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Inland Empire Chapter of CAMFT


"Shh, its Confidential”: Confidentiality of Mental Health Information Under California and HIPAA Laws

Dave Jensen, JD


Course Description: 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?  What “things” does a practitioner have to do to secure patient information to keep it confidential? In this six-hour presentation, Dave Jensen, JD will review California and HIPAA laws regarding the confidentiality of patient information.

Learning Objectives:

This workshop was designed to help you:

1.      Compare the “building blocks” of patient information and confidentiality under California law and HIPAA.

2.      Describe the structure of California Civil Code § 56.10 and the importance of written authorizations.
3.      Explain the relationship between California Civil Code §§ 56.10 and 56.104 and why this relationship is so important for outpatient psychotherapists.
4.      Apply the categories of “T-P-O” to patient information under HIPAA.
5.      Assess how HIPAA handles the technical aspects of confidentiality differently than California law does.

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, IV, V, and VI, have helped therapists to better understand their legal and ethical obligations.

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