Mental Health Counselor Law | The Health Law Firm Blog

New Mexico’s Largest Mental Health Providers Accused of Defrauding Medicaid Out of $36 Million

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

For months now, 15 New Mexico behavioral health agencies have been the subject of a Medicaid fraud investigation. The state’s largest mental health providers had their Medicaid funding frozen by the New Mexico Human Services Department (HSD) due to credible allegations of fraud, according to KUNM News. The behavioral health agencies are accused of collectively defrauding Medicaid of $36 million over three years. The findings in an audit conducted in 2012, by OptumHealth, the contractor that handles Medicaid payments for New Mexico’s behavioral health system, […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Medicaid audit, Medicaid fraud, Mental Health Counselor, Mental Health Counselor Law|

Department of Health and Human Services Announces Mental Health Parity Final Rule

By Lance O. Leider, J.D., The Health Law Firm

On November 8, 2013, the U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius announced the promulgation of the agency’s final rule related to parity of coverage of mental health and substance use treatment. According to Sebelius: “For way too long, the healthcare system has openly discriminated against Americans with behavioral health problems.”

The purpose of the regulations is to close the gaps in coverage that permit insurance carriers to treat mental and substance-abuse related treatment different from traditional medical and surgical benefits.

Among the key provisions of the regulations are the elimination of separate mental health deductibles, co-insurance, etc.; elimination of limits on […]

By The Health Law Firm|2024-03-14T10:01:51-04:00May 15, 2018|Mental Health Counselor, Mental Health Counselor Law, Psychology|

Have You Received a Notice of Termination of Your Medicare Provider Number?

By Danielle M. Murray, J.D.

Have you received a notice of termination of your Medicare provider number? Medicare has been revoking the Medicare provider numbers of many different Medicare providers including psychologists and other mental health providers, based on returned mail sent to old addresses which have not been updated or based on inspection team site visits to old addresses.

Often the termination is retroactive to a much earlier date the change or move may have been determined to have occurred. Even if the mailing address is correct or was changed, the physical address of the business must have been updated, as well. It is usually an incorrect or old physical […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Medicare Audit, Medicare Fraud, Mental Health Counselor, Mental Health Counselor Law, Psychology|

Your Professional Therapist License Is a Valuable Asset; Insure It!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Time and time again, I am contacted by mental health counselors, social workers, and other therapists who have worked hard for years, have paid tens of thousands of dollars for tuition, fees, books, and board, and made sacrifices in order to obtain a professional degree and a professional license. Yet they have not purchased professional insurance to protect their licenses.

Your professional license is arguably your most valuable asset. Yet, I am continuously surprised to learn the number of health professionals who come to our firm in serious trouble because a complaint has been […]

By The Health Law Firm|2024-03-14T10:01:51-04:00May 15, 2018|Mental Health Counselor, Mental Health Counselor Law|

Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

From our experience mental health counselors, psychologists, social workers and family therapists are at a high risk of having a client or patient file a complaint against them with their licensing board.

Many of their clients/patients have mental health problems, emotional problems or personality disorders; this is why they are seeing a therapist to begin with. If there is a disagreement between the therapist and the client/patient over treatment, diagnosis or other issues, this can easily result in that person filing a complaint.

We have also seen complaints filed when a therapist is retained to […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Clinical Social Worker, Marital and Family Therapist, Mental Health Counselor, Mental Health Counselor Law, Occupational Therapist, Psychology, Resident|

Mental Health Professionals Need to Know How To Handle Difficult Patients – Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Psychologists, mental health counselors, social workers, and other psychotherapists, because of the nature of their professions, will often encounter difficult, abusive, or obsessive clients/patients. It comes with the territory. The clients or patients to whom they are expected to provide treatment and therapy to, often suffer from mental disorders, personality disorders, or illnesses.

Although it is traditional for many mental health professionals to refer to “clients” instead of “patients,” we will use the term “client/patient” in this blog.

First, Protect Your Own Privacy.

You should safeguard your own privacy and the […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Clinical Social Worker, Marital and Family Therapist, Mental Health Centers, Mental Health Counselor, Mental Health Counselor Law, Occupational Therapist, Psychology, Resident|

How to Prepare for an Informal Hearing Before the Florida Board of Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling

By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law

If you are scheduled to appear for an informal hearing before the Florida Board of Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Clinical Social Work, Marriage & Family Therapy […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Mental Health Counselor Law|

Two South Florida Doctors Convicted of Fraudulently Billing American Therapeutic Corporation (ATC)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A federal jury convicted two South Florida doctors, one Miami-area therapist, and two other individuals for their participation in a Medicare fraud scheme. The scheme allegedly involved more than $205 million in fraudulent billings by American Therapeutic Corporation (ATC), a corporation which provided mental health care services. The jury reached a decision on June 1, 2012.

To see the Department of Justice press release, click here.

The two doctors and the therapist were each found guilty of one count of conspiracy to commit health care fraud. The other two individuals were each found guilty of one count […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Mental Health Counselor, Mental Health Counselor Law|

Director of Center for Developmentally Challenged Adults Accused of Medicaid Fraud

By George F. Indest III J.D., LL.M., Board Certified by The Florida Bar in Health Law

The director of a center for developmentally challenged adults in Okaloosa County, Florida, was arrested on August 16, 2012, for allegedly fraudulently billing Medicaid for more than $270,000 for services under the Medicaid Developmentally Disabled Waiver Program, according to the Attorney General’s (AG) office.

To read the entire press release from the AG’s office, click here.

Director Allegedly Submitted False Claims for Non-Billable Services and Falsified Hours.

According to the press release, in 2009, the Medicaid Fraud Control Unit (MFCU) began investigating the center after it […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Medicare Fraud, Mental Health Counselor, Mental Health Counselor Law|

Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals.

I have recently seen a number of audits initiated against psychologists and mental health professionals who treat assisted living facility (ALF) and skilled nursing facility (SNF) residents. Most often these are audits by the Medicare Administrative Contractor (MAC), because this area of medical practice has been identified as one fraught with fraud and abuse. Sometimes these are only “probe” audits, initial audits requesting one (1) to five […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Medicare Fraud, Mental Health Counselor, Mental Health Counselor Law, Psychology, Resident|