The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and YourselfSafeguard 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. |
Contents
SECTION TWO CONFIDENTIALITY | 77 |
SECTION THREE CONTRACTS | 99 |
SECTION FOUR FEES | 125 |
SECTION FIVE FORENSIC ISSUES | 143 |
SECTION SIX PRACTICE MODELS | 203 |
SECTION SEVEN HOW TO AVOID MALPRACTICE CHARGES | 229 |
SECTION EIGHT MANAGED CARE | 257 |
SECTION NINE TEAMWORK | 273 |
APPENDIX D Articles of Incorporation General Corporation | 421 |
APPENDIX E Sample Business Associate Contract | 425 |
APPENDIX F Business Associate Contract Attorney Services | 431 |
APPENDIX G Authorization for the Use and Disclosure of Protected Health Information | 436 |
APPENDIX H Client Information Amendment Form | 437 |
APPENDIX I Notice of Privacy Practices of Susan A Jones LPC | 439 |
APPENDIX J Accounting of Disclosures of Protected Health Information | 444 |
APPENDIX K Request for Accounting of Protected Health Information Disclosures | 445 |
SECTION TEN UNUSUAL PRACTICES | 287 |
SECTION ELEVEN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT HIPPA | 313 |
APPENDIX A Bylaws for an IPA | 397 |
APPENDIX B Partnership Agreement | 412 |
APPENDIX C Articles of Incorporation Professional Corporation | 417 |
APPENDIX L Authorization Revocation Form | 446 |
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Common terms and phrases
abuse accounting action addition agreement agrees Answer appropriate Asked attorney authorization bill Board of Directors Business Associate charged child claim client clinical concerning confidentiality consent consider consult continue contract copy Corporation court covered entity created determine disclose disclosure discussed document duty electronic employees establish ethical example give HIPAA implementation individual issue keep lawyer liability limited maintain malpractice meeting mental health professional necessary notes notice obligation obtain offer parent parties partnership payment permitted person policies possible practice present Privacy Rule problem procedures protected health information provider questions reasonable received records referral relationship request responsibility risk seek session Shareholders shares signed specific standard statutes suit sure termination therapist therapy tion treat treatment writing written