The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself / Edition 2

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Overview

The Portable Lawyer for Mental Health Professionals is an indispensable survival guide for mental health professionals practicing in these most litigious of times. Written by two attorneys specializing in the legal aspects of the mental health professions, it arms you with the expert knowledge you need to protect yourself and your practice, while serving your clients. Keeping the legal jargon to a bare minimum, Barton Bernstein and Thomas Hartsell, Jr. explain how to handle tricky practice issues such as malpractice allegations, coping with threats of violence, and preserving client confidentiality in a managed care era. You owe it to yourself and your clients to be up to speed on the important legal issues surrounding your profession. With The Portable Lawyer for Mental Health Professionals at your side you always will be.

The book contains no figures.

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Editorial Reviews

Aimee St. Pierre
This reference on legal aspects of clinical practice for mental health professionals includes sample forms and letters for use with clients. It is intended to provide easily accessible legal information for mental health professionals. This is a worthy goal, and this book should be useful for busy clinicians who may refer to it regarding a variety of issues that regularly arise in mental health practices. The authors have targeted all mental health professionals. However, psychiatrists will find this book somewhat lacking since it does not address issues related to medical diagnosis and treatment. The credibility of the authors is high; both are attorneys, and one is also a clinical social worker. This book addresses the fundamentals of clinical practice (e.g., confidentiality, fee arrangements, termination of treatment) and also includes legal aspects of business practice such as incorporation and managed care. Brief clinical vignettes are used to introduce important legal issues, and significant points are bulleted for quick reference. Sample forms are a particularly useful feature. The failure to include the aspects of practice unique to psychiatrists, especially related to somatic treatments, is a particular shortcoming of this book. Also, the lengthy sample incorporation documents are of little utility to the reader. This book is a unique and valuable addition to the paucity of literature addressing the legal aspects of conducting a mental health practice. The quality of the legal information is excellent without being overly detailed or obscure. While the book has obvious usefulness for students and beginning practitioners, its format and organization make it a resourcealso for busy clinicians who have specific questions or are in need of an update on legal aspects of practice management.
From The Critics
Reviewer: Aimee St. Pierre, MD (Rush University Medical Center)
Description: This reference on legal aspects of clinical practice for mental health professionals includes sample forms and letters for use with clients.
Purpose: It is intended to provide easily accessible legal information for mental health professionals. This is a worthy goal, and this book should be useful for busy clinicians who may refer to it regarding a variety of issues that regularly arise in mental health practices.
Audience: The authors have targeted all mental health professionals. However, psychiatrists will find this book somewhat lacking since it does not address issues related to medical diagnosis and treatment. The credibility of the authors is high; both are attorneys, and one is also a clinical social worker.
Features: This book addresses the fundamentals of clinical practice (e.g., confidentiality, fee arrangements, termination of treatment) and also includes legal aspects of business practice such as incorporation and managed care. Brief clinical vignettes are used to introduce important legal issues, and significant points are bulleted for quick reference. Sample forms are a particularly useful feature. The failure to include the aspects of practice unique to psychiatrists, especially related to somatic treatments, is a particular shortcoming of this book. Also, the lengthy sample incorporation documents are of little utility to the reader.
Assessment: This book is a unique and valuable addition to the paucity of literature addressing the legal aspects of conducting a mental health practice. The quality of the legal information is excellent without being overly detailed or obscure. While the book has obvious usefulness for students and beginning practitioners, its format and organization make it a resource also for busy clinicians who have specific questions or are in need of an update on legal aspects of practice management.

3 Stars from Doody
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Product Details

  • ISBN-13: 9780471465515
  • Publisher: Wiley
  • Publication date: 4/2/2004
  • Edition description: REV
  • Edition number: 2
  • Pages: 480
  • Product dimensions: 7.42 (w) x 9.19 (h) x 1.04 (d)

Meet the Author

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.

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Table of Contents

Sect. 1 Clinical Records: Protected or Not
1 Clinical Notes 3
2 Consent Forms 10
3 Correcting Errors 18
4 Discharge or Termination 25
5 Electronic Records 33
6 Intake and Consent Forms 41
7 Maintaining Records 59
8 Treatment Plans 68
Sect. 2 Confidentiality
9 Couples, Family, and Group Therapy 79
10 Insider Information 85
11 Thirty-Party Payers 90
Sect. 3 Contracts
12 Capitation Agreements 101
13 "Gag Rules" 108
14 Office Leases 116
Sect. 4 Fees
15 Sliding Fee Scales 127
16 Recovering Unpaid Fees 133
Sect. 5 Forensic Issues
17 Abuse Allegations 145
18 Child Custody and Consent-to-Treat Issues 153
19 Children as Witnesses 161
20 Expert Witness 168
21 Forensic Evaluation 178
22 Involuntary Commitment 186
23 Threats of Violence 194
Sect. 6 Practice Models
24 Groups 205
25 Partnerships 212
26 Solo Practitioner: Incorporate or Not? 220
Sect. 7 How to Avoid Malpractice Charges
27 Acts of Commission 231
28 Acts of Omission 241
29 What to Do If You Are Sued 251
Sect. 8 Managed Care
30 Confidentiality Issues 259
31 Duty to Appeal 266
Sect. 9 Teamwork
32 Legal Aspects of Delegating 275
33 Supervisor/Supervisee Responsibilities 280
Sect. 10 Unusual Practices
34 Geriatric Clients 289
35 Nontraditional and Exotic Therapies 297
36 Internet Therapy 304
Sect. 11 The Health Insurance Portability and Accountability Act (HIPAA)
37 HIPAA Overview 315
38 HIPAA Privacy Rule 318
39 Personal Representatives (45 CFR 164.502(g)) 333
40 Business Associates (45 CFR 164.502(e), 164.504(e), 164.532(d) and (e)) 338
41 Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506) 345
42 Disclosures for Public Health Activities and Workers' Compensation 354
43 Marketing and Research (Accounting for Disclosures) 360
44 Notice of Privacy Practices for Protected Health Information (45 CFR 164.520) 369
45 Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f)) 374
46 HIPAA Security Rule 378
App. A Bylaws for an IPA 397
App. B Partnership Agreement 412
App. C Articles of Incorporation: Professional Corporation 417
App. D Articles of Incorporation: General Corporation 421
App. E Sample Business Associate Contract 425
App. F Business Associate Contract (Attorney Services) 431
App. G Authorization for the Use and Disclosure of Protected Health Information 436
App. H Client Information Amendment Form 437
App. I Notice of Privacy Practices of Susan A. Jones, LPC 439
App. J Accounting of Disclosures of Protected Health Information 444
App. K Request for Accounting of Protected Health Information Disclosures 445
App. L Authorization Revocation Form 446
References and Reading Materials 447
Index 449
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