Helping psychiatrists protect patient privacy
Psychiatrists handle some of a patient’s most sensitive medical records. Jackson LLP helps psychiatrists understand their privacy obligations, maintain compliance, and manage a breach, should one occur. By creating in-depth policies and procedures to govern your practice’s management of patient privacy, the attorneys at Jackson LLP will ensure that you understand the requirements imposed upon you by state and federal laws. Our attorneys will walk you through the process of performing a risk assessment and advise you about best practices for psychiatric records management.
In-house counsel for litigation management
Jackson LLP’s attorneys are experienced litigation managers. While our firm does not directly handle litigation, we serve as in-house counsel for our healthcare practice clients. By getting to know your practice, your compliance programs, and your providers well, we are well-situated to coordinate the efforts of your litigation counsel on your behalf — saving your precious time for patient care. As a former litigator, attorney Connor Jackson keenly understands the process and will help litigation counsel to craft a strategy that is congruent with your goals and budget. We work closely with respected litigation attorneys and will collaborate with the attorney of your choosing to minimize the impact of litigation on your practice.
Employment and contracting
Psychiatrists often work with other healthcare providers, and we ensure that these independent contractor or employee contracts are compliant with anti-kickback and self-referral laws, as well as other legal and ethical requirements imposed upon them. Jackson LLP frequently advises as to the various ways in which providers can lawfully collaborate across professional lines, and we guide our clients through the process of entering into contracts (including commercial leases, product distribution agreements, or licensing agreements) and hiring or firing employees.
Practice merger, sale, and closure
Whether you’re looking to start a brand new practice, purchase an existing one, sell your practice and transition your patients to other providers’ care, or close your practice entirely, we can help. Jackson LLP’s attorneys are familiar with the requirements imposed upon you concerning patient privacy, continuity of care, licensing of intellectual property, and much more. If you’re considering changing your current practice in any of these ways, we’re confident we can help.
Terminating a patient’s care
Psychiatrists may need to terminate a patient’s care when the patient has moved into an inpatient facility, the patient has demonstrated a need for a higher level of care, the patient has become violent, abusive, or threatening, or continuing the patient’s care creates a conflict of interest for the provider. Our attorneys can guide you through the process of terminating the patient’s care, ensuring continuity of treatment, and maintaining the requisite level of confidentiality through that process. These issues also occasionally intersect with the psychiatrist’s mandatory reporting duties, about which we have experience advising our clients.
Duty to warn & other mandatory reporting requirements
Psychiatrists are subjected to various duties to warn potential victims when they learn that a third party may be subjected to imminent or threatened harm. The contours of these obligations can present a challenge for providers, as they must be understood along with the psychiatrist’s duty to maintain patient confidentiality. By explaining your various mandatory and discretionary duties, and by discussing the potential consequences of your decision to make a report, Jackson LLP’s attorneys can help you determine the best response to a difficult situation.
To read more about a recent Jackson LLP blog post about a mental health provider’s duty to warn in Illinois, click here.