Comments on: Counselor Fees for Records Requests, Court Appearances, Letters, Treatment Summaries, etc.

By: S. Vargas

S. Vargas — Tue, 28 Jul 2020 03:51:10 +0000

Hello,
I’m a Licensed Professional Counselor in Tx, when records are subpoenaed, it is my understanding we can’t charge a fee. Is this correct?? Thank you in advance for your response.
Sylvia

By: Ana

Ana — Wed, 01 Jul 2020 05:49:32 +0000

I am writing from a bit different perspective. I wanted to mention that not everyone might be able to afford to pay court fees to a counselor. People with traumatic experiences might have a legal case. It could be hard going through such experiences as well through possible legal or similar processes. Besides that, in specific cases, attorneys often do not charge clients unless they get the case or, in some situations, provide their services for free. Also, some people choose to represent themselves.
However, if such people could not afford to pay high legal fees to a counselor, getting help from counseling might not be available to them.
This might be true even if they are only interested in having regular counseling sessions and do not subpoena their counselor or similar.
I am sharing this because this is the reason why I am no more interested in searching for counseling, and because after reading this article, I thought it might be not just my experience.

I saw a discussion about ACA in comments. I also wanted to share a bit more specific information.

Page 6, A.10.c. Establishing Fees In establishing fees for professional counseling services, counselors consider the financial status of clients and locality. If a counselor’s usual fees create undue hardship for the client, the counselor may adjust fees, when legally permissible, or assist the client in locating comparable, affordable services.
Page 10, C.6.e. Contributing to the Public Good (Pro Bono Publico) Counselors make a reasonable effort to provide services to the public for which there is little or no financial return (e.g., speaking to groups, sharing professional information, offering reduced fees).

By: Sara Sipe

Sara Sipe — Mon, 24 Jun 2019 17:08:58 +0000

If the therapist is subpoenaed to appear for court testimony and they have billed for the court preparation and court appearance, but the lawyer that was invoiced for the fees has not paid for the required court preparation. What does the therapist do?

By: Mary McKinney

Mary McKinney — Mon, 13 May 2019 15:48:06 +0000

The link for NC is broken. Can you help me find that information?

By: Eric Groh

Eric Groh — Fri, 29 Mar 2019 15:39:28 +0000

Thank you for your post!

By: Marie

Marie — Thu, 03 Jan 2019 02:14:50 +0000

Pursuant to private practice counselors receiving a subpoena for medical records requested by an opposing lawyer; what is the professionals rights in charging for clerical time, downloading EMR records etc. Especially when we have seen this client for an extended time. Furthermore; what is a counselors rights in time constraints etc. For instance; receiving a request over two consecutive holidays? I can include these costs in my disclosure statement and explain this to my clients; but if another party is requesting this documentation; how am I able to take care of my costs?

By: Liz Smith

Liz Smith — Tue, 13 Nov 2018 16:38:27 +0000

Lawyer with signed consent form asked me to send client file from 2014 40 pegs to her for divorce clients husband is her client. It took two hours to print and organize . I am a lcsw in Az is it reasonable and ethical and legal for me to charge $150.00 an hour my hourly fee ? Thank you

By: Cammy Alspach

Cammy Alspach — Wed, 20 Dec 2017 15:15:37 +0000

I do not even know how I ended up here, but I thought this post was great. Especially i like the discussion
Thank you

By: Hawk Seeos

Hawk Seeos — Thu, 20 Oct 2016 05:59:19 +0000

Thoughtful writing – Coincidentally , if anyone has been looking for a IRS 1040 – Schedule C , my husband came across a fillable document here https://goo.gl/t5rxy9

By: Tamara

Tamara — Tue, 05 Apr 2016 13:00:27 +0000

I see that this article is a few years old, but it is just what I needed in my online search today. I have received letters from Social Security and clients lawyers recently asking for my records to assist in determining disability eligibility, or a client fighting to get disability. Funny, these clients are people who attended under 5 sessions with me and not recently. I am not comfortable providing documentation for such a short course of treatment and I hate to take personal time responding to requests, writing summaries, etc for no compensation. I have fess, etc written on my informed consent, but submitting this information to client after termination, in response to these requests is something I haven’t pursued. The information you have provided has helped and renewed my confidence to assert my policies.

By: Joanne M Moore

Joanne M Moore — Wed, 27 Jan 2016 01:47:19 +0000

In reply to Thriveworks.

What a refreshing article! I first incorporated a clear statement of Admin/Court fees as part of my Professional Disclosure/Implied Consent when I established my practice 16 years ago. I have been very successful at stopping frivolous requests and being paid for the work I do on those that are truly needed. We must purge the mindset that we are a charity or that we owe our clients these extra services for free. Once we purge our own misconceptions, our clients will come up to speed, too. We are our own worst enemies in this regard.

Most clients would balk at a request that they work overtime for free. So, why do we, as professonals,create and reinforce client expectations that we will give our services and time away for free?. It is time for a mindset change.

By: David Cordle

David Cordle — Wed, 21 May 2014 00:15:37 +0000

I know this article is a few years old, but I was having this discussion with come colleagues. I am currently under supervision in the State of Oklahoma as an LPC-Candidate. I have been told that since I am under supervision, and since I am seeing Medicaid cleints that I am not allowed to charge if I am subpoenaed to appear in court. I would like to know who I can ask to find out if this is correct, because I feel like if I am being subpoenaed then that client and or attorney feels like what I have to say will be helpful to their case, and thus I should be paid. Could you help me with this question?

By: Thriveworks

Thriveworks — Mon, 02 Jul 2012 13:36:23 +0000

Dear Dr. Centore

I am an LPC in VA working for a community-based mental health agency. We provide in-home services for at-risk youth on Medicaid. I found this article very interesting in light of the services our agency provides. We have a lot of admin costs working with this client population and the Medicaid regs; however, we can not bill our clients or the insurance company for these services.

The article did not address an issue that I’ve seen more and more – providers charging other providers for admin fees. More private practice clinicians are charging other treatment providers for requested written records such as treatment plans, diagnosis, psychological reports, etc. I’ve seen rates ranging from a flat fee of $50 for any requested documentation regardless of number of pages to $5-$10 for a 5-7 page document.
I wonder about the legal and ethical guidelines for clinicians charging other clinicians for admin costs especially when it is regarding treatment coordination for mutual clients.

A: Greetings,

Thanks for your email, and for sharing your experience. I have not experinced other centers charging any of my offices for admin tasks…perhaps it is eminent.

Regarding the ethics of such practices, I am in no way an expert in relation to the ACA ethics code. However, from what I do know, it seems to me that such charges–while perhaps unwelcome–wouldn’t violate any ethical guidelines that I am aware of.

Sincerely,

Anthony