Publication

2013 Mental Health Law
A handbook on laws governing mental health treatment

Overview

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 2013 Mental Health Law manual was written to help hospitals understand the laws governing mental health treatment as well as the rights 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 manual has been updated to reflect all changes in state and federal laws governing mental health treatment and privacy through June 2013, including the revised HIPAA/HITECH “omnibus” regulation published on January 25. Major changes since the last edition include the use and disclosure of health information, patients’ access to their health information, patients’ right to restrict access to their health information, the Notice of Privacy Practices, and other related topics.

The new edition also reflects changes due to the dissolution of the California Department of Mental Health. Its responsibilities have been transferred to the California Department of Health Care Services, the California Department of Social Services, and the California Department of State Hospitals.

(7th edition, 2013)

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:
    • Fundamentals & Preemption Analysis                                                                     
    • Patients Covered by CMIA                                                                                              
    • Patients Covered by LPS                                                                                              
    • Substance Abuse                                                                                                               
  • Reporting Requirements
  • Preemption Analyses
  • Sample Forms, Posters and Notices
  • Index

Commands