement under the Data Practices Act and the Minnesota Health Records Act

Mary K. Martin, J.D., has been advising behavioral health providers for more than 30 years. She limits her practice to representing health and human services providers, working in the areas of privacy and confidentiality, audits, employment, regulatory issues, corporate and organizational matters, Medicare and Medicaid payment, professional licensure matters, fraud and abuse, and litigation.

Ms. Martin is certified by the Minnesota State Bar Association as a labor and employment law specialist. She serves on the governing council of the Labor and Employment Law Section of the Minnesota State Bar Association. She is past chairperson of the Administrative Law Section of the Minnesota State Bar Association and of the Health Law Section of the Minnesota State Bar Association. She is a frequent lecturer on legal topics.

For U.S. and Canadian customers, a CE test is available for $9.99 USD per participant. International CE rates may vary; please contact our Customer Service at 1-800-844-8260 for more details.

Listed below are the continuing education credit(s) currently available for this non-interactive self-study package. Please note, your state licensing board dictates whether self study is an acceptable form of continuing education. Please refer to your state rules and regulations.

Certificates of Successful Completion may be emailed, faxed or mailed to participants completing the post-test/evaluation and paying the CE fee.

**Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners. For speaker disclosures, please see the faculty biography.

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Ethics
This self-study course includes 6.25 hours of state specific ethics instruction. Not all boards allow ethics credit for self-study products. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.

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Addiction Counselors

This self-study course has been approved by PESI, Inc., as a NAADAC Approved Education Provider, for 6.0 CE in the Legal, Ethical, and Professional Development skill group. NAADAC Provider #77553. PESI, Inc. is responsible for all aspects of their programming. Full attendance is required; no partial credit will be awarded for partial attendance.

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Counselors
This intermediate self-study activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

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Marriage & Family Therapists
This self-study activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this self-study activity and contact your state board or organization to determine specific filing requirements.

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Nurses, Nurse Practitioners, and Clinical Nurse Specialists
This intermediate activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please contact your licensing board to determine if they accept programs or providers approved by other national or state licensing boards. A certificate of attendance will be awarded at the end of the program to participants who are in full attendance and who complete the program evaluation.

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Psychologists
This self-study activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline and the certificate of completion you receive from this self-study activity. Contact us for more information on your state board or organization specific filing requirements.

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Social Workers
PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.25 Ethics continuing education credits.

Course Level: Intermediate. Format: Asynchronous distance learning. Full attendance is required; no partial credits will be offered for partial attendance.

Minnesota Social Workers: PESI, Inc. is an approved provider with the State of Minnesota, Board of Social Work. Provider #: CEP-140. This self-study course has been approved for 6.0 continuing education hours. A certificate will be issued upon successful completion of a post-test.

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Other Professions
This self-study activity qualifies for 6.25 clock hours of instructional content as required by many national, state and local licensing boards and professional organizations. Retain your certificate of completion and contact your board or organization for specific filing requirements.

Disclaimer: **Information obtained in this course should be used within your scope of practice.
**It is your ethical responsibility to report accurate hours to your licensing board.
**All self-study participants must complete and pass (80% or better) a post-test and evaluation prior to receiving a certificate of completion. If you require a copy of the test/evaluation for CE purposes, please print at the time you take the test. Or you may call our customer service department and a copy of your test/evaluation will be emailed to you. Please allow 30-45 days.

Psychologists, Counselors, Social Workers, Case Managers, Addiction Counselors, Marriage & Family Therapists, Nurses, and other Mental Health Professionals