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Legal Considerations for Therapists in Private Practice

Owning and operating a private therapy practice can be a key to financial and professional independence and autonomy.  While you have control and autonomy, you may find that with this comes the price of taking care of everything.  You do not have to do it alone!  While large organizations have access to an in-house legal team and compliance professionals. You do not need to have a team of in-house attorneys to receive excellent legal services to protect you.  There are several areas of law in which you may want or need to obtain services of an attorney.

  1. Corporation and Entity Formation:  A corporate entity is an excellent option to protect yourself and your personal assets.  The corporate entity you choose will impact everything from when you pay taxes, whether and when you can be personally sued, and what happens when you want to sell or terminate your practice.  Your legal partner can walk you through the process of choosing and forming a corporation. 

  2. Privacy and HIPAA Considerations:  As a mental health practitioner, you know that keeping your patient’s information confidential is key to the professional relationship.  An attorney can ensure that your HIPAA and privacy policies and practices protect both you and your patients.

  3. Subpoena Responses:  Sooner or later, you are likely to receive a subpoena requesting client records.  Many therapists dread these requests.  While you want to focus on providing excellent treatment and care to your clients, judges and attorneys view your notes as a valuable source of information.  An attorney can navigate the request for you, and file any necessary Motion to Quash or assist with the response.

Therapists provide critical support to individuals seeking help for their mental and emotional well-being, but their practice is not without legal complexities.  To protect your practice and your clients, legal services are a valuable resource.   Our attorneys are familiar with even the most detailed requirements of state and federal law that affect small to medium sized mental health care practices.

You’re there for your clients, let us be there for you. Call us today at 402-548-5418.