Behavioral Health Practice – Full Legal Set Up

Behavioral Health Practice – Full Legal Set Up

 

Who?

The Behavioral Health Practice package is a start-to-practice legal set up for mental health professionals in Minnesota and California, including solo Therapists, Psychologists (LP), Counselors (LPC/LPCC), Licensed Independent Clinical Social Worker (LICSW), and Licensed Marriage & Family Therapists (LMFT).

 

Why?

Most mental health providers start strong with little to no legal oversight or issues but slowly encounter more and more legal questions and risk as they grow. This creates legal myths and anxieties about what is legal and what is perhaps industry practice, but not legal. This package is designed to get smoothly launch your business with confident and your own editable legal documents that you own.  Regardless of whether you have previous documents, generally clients find that the correct legal forms/documents save the Company time and give them confidence that they have their own.

 

What?

Pricing: flat fee of $3750, due up front and refundable if you felt we did not complete any portion of the package. Price does not change if you do not need all items.

Includes:

The package includes the most crucial forms for a behavioral health practitioner practicing in Minnesota and California:

  1. Client Information and Consent Form
  2. Business Associate Agreement
  3. Notice of Privacy Practices / HIPAA and Consent
  4. Terms of Use and Privacy Policy
  5. Independent Contractor Agreements
  6. One month of Fractional Legal Counsel (call and email us for ancillary legal questions related to startup)
  7. Client Information and Amendment Form
  8. Consent for Release of Information Upon Insurance Assignment
  9. Authorization for Use & Disclosure of Protected Health Information
  10. Couple Informed Consent Form
  11. Lease Agreement Review and Negotiation (if applicable)
  12. Internal HIPAA Compliance (Privacy practices) manual – Minnesota/California and Federal law compliant
  13. Telemedicine Legal Package
  14. Employment Law Package for future employees
  15. Summary of legal rules/ethics for your mental health practitioners
  16. Filing of Entity, Professional Firms Registration and Operating Agreement

 

DETAILS

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
  • Appointments
  • Number of Visits
  • Length of Visits
  • Groups
  • Relationship
  • Goals, Purposes, and Techniques of Therapy
  • Cancellations
  • Payment for Services
  • Confidentiality
  • 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
  • Defamation
  • 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
  • Legal
  • 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 and Internal HIPAA policies and Procedures

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.

 

    4. Terms of Use and Privacy Policy

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 Fractional Legal 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 traditionally very high, but you get a full month of representation. There is more detailed information here. We are accommodating on when the one month starts and ends based on your actual start date of your practice.

 

    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.

 

11. Lease Agreement Review and Negotiation (if applicable)

Includes review of a commercial lease and edits/negotiation for one location if applicable.

 

12. Internal HIPAA Compliance (Privacy practices) manual

Includes a 100+ page internal HIPAA policies and procedure manual for your internal compliance designed to help you navigate through a HIPAA breach on your own if needed. Defines what HIPAA is and provides sample response letters and logs for your use. Also can be used as your annual training for yourself and your employees.

 

13. Telemedicine (“Telehealth”) Legal Package

Full telehealth consent form and internal policies and procedure manual for Minnesota and California, as well as legal advice on what is legal and what isn’t as you move into practice, including home address, remote offices and remote/vacation patients.

 

14. Employment Law Package for future employees

Full employment law documents (we send current documents when you make the decision to add employees, even if it is years from now). Includes 1 hour video training and help hiring your first employee. Includes organized electronic documents for future employees and checklist for every hire.

 

15. Summary of legal rules/ethics for your mental health practitioners

Desktop documents linking to relevant legal and ethics statues for each licensed mental health professional as well as minors rules.

 

16. Filing of Entity, Professional Firms Registration and Operating Agreement

Includes filing of your business (but not filing fees) and professional firms registration with your board. Also includes single member or multi-member operating agreement. Includes getting your FEIN, State Tax ID and Type 2 NPI.

 

When/Timeline?

Onboarding is generally within 2 days of free initial consultation. Package is complete within 1 month unless delays due to our calendars not lining up, and lingering legal questions are covered beyond that timeline.

 

FAQs

How long does this process take?

Onboarding is generally within 2 days of free consultation, package generally complete within or about a month. We also work at your pace, which will differ from client to client based on your timeline.

Does the price get reduced if I may only need a portion of the items listed?

No.

What does the “one month of Fractional Legal Counsel” include?

This will generally cover any additional policies, consent, or questions that are not listed as a part of the package but that you may have when setting up your behavioral health business, as long as it is within our scope of practice. 

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