Avoiding Liability Bulletin – December 2005

… Among the many requirements of HIPAA, perhaps the most important one pertains to the Notice of Privacy Practices, which “covered providers” who have a direct treatment relationship with the patient must give to their patients “no later than the date of the first service delivery.” Essentially, the Notice should be given to the patient prior to the commencement of treatment. If the first service delivery is electronic (e.g., Internet therapy/telemedicine), the covered provider must furnish electronic notice automatically and contemporaneously in response to the individual’s first request for service. In addition, if a covered provider maintains a website, the Notice must be available electronically through the website.

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Richard Leslie

Richard S. Leslie is an attorney and acknowledged expert on the interrelationship between law and the practice of marriage and family therapy and psychotherapy. Most recently, he was a consultant to the American Association for Marriage and Family Therapy (AAMFT) and has written articles regarding legal and ethical issues for their Family Therapy Magazine. Prior to his work with AAMFT, Richard was Legal Counsel to the California Association of Marriage and Family Therapists (CAMFT) for approximately twenty-two years. While there, he also served as their director of Government Relations and tirelessly advocated for due process and fairness for licensees and applicants.

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