Category Archives: Ethics and HIPAA

Reminders and Information to Avoid Liability

Advertisements by licensed mental health practitioners must not be false, fraudulent, misleading or deceptive. Care should therefore be [...]

HIPAA’s PRIVACY RULE and STATE PRIVACY/CONFIDENTIALITY LAWS – CONFLICTS

Mental health practitioners and health care entities must determine whether or not they are “covered providers” or “covered entities” [...]

No Surprises Act

The policy underlying the No Surprises Act (“NSA”) is to protect consumers from unanticipated and expensive bills for out-of-network [...]

CONFIDENTIALITY

Confidentiality is the cornerstone of psychotherapy and most patients expect it. Many patients, however, perhaps most, are not aware of [...]

Confidentiality

What duty of confidentiality, if any, does a mental health practitioner have with respect to the use of the information gained during a [...]

DISCLOSURES TO PATIENTS AND OTHERS

When mental health practitioners commence professional relationships with patients, there is a requirement to provide or disclose [...]

Child Abuse – Emancipation of Minor, Confidentiality, Privilege

What is the effect, if any, of your state’s emancipation of minor laws on your duty as a mandated reporter of child abuse? The answer [...]

HELPING THE CLIENT IN TOUGH ECONOMIC TIMES?

The issues that are discussed in this article are not new, nor are they limited to occurring in the current economic condition existing [...]

Answers to April Review

In the April 2020 issue of this Avoiding Liability Bulletin, I asked twenty questions on a variety of topics. My answers to those [...]

PSYCHOTHERAPIST-PATIENT SEX -Retrospective and Perspective

In the late 1980’s I asked a question of a group of therapists who were providing me with their input as I prepared to draft [...]

Fees – Reminders

Some practitioners struggle, especially as they enter the profession or start a new business, perhaps online, with the setting of fees [...]

Patient Reveals Sex With Prior Therapist – Protecting the Public?

Some may ask why there is no requirement for the subsequent therapist to report such alleged unlawful or criminal behavior on the part [...]

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