Kitch - Attorneys & Counselors
Mental Health Law

Mental Health practice is a specialty niche within healthcare that, in addition to meeting overall health law requirements and regulations, must comply with its own unique laws under the Michigan Mental Health Code.  The Kitch firm represents both inpatient and outpatient providers on an institutional and individual level in the mental health arena. 

While many of the issues encompassed by mental health practice are addressed within our other practice areas, such as transactions or risk management/medical-legal issues, we are sensitive to nuances that mental health involves. 

Examples of mental health work of the Kitch firm include:

  • Analysis of confidentiality requirements imposed by HIPAA and the Michigan Mental Health Code
  • Analysis of duty to warn statutory requirements and assistance in formulating policies and procedures to ensure compliance
  • Advising on civil commitment procedures and legal requirements
  • Minimizing liability exposure through documentation and discharge planning procedures
  • Restraint and seclusion requirements under the Michigan Mental Health Code and Medicare Conditions of Participation
  • Assistance in formulating policies and procedures to ensure patient safety and staff compliance
  • Litigation of psychiatric malpractice claims
  • CON and licensure requirements for inpatient facilities
  • Drafting physician and mental health professional employment contracts
  • Assisting with mental health professional and psychiatry recruitment in compliance with statutory and regulatory requirements
  • Analysis of IMD payment provisions.