The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself / Edition 2 by Barton E. Bernstein JD, LMSW, Thomas L. Hartsell Jr., JD | | 9780471465515 | Paperback | Barnes & Noble
The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself / Edition 2

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

by Barton E. Bernstein JD, LMSW, Thomas L. Hartsell Jr., JD
     
 

ISBN-10: 0471465518

ISBN-13: 9780471465515

Pub. Date: 04/02/2004

Publisher: Wiley

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.

Overview

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.

Product Details

ISBN-13:
9780471465515
Publisher:
Wiley
Publication date:
04/02/2004
Edition description:
REV
Pages:
480
Product dimensions:
7.42(w) x 9.19(h) x 1.04(d)

Table of Contents

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.

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