Hi, my name is Randy. I'm a contract attorney and would be happy to assist you in reviewing your Notice of Privacy Practices and Patient Consent Form.

Thank you for asking me to review your Consent for Services and Notice of Privacy Practices. I can say you've created a solid foundation. Let me walk you through my recommendations to make these documents even stronger legally while keeping them clear for your patients.

CONSENT FOR SERVICES – KEY IMPROVEMENTS

Section 1: Consent for Services

Strengthen informed consent with:

• "I understand that I have the right to be informed about my diagnosis, the nature and purpose of proposed treatment, risks and benefits of treatment alternatives, and the probable consequences of not receiving treatment. I acknowledge that I have been given the opportunity to ask questions about my treatment and have received answers I can understand."

Add jurisdiction clause:

• "I understand that my Provider is licensed in Michigan, and telehealth services may only be provided when I am physically located in a state where the Provider is authorized to practice."

Section 3: Confidentiality

Include Michigan-specific legal duties under MCL 330.1946:

Add:

• "Duty to Warn: Under Michigan law, if you communicate an actual threat of physical violence against a reasonably identifiable third person, your Provider may be required to take action, which may include warning the intended victim and notifying law enforcement."
• Add required disclosures:
  • Communicable disease reporting
  • Court-ordered evaluations
  • Healthcare fraud investigations
  • Provider lawsuits or complaints
  • Workers' compensation (MCL 418.315)
  • Minor consent & confidentiality (MCL 330.1707):
    • "For patients aged 14–17 receiving mental health services, certain information may be kept confidential from parents/guardians unless disclosure is necessary to prevent serious harm or is otherwise required by law."

Section 7: Telehealth Consent

Replace current language with:

"I consent to receive psychiatric services via telehealth technology. I understand that:

• Technical difficulties may interrupt session
• Telehealth may not be appropriate for all condition
• My Provider must be licensed in the state where I am located
• I must ensure privacy during sessions
• Emergency protocols differ from in-person care
• I may refuse telehealth and request in-person care"

Section 11: Financial Terms – No Surprises Act

Add: "Good Faith Estimate: Under federal law, if you are uninsured or not using insurance, you have the right to receive a 'Good Faith Estimate' of expected charges before services. If your charges exceed the estimate by $400 or more, you may have the right to dispute the charges."

Section 12: Discharge from Care

Refine for legal protection:

"If discharge becomes necessary for non-emergency reasons, the Provider will:

• Provide written notice
• Offer 30 days of transitional care or until alternative care is found
• Provide appropriate referrals
• Continue prescriptions for transition
• Document discharge reasons"

Section 14: Limited Liability Acknowledgment

Replace with: "Standard of Care: Your Provider will exercise reasonable professional judgment and deliver services according to Michigan’s applicable standard of care. This agreement does not limit your legal rights regarding negligence or malpractice claims."

New Section 16: Minors and Parental Rights

"Under Michigan law (MCL 330.1707):

• Minors 14+ may consent to mental health treatment
• Parents may have limited access to their records
• Custody agreements affect parental decision-making
• The Provider uses discretion in sharing information to maintain therapeutic safety"

NOTICE OF PRIVACY PRACTICES – ESSENTIAL ADDITIONS

Add Effective Date at Top

"Effective Date: [Insert Date]"

Your Rights – Michigan Specifics

Under “Inspect and Copy PHI”:

• "Under MCL 333.20175, we must respond to requests within 30 days. Delays must be explained in writing."

Add: Mental Health Record Protections

"Under MCL 330.1748, we must obtain specific written authorization before releasing mental health records unless:

• In emergencies
• Coordination of care
• Court-ordered
• Preventing harm
• Psychotherapy notes are highly protected and only disclosed under limited federal exceptions"

Breach Notification (HIPAA Requirement)

"If your unsecured PHI is breached, we will notify you in writing within 60 days with all relevant information."

Record Retention

"Adult records are retained for 7 years. Minor records are kept for 7 years or until 1 year after the patient turns 18 — whichever is longer."

Additional Michigan Disclosures

"To LARA for investigations, for involuntary hospitalization (MCL 330.1427), to comply with the Mental Health Code, or for public health reporting to MDHHS."

ADDITIONAL PROTECTIVE MEASURES

Email/Text Consent Form

"I understand email and text messages may not be secure. By initiating such communication, I accept the risks

___ I consent to email
___ I consent to text
___ I decline electronic communication"

AI Documentation Clause Enhancement

"These tools assist with documentation only. All clinical decisions and treatment plans are made solely by your Provider."

FINAL RECOMMENDATIONS

1. Have patients initial key sections – Especially confidentiality, telehealth, and financial responsibility.
2. Review annually – Healthcare law evolves.
3. Separate forms for complex cases (e.g., custody issues, forensic work).
4. Consider adding:
   1. Expected response time
   2. Prescription policies
   3. After-hours provider coverage

These revisions will significantly strengthen your legal position while maintaining patient clarity. Your current forms are already quite strong — these recommendations offer refinements for compliance and risk management.