Category Archives: Ethics and HIPAA

Patient Access to Treatment Records

While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients [...]

Cyber Liability: Laptop Theft and Other PHI Breach Risks

Mental and allied health providers, especially business entities, have a heightened cyber security risk exposure because we're not just [...]

Privilege and Confidentiality – A Deeper Look

In the September 2017 issue of this Avoiding Liability Bulletin, I raised several questions regarding the related but different [...]

General Topics / Considerations for Mental Health Professionals to Prevent Exposure to Licensing Board Complaints

Below is a second outline to the previous article, "An Outline of Commonly Encountered Litigation Issues for Mental Health [...]

Know Your Risks: Family Law, Fictitious Business Names, Privilege / Confidentiality, Subpoenas / Privilege, Testimony Under Oath and Child Abuse Reporting

One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it [...]

Breach of Confidentiality Claims

Therapists and counselors are expected to be keenly aware of their duty of confidentiality, but it is often the case that confidential [...]

Spousal Abuse & Confidentiality

Therapists and counselors will encounter a variety of situations where they learn of (or reasonably suspect) an act that constitutes, [...]

Brief Reminders / Questions For New Year

Advocacy: Do you consider yourself to be an advocate for your clients? Is advocacy a part of your legal or ethical responsibilities or [...]

Ethics – Enforcement

What is the difference between an ethics violation and a violation of a state law or regulation governing professional conduct? If your [...]

Advertising, Options for Patient Request for Copy of Records & Holding Insurers Accountable

Advertising is one way in which therapists and counselors can attempt to expand their private practices. Mental health practitioners [...]

Licensing Board Issues Warning to Patients who Travel Out of State! (Regarding Telephone Counseling / Psychotherapy)

Suppose that you have been treating or counseling an adult individual, or a couple, or a child for a period of time for a particular [...]

Insurance Company Records Request

It seems that requests by insurance companies or contractors for insurance companies for copies of client records is on the uptick. [...]

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