An Online Course from the American Health Law Association

In this online course, a panel of practitioners share their deep knowledge of legal and compliance considerations fundamental to behavioral health care. Fifteen modules answer the questions:

• What is behavioral health care?
• How is behavioral health care paid for?
• How is behavioral health patient care regulated?
• What additional issues impact specific patient populations, such as minors and veterans?
• What are the roles of information and technology in the behavioral health context?

Review the full course syllabus below. Designed for attorneys, compliance professionals, health care administrators, and HIT managers new to behavioral health care, this self-paced online course features bite-sized lessons, microvideos, and knowledge checks to keep learners engaged.

Behavioral Health Law & Compliance 101 takes approximately nine hours to complete. CLE and CCB approval pending. Discounted licenses are available to groups of ten or more. For information, email [email protected].

Course Syllabus

Part I: Basics of Behavioral Health Care Administration

Module 1: An Introduction to Behavioral Health

What constitutes a behavioral health condition and how does behavioral health care challenge our legal and health care systems?

Faculty: Jennifer Lohse, Aware Recovery Care, Inc.

Module 2: Who Provides Behavioral Health Care?

The variety of professionals who may provide behavioral health care means differences in training, licensing, credentialing, and scope of practice.

Faculty: Kirti Vaidya Reddy, Quarles & Brady LLP

Module 3: Where Is Behavioral Health Care Provided? 

Behavioral health services can be provided at a variety of health care access points, and models of care often depend on the service provider’s structure and resources. Moreover, compliance with federal and state regulations, local laws, and industry standards minimizes quality variance when providing behavioral health care services.  

Faculty: Tania N. Archer, Moore & Van Allen

Part II: How Is Behavioral Health Paid For?

Module 4: Behavioral Health Protections for Commercial Health Plans and Insurance Policies

A complex body of federal and state laws, regulations, and court decisions establish behavioral health care coverage requirements for health plans and insurers.

Faculty: David Shillcutt, Epstein Becker & Green, P.C.

Module 5: Medicare Reimbursement for Behavioral Health Services

Medicare spends more than $27 billion annually on behavioral health services, and these numbers are projected to increase in coming years. Given the importance of this spending to the financial viability of the vast majority of health care entities in the United States, it is incumbent on behavioral health care professionals to understand how the federal health care benefit programs operate.

Faculty: Hilary Isacson, Sutter Health

Module 6: Other Federal Payment Programs

Medicaid funding and block grants administered by the Substance Abuse and Mental Health Services Administration are important sources of behavioral health care coverage.

Faculty: Alicia W. Macklin, Hooper, Lundy & Bookman, P.C.

Part III: Regulation of Behavioral Health Patient Care

Module 7: Informed Consent in Behavioral Health Care

The doctrine of informed consent is a bedrock legal and ethical principle that governs the relationships between provider and patient, insured and insurer, and the human subject and clinical trial researcher

Faculty: Noreen Vergara, Husch Blackwell LLP

Module 8: Duty to Warn vs. Patient Confidentiality

In most jurisdictions, mental health professionals have a legal duty to warn requiring them to breach confidentiality and warn potential victims of intended acts of violence.

Faculty: Barbara Hirsch, Johns Hopkins Health System

Module 9: Involuntary Commitment and Diversion Programs

The civil commitment process is defined by state law. These laws exist within a constitutional Due Process framework.

Faculty: Eric Neiman, Epstein Becker & Green, P.C.

Module 10: Considerations Relating to Minors

Issues relating to consent, confidentiality, access, and specialized treatments and settings affect minors seeking and receiving behavioral health services.

Faculty: Colbey Reagan, Holland & Knight LLP
                 Carson Southard, Holland & Knight LLP

Module 11: Behavioral Health Care for Veterans

Understand the behavioral health needs of U.S. Veterans, the obstacles they encounter in trying to access and maintain care, and the laws that currently exist to help them.

Faculty: Anna Whites, Anna Whites Law Office
                 Shana Logue, Berkeley Research Group, LLC

Module 12: Coordination of Behavioral Health Care and Services

The coordination of behavioral health care and other interventions and services requires an understanding of related legal and ethical issues.

Faculty: Allison Petersen, INTEGRIS Health

Part IV: Information and Technology in the Behavioral Health Context

Module 13: Privacy and Security

The unique aspect of behavioral health information privacy and security is the application of laws and regulations specifically addressing mental health and substance use disorder information.

Faculty: Gerald "Jud" DeLoss, Illinois Association for Behavioral Health
                 Amy S. Leopard, Bradley Arant Boult Cummings LLP

Module 14: The Role of Data in Compliance and Enforcement

Prescription Drug Monitoring Programs provide an example of how compliance and enforcement are inextricably linked to behavioral health treatments.

Faculty: Michael D. "Mike" Bossenbroek, Corewell Health

Module 15: Digital Health Technology: Understanding Telehealth and Artificial Intelligence

An overview of regulatory considerations for utilizing digital health technology in behavioral health, with a particular focus on virtual care delivery via telehealth and the use of artificial intelligence as a tool to support behavioral health practitioners in the delivery of care.

Faculty: Jeremy Sherer, Orrick, Herrington & Sutcliffe LLP
                 Amy Joseph, Orrick, Herrington & Sutcliffe LLP