9 Major Practice Problem Areas Facing Mental Health Therapists

I began my practice of law in 1974 as an attorney for Battelle Memorial Institute in Columbus. I left in 1979 to become V.P. Legal of the 5th largest Blue Shield plan in the country, working there until 1989 when I went into private practice with a mid-sized law firm. While there I taught a law school course in Insurance Regulation.

In 1995 I began working with mental health therapists and was General Counsel of the Ohio Psychological Association (OPA) from approximately 1997 to 2003. After that, I continued teaching psychologists ethics courses, but added counselors, social workers, and marriage and family therapists at about that time. My ethics course is frequently sponsored by OPA as well as the National Association of Social Workers’ Ohio Chapter (NASW-OH) for whom I have written a legal column in their membership periodical. I have received statewide awards from both OPA and NASW-OH for my work on behalf of mental health therapists.

In 1996 I opened up my own solo practice, which I have maintained since then. Since I have a statewide practice I often do not meet my clients, but deal with them through e-mail, fax, and phone.

In 1995 I was rated AV by Martindale Hubbell, the premier peer review lawyer rating service. This rating is based on ethics as well as expertise in the law. Only about 15% of attorneys ever reach that status. I am proud that I have continued with that rating.

Over the years I have worked with non-profit agencies, including serving as General Counsel since 1989 for a large one in Ohio. As a volunteer, I have been President of the Board of the Columbus Speech and Hearing Center as well as the Epilepsy Association of Central Ohio. For many years I was on the Boards of Directions for Youth and Families as well as Montana de Luz, an orphanage for children with aids in Honduras.

I have done human resource work, typically for businesses, for over five decades. I routinely set up corporations and limited liability companies, prepare and review contracts and leases, and advise on such matters as employee/independent contractor issues.

Since I teach ethics courses I frequently do not have to do a lot of research to answer client questions. If Health Insurance and Portability and Accountability Act (HIPAA) Protected Health Information is involved, I will send out a HIPAA Compliant Business Associate Agreement.

Practice Areas for Healthcare Professionals
Licensing board complaint defense
Types of entities – corporation, LLC, or sole proprietorship
Independent Contractor vs. Employee Issues
Leases and Contractual Documents
Practice Forms Review, including HIPAA issues and audits
Advice on Duty to Protect
Abuse Reporting Situations
Other laws and rules affecting practices
Employment issues, ADA, Age Discrimination, Unemployment Compensation
Non-competition issues
Responding to Subpoenas and Court Testimony
How to Leave a Practice and Set Up Your Own
Multi-discipline Practice Issues
Medicare and Medicaid issues
Dealing with Managed Care Plans and Insurance Companies