A Difficult Balancing Act
State and Federal laws require professionals to keep records. State and Federal laws require professionals to keep those records private. State and Federal laws also require professionals to release the records properly. Clients insist on getting copies of their records – and their children’s records. Lawyers send demands and subpoenas.
How are you supposed to respond to these conflicting claims?
Let Dr. Flynn help you sort out the best answers to the difficult questions:
- How should a mental health professional deal with a client’s demand for their record?
- What if your client is a child? Who has access, and how?
- What should you do when a lawyer demands a record – or if a lawyer sends a subpoena?
- What should you do when an affidavit of some kind comes with a list of questions?
- What if the demand is for you to appear? For a deposition? For a Hearing?
Answering requests and demands for your clients’ records and for information about them challenges so much of what we learned in graduate school. Treatment records are supposed to be private, but some circumstances require release. Is the request proper, and must you release a record? If the record is to be released, how may it be properly released?
There are times to release, and there are times to withhold. Rules, practice standards, legal procedures govern record release, deposition testimony, and court appearances. Let Dr. Flynn guide you – and maybe guard you and your client’s record – as you navigate the unfamiliar waters of the law an practice of record privacy and record release.
And remember: Your malpractice insurance may pay Dr. Flynn for his assistance.
Do you have all the forms you need to operate and to stay compliant with your Board’s rules and HIPAA?
Dr. Flynn has many of the office documents that you will need to operate your practice. The forms are in understandable, plain English, address the issues most important to clinical and forensic practice, and are adaptable to the specific needs and concerns of your practice. The forms are written to include information and specific language so they are informative, enforceable, and thorough.
- Informed Consent form for adults
- Informed Consent form for children
- Informed Consent for psychological testing
- HIPAA Notice of Privacy Practices
- Authorization to release Protected Health information
- Consent to charge a client’s credit card
- Treatment Plan form
- Business Associates Agreement
- Due Diligence Agreement (for clerical and administrative employees)