Behavioral Health Practice – Full Legal Set Up
This is the full legal startup package for solo Therapists, Psychologists, Counselors (LPC/LPCC), Licensed Independent Clinical Social Worker (LICSW), and Licensed Marriage & Family Therapists (LMFT) valued at over $6000 offered here for $2450 as a discounted package. The package includes the most crucial forms for a behavioral health practitioner practicing in Minnesota:
- Client Information and Consent Form
- Business Associate Agreement
- Notice of Privacy Practices / HIPAA and Consent
- Independent Contractor Agreement
- One month of General Counsel
- Client Information and Amendment Form
- Consent for Release of Information Upon Insurance Assignment
- Authorization for Use & Disclosure of Protected Health Information
- Couple Informed Consent Form
- Lease Agreement Review and Negotiation (if applicable)
- Internal HIPAA Compliance (Privacy practices) manual
- Telemedicine Legal Package
- COVID compliance if Applicable
- Employment Law Package for future employees
- Summary of legal rules/ethics for your mental health practitioners
WHY DO I NEED THIS?
Behavioral Health Professionals licensed to practice in Minnesota must follow strict rules of practice governed by State Laws, Federal Laws and the professional rules of practice. In addition, behavioral health practitioners are naturally exposed to a lot of liability and legal issues due to the sensitive nature of their clients as well as the high stakes for which their works depends on. Healthcare and business attorney David Holt has created a tailored legal package to protect behavioral health practitioners as they launch a successful practice. The last thing a medical professional should worry about is defending herself in court. Court costs for rule violations can easily cost 10x times the amount of this package ($15,000 would probably be a good deal in most cases…) Why risk your license and your professional career right out of the gate? Let an experienced healthcare and business attorney do all of the worrying for you so you can focus on what is really important, your patients’ health.
Here is what the major form/agreements include in plain English.
1. Client Information and Consent Form
This is the agreement that you give a patient/client to review and sign in order to govern your relationship as a professional with the patient/client. This protects you as a professional and establishes clear boundaries for communications, including using distance therapy, or “telemedicine”. Topics include:
- Mental Health Services
- Number of Visits
- Length of Visits
- Goals, Purposes, and Techniques of Therapy
- Payment for Services
- Duty to Warn
- Mandated Reporting
- Contact Information
- Risks of Therapy
- After-Hours Emergencies
- Contacting Your Healthcare Professional
- E-Mail and Text Messages
- Social Media
- Healthcare Professional’s Incapacity or Death
- Marital or Joint Therapy
- Audio and Video Recordings
- Cooperation of Client
- Distance Therapy
- Identity Verification
- Privacy and Security of Communications
- Risks Associated With Distance Therapy
- Communication Interruptions
- Consent to Treatment Using Distance Therapy
- Conflicts of Interest
- Consent to Treatment
- Parental Waiver of Right to Child’s Records [If children are involved]
2. Business Associate Agreement
This agreement is required by law if you are going to partner with other businesses or professionals and share protected health information. These agreements are most commonly used for working with (1) an attorney (to protect yourself and confirm you are doing the right thing without unauthorized releases of your patient/client’s information) or (2) Billing, insurance, marketing and scheduling businesses, software or staff.
3. Notice of Privacy Practices / HIPAA and Consent
This Notice (and consent) are required by State and Federal laws to clearly communicate how you will protect your patient’s protected health information. As a Healthcare Professional, there are noted exceptions to absolute patient privacy, which are clearly explained to the patient in this notice.
This Agreement is placed on your website to indicate how you collect information about your visitors, it clearly outlines your Notice of Privacy Practices and Client Information form, as well as indicate that viewing the website does not create a doctor-patient relationship.
5. Independent Contractor Agreement
This Agreement is used to hire Independent Contractors to help you with scheduling, marketing, billing and routine office tasks, generally used in conjunction with a Business Associate Agreement so you can focus on what makes your practice the most money: behavioral health services. There are unique fee splitting and ethical rules involved when you hire an independent contractor in the healthcare space.
6. One Month of General Counsel
You will have access to an attorney with one month of unlimited calls, emails and consultations on common legal issues, including lease reviews, basic contract reviews, as well as full implementation of all of the forms in this Agreement. The usual billable hour for the law firm is $300+ per hour but you get a full month of representation. There is more detailed information here.
7. Client Information and Amendment Form
Sometimes, your patient/client will need to change their information. This could be a minor change, such as a change of address, or a complete disagreement with your medical records/file. This can create tension (and legal issues) if not handled correctly. This form let’s you handle those amendments smoothly.
8. Consent for Release of Information Upon Insurance Assignment
This Agreement allows you to release information to an insurance company in order to get paid.
9. Authorization for Use & Disclosure of Protected Health Information
This Authorization is for anyone requesting the patient/client’s information, that has not already been given that consent in writing. This is usually attorneys representing the patient/client or the patient’s relatives.
10. Couple Informed Consent Form
There are a few issues that need to be addressed when working with couples in therapy. This form addresses all of those issues and gets you on the same page with the couple so as to avoid any future tension and confusion.