Eavesdropping on the 50‐minute hour: Managed mental health care and confidentiality

Corcoran, Jesse; Winslade, J.D. William J.

doi:10.1002/bsl.2370120405

Cited by 25 publications

(6 citation statements)

References 28 publications

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“…(b) Unless it is not feasible or is contraindicated, discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant, (p. 1606) Thus, the process of obtaining informed consent for the provision of psychological services necessarily includes addressing both the limitations of confidentiality as well as the possible uses of information generated through psychological services (Corcoran & Winslade, 1994;Wenning, 1993). Psychologists have an ethical duty to inform patients of the parameters of confidentiality in a way that recognizes what information realistically may be protected, and what may be subject to compelled disclosure.…”

Section: Implications Of Jaffee For Clinical Practicementioning

confidence: 99%

“…First, therapists must understand that they may compromise a patient’s assertion of the privilege by disclosures to third parties (Corcoran & Winslade, 1994). Even routine disclosures, such as completing insurance forms (Green, 1995), communicating with a referral source (Birky, Sharkin, Marin, & Scappaticci, 1998), completing commitment documents (Slovenko, 1997b), or obtaining a consultation with a colleague may waive confidentiality and frustrate a privilege claim.…”

Section: Implications Of Jaffee For Clinical Practicementioning

confidence: 99%

See 1 more Smart Citation

Jaffe v. Redmond's impact: After the Supreme Court's recognition of a psychotherapist–patient privilege.

Shuman¹,

Foote²

1999

Professional Psychology: Research and Practice

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The United States Supreme Court's recognition of a psychotherapist-patient privilege in its 1996 decision in Jaffee v. Redmond was assumed by many mental health professionals to signal an era of greater legal respect for the work of psychotherapists and the importance of protecting therapist-patient communications from judicial intrusion. In this article, the authors review the short-term impact of Jaffee and offer strategies for therapists to address concerns with the confidentiality of therapist-patient communications.When the United States Supreme Court rendered its decision in Jaffee v. Redmond (1996), many mental health professionals expressed relief that the Court had recognized both the existence and the importance of a privilege limiting judicially compelled disclosure of therapist-patient communications (DeBell & Jones, 1997;Remley, Herlihy, & Herlihy, 1997). Three years have passed since that decision, providing the opportunity to examine, in the shortterm, how the Court's recognition of a psychotherapist-patient privilege has changed the law and affected psychological practice. This article addresses the legal legacy of Jaffee, assesses its impact on confidentiality and privilege for psychotherapy, and offers strategies for therapists to address these issues in therapy.Although the Court's decision recognizing a psychotherapistpatient privilege reinforces the critical role of mental health care, practically, its impact on the law and psychological practice is limited by numerous factors. Jaffee v. Redmond (1996) only addresses the law of privilege in cases tried in federal court governed by the Federal Rules of Evidence (1975). It has no legal authority in state court cases, where most psychotherapist-patient privilege DANIEL W. SHUMAN received his JD from the University of Arizona in 1972. He is a professor of law at Southern Methodist University School of Law and an adjunct professor of psychiatry at the University of Texas Health Science Center at Dallas. His research interests include ethical, evidentiary, liability, and mental health law policy issues. WILLIAM FOOTE received his PhD in psychology from the University of New Mexico in 1978. He is an adjunct professor of law at the University of New Mexico School of Law, and he is a psychologist in independent practice, working actively in both civil and criminal cases.

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Section: Implications Of Jaffee For Clinical Practicementioning

confidence: 99%

Section: Implications Of Jaffee For Clinical Practicementioning

confidence: 99%

Jaffe v. Redmond's impact: After the Supreme Court's recognition of a psychotherapist–patient privilege.

Shuman¹,

Foote²

1999

Professional Psychology: Research and Practice

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“…From a very practical standpoint, the ongoing reviews required by managed care place increased work demands on the provider, while at the same time the cost-cutting measures of negotiating reduced fees and limiting services may decrease income (e.g., Broskowski, 1991; Cummings, 1995; Fox, 1995). From a clinical and ethical standpoint, the detail of information required in managed care reports may compromise the confidentiality of the therapeutic relationship (e.g., Corcoran & Winslade, 1994; Geraty, Hendren, & Flax, 1992; Haas & Cummings, 1991; Pipal, 1995), and this challenges the provider to balance dual responsibilities: to the patient (privacy) and to the third party (cost containment and demonstration of the need for continued treatment).…”

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confidence: 99%

Managed Care and the Independent Practice of Psychology.

Rupert

Baird²

2004

Professional Psychology: Research and Practice

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Heritage Professional AssociatesHow has managed care impacted the independent practice of psychology? The present article reports on data from 2 national surveys (from 1996 and 2001) that address this question. Both surveys indicated that managed care was a source of stress, with external constraints, paperwork, and managed care reimbursement being the most highly rated stresses. These stresses had not increased in the 5 years between surveys, and the most recent survey suggested that, overall, psychologists did not report high levels of burnout. However, in contrast to respondents with low managed care involvement, respondents with high managed care caseloads worked longer hours, had more client contact, received less supervision, reported more negative client behaviors, experienced more stress, were less satisfied with their incomes, and scored higher on emotional exhaustion. Implications for burnout are discussed. PATRICIA A. RUPERT received her PhD in clinical psychology from the University of Kansas and is currently an associate professor of psychology at Loyola University of Chicago. Her research interests include professional ethics and factors related to burnout among professional psychologists. KEITH A. BAIRD received his PhD in clinical psychology from Loyola University of Chicago and is currently in private practice at Heritage Professional Associates in Chicago and the surrounding suburbs. His research interests include professional ethics and clinical decision making.

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“…) Other researchers argue that many clients are anxious about discussing personal information that will be disclosed to unknown managed care organization employees. This reluctance to share personal information may lead service recipients to stop treatment prematurely only to return for more intensive treatment at a later time (Alperin, 1994;Corcoran & Winslade, 1994;Geller, 1996;Root, 1991;Shapiro, 1995). Cornelius (1994) adds that managed care organizations are successful only if the routine practice of the provider is monitored.…”

Section: Implications Of Managed Care For Practice and Policymentioning

confidence: 99%

Managed Behavioral Health Care Provider Practice Patterns

Keefe

Hall

2000

Journal of Health & Social Policy

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Managed care is a dominating issue on the public policy agenda. Difficulties in defining and operationalizing it continue to have ramifications for the nation. It is often assumed that the care being reimbursed by managed care organizations is for clients whose psychiatric conditions have been appropriately diagnosed and treated. Based on the responses of a randomly-selected group from the major behavioral health care disciplines, not all care reimbursed is for care which has been appropriately diagnosed and treated. The cost implications of managed care and the ramifications for public health policy are discussed.

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Eavesdropping on the 50‐minute hour: Managed mental health care and confidentiality

Cited by 25 publications

References 28 publications

Jaffe v. Redmond's impact: After the Supreme Court's recognition of a psychotherapist–patient privilege.

Jaffe v. Redmond's impact: After the Supreme Court's recognition of a psychotherapist–patient privilege.

Managed Care and the Independent Practice of Psychology.

Managed Behavioral Health Care Provider Practice Patterns

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