Attorney Articles | Record Keeping
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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.

 

This article offers reminders and tips for LMFTs who find themselves subject to the 21st Century Cures Act and who seek further guidance on how to handle patient requests for access to electronic health information and electronic health records.

There are many considerations a therapist should keep in mind when introducing social media into their practice. Kristin W. Roscoe, JD, highlights issues of informed consent and record keeping pertaining to social media usage.

In this article, Luke Martin, Staff Attorney discusses the implications of video and/or audio recording a client’s session. The article highlights specifically the “two-party consent” rule as well as its application to clinicians.

California is one of many states that allow for minors to consent to certain healthcare on their own. This article will discuss issues related to minors’ rights to consent to mental health treatment and disclosure of minors’ confidential treatment.

This article discusses how to respond to a request for a deceased patients records. It will address some of the important terminology associated with these types of records requests and also look at how HIPAA and California law will affect the request.

This article discusses the topic of responding to requests for confidential information regarding patients in relation risk-adjustment audits by insurance carriers.

Are the recordkeeping requirements of government programs and managed care companies similar or different? In this article Dave Jensen, JD explores the recordkeeping requirements of these disparate systems.

This article explains California law and relevant CAMFT ethical standards which pertain to record keeping. More specifically, the article discusses California's new record retention law and answers questions about an adult patient rights.

Part of the deal of being a therapist is responding to subpoenas, should the need arise. Therapist should have a working knowledge of the laws pertaining to the preparation and service of subpoenas.