Term
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Definition
| the least structured type of communication, an informal comparing of observations |
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Term
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Definition
| one professional solicits advice from another professional |
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Term
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Definition
| procedures that allow service providers to work together for a client from the same treatment plan and goals, make ea. other aware of their various roles/functions in serving the client |
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Term
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Definition
| structured form of collaboration, often takes place in inpatient settings when various professionals work together to provide a range of services to a client |
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Term
| When should one referral? |
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Definition
| When a prof determines that a type of expertise they don't possess is needed to assist a client |
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Term
| What rights do counselors have as employees? |
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Definition
- workplace free of discrimination based on race, color, sex, religion, national origin, age, and disability
- To not submit to a supervisor's directive if it constitutes a crime
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Term
| Can an employee refuse a directive because it is unethical? |
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Definition
| Possibly, but it would have to be v. clearly unethical and put clients at substantial risk |
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Term
| What is the "at will" doctrine? |
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Definition
| employees don't have a right to employment and may be dismissed without giving any reasons |
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Term
| What are the 3 legal theories that may lead a court to conclude that the dismissal of an employee was wrongful? |
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Definition
1. the employer promised the employee he/she wld have employment security
2. the dismissal offends some important public policy
3. the termination was unfair or done in bad faith |
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Term
| Who has the burden of proof when determining if the dismissal of an employee was wrongful in the courts? |
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Definition
| The employee who was dismissed |
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Term
| When disputes arise btw employers and employees who does the law usually favor? |
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Definition
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Term
| What is the basis for dismissal for insubordination? |
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Definition
| When accepting a job an employee agrees to perform the tasks assigned, if he/she fails to follow a directive that it is insubordination and grounds for termination |
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Term
| What are the 4 defenses for refusing to carry out a directive of a supervisor? |
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Definition
1. it was in violation of an employment contract
2. it was in violation of internal policies or procedures
3. illegally discriminating against protected category of indls
4. constituted a crime |
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Term
| What shld employees do if their supervisor issues a directive that is unethical but not illegal? |
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Definition
- consult with outside experts/colleagues confidentially
- schedule an appt with the supervisor to address their concerns w/ their employer and work toward change in the organization
- arrange an appt with your supervisor and his/her supervisor to discuss the situation
-refer to the approp certification or accreditation organization
- voluntarily terminate employment |
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Term
| These two constructs only accept ethical complaints about individuals |
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Definition
| licensure and certification boards |
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Term
| What are a counselor's duties when it comes to transferring or sharing records? |
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Definition
counselor should get the client's fully informed consent
mark all records confidential
transfer only records containing pertinent information |
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Term
| If a client rejects a referral how should the counselor proceed? |
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Definition
| Document and terminate the relationship |
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Term
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Definition
| Failure of a counselor to assist in making approp arrangements for the continuation of treatment in the short term (vacation) or long term (not competent to give services/retirement of counselor) |
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Term
| Can a counselor recruit clients for their private practice from their place of employment/institutional affiliation? |
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Definition
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Term
| Can a counselor refer a client to a specific counselor within an organization? |
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Definition
| Yes - it is both legal and ethical |
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Term
| Could a counselor be held accountable for the malpractice of a professional to whom they referred a client? |
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Definition
| Generally no, unless the counselor has some reason to know or should have known that particular professional had a negative reputation in the professional community |
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Term
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Definition
| false, defamatory, or malicious written statements |
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Term
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Definition
| false, defamatory, or malicious statements that are verbal |
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Term
| What is the premise for a suit charging libel or slander? |
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Definition
| a professional believes that said or written comments have damaged their reputation |
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Term
| What are defenses against accusations of libel or slander? |
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Definition
truth
retraction
absolute privilege and qualified privilege |
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Term
| What is qualified privilege? |
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Definition
| the right to repeat what you have heard in order to protect yourself |
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Term
| What is the definition of a private practice? |
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Definition
| If counselors generate any income at all outside of their salary |
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Term
| What is sole proprietorship? |
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Definition
| an indl professional owns the private practice and no other professional has a financial interest in it |
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Term
| What is usually the best way to structure a private practice? |
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Definition
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Term
| In which cases should a counselor chose to set up their private practice as a partnership? |
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Definition
1. the partnership is reqd to obtain financing for a new business
2. There is a significant advantage in the commercial market for a partnership over a sole proprietorship |
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Term
| What are the arguments against forming a partnership? |
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Definition
- total agreement on all business decisions is reqd
- ea. partner is fully liable for the acts of omissions of ea. other partner
- there is a presumption of equality of partners regarding liabilities and profits
- personal assets are not protected from business debts
- dissolutions of partnerships can be contentious and expensive |
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Term
| WHat motivates indls to set up their private practice as a corporation? |
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Definition
| if the business involved is v. risky and the owner has substantial personal assets |
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Term
| Name the ways in which corporations offer some advantages? |
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Definition
a. accumulation of capital
b. transferability of ownership
c. flexible fiscal year
d. employee benefits
e. reduction in liability
f. mgmt structure |
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Term
| What are some of the problems assoc with corporations? |
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Definition
a. expensive to form
b. mtgs must be held periodically and annual reports must be filed for the corporation to cont to legally exist
- income is taxed to the corporation and is taxed again when distributed to owners
- accountants and lawyers must be retained to ensure the corporation is functioning properly |
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Term
| What are the advantages of forming a non-profit? |
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Definition
favorable tax laws
eligible for grants |
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Term
| What is the major disadvantage of a nonprofit? |
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Definition
| counselor does not own or control the organization, run by a board of directors, board has the authority to remove the counselor as director and take over the business |
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Term
| What impact does the fiduciary relationship of counselors with their clients have on fees for service? |
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Definition
| must set fees within a framework of basic fairness considering the financial status of clients and locality. Fees shld reflect the local economy |
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Term
| What are the legal responsibilities of a counselor when setting fees? |
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Definition
| counselors can set any fee they wish for their services and can charge different amts for the same service as long as they do not discriminate based on constitutionally protected categories of persons |
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Term
| WHat are your options if a client cannot afford your fees? |
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Definition
| Must help the client by providing a referral to counseling services he/she can afford, until another counselor can be found you must continue to see the client even if they can't pay if they are considered to be in a state of emergency - this wld constitute abandonment |
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Term
| What is a sliding scale fee structure? |
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Definition
| fee for service is based on objective criteria such as amt of income and size of family |
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Term
| Shld a sliding scale apply to clients with health insurance? |
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Definition
| Yes - the sliding scale formula must be applied exactly the same for all clients, even those who have health insurance |
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Term
| What is a counselors ethical obligation when using a collection agency or taking legal measures to collect payment? |
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Definition
inform the client of the intended action and offer the client opportunities to make payment
don't ever sue a client for payment |
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Term
| What is the best way of preventing a client from developing a large unpaid bill for services? |
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Definition
| expect clients to pay for ea. session at the time the session is held |
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Term
| What is a non-competition agreement? |
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Definition
| prohibits employees from practicing the profession for a specified time or within a geographic region when the employee leaves the organization. |
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Term
| What are the three issues that have the biggest effect on client welfare during a counselor's transition out of an organization? |
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Definition
informed consent
transfer of clients
solicitation of of clients |
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Term
| Who are the working poor? |
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Definition
People who produce an income that exceed the eligibility limits for Medicaid, have jobs that don't provide health insurance, and cannot afford to purchase health care plans on their own
they make up most of the people who do not have health care plans |
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Term
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Definition
| Insurance from the govt for indigent or disabled persons who cannot purchase their own insurance |
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Term
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Definition
| govt insurance for older persons |
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Term
| Who determines what kinds of health care plan contracts can be sold? |
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Definition
| ea. indl state, states also mandate which categories of professionals are eligible for reimbursement by health care plans |
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Term
| What is the freedom of choice legislation? |
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Definition
| allows consumers of health care services to choose the provider they prefer rather than allowing health care companies to limit categories of approved providers |
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Term
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Definition
Health maintenance organization
consumers agree to go to the HMO for all their health care needs and agree to accept the provider of health care services assigned to them by the HMO, HMOs hire health care providers and members cannot go outside of the organization for their health care |
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Term
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Definition
Preferred Provider Organization
consumers agree to go to providers who have been preapproved by the organization for all their health care needs, members can choose their providers from a list of approved providers, PPOs do not hire providers of health care, members pay for health care services and are reimbursed by the PPO |
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Term
| What is a traditional indemnity health insurance policy? |
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Definition
| works similarly to a PPO except members do not have to go to pre-approved providers, members pay for services and then are reimbursed by the insurance company |
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Term
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Definition
| exclusive provider organizations, type of health care plan |
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Term
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Definition
| managed care organization, type of health care plan |
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Term
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Definition
| individual practice assoc, a type of health care plan |
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Term
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Definition
| people are not given all the health care services they want - instead they are given the services the health care plan company has determined are appropriate and necessary (managing the care provided) |
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Term
| What is a utilization review? |
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Definition
| when a physician panel reviews requests for services from the treating service provider to determine whether services will be allowed by the health care plan company |
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Term
| What is the conflict of interest counselors experience when working with PPOs? |
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Definition
| must avoid alienating the health care company from whom they need referrals and advocate for quality care for their clients at the same time |
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Term
| What does HIPAA say about client privacy and insurance companies? |
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Definition
| insurance companies are limited to the types of information they may request, and are not allowed to disallow claims if clients refuse to provide them with certain types of information such as psychotherapy notes |
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Term
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Definition
| a contract with a managed care company that says a counselor cannot discuss alternative treatments w/ clients that fall outside the boundaries of plan-approved services |
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Term
| How does insurance impact informed consent? |
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Definition
| Counselor must discuss any limits on treatment options or number of sessions imposed by insurance companies with their clients and what information their managed care organization requires the counselor to disclose as well as the ramifications of any diagnosis that might be assigned |
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Term
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Definition
| a portion of the professional's fees that most PPOs and health insurance companies require clients to pay |
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Term
| What are a counselor's responsibilities if they assess a client cannot be treated in the number of sessions their health insurance will pay for? |
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Definition
assess accurately
make a referral
appeal to the health care company for addl sessions |
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Term
| What can health care companies do if they expect fraud by a counselor? |
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Definition
civil lawsuits to recover payments or reimbursements made inappropriately
OR
criminal charges bc fraud is a crime |
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