The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself, 3rd Edition

  • Published By:
  • ISBN-10: 111841652X
  • ISBN-13: 9781118416525
  • DDC: 344.7304
  • Grade Level Range: College Freshman - College Senior
  • 32 Pages | eBook
  • Original Copyright 2013 | Published/Released June 2014
  • This publication's content originally published in print form: 2013

  • Price:  Sign in for price



Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals is an indispensable survival guide for anyone in practice. The authors explain how to handle allegations of malpractice, coping with threats of violence, preserving client confidentiality, and new to this edition, conducting business using digital, including social, media. Each chapter features step-by-step guidance, helpful case studies, "legal lightbulbs" which highlight concepts,  dos and don'ts, and downloadable sample forms and contracts to help safeguard your practice.

Table of Contents

Front Cover.
Half Title Page.
Title Page.
Copyright Page.
Sample Forms.
1: Clinical Records: Protected or Not.
2: Clinical Notes.
3: Consent to Disclosure Forms.
4: Correcting Errors.
5: Discharge or Termination.
6: Electronic Records.
7: Intake and Consent Forms.
8: Maintaining Records.
9: Treatment Plans and Client Access to Records.
10: Confidentiality.
11: Couples, Family, and Group Therapy.
12: Insider Information.
13: Third-Party Payers.
14: Contracts.
15: Capitation Agreements.
16: “Gag Rules”.
17: Office Leases.
18: Fees.
19: Setting Fees.
20: Sliding Fee Scales.
21: Recovering Unpaid Fees.
22: Forensic Issues.
23: Abuse Allegations.
24: Child Custody and Consent-to-Treat Issues.
25: Children as Witnesses.
26: Expert Witness.
27: Forensic Evaluation.
28: Involuntary Commitment.
29: Threats of Violence.
30: Practice Models.
31: Groups.
32: Partnerships.
33: Solo Practitioner Incorporate or Not?.
34: How to Avoid Malpractice Charges.
35: Acts of Commission.
36: Acts of Omission.
37: What to Do If You Are Sued.
38: Managed Care.
39: Confidentiality Issues.
40: Duty to Appeal.
41: Teamwork.
42: Legal Aspects of Delegating.
43: Supervisor/supervisee Responsibilities.
44: Unusual Practices.
45: Geriatric Clients.
46: Nontraditional and Exotic Therapies.
47: Internet Therapy.
48: Social Media.
49: Federal Regulations, HIPAA, and HITECH.
50: HIPAA Overview.
51: HIPAA Privacy Rule.
52: Personal Representatives (45 CFR 164.502(g)).
53: Business Associates (45 CFR 164.502(a)(1–4), 164.502(e), 164.504(e), 164.532(d) and (e)).
54: Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506).
55: Disclosures for Public Health Activities and Workers' Compensation.
56: Marketing and Research (Accounting for Disclosures).
57: Notice of Privacy Practices for Protected Health Information (45 CFR 164.520).
58: Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f)).
59: HIPAA Security Rule.
60: The HITECH Act (42 U.S.C. Chapter 156).
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: Certificate of Formation of a Professional Limited Liability Company.
Appendix F: Professional Limited Liability Company Member Agreement.
Appendix G: Sample Business Associate Contract.
Appendix H: Business Associate Contract (Attorney Services).
Appendix I: Authorization for the Use and Disclosure of Protected Health Information.
Appendix J: Client Information Amendment Form.
Appendix K: Notice of Privacy Practices of Susan A. Jones, LPC.
Appendix L: Accounting of Disclosures of Protected Health Information.
Appendix M: Request for Accounting of Protected Health Information Disclosures.
Appendix N: Authorization Revocation Form.
References and Reading Materials.
Author Index.
Subject Index.