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How to Get a Mental Health Professional to Testify in Court

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  • 08-26-2014, 02:43 PM
    JulesJam
    Re: How to Get a Mental Health Professional to Testify in Court
    Quote:

    Quoting BooRennie
    View Post
    If you can't be right, be wrong at the top of your voice. :encouragement:

    Absolutely.

    But you gotta admit that everyone pronounces it HIPPA, not HIPAA. The latter would be pronounced hipaaah, lol!
  • 08-26-2014, 05:20 PM
    tex11
    Re: How to Get Mental Health Professional to Testify in Court
    Quote:

    Quoting frewer
    View Post
    ...So is $130 a standard figure that the court came up as compensation for expert testimony?

    That doesnt sound like much to me considering the therapist probably wouldnt spend more than an hour on the stand...

    The hourly rate includes travel time and time spent twiddling their thumbs in the courthouse waiting 2 or 3 hours for your case to be heard, depending on how long the docket is that morning. Good rule is to bank on 4 hours in such cases.
  • 08-26-2014, 05:36 PM
    cbg
    Re: How to Get Mental Health Professional to Testify in Court
    The HIPAA statute, which by the way is Federal and not state, expressly lists psychologists as covered entities. While I will grant that social workers are not expressly listed by statute, the National Association of Social Workers advises its members to consider themselves covered entities.
  • 08-26-2014, 06:32 PM
    JulesJam
    Re: How to Get Mental Health Professional to Testify in Court
    Quote:

    Quoting cbg
    View Post
    The HIPAA statute, which by the way is Federal and not state, expressly lists psychologists as covered entities. While I will grant that social workers are not expressly listed by statute, the National Association of Social Workers advises its members to consider themselves covered entities.

    OK but HIPAA has nothing at all to do with whether therapist-patient privilege applies. That is a matter of state law.
  • 08-26-2014, 06:49 PM
    cbg
    Re: How to Get Mental Health Professional to Testify in Court
    HIPAA has a great deal to do, however, with whether or not a covered entity may release information without written authorization. Therapist-patient privilege is a separate issue.

    HIPAA being a Federal law, it applies in all states. Regardless.
  • 08-26-2014, 07:01 PM
    JulesJam
    Re: How to Get Mental Health Professional to Testify in Court
    Quote:

    Quoting cbg
    View Post
    HIPAA has a great deal to do, however, with whether or not a covered entity may release information without written authorization. Therapist-patient privilege is a separate issue.

    HIPAA being a Federal law, it applies in all states. Regardless.

    If subpoened, they have to comply or move to quash the subpoena. HIPAA does not trump a subpoena. Period.

    There would be no basis for quashing the subpoena, however.
  • 08-26-2014, 07:12 PM
    cbg
    Re: How to Get Mental Health Professional to Testify in Court
    I never said anything about subpoenas. Or quashing them. Or what does or does not trump them.

    I said, and I was right, that a state law regarding therapist patient privilege cannot make Federal HIPAA go away.
  • 08-26-2014, 07:21 PM
    JulesJam
    Re: How to Get Mental Health Professional to Testify in Court
    Quote:

    Quoting cbg
    View Post
    I never said anything about subpoenas. Or quashing them. Or what does or does not trump them.

    I said, and I was right, that a state law regarding therapist patient privilege cannot make Federal HIPAA go away.

    But that is irrelevant to what the OP asked.
  • 08-26-2014, 07:26 PM
    Dogmatique
    Re: How to Get a Mental Health Professional to Testify in Court
    Now that "Jules" has yet again turned a thread into a one-poster circus, let's get that pony and stop beating it, shall we?

    In the meantime, I'm waiting for the OP to answer a question - because that may be very important.
  • 08-26-2014, 07:38 PM
    cbg
    Re: How to Get a Mental Health Professional to Testify in Court
    And I'm wondering why Jules raised the question of patient therapist privilege if it's irrelevant.
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