Matt Cohen & Associates has over 30 years of experience in assisting Mental Health and Human Services providers with a wide variety of legal issues. These services include both proactive help with corporate formation, policy development and compliance issues, as well as extensive services to assist providers when problems arise.
- Corporate Formation, Policy development and review: Assist with corporate formation process, client and staff policy development and review/audit of existing policies and procedures regarding consent, confidentiality, record keeping and disclosure issues, intake, discharge, data management and disclosure, and personnel issues.
- Confidentiality Assistance: Consultation and policy development on confidentiality policies under HIPAA and state law, compliance audits, assistance with developing forms and response to questions regarding release if information, including duty to warn and abuse and neglect reporting.
- Crisis Management/High Risk Client/staff consultation: Consultation and direct assistance with high risk client and staff issues, including duty to warn/protect, conflicts of interest, client and staff injury, ethics violations, client and staff complaints, and response to outside investigations. Provide guidance on responses to subpoenas and court orders and, where necessary, provide representation in pursuing or fighting disclosure in court.
- Personnel Issues: Assistance with development and review of personnel policies and employee contracts, help with hiring and disciplinary issues, and responding to staff grievances.
- Funding/Reimbursement/Compliance Issues: Review and assist in negotiating program/funding contracts, help with resolving conflicts with funding sources, monitor compliance with contract and funder requirements, and pursue reimbursement disputes.
- Staff Development/Consumer Training: Offer staff training on a wide array of issues legal and ethical issues and training to consumer on these and other topics.
Risk Management Consulting
Our clients often want/need rapid access to informed, practical legal consultation on a wide variety of matters, such as client crises and staff issues. Many of these clients utilize our Unlimited Phone Consultation Plan. This service provides unlimited phone consultation for a fixed monthly or annual fee (based on size of client and anticipated volume) for rapid consultation on issues that can be dealt with quickly without the need for extensive record review, research or direct representation. This allows our clients to contact us as needed, preferably when a problem is first suspected or identified, in order to get assistance as early in the process as possible.
Not surprisingly, the earlier we are able to provide assistance, the more able we are to help the client to effectively manage or resolve the emerging problem. Because the client is not being charged based on time spent, it is easier to support more frequent and earlier requests for legal consultation. When a problem or project requires more time, research, document review, or direct legal representation, we will inform the client, provide a minimum estimate of the cost for our assistance, and secure client approval before proceeding.
General Legal Representation
Some clients require assistance on a specific problem or matter, or prefer to contact us and be charged on an “as needed” basis. In these circumstances, we typically have an initial consultation with the client. During that consultation, we provide the client an assessment of the problem, options and recommendations for handling the problem, and projected time and cost for providing the needed services. These services are billed on a monthly basis. Depending on the nature and scope of the project, an initial retainer may be required.
In some instances, the client may have a specific need for assistance requiring a more sustained effort, but with a fixed outcome. Examples include incorporation, development of new policies or procedures, review and audit of existing procedures, or help with establishing a new program or activity. Under some circumstances, these projects may be set up on a flat fee basis. Again, depending on the size and scope of the project, an initial retainer may be required.