Biron Bedard, Nicholas F. Casolaro – Legal & Ethical Issues in Behavioral Health in New Hampshire

Biron Bedard, Nicholas F. Casolaro – Legal & Ethical Issues in Behavioral Health in New Hampshire

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Biron Bedard | Nicholas F. Casolaro
5 Hours 26 Minutes
Audio and Video
May 29, 2019



Confidentiality of Records

  • HIPAA Privacy Rules and Effect on State law
  • Disclosure Requirements
  • Mandatory Reporting Requirements
  • Consequences of Improper Reporting and Disclosure

HIPAA Compliance

  • Releases for Treatment, Payment, and Healthcare Operations
  • Notice of Privacy Practices
  • Authorizations
  • Business Associates
  • Psychotherapy Notes
  • The HI TECH Act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

  • Subpoenas:
    • Types of Subpoenas, Duty to Respond, Time Limits
  • Court Orders:
    • Duty to Respond, Search Warrants
  • Law Enforcement
    • Authority to Obtain Information, Investigations, Development of Policies and Procedures to Respond

HIPAA 101 – Revised Federal Confidentiality Regulations

  • What is HIPAA Today?
  • How Do I Comply with the Revised Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This be for My Office?

Balancing the Rights of Minors & Parents

  • Minors Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment
  • Reasons to Use an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines are Blurred
  • Board of Health Professionals Investigation – Disciplinary Proceedings

Legal Liabilities for the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation


Biron Bedard, JD, BA Related seminars and products: 1

BIRON BEDARD is a director and shareholder with the law firm Ransmeier & Spellman, P.C., in Concord, New Hampshire. He represents a number of mental healthcare providers and skilled nursing facilities in his practice. The focus areas of his practice include litigation, business and commercial transactions, as well as mental health law.

Mr. Bedard is admitted to practice in New Hampshire and Maine, as well as the United States District Court, District of New Hampshire, and District of Vermont, and the United States Bankruptcy Court, District of New Hampshire. He was first admitted to the Bar over 20 years ago following receipt of his J.D. degree from the University of New Hampshire School of Law, and a B.A. degree, with honors, from St. Anselm College.

Speaker Disclosures:

Financial: Biron Bedard is a director and shareholder with Ransmeier & Spellman, PC. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Biron Bedard has no relevant nonfinancial relationship to disclose.

Nicholas F. Casolaro Related seminars and products: 1

Nicholas F. Casolaro is an attorney in the litigation department of McLane Middleton, Professional Association. Nick assists clients on a wide variety of business and civil litigation matters, with a focus on intellectual property and employment litigation. He also has extensive experience defending licensed mental health practitioners and medical professionals before New Hampshire and Massachusetts licensing boards. In addition to his litigation practice, Nick provides risk management advice to mental health professionals and organizations and manages clients’ intellectual property portfolios.

He received his J.D. for the University of New Hampshire School of Law (formerly Franklin Pierce Law Center) and his B.A. from the College of the Holy Cross. Nick is admitted to practice law in New Hampshire and Massachusetts and in the United States District Courts for the Districts of New Hampshire and Massachusetts, as well as the United States Court of Appeals for the First Circuit. For more information, please see

Speaker Disclosures:

Financial: Nicholas Casolaro is an attorney for McLane Middleton, Professional Association. He receives a speaking honorarium from PESI, Inc.

Non-financial: Nicholas Casolaro has no relevant non-financial relationship to disclose.


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