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

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

ISBN13: 978-0471465515

Cover of Portable Lawyer for Mental Health Professionals : An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself 2ND 04 (ISBN 978-0471465515)
ISBN13: 978-0471465515
ISBN10: 0471465518
Cover type: Paperback
Edition/Copyright: 2ND 04
Publisher: John Wiley & Sons, Inc.
Published: 2004
International: No

List price: $75.00

Portable Lawyer for Mental Health Professionals : An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself - 2ND 04 edition

ISBN13: 978-0471465515

Barton E. Bernstein and Thomas L. Hartsell

ISBN13: 978-0471465515
ISBN10: 0471465518
Cover type: Paperback
Edition/Copyright: 2ND 04
Publisher: John Wiley & Sons, Inc.

Published: 2004
International: No
Summary

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


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.

Author Bio

Barton E. Bernstein, JD, LMSW, is an attorney in private practice. He is also an adjunct professor at the University of Texas, Arlington, and a licensed master social worker.
Thomas L. Hartsell Jr., JD, is an attorney and mediator in private practice and an adjunct professor at Southern Methodist University and Northlake College. Together the authors have coauthored The Portable Ethicist for Mental Health Professionals (Wiley) and conduct workshops and seminars across the United States.

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 AVIOD MALPRACTICE CHARGES.

27. Acts of Commission.

28. Acts of Omission.

29. What to Do If You Get 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. Non-Traditional & Exotic Therapies.

36. Internet Therapy.

SECTION ELEVEN. HIPPA: THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.

37. HIPAA Overview.

38. HIPAA Privacy Rule.

39. Personal Representatives.

40. Business Associates.

41. Uses & Disclosures for Treatment, Payment & Health Care Operations.

42. Disclosures for Public Health Activities & Workers Compensation.

43. Marketing & Research.

44. Notice of Privacy Practices for Protected Health Information.

45. Restrictions on Government Access to Health Information.

46. HIPAA Security Rule.

APPENDICES: HIPAA FORMS.

Appendix 1. Sample Business Associate Contract.

Appendix 2. Business Associate Contract (Attorney Services).

Appendix 3. Authorization for the Use and Disclosure of Protected Health Information.

Appendix 4. Accounting of Disclosures of Protected Health Information.

Appendix 5. Request for Accounting of Protected Health Information Disclosures.

Appendix 6. Notice of Privacy Practices.

Appendix 7. Client Information Amendment Form.

Appendix 8. Authorization Revocation Form.

References and Reading Materials.

Index.

25.

 

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