Attorney Articles | David Jensen, JD, former Staff Attorney
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Articles by Legal Department Staff

The Legal Department articles are not intended to serve as legal advice and are offered for educational purposes only. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Please be aware that laws, regulations and technical standards change over time. As a result, it is important to verify and update any reference or information that is provided in the article.

 

Patients travelling to other states while in therapy creates many legal issues for the therapists trying to help them, but must all communication between a therapist and a patient who travels out-of-state cease? In this article, David G. Jensen, JD discusses the “follow-up communication” doctrine, which seems to grant therapists some flexibility in interacting with patients who are temporarily in other states.

Members often ask this question or ask for a resource to guide them in understanding what is insurance fraud and what is not insurance fraud.  The information you need is in this article.

This article reviews the continuing education requirements for LMFTs, and it also addresses the issue of what happens if a licensee does not complete all of her
continuing education requirements.

When Treating Minors 12 years of age or older, consent does not automatically equal authorization to release confidential medical information

The Myth of the Wooden Spoon Does a parent's use of a wooden spoon to spank a child, even when such action results in some bruising to the child, automatically constitute abuse of a child? Dave Jensen, JD, discusses a recent legal case involving this important mater.

The issue of whether a nonprofit agency must comply with Wage and Hour Laws could hinge on whether the agency is operating a commercial enterprise. Learn more about how the scope of the nonprofit’s activities can determine if it is a commercial enterprise.

Diligent readers of The Therapist know that the Health Insurance Portability & Accountability Act of 1996 (HIPAA) will have consequences for certain health care providers, including psychotherapists, who are "covered entities" within the meaning of HIPAA.  The purpose of this article is to enable you to understand and to prepare some of the more important forms that HIPAA will require covered entities to use after April 14, 2003.

Understanding who is and who is not a covered entity, as well as how you can avoid becoming a covered entity, is important because such entities must comply with HIPAA.