Treatment Abuse, Behavior Modification, Thought Reform > Aspen Education Group
Long-Term Outcome Studies
Troll Control:
In compliance with what? They have unlicesned counselors doing therapy sessions. That's illegal. It's a crime in fact.
The lawsuit is still ongoing. Aspen is being sued for illegally providing therapy using unlicensed counselors which they call "therapists" on the website.
You're flailing and failing, Who boy.
Please show us the Oregon law where unlicensed people can deliver therapy.
Whooter:
--- Quote from: "Guest" ---In compliance with what? They have unlicesned counselors doing therapy sessions. That's illegal. It's a crime in fact.
--- End quote ---
Whenever possible we go back to the source and in this instance the courts just dont agree with you. Lets take another look at it:
2 The parties seem to agree that although Trudy Godat (Director of North Star) was not licenced, one member of Matthew Pence's "treatment team" was a licenced therapist.
The court agrees with defendants (Aspen Education Group) that Harless's alleged disclosure of Matthew Pence's confessions to police was not an extreme transgression of the bounds of socially tolerable conduct. Matthew Pence's IIED claim therefore fails as a matter of law.
Court Records
Troll Control:
Here's a quote from the link you provided, Whooter:
--- Quote from: "The Judge in the Aspen Case" ---There is evidence that NorthStar employees went through HIPAA training and took HIPAA quizzes prior to the disclosure at issue. Rose Aff., ¶ 4. This suggests the possibility that NorthStar may be a covered entity within the meaning of HIPAA.
--- End quote ---
Northstar gave HIPAA training to all of it's unlicensed therapy providers. They must think they are a covered entity. The court will decide this. HIPAA has nothing to do with individuals, only the facility.
Whooter:
--- Quote from: "Guest" ---Here's a quote from the link you provided, Whooter:
--- Quote from: "The Judge in the Aspen Case" ---There is evidence that NorthStar employees went through HIPAA training and took HIPAA quizzes prior to the disclosure at issue. Rose Aff., ¶ 4. This suggests the possibility that NorthStar may be a covered entity within the meaning of HIPAA.
--- End quote ---
Northstar gave HIPAA training to all of it's unlicensed therapy providers. They must think they are a covered entity. The court will decide this. HIPAA has nothing to do with individuals, only the facility.
--- End quote ---
One may think that and many would agree with you, but here is what the court says:
The court agrees with defendants (Aspen Education Group) that Harless's alleged disclosure of Matthew Pence's confessions to police was not an extreme transgression of the bounds of socially tolerable conduct. Matthew Pence's IIED claim therefore fails as a matter of law.[/i]
Court Records
RMA Survivor:
The court said many things, but people are taking them out of context.
Those who are not licensed, are not covered, thus they are allowed to make police reports and give information whereas someone who is licensed might not be able to do so because of patient/doctor confidentiality. I say might, because a therapist is required by law in many cases, such as expressions or suicide by the patient, to in fact call the police and report this. However the case is explaining that those who are not licensed are not covered by this, thus the fact North Star called the police was legal and therefore the lawsuit claim invalid.
Second, the case is suggesting that although Matthew had an actual licensed therapist, and thus receiving treatment, North Star was indeed offering treatment. What the case did not cover is whether the other staff, who are not licensed, are allowed to offer treatment or counseling under the law. It also did not cover whether those other staff who are not licensed health professionals were providing treatment or counseling. We however know that they do provide it and this is not legal. But it does not appear to have been discussed or ruled upon specifically in the court case.
HIPAA rules cover entire entities and not individuals thus by having one person covered by the rules, the entity (North Star) had to be covered. Whether the other staff who are not licensed or trained are covered is obvious by virtue of North Star being covered for their one licensed therapist. And if North Star, or even Aspen as a whole give their staff training in HIPAA, that's cool. However I highly doubt they actually follow those guidelines.
But the main argument here is whether staff, who are not licensed or trained should be performing any level of mental health work on teens? And I think those who are not suck puppets tend to think this is illegal and immoral.
If Aspen group had staff who simply worked with teens, providing them with an education, taking them on hikes, building simple teacher/student relationships and nothing else, and then the teen received ALL of their therapy and counseling directly from a licensed and trained medical person and NONE from the other staff, that would be a better setting. But we know this is not the case. We know even when a real trained person is on hand, the students receive the bulk of their counseling and treatment from unlicensed, untrained staff and this is wrong and immoral.
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