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

ISBN-13: 9781118341087 / Angielski / Miękka / 2013 / 560 str.

Barton E Bernstein

Opis

Everything you need to legally safeguard your mental health practice Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein--attorneys and therapists specializing in legal issues concerning mental health--this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed. With downloadable sample forms and contracts--including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms--this complete resource features step-by-step guidance, helpful case studies, and -legal light bulbs- to alert clinicians to warning signs and help them steer clear of legally questionable situations. New to the Third Edition

• Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world
• Vital information on a variety of associations' ethics guidelines
• A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act
• Considerations for using or not using evidence-based treatments
• New information on working with minors and dealing with homicidal clients

Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.

Spis treści

Sample Forms xi

Preface xiii

Acknowledgments xvii

SECTION ONE CLINICAL RECORDS: PROTECTED OR NOT

1 Clinical Notes 3

2 Consent to Disclosure Forms 11

3 Correcting Errors 19

4 Discharge or Termination 26

5 Electronic Records 34

6 Intake and Consent Forms 43

7 Maintaining Records 66

8 Treatment Plans and Client Access to Records 77

SECTION TWO CONFIDENTIALITY

9 Couples, Family, and Group Therapy 95

10 Insider Information 102

11 Third–Party Payers 108

SECTION THREE CONTRACTS

12 Capitation Agreements 119

13 Gag Rules 126

14 Office Leases 134

SECTION FOUR FEES

15 Setting Fees 145

16 Sliding Fee Scales 152

17 Recovering Unpaid Fees 159

SECTION FIVE FORENSIC ISSUES

18 Abuse Allegations 169

19 Child Custody and Consent–to–Treat Issues 177

20 Children as Witnesses 186

21 Expert Witness 193

22 Forensic Evaluation 205

23 Involuntary Commitment 213

24 Threats of Violence 220

SECTION SIX PRACTICE MODELS

25 Groups 233

26 Partnerships 240

27 Solo Practitioner: Incorporate or Not? 247

SECTION SEVEN HOW TO AVOID MALPRACTICE CHARGES

28 Acts of Commission 261

29 Acts of Omission 270

30 What to Do If You Are Sued 281

SECTION EIGHT MANAGED CARE

31 Confidentiality Issues 289

32 Duty to Appeal 298

SECTION NINE TEAMWORK

33 Legal Aspects of Delegating 307

34 Supervisor/Supervisee Responsibilities 311

SECTION TEN UNUSUAL PRACTICES

35 Geriatric Clients 321

36 Nontraditional and Exotic Therapies 329

37 Internet Therapy 336

38 Social Media 351

SECTION ELEVEN FEDERAL REGULATIONS, HIPAA, AND HITECH

39 HIPAA Overview 359

40 HIPAA Privacy Rule 361

41 Personal Representatives (45 CFR 164.502(g)) 376

42 Business Associates (45 CFR 164.502(a)(1 4), 164.502(e), 164.504(e), 164.532(d) and (e)) 382

43 Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506) 390

44 Disclosures for Public Health Activities andWorkers Compensation 398

45 Marketing and Research (Accounting for Disclosures) 404

46 Notice of Privacy Practices for Protected Health Information (45 CFR 164.520) 413

47 Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f)) 418

48 HIPAA Security Rule 422

49 The HITECH Act (42 U.S.C. Chapter 156) 439

APPENDIX A Bylaws for an IPA 447

APPENDIX B Partnership Agreement 461

APPENDIX C Articles of Incorporation: Professional Corporation 465

APPENDIX D Articles of Incorporation: General Corporation 469

APPENDIX E Certificate of Formation of a Professional Limited Liability Company 473

APPENDIX F Professional Limited Liability Company Member Agreement 475

APPENDIX G Sample Business Associate Contract 481

APPENDIX H Business AssociateContract (Attorney Services) 490

APPENDIX I Authorization for the Use and Disclosure of Protected Health Information 498

APPENDIX J Client Information Amendment Form 499

APPENDIX K Notice of Privacy Practices of Susan A. Jones, LPC 501

APPENDIX L Accounting of Disclosures of Protected Health Information 506

APPENDIX M Request for Accounting of Protected Health Information Disclosures 507

APPENDIX N Authorization Revocation Form 508

References and Reading Materials 509

Author Index 513

Subject Index 515

Sample Forms

CLIENT FORMS

Client Termination Letter 31

Client Information and Consent 56

Informed Consent Form: Psychological Testing 86

HIPAA FORMS

Fax/E–Mail Confidentiality Clause 373

Fax Audit 374

Business Associate Contract (Billing Services) 481

Business Associate Contract (Attorney Services) 490

Authorization for the Use and Disclosure of Protected Health Information 498

Client Information Amendment Form 499

Notice of Privacy Practices of Susan A. Jones, LPC 501

Accounting of Disclosures of Protected Health Information 506

Request for Accounting of Protected Health Information Disclosures 507

Authorization Revocation Form 508

CONSENT FORMS

Consent to Therapist–to–Therapist Disclosure of Client Records/Information 14

Single File for Joint Sessions 101

Consent for Release of Information Upon Insurance Assignment 114

Consent for Release of Information to Insurance Company 115

Consent to Disclosure of Confidential Information to Managed Care Company 296

Specific Consent to Animal–Assisted Therapy 334

Specific Client Information and Consent Clauses for Distance Therapy 348

WAIVER FORMS

Parental Waiver of Right to Child s Records 64

Client Waiver of Full Disclosure Clause 85

Agreement Not to Seek Testimony 203

MISCELLANEOUS FORMS

Group Confidentiality 100

Application for Limited Liability Partnership 246

Articles of Organization of Limited Liability Company 255

Ethical Standards in Managed Care 299

Social Media/Website Therapy Disclaimer 355

Bylaws for an IPA 447

Partnership Agreement 461

Articles of Incorporation: Professional Corporation 465

Articles of Incorporation: General Corporation 469

Certificate of Formation of a Professional Limited Liability Company 473

Professional Limited Liability Company Member Agreement 475

O autorze

THOMAS L. HARTSELL Jr., JD, is an attorney and mediator in private practice in Dallas, Texas. He is a frequent workshop presenter on topics related to ethics, managed care, confidentiality, informed consent, abuse allegations, and other legal aspects of mental health practice.

BARTON E. BERNSTEIN, JD, LMSW, is an attorney in private practice in Dallas, Texas, and a Licensed Master Social Worker. He conducts workshops and seminars throughout the United States.