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

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John Wiley & Sons, Apr 28, 2004 - Psychology - 288 pages
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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
* And more


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.
 

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Contents

SECTION TWO CONFIDENTIALITY
77
SECTION THREE CONTRACTS
99
SECTION FOUR FEES
125
SECTION FIVE FORENSIC ISSUES
143
SECTION SIX PRACTICE MODELS
203
SECTION SEVEN HOW TO AVOID MALPRACTICE CHARGES
229
SECTION EIGHT MANAGED CARE
257
SECTION NINE TEAMWORK
273
APPENDIX D Articles of Incorporation General Corporation
421
APPENDIX E Sample Business Associate Contract
425
APPENDIX F Business Associate Contract Attorney Services
431
APPENDIX G Authorization for the Use and Disclosure of Protected Health Information
436
APPENDIX H Client Information Amendment Form
437
APPENDIX I Notice of Privacy Practices of Susan A Jones LPC
439
APPENDIX J Accounting of Disclosures of Protected Health Information
444
APPENDIX K Request for Accounting of Protected Health Information Disclosures
445

SECTION TEN UNUSUAL PRACTICES
287
SECTION ELEVEN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT HIPPA
313
APPENDIX A Bylaws for an IPA
397
APPENDIX B Partnership Agreement
412
APPENDIX C Articles of Incorporation Professional Corporation
417
APPENDIX L Authorization Revocation Form
446
REFERENCES AND READING MATERIALS
447
INDEX
449
Copyright

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About the author (2004)

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.

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