Providing care to patients with mental health issues is
complicated. It isn’t always easy to know what is “right” and
what is “legal.”
The 2012 Mental Health Law manual was written to help
hospitals understand the laws governing mental health treatment
as well as the rights and protections of the patients they serve.
The manual also details special protections for individuals who
may be unable to make rational decisions regarding their care,
specific requirements regarding the use and disclosure of health
information, and unique reporting requirements.
Written in a user-friendly manner, the 2012 edition has been
updated to reflect all changes in state and federal laws
governing mental health treatment and privacy through July
2012 and includes important revisions such as:
Discussion regarding the differences between LPS and Probate
Code conservatorships
New requirements and a new form for hospitals to report
deaths potentially associated with the use of restraints
Expanded definition of “psychotherapists” for purposes of the
patient-psychotherapist privilege and duty to warn of a dangerous
patient
New requirement for EHR systems to automatically record
changes to electronically stored medical information
Revised requirements allowing licensed professional clinical
counselors to release LPS-protected information that
patients wish to have disclosed
New authority for law enforcement agencies to develop an
elder and dependent adult abuse internet reporting tool
Expansion of mandated child and elder abuse reporters to
include professional clinical counselors, and clinical counselor
interns and trainees
And more
490 pages (6th edition, 2012)
Content
The Mental Health Law manual contains almost 500
pages, 11 chapters, 65 forms and appendixes, and an index of
key terms. Each manual also includes a CD containing .pdf files
of the forms, many available in English and Spanish.
Contents:
Overview of Mental Health Laws
Principles of Consent for Mental Health Patients
Voluntary Admission and Involuntary Detainment for Mental
Health Treatment
Rights of Mental Health Patients
Restraint and Seclusion
Privacy Rights and Notice of Privacy Practices
Use and Disclosure of Protected Health Information:
From basic principles to specific procedures, the Consent Manual is your one-stop resource for all legal requirements related to patient consent for medical treatment, release of medical information, reporting requirements and more. Learn exactly what the law requires and what you need to do to comply.
Please note that the manual is currently being updated to reflect the recently released HIPAA/HITECH Final Rule. The new 2013 edition will be available July.
Overview
Significant requirements have been imposed on hospitals and other health facilities with the passage of federal and state laws regulating the privacy, security, use and disclosure of health information. The California Health Information Privacy Manual was written to help hospitals understand and comply with these increasingly complex laws.
Lois Richardson has served as CHA’s legal resource for the past
19 years, primarily as legal counsel and most recently as vice
president of legal publications and education.
