The Portable Lawyer for Mental Health Professionals An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself

by Bernstein, Barton E.; Hartsell, Thomas L.

Edition: 2nd

ISBN13: 9780471465515

ISBN10: 0471465518

Format: Paperback

Pub. Date: 2004-04-12

Publisher(s): Wiley

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Summary

Safeguard your mental health practice with up-to-date information and savvy advice on practicing in today's legal environment Today's mental health professional must approach the legal aspects of practice with both sensitivity and foreknowledge. The array of legal guidelines and ethical standards to comprehend is increasing in scope and complexity. Licensing issues, ethics questions, and malpractice suits all present pitfalls that, if ignored or misapprehended, can interrupt or even end a career. Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals, Second Edition is an indispensable survival guide for all clinicians. The authors explain how to handle allegations of malpractice, cope with threats of violence, preserve client confidentiality, and more. Each chapter features step-by-step guidance, helpful case studies, "legal light bulbs" highlighting important concepts, answers to frequently asked questions, dos and don'ts, and sample forms and contracts to help you safeguard your practice. Completely revised and updated, the Second Edition also includes new information on: HIPAA Treating older adults Using "exotic" therapy techniques Ethical and legal aspects of office leases And more The Portable Lawyer for Mental Health Professionals, Second Edition offers the latest information for practicing in today's legal environment. Mental health caregivers, graduate students, attorneys, and clients alike will find this guide to be an invaluable resource.

Author Biography

Barton E. Bernstein, JD, LMSW, is an attorney in private practice. He is also an adjunct professor at the University of Texas, Arlington, and a licensed master social worker.

Thomas L. Hartsell Jr., JD, is an attorney and mediator in private practice and an adjunct professor at Southern Methodist University and Northlake College. Together the authors have coauthored The Portable Ethicist for Mental Health Professionals (Wiley) and conduct workshops and seminars across the United States.

SECTION ONE: CLINICAL RECORDS: PROTECTED OR NOT.

1. Clinical Notes.

2. Consent Forms.

3. Correcting Errors.

4. Discharge or Termination.

5. Electronic Records.

6. Intake and Consent Forms.

7. Maintaining Records.

8. Treatment Plans.

SECTION TWO: CONFIDENTIALITY.

9. Couples, Family, and Group Therapy.

10. Insider Information.

11. Third-Party Payers.

SECTION THREE: CONTRACTS.

12. Capitation Agreements.

13. “Gag Rules”.

14. Office Leases.

SECTION FOUR: FEES.

15. Sliding Fee Scales.

16. Recovering Unpaid Fees.

SECTION FIVE: FORENSIC ISSUES.

17. Abuse Allegations.

18. Child Custody and Consent-to-Treat Issues.

19. Children as Witnesses.

20. Expert Witness.

21. Forensic Evaluation.

22. Involuntary Commitment.

23. Threats of Violence.

SECTION SIX: PRACTICE MODELS.

24. Groups.

25. Partnerships.

26. Solo Practitioner: Incorporate or Not?

SECTION SEVEN: HOW TO AVOID MALPRACTICE CHARGES.

27. Acts of Commission.

28. Acts of Omission.

29. What to Do If You Are Sued.

SECTION EIGHT: MANAGED CARE.

30. Confidentiality Issues.

31. Duty to Appeal.

SECTION NINE: TEAMWORK.

32. Legal Aspects of Delegating.

33. Supervisor/Supervisee Responsibilities.

SECTION TEN: UNUSUAL PRACTICES.

34. Geriatric Clients.

35. Nontraditional and Exotic Therapies.

36. Internet Therapy.

SECTION ELEVEN: THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA).

37. HIPAA Overview.

38. HIPAA Privacy Rule.

39. Personal Representatives (45 CFR 164.502(g)).

40. Business Associates (45 CFR 164.502(e), 164.504(e), 164.532(d) and (e)).

41. Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506).

42. Disclosures for Public Health Activities and Workers’ Compensation.

43. Marketing and Research (Accounting for Disclosures).

44. Notice of Privacy Practices for Protected Health Information (45 CFR 164.520).

45. Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f )).

46. HIPAA Security Rule.

APPENDIX A: Bylaws for an IPA.

APPENDIX B: Partnership Agreement.

APPENDIX C: Articles of Incorporation: Professional Corporation.

APPENDIX D: Articles of Incorporation: General Corporation.

APPENDIX E: Sample Business Associate Contract.

APPENDIX F: Business Associate Contract (Attorney Services).

APPENDIX G: Authorization for the Use and Disclosure of Protected Health Information.

APPENDIX H: Client Information Amendment Form.

APPENDIX I: Notice of Privacy Practices of Susan A. Jones, LPC.

APPENDIX J: Accounting of Disclosures of Protected Health Information.

APPENDIX K: Request for Accounting of Protected Health Information Disclosures.

APPENDIX L: Authorization Revocation Form.

REFERENCES AND READING MATERIALS.

INDEX.