Everything you need to legally safeguard your mental health practice Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein attorneys and therapists specializing in legal issues concerning mental health this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed. With downloadable sample forms and contracts including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms this complete resource features step-by-step guidance, helpful case studies, and "e;legal light bulbs"e; to alert clinicians to warning signs and help them steer clear of legally questionable situations. New to the Third Edition: Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world Vital information on a variety of associations' ethics guidelines A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act Considerations for using or not using evidence-based treatments New information on working with minors and dealing with homicidal clients Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.

Everything you need to legally safeguard your mental health practiceFully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein--attorneys and therapists specializing in legal issues concerning mental health--this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed.With downloadable sample forms and contracts--including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms--this complete resource features step-by-step guidance, helpful case studies, and "legal light bulbs" to alert clinicians to warning signs and help them steer clear of legally questionable situations.New to the Third Edition:* Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world* Vital information on a variety of associations' ethics guidelines* A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act* Considerations for using or not using evidence-based treatments* New information on working with minors and dealing with homicidal clientsConvenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.

Sample Forms xiPreface xiiiAcknowledgments xviiSection One Clinical Records: Protected or Not1 Clinical Notes 32 Consent to Disclosure Forms 113 Correcting Errors 194 Discharge or Termination 265 Electronic Records 346 Intake and Consent Forms 437 Maintaining Records 668 Treatment Plans and Client Access to Records 77Section Two Confidentiality9 Couples, Family, and Group Therapy 9510 Insider Information 10211 Third-Party Payers 108Section Three Contracts12 Capitation Agreements 11913 ''Gag Rules'' 12614 Office Leases 134Section Four Fees15 Setting Fees 14516 Sliding Fee Scales 15217 Recovering Unpaid Fees 159Section Five Forensic Issues18 Abuse Allegations 16919 Child Custody and Consent-to-Treat Issues 17720 Children as Witnesses 18621 Expert Witness 19322 Forensic Evaluation 20523 Involuntary Commitment 21324 Threats of Violence 220Section Six Practice Models25 Groups 23326 Partnerships 24027 Solo Practitioner: Incorporate or Not? 247Section Seven How to Avoid Malpractice Charges28 Acts of Commission 26129 Acts of Omission 27030 What to Do If You Are Sued 281Section Eight Managed Care31 Confidentiality Issues 28932 Duty to Appeal 298Section Nine Teamwork33 Legal Aspects of Delegating 30734 Supervisor/Supervisee Responsibilities 311Section Ten Unusual Practices35 Geriatric Clients 32136 Nontraditional and Exotic Therapies 32937 Internet Therapy 33638 Social Media 351Section Eleven Federal Regulations, HIPAA, and HITECH39 HIPAA Overview 35940 HIPAA Privacy Rule 36141 Personal Representatives (45 CFR 164.502(g)) 37642 Business Associates (45 CFR 164.502(a)(1-4), 164.502(e), 164.504(e), 164.532(d) and (e)) 38243 Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506) 39044 Disclosures for Public Health Activities and Workers' Compensation 39845 Marketing and Research (Accounting for Disclosures) 40446 Notice of Privacy Practices for Protected Health Information (45 CFR 164.520) 41347 Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f)) 41848 HIPAA Security Rule 42249 The HITECH Act (42 U.S.C. Chapter 156) 439Appendix A Bylaws for an IPA 447Appendix B Partnership Agreement 461Appendix C Articles of Incorporation: Professional Corporation 465Appendix D Articles of Incorporation: General Corporation 469Appendix E Certificate of Formation of a Professional Limited Liability Company 473Appendix F Professional Limited Liability Company Member Agreement 475Appendix G Sample Business Associate Contract 481Appendix H Business Associate Contract (Attorney Services) 490Appendix I Authorization for the Use and Disclosure of Protected Health Information 498Appendix J Client Information Amendment Form 499Appendix K Notice of Privacy Practices of Susan A. Jones, LPC 501Appendix L Accounting of Disclosures of Protected Health Information 506Appendix M Request for Accounting of Protected Health Information Disclosures 507Appendix N Authorization Revocation Form 508References and Reading Materials 509Author Index 513Subject Index 515