Mental Health Law in a Nutshell
Author:
Myers, John E.B.
Edition:
3rd
Copyright Date:
2022
13 chapters
have results for health
Chapter 2 Confidentiality 27 results (showing 5 best matches)
- The HIPAA Privacy Rule protects the confidentiality of health and mental health information. The Rule is broad, protecting all “individually identifiable health information.” HIPAA applies to most health and mental health professionals in the United States. Professionals and entities covered by HIPAA are called “covered entities.” The Privacy Rule requires covered professionals to ensure the confidentiality, integrity, and availability of all electronic health information. In addition, professionals must take reasonable steps to protect against threats to the security of electronically stored health information (
- . Clients have the right to inspect and copy their health information ( ). A “personal representative” is a person who is legally authorized to make health care decisions for a client. If a client has a personal representative, the representative has the right to inspect and copy health information.
- . As a general matter, parents have the right to inspect their child’s health records, communicate with professionals about their child’s care, and authorize release of their child’s health information (
- . Professionals cannot disclose protected health information without proper authorization (
- . When professionals disclose health information, HIPAA requires release of the minimum amount of information needed to accomplish the purpose of the release.
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Chapter 6 Civil Liability of Mental Health Professionals 32 results (showing 5 best matches)
- Lawsuits against mental health professionals are uncommon. Yet, the complexity of mental health practice, coupled with the serious consequences of error, means the potential for liability cannot be ignored. This chapter addresses civil liability of mental health professionals.
- What should the outcome be when a “regular” medical doctor “provides incidental mental health treatment to a patient”? ( a doctor would not be held to the standard required of mental health professionals.
- Mental health professionals can be sued for improperly disclosing confidential and/or privileged records. ( , for example, the plaintiff was a minor when it was discovered that he sexually abused a younger child. The offending minor was brought before the juvenile court and was evaluated by mental health professionals. Later, the mental health professionals devised a mock trial based on the juvenile court case and performed the mock trial to help other mental health professionals understand juvenile court. Apparently, during performances of the mock trial, the offending minor’s name and that of the other child was revealed. The minors sued. Although the suit was unsuccessful because the minors did not prove damages, the case illustrates the importance of keeping confidential information—including names—confidential.
- Arizona’s law states, “There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur: (1) The patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such threat. (2) The mental health
- Child custody cases in family court can breed incalculable anger and heartache. When a mental health professional is appointed by the family court judge to conduct a custody evaluation, the professional typically enjoys immunity from civil liability. ( ). A mental health professional who is not court-appointed lacks immunity. It is not surprising that many mental health professionals will only
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Chapter 5 Civil Matters 32 results (showing 5 best matches)
- Divorce and child custody proceedings are extremely stressful. Many parents turn to mental health professionals for help. Often, children benefit from counseling. Chapter 1, discusses the distinction between forensic mental health practice and clinical practice. Providing therapy to parents, couples, and children involved in family law proceedings is clinical practice. The Association of Family and Conciliation Courts provides useful guidance for mental health professionals treating clients embroiled in family law proceedings:
- Conducting a custody evaluation constitutes forensic mental health practice. A professional who conducts a custody evaluation should not provide therapy to any of the involved individuals. As put by the AFCC, a mental health professional “should avoid serving simultaneously in multiple roles . . . . For example, the [professional] should not serve simultaneously as therapist and evaluator . . . .” (
- Civil commitment laws are based on two sources of government power. First, police power, which is the authority of government to protect the health, safety, welfare, and morals of the community. Police power authorizes civil commitment of individuals whose mental illness renders them dangerous to others or themselves. Second,
- By the 1960s, large mental hospitals were criticized as a failure. In 1963, President Kennedy signed the Community Mental Health Centers Act, with the goal of creating community-based outpatient mental health services across the nation and reducing the need for institutional care. Many large hospitals closed as part of the deinstitutionalization movement of the 1960s and 1970s. (
- ). Typically, these laws allow a police officer to take the person to a hospital. Some states require the officer to consult a mental health professional before hospitalizing the patient. Other states allow an officer to act alone. In addition to police, many states allow physicians and mental health professionals to initiate emergency hospitalization. Usually, a judge is not involved at this stage.
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Chapter 4 Criminal Law 15 results (showing 5 best matches)
- American jails and prisons have medical and mental health professionals on staff. Needless to say, the quality of mental health care varies from
- When arrest occurs, prosecutors consider mental illness in deciding what, if any, charges to bring. Some cities have a mental health court. Other cities have drug court, veteran’s court, or other specialized courts.
- Expert testimony from mental health professionals plays a vital role in the insanity defense. When a defendant raises the defense, a judge appoints psychiatrists or psychologists to evaluate the defendant and testify at trial. Additional experts may testify.
- A psychological evaluation regarding insanity should be comprehensive. In addition to interviewing the defendant, the mental health professional contacts collateral sources to shed light on the defendant’s mental condition at the time of the offense.
- A mental health evaluation for competence to stand trial consists of interviews with the defendant. A number of screening tools are available. The Competency Screening Test, for example, is a 22-item sentence completion test that probes the subject’s understanding of the legal process. ( ). The Competency to Stand Trial Assessment Instrument is a semi-structured interview protocol that yields a numeric score. None of the screening tools is perfect. Except for obviously incompetent defendants, there is no substitute for thorough clinical assessment by an experienced mental health professional.
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Chapter 1 Introduction 34 results (showing 5 best matches)
- Most Nutshell readers are law students or lawyers who have relatively little training in psychology, apart from a course or two in college. For that reason, Chapter 1 begins with an introduction to the mental health professions and mental health diagnosis and practice.
- Social workers work in many settings including child protection, hospitals, jails, schools, welfare agencies, and in mental health. Licensed clinical social workers (LCSW) earn a master’s degree in social work (MSW) or a doctorate (Ph.D. or D.S.W.), and provide psychotherapy, counseling, and other services for clients in hospitals, mental health clinics, and in private office practice.
- Mental health and legal professionals work to improve the human condition. Despite shared goals, however, mental health and legal professionals have different philosophies and methods. Not infrequently, mental health and legal professionals do not see eye-to-eye. Indeed, psychologist Gary Melton and his colleagues opine, “The philosophical assumptions that govern these disciplines seem, to a large extent, mutually exclusive.” (Gary B. Melton, John Petrila, Norman G. Poythress & Christopher Slobogin,
- In addition to philosophical differences, the methods of mental health professionals and lawyers differ. Mental health outcomes are achieved in the highly confidential setting of individual and group therapy. When appropriate, clients are prescribed medications to help with psychological symptoms. In law, outcomes are achieved through investigation, negotiation, compromise, mediation, arbitration, settlement, and, when necessary, litigation.
- Although a gulf separates mental health from legal professionals, bridges must be built. Neither profession can achieve the maximum good for individuals and society alone. As a team, mental health professionals and lawyers accomplish a great deal.
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- It was once common for insurance companies to exclude or severely limit mental health coverage, as compared to coverage for physical ailments and surgery. To reduce this disparity, Congress passed the Mental Health Parity and Addiction Equity Act of 2008. Although the Act is complicated, and does not apply to all Americans, it strives for parity regarding copayments, deductibles, number of doctor visits allowed, and lifetime dollar limits on care.
- PARITY IN HEALTH INSURANCE
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Chapter 3 Expert Testimony 8 results (showing 5 best matches)
- specifies that experts may base opinions on information that is not admissible in evidence so long as other experts in that field rely on such information. In the mental health field, experts routinely rely on hearsay that might or might not be admissible in court. Written hearsay includes clinical records, test results, and documents prepared by police and social services agencies. Verbal hearsay includes the patient’s “history.” A mental health professional acts properly when the professional bases expert testimony on such hearsay.
- Expert testimony from mental health and medical professionals plays a vitally important role in litigation regarding mental illness and intellectual disability. This chapter outlines the rules of evidence governing expert testimony.
- , involved Munchausen Syndrome by Proxy inflicted by a child’s mother. When the child was finally rescued from her mother’s “care,” the child’s health improved dramatically. It was not error for the prosecutor to offer lay testimony describing the child’s improved health following rescue. The Court of Appeal noted, “A lay witness may describe a person’s physical appearance using opinions that do not require special skill, so long as the opinions are based upon observations of the witness. . . . Here, the lay witness did not testify that Jennifer seemed ‘healthier,’ which would have been improper because [the lay witness] did not know Jennifer during her care with [the mother.].” (
- Expert witnesses base their opinions on a broad range of facts and data. In the mental health arena, experts rely on many sources of information, including interviews of the individual, discussions with others, consultation with other experts, psychological tests, and written documentation, including hospital records and police reports. The rules of evidence permit experts to formulate court
- has a direct bearing on expert testimony from mental health professionals. The Rule prohibits an expert from offering an opinion that a defendant did or did not have the mens rea required for a crime. Nor may an expert testify that a defendant met the requirements of the insanity defense. The Advisory Committee Note to
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Title Page 1 result
Chapter 7 Discrimination Against Mentally Ill and Intellectually Disabled 6 results (showing 5 best matches)
- Stern v. St. Anthony’s Health Center, 788 F.3d 276 (7th Cir. 2015)
- University students with mental health issues occasionally use the ADA to argue their school discriminated against them. (
- time and to a marked degree that adversely affects a child’s educational performance: (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (B) An inability to build or maintain satisfactory interpersonal relationships with peers, and teachers. (C) Inappropriate types of behavior or feelings under normal circumstances. (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems.
- Debbie N. Kaminer, Mentally Ill Employees in the Workplace: Does the ADA Amendments Act Provide Adequate Protection?, 26 Health Matrix 205 (2016)
- Lucy J. v. State Department of Health and Social Services, 244 P.3d 1099 (Alaska 2010)
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Outline 5 results
Index 2 results
Center Title 1 result
Table of Cases 8 results (showing 5 best matches)
- B.D. v. Indiana University Health Bloomington Hospital, 159
- Cohon v. New Mexico Department of Health, 235
- Kozlovski, Ex parte v. Altapointe Health Systems, 201
- Lucy J. v. State Department of Health and Social Services, 233
- Oregon Health and Science University v. Oregonian Publishing, 44
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- Publication Date: April 25th, 2022
- ISBN: 9781685610395
- Subject: Health Law
- Series: Nutshells
- Type: Overviews
- Description: Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans, and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons.
