Psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs), and Licensed Marriage and Family Therapists (LMFT) Representation

The attorneys of The Health Law Firm represent Psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs), and Licensed Marriage and Family Therapists (LMFTs) in a number of different legal matters. We appear before the Board of Psychology and the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling. We represent mental health professionals in disciplinary matters, in credentials matters, in licensing matters and in defending against malpractice claims and suits.

Our recommendation is that every mental health professional carry professional liability insurance that includes professional license defense coverage (sometimes called disciplinary defense, license defense, administrative hearing coverage or broad coverage). Most often this type of insurance coverage is included in most professional liability policies; however, if it is not, it can often be added as a rider to the insurance policy for a slight additional charge. You should be sure that your coverage for professional license defense is at least $25,000 and we recommend that you increase it to $50,000. You should also request and obtain "broad form coverage" that includes coverage of your legal fees for defense of all administrative or governmental proceedings, including Medicare audits, Medicaid audits, EEOC complaints, and other types of governmental actions that could be initiated against you.

If you are required to defend yourself at a formal administrative hearing, this is similar to a medical malpractice trial in civil court. Attorney's fees, court reporter costs, expert witness fees and other costs and fees can rapidly mount up to the point where most mental health counselors could not afford to defend themselves. If you are then required to appeal an adverse outcome, the appeal alone cold cost ver $10,000.

You only need this type of coverage when a complaint is filed against you and then it is too late to purchase it unless you already have it. Complaints can be initiated against you based solely on anonymous calls to the Department of Health Hotline, newspaper reports, prior arrest reports, disgruntled patients, disgruntled insurance companies, competitors, or other sources. Once and investigation is initiated you should obtain legal representation right away. Without insurance, you probably will not be able to afford to hire a competent, experienced health lawyer to defend you. Always go to a board certified health lawyer experienced in representing mental health professionals.

For a link to the PowerPoint slides for a recent seminar we taught on the rules, regulations and ethics for Florida mental health professionals, click here.