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.

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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.

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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

Sect. 1Clinical Records: Protected or Not
1Clinical Notes3
2Consent Forms10
3Correcting Errors18
4Discharge or Termination25
5Electronic Records33
6Intake and Consent Forms41
7Maintaining Records59
8Treatment Plans68
Sect. 2Confidentiality
9Couples, Family, and Group Therapy79
10Insider Information85
11Thirty-Party Payers90
Sect. 3Contracts
12Capitation Agreements101
13"Gag Rules"108
14Office Leases116
Sect. 4Fees
15Sliding Fee Scales127
16Recovering Unpaid Fees133
Sect. 5Forensic Issues
17Abuse Allegations145
18Child Custody and Consent-to-Treat Issues153
19Children as Witnesses161
20Expert Witness168
21Forensic Evaluation178
22Involuntary Commitment186
23Threats of Violence194
Sect. 6Practice Models
24Groups205
25Partnerships212
26Solo Practitioner: Incorporate or Not?220
Sect. 7How to Avoid Malpractice Charges
27Acts of Commission231
28Acts of Omission241
29What to Do If You Are Sued251
Sect. 8Managed Care
30Confidentiality Issues259
31Duty to Appeal266
Sect. 9Teamwork
32Legal Aspects of Delegating275
33Supervisor/Supervisee Responsibilities280
Sect. 10Unusual Practices
34Geriatric Clients289
35Nontraditional and Exotic Therapies297
36Internet Therapy304
Sect. 11The Health Insurance Portability and Accountability Act (HIPAA)
37HIPAA Overview315
38HIPAA Privacy Rule318
39Personal Representatives (45 CFR 164.502(g))333
40Business Associates (45 CFR 164.502(e), 164.504(e), 164.532(d) and (e))338
41Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506)345
42Disclosures for Public Health Activities and Workers' Compensation354
43Marketing and Research (Accounting for Disclosures)360
44Notice of Privacy Practices for Protected Health Information (45 CFR 164.520)369
45Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f))374
46HIPAA Security Rule378
App. ABylaws for an IPA397
App. BPartnership Agreement412
App. CArticles of Incorporation: Professional Corporation417
App. DArticles of Incorporation: General Corporation421
App. ESample Business Associate Contract425
App. FBusiness Associate Contract (Attorney Services)431
App. GAuthorization for the Use and Disclosure of Protected Health Information436
App. HClient Information Amendment Form437
App. INotice of Privacy Practices of Susan A. Jones, LPC439
App. JAccounting of Disclosures of Protected Health Information444
App. KRequest for Accounting of Protected Health Information Disclosures445
App. LAuthorization Revocation Form446
References and Reading Materials447
Index449

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