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Letter to the Editor |
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Ofer Zur’s article in the Fall Issue of the Independent Practitioner about HIPPA is interesting, informative, and important. I fear however his brief mention of how case law will be developed will be overlooked by members of Division 42. On Page 195, he observes the standards will be developed through litigation against psychologists. Many of these will be perfectly decent and unsuspecting practitioners who happened to interpret the HIPPA regulations one way while some lawyer chooses to see them differently. The result will be that, ”… it may take up to 10 years of court battles, many rich attorneys and many more hurt practitioners before clarity emerges.” This is most likely accurate and thus chilling. The best and only protection that practitioner have against this prospect is to increase their legal protection to the maximum. Not only will this protect them, it could have the effect of softening the rigidity of regulatory interpretation which will emerge from the various cases. If lawyers have to work too hard to try to make some spurious point, they will abandon their frivolous pursuits. Having been through the regulatory mill, I can assure readers that it is painful and expensive when you don’t have adequate protection. In these circumstances you are often forced to compromise when you shouldn’t have to. Readers should contact their carrier and increase their legal defense coverage to the highest level possible. It is a small investment for the peace of mind and protection it may afford. |
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