Portable Lawyer For Mental Health Professionals : An A-z Guide To Protecting Your Clients, Your Practice, And Yourself - 2nd edition

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.

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.