The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself, Second Edition
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More About This Title The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself, Second Edition

English

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.

English

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 AVOID MALPRACTICE CHARGES.

27. Acts of Commission.

28. Acts of Omission.

29. What to Do If You Are 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. Nontraditional and Exotic Therapies.

36. Internet Therapy.

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

37. HIPAA Overview.

38. HIPAA Privacy Rule.

39. Personal Representatives (45 CFR 164.502(g)).

40. Business Associates (45 CFR 164.502(e), 164.504(e), 164.532(d) and (e)).

41. Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506).

42. Disclosures for Public Health Activities and Workers’ Compensation.

43. Marketing and Research (Accounting for Disclosures).

44. Notice of Privacy Practices for Protected Health Information (45 CFR 164.520).

45. Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f )).

46. HIPAA Security Rule.

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: Sample Business Associate Contract.

APPENDIX F: Business Associate Contract (Attorney Services).

APPENDIX G: Authorization for the Use and Disclosure of Protected Health Information.

APPENDIX H: Client Information Amendment Form.

APPENDIX I: Notice of Privacy Practices of Susan A. Jones, LPC.

APPENDIX J: Accounting of Disclosures of Protected Health Information.

APPENDIX K: Request for Accounting of Protected Health Information Disclosures.

APPENDIX L: Authorization Revocation Form.

REFERENCES AND READING MATERIALS.

INDEX.

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