Provider Mandated Reporting Policy

Applicability:  

Therapymatch, Inc., d/b/a as Headway, and its affiliates and subsidiaries (collectively, "Headway," "we," "us," or "our") and all of its associated Professional Corporations (PCs), including but not limited to all current and future PCs.

Definitions:

• Abuse — Any intentional or reckless act or omission by a caregiver or other responsible person that causes, or reasonably threatens to cause, physical, emotional, or sexual harm to a minor, elder, or at-risk adult.
• Neglect — A failure by a caregiver or responsible person to provide necessary care, supervision, protection, or basic needs (such as food, shelter, medical care, and education) in a manner that causes or threatens harm.
• Minor — Any individual who has not yet reached the age of majority as defined by the applicable jurisdiction (typically under 18 years of age).
• Elder — An individual who meets the age threshold for elder-protection statutes in the applicable jurisdiction (commonly age 60 or 65 and older) and who is covered by state elder-abuse or elder-protection laws.
• At-risk adult — An individual 18 years of age or older who, due to physical, cognitive, developmental, or mental health conditions, or other vulnerabilities, is unable to adequately protect themselves from abuse, neglect, or exploitation.
• Mandated report — A formal report made to the legally designated authority (e.g., CPS, APS, or law enforcement) by a mandated reporter when they know of, or reasonably suspect, abuse, neglect, or exploitation of a covered individual.
• Mandated reporting laws — State and other applicable statutes and regulations that require certain professionals (including licensed mental health providers) to report known or reasonably suspected abuse or neglect. Note: Reporting timeframes vary by state. Clinicians are responsible for knowing and complying with the specific timeframes required by law in all states in which they are licensed and delivering care.
• Child Protective Services (CPS) — The state or local agency authorized by law to receive, investigate, and respond to reports of suspected child abuse or neglect, and to coordinate protective services for children.
• Adult Protective Services (APS) — The state or local agency authorized by law to receive, investigate, and respond to reports of suspected abuse, neglect, or exploitation of elders and at-risk adults.
• Clinical Quality Monitoring (CQM) — Headway's program for systematically reviewing clinical documentation to assess whether care meets defined quality and safety standards, including mandated reporting documentation requirements.

Policy:

Headway requires all licensed therapists to maintain current knowledge of, and to comply strictly with, all applicable mandated reporting obligations in every jurisdiction in which they practice, including but not limited to obligations to report known or reasonably suspected abuse or neglect of minors, elders, and at-risk adults.

Licensed therapists must also timely and accurately document in the clinical record any mandated reporting actions taken, as well as the clinical observations, assessments, and decision-making supporting those actions or, where applicable, supporting a determination that no report was required.

Procedures:

1. Documentation of Mandated Reporting
   1. When a clinical note documents any abuse or neglect involving a current minor, elder, or other at-risk adult, Headway expects the treating clinician to document in the record one of the following:
      1. That a mandated report was completed (e.g., to CPS, APS, or law enforcement); OR
      2. A clear clinical rationale for why a report is not indicated, such as: the abuse or neglect has already been reported; there is an already-open CPS/APS investigation; or another appropriate authority has already taken jurisdiction over the case.
   2. This documentation must be clear enough that another licensed clinician reviewing the note can understand the provider's assessment and actions related to mandated reporting.
2. Limited Exceptions
   1. Headway recognizes that, in rare cases, documenting a report or explicit consideration of reporting could increase risk of retaliation or harm if the perpetrator later obtains access to the record.
   2. In such circumstances—where the clinician has a well-founded concern about retaliation against the client or other serious safety implications—providers may exercise professional judgment in determining documentation approach, balancing:
      1. Their professional judgment that documenting the report would directly result in harm to the client (e.g., retaliation, escalation of abuse, or other serious safety consequences);
      2. Applicable state and federal law; and
      3. Any relevant ethical guidance from their licensing board.
   3. This exception is limited to safety-based concerns about direct harm to the client. It does not apply to concerns about HIPAA violations, unauthorized disclosure, or general privacy risks.
   4. In these situations, clinicians are still expected to:
      1. Comply fully with all mandated reporting laws; and
      2. Document, at minimum, that risk and safety were assessed and addressed, even if the specific reference to a report or reporting decision must be handled more generally.
   5. When in doubt, providers should seek consultation (e.g., from a supervisor, legal counsel, or professional association) to balance client safety, legal obligations, and documentation risk.
3. Relationship to Clinical Quality Monitoring (CQM)
   1. There may be instances where, through Headway's CQM process, a note is flagged for not documenting a mandated report or a rationale for not reporting. If this occurs, the treating clinician is expected to respond to the CQM inquiry and, where appropriate, update the clinical documentation.

References:

• American Psychological Association (APA) Statement on Mandated Reporting 
• RAINN State Law Database