Reporting Suspected Abuse: those reports are highly confidential!

This is a reminder: reports that clinicians make of suspected abuse are highly confidential. Under California law, reports of suspected child abuse and information contained in those reports may only be disclosed to persons or agencies who coordinate the investigation of these reports.

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Should HIPAA matter to clinicians who aren’t covered under HIPAA?

If you aren’t a “covered entity” (the term HIPAA uses to identify healthcare providers under its authority) do you need to care what HIPAA says? In these situations is HIPAA irrelevant? The answer is both “yes” and “no.”

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Psychotherapist-Patient Privilege for Private Sex Offender Treatment?

On February 20th, 2008, the Court of Appeal of the state of California, Second Appellate District, published an opinion in the nature of the psychotherapist-patient privilege for convicted sex offenders undergoing voluntary psychotherapy.

The question the court faced was this: if a convicted sex offender (SO) is required to undergo psychotherapy as a part of his/her parole, and the SO sees a private psychotherapist in addition to the treatment mandated under the terms of his/her parole, does the State of California have the power to compel the parolee to waive his/her right to confidentiality?

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What happens when confidential information gets into the wrong hands?

This is a particularly troublesome dilemma and one that most clinicians dread.  We take great care to avoid such a situation, and in the event that a fax or letter gets to the wrong person most clinicians are unsure about whether the unintended recipient has any legal responsibilities to avoid further disclosure.  Another common question is whether unintentional disclosures such as these render the information non-confidential. 

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HIPAA: Once a covered entity, always a covered entity?

Rightly or wrongly, HIPAA is perceived by many clinicians as an administrative nightmare. For those who aren’t already compliant, the task of becoming HIPAA compliant isn’t one that clinicians relish. Most clinicians who have practices that need to be HIPAA compliant accomplished this task a long time ago.

For those who/that are covered entities, is there a way to get away from HIPAA? Can clinicians who no longer wish to be “covered entities” opt out of compliance with HIPAA?

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Finding an Attorney for Your Mental Health Practice

Consultation with an attorney is activity that most mental health clinicians engage in on an infrequent basis. As a general matter, mental health practice is a profession that sees a relatively low number of lawsuits. In addition, many clinicians have the option of consulting with an attorney provided by their professional liability carrier (see the previous article on this topic) should the need arise for a consultation regarding professional negligence or the prospect of administrative action. Yet, there are many instances when clinicians feel compelled to consult with an attorney of their own. There are many reasons why clinicians choose to hire a private attorney, the most common reasons being:
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The Mysterious Recurring Two Physician Approval Question

Another of the more persistent myths in mental health practice is whether certain acts require the approval of two physicians. In the last 6 months I have been asked the following question, in varying form, four times:

“Is it true that if two physicians sign off on _______, this satisfies the legal requirement for _______?”

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Understanding Lawyers

Dealing with attorneys is often discussed among mental health professionals as one of the more unpleasant activities one can engage in. I’m not too happy about this, especially considering that I am an attorney. However, I must admit that I understand the dread many therapists feel about talking to lawyers they have not retained. The fact of the matter is that clinicians and attorneys approach professional communications very differently. Clinicians and lawyers have different professional obligations (duties), and this often leads to some hard feelings.

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Blue Ink or Black Ink?

The question about what color ink to use in charts or for record-keeping is one of the more persistent myths in mental health practice. Most clinicians have heard an admonishment to use blue ink or black ink, purportedly for “legal reasons.” But no one seems to know which color is preferred. I am asked questions about ink color with a frequency that is grossly disproportionate to its importance. Let’s set the record straight:

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