TY - JOUR
T1 - Eavesdropping on the 50‐minute hour
T2 - Managed mental health care and confidentiality
AU - Corcoran, Kevin
AU - Winslade, William J.
PY - 1994
Y1 - 1994
N2 - This article discusses managed care, recent case law developments, and the legal basis of confidentiality in the patient‐therapist relationship. It discusses how managed care intrudes into the confidential treatment relationship with prospective and retrospective utilization reviews. Some of the areas adversely impacted include public policy, the patient‐therapist relationship, and informed consent. In order to be a program in the interest of patients and not simply cost containment, managed care must accommodate patients' reasonable expectations of confidentiality. Suggestions are delineated for the protection of confidentiality by managed care, including expanding the duty of confidentiality to managed care, obligating managed care to secure patients' informational privacy, obtaining informed consent to disclose as little information as necessary, and involving the patient in the cost containment and quality assurance process.
AB - This article discusses managed care, recent case law developments, and the legal basis of confidentiality in the patient‐therapist relationship. It discusses how managed care intrudes into the confidential treatment relationship with prospective and retrospective utilization reviews. Some of the areas adversely impacted include public policy, the patient‐therapist relationship, and informed consent. In order to be a program in the interest of patients and not simply cost containment, managed care must accommodate patients' reasonable expectations of confidentiality. Suggestions are delineated for the protection of confidentiality by managed care, including expanding the duty of confidentiality to managed care, obligating managed care to secure patients' informational privacy, obtaining informed consent to disclose as little information as necessary, and involving the patient in the cost containment and quality assurance process.
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U2 - 10.1002/bsl.2370120405
DO - 10.1002/bsl.2370120405
M3 - Article
C2 - 11660198
AN - SCOPUS:0028143963
SN - 0735-3936
VL - 12
SP - 351
EP - 365
JO - Behavioral Sciences & the Law
JF - Behavioral Sciences & the Law
IS - 4
ER -