Law & Ethics: "Shh...it's Confidential!" CMIA and HIPAA for California MFTs, David Jensen, JD

If confidentiality is the cornerstone of the therapist-patient relationship, it behooves therapists to have an accurate understanding of the laws that affect the confidentiality of patient information. What information must be kept confidential? What information could be shared without an authorization? How can we limit third-party access to outpatient information? Dave Jensen, JD will review California and HIPAA laws regarding the confidentiality of patient information during this 6 hour course, which can be be used to satisfy the law and ethics continuing education requirements of the California Board of Behavioral Sciences for LMFTs, LCSWs, LPCCs and LEPs.

This workshop is designed to help you:

• Compare the “building blocks” of patient information and confidentiality under California law and HIPAA.
  
• Describe the structure of California Civil Code § 56.10 and the importance of written authorizations.
  
• Explain the relationship between California Civil Code §§ 56.10 and 56.104 and why this relationship is so important for outpatient psychotherapists.
  
• Apply the categories of “T-P-O” to patient information under HIPAA.
  

Outline for the Day

 9:00   Introduction/Overview of the Class

 9:15   Four Compelling Themes of Confidentiality

10:00  CMIA or HIPAA?

10:15  What Patient Information is Confidential?

10:45  The Importance of Written Authorizations

11:15  Mandated and Permitted Disclosures of Patient Information

 1:00   HIPAA’s Minimum Necessary Standard

 1:15   California Civil Code § 56.104

 2:15   HIPAA and Psychotherapy Notes

 2:30   Confidentiality and “Others”

 3:30   Practical Applications in Confidentiality

List of Statutory, Regulatory or Decisional Authority:

• In Re Joseph Lifschutz (1970) 2 Cal.3d 415
  
• Garret v. Young (2003) 109 Cal.App4th 1393
  
• Roberts v. Superior Court (1973) 9 Cal.3d 330
  
• Pettus v. Cole (1996) 49 Cal.App.4th 402
  
• California Civil Code § 56.10, 56.11, 56.103, 56.104, 56.106, 56.1007
  
• 45 CFR §§ 164.502, 164.508, 164.514
  
• Colleen M. v. Fertility and Surgical Associates of Thousand Oaks (2005) 132 Cal.App.4th 1466
  
• Heller v. Norcal (1994) 8 Cal.4th 30
  
• California Health & Safety Code § 123115

Dave Jensen has been a Staff Attorney with CAMFT since April 2002. He was born in Flint, Michigan, but was raised in Tustin, California. Dave graduated from Brigham Young University with a Bachelor’s Degree in History, and he received his law degree from the Thomas Jefferson School of Law in San Diego, California. Dave passed the California bar examination in February 1999, and he did it on his first try! Before joining CAMFT, Dave worked for Foley & Lardner, a large national law firm, where he regularly established and advised nonprofit organizations. As an attorney with CAMFT, he consults with its members regarding their legal and ethical dilemmas, and he is a regular contributor to The Therapist magazine.  Dave gives numerous law and ethics presentations to chapters, schools, and agencies, and his popular, What Does the Law Expect of Me? series, which includes Parts I, II, III, and IV, have helped therapists to better understand their legal and ethical obligations.

 Saturday, January 12, 2019 from 9:00 to 4:00 

The workshop will be held at the 4 Points Sheraton Hotel 1010 Northgate Drive, San Rafael, CA 94903

• Lunch: On your own; there are many restaurants in the area
• Marin CAMFT encourages those who attend its events to respect the fact that some individuals may have allergies to fragrances and pet dander. We ask that you refrain from introducing these elements into our meeting room. Registered service animals are welcome, of course. 
• Information: For more information about Marin CAMFT's Workshops and about joining the Committee, please contact the Director-at-Large for CE.
• Continuing Education Goal: Marin CAMFT is committed to offering continuing education courses to train licensees to train LMFTs, LCSWs, LPCCs and LEPs to treat any client in an ethically and clinically sound manner based upon current accepted standards of practice. Course completion certificates will be awarded at the conclusion of the training and upon participant’s submission of his or her completed evaluation. 
• Refund Policy: Requests for refunds must be in writing and received by the Director-at-Large for CE no later than ten days before the program. There will be a $25.00 administrative fee to cancel registration for any program. The refund will be sent within ten days of the request.
• Accommodation for Special Needs: The special needs of persons with disabilities will be accommodated. The Program Committee will endeavor to assure that continuing education program materials, content and venue selections will meet the special needs of the disabled and that reasonable accommodation will be made. A request for accommodation can be made to the Director-at-Large for CE who will work with the Committee and event venue to meet the need. All instructors will read and adhere to Marin CAMFT’s stated policies.
• Grievance Procedure: Marin CAMFT will respond to complaints in a reasonable, ethical and timely manner, when submitted by program attendees in writing to the Director-at-Large for CE.
• Anti-Discrimination Policy: Marin CAMFT shall not discriminate against any individual or group with respect to any service, program or activity based on gender, race, creed, national origin, sexual orientation, religion, age or other prohibited basis. Marin CAMFT does not require attendees to adhere to any particular religion or creed in order to participate in training. Marin CAMFT will not promote or advocate for a single modality of treatment that is discriminatory or likely to harm clients based on current accepted standards or practice.
• CE Approvals: This workshop meets the qualifications for 6 hours of CE for LMFTs, LCSWs, LEPs and LPCCs as required by the California Board of Behavioral Sciences for license renewal. These will be provided by Marin CAMFT (CEP # 56895), which is approved by CAMFT to sponsor CE for LMFTs, LCSWs, LPCCs and LEPs. Marin CAMFT maintains responsibility for this program and its contents  Contact Director-at-Large for CE for more information.
• CE credits for psychologists are provided by the Spiritual Competency Resource Center (SCRC) which is co-sponsoring this program. The Spiritual Competency Resource Center is approved by the American Psychological Association to sponsor continuing education for psychologists. The Spiritual Competency Resource Center maintains responsibility for this program and its content.
• • The California Board of Behavioral Sciences accepts CE credits for LCSW, LPCC, LEP, and LMFT license renewal for programs offered by approved sponsors of CE by the American Psychological Association.
• • SCRC is approved by the California Board of Registered Nursing (BRN ProviderCEP16887) for licensed nurses in California.
• • For questions about receiving your Certificate of Attendance, contact martyfrankel@icloud.com.For For questions about CE, visit www.spiritualcompetency.com or contact David Lukoff, PhD at CE@spiritualcompetency.com.
    
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