Skip to Navigation | Skip to Content
Upper link For Anonymous users admin

Log in

admin
Upper link

Advanced Search

Upper link

View Cart

Upper link

Contact Us

Upper link

Web Training Area

Consent

Overview

Consent

Consent issues arise in a wide variety of circumstances including informed consent to medical procedures, release of patient information, advance health directives, research, and reporting requirements.  CHA provides assistance to members in meeting consent requirements and advocates legislation that makes consent requirements more useful and understandable.

Consent issues arise in a wide variety of circumstances including informed consent to medical procedures, release of patient information, advance health directives, research, and reporting requirements.  CHA provides assistance to members in meeting consent requirements and advocates legislation that makes consent requirements more useful and understandable.

Education event

Consent Law Seminar
Serial consent, scope of practice, high utilizers, engaging law enforcement, homeless patient discharge, new laws and more!

Location:
May 23, Oakland       
June 6, Sacramento
June 6, New Live Stream Option    

Consent for treatment decisions often must be made quickly and may carry significant ramifications for patients, their families and your hospital. Ever-changing regulations further complicate matters.

CHA News Article Allison Bradley

New Law Addresses Voluntary Psychiatric Care in Emergency Departments

Sheree Lowe Lois Richardson Allison Bradley

The California Department of Public Health reminds general acute care hospitals and acute psychiatric hospitals that, effective Jan. 1, they may not require, as a condition of admission, a person who voluntarily seeks care to be placed on an involuntary hold under Section 5150 of the Welfare and Institutions Code.

CHA News Article

Hospitals Required to Offer Declaration of Paternity Forms

Lois Richardson

State law requires birthing hospitals to offer fathers — if available — the opportunity to complete a Declaration of Paternity form when the mother is unmarried.

Hospitals must attempt to have the parents complete all required data elements on the Declaration of Paternity form (CS 909) prior to submission to the California Department of Child Support Services (DCSS). DCSS has asked CHA to remind hospitals that the Social Security number (SSN) field must be completed. Individuals who do not have a SSN should check the box on the form that states, “By checking this box, I declare under penalty of perjury under the laws of the State of California that I do not have a Social Security number.” If a parent declines to provide a SSN or select the check box, the Declaration of Paternity form may not be used to establish paternity. Incomplete forms should not be sent to DCSS.

Additional details about the Declaration of Paternity form and process are included in CHA’s Consent Manual – A Reference for Consent and Related Healthcare Law. Questions about the Declaration of Paternity form should be directed to the California Paternity Opportunity Program at askpop@dcss.ca.gov or (916) 464-1982.

CHA News Article

CDC Updates Information Statements for Certain Vaccines

Lois Richardson

The Centers for Disease Control and Prevention (CDC) has released an updated vaccine information statement for DTaP and meningococcal ACWY. Federal law requires that health care providers give the relevant vaccine information statement to each patient (or parent/legal representative) who is vaccinated. CDC provides the informational handouts in more than 40 different languages at www.cdc.gov/vaccines/hcp/vis/.

Ideally, providers should begin using the updated statements immediately; however, CDC has stated that existing stocks may be used until depleted. To subscribe to the CDC’s email notification service about vaccine information statements, register online.

CHA’s Consent Manual — A Reference for Consent and Related Health Care Law includes a complete discussion of vaccination handouts, consent and required documentation.

CHA News Article

CHA Publications Help Hospitals Comply with Complicated Laws

Lois Richardson

CHA’s publications include numerous legal manuals, forms and other documents to help California hospitals understand and comply with the law — and save time and money.

 “CHA brings together state and federal statutes and regulations in one place to make hospitals’ job easier,” said Lois Richardson, Esq., CHA vice president and legal counsel. “The manuals don’t just repeat the law; they explain complex legal requirements in clear and concise language to tell you exactly what you need to do to comply.”

Publications cover a variety of health care topics, including health information privacy, consent law, mental health law, hospital compliance, charity care and discount policies, minors, patient “anti-dumping” laws, records retention and other key issues.

All legal manuals are regularly reviewed and updated as needed to ensure legal accuracy. Recent updates include the standard-setting Consent Manual, revised to cover legal changes through January 2018, and the 2018 EMTALA Manual. For the latest editions, visit www.calhospital.org/Publications. New this year, some publications are available in an electronic format.  

CHA News Article Brianna Nathan

Two Tests Added to Newborn Screening Program
CDPH increases fee to cover costs

Lois Richardson Brianna Nathan

The California Department of Public Health (CDPH) has added two tests, effective July 19, to California’s Newborn Screening Program. To cover the costs of the additional tests — for Mucopolysaccharidosis Type I (MPS I) and Pompe disease — CDPH has increased the fee from $129.25 to $141.25.

California’s statewide newborn testing program screens for over 80 genetic and metabolic disorders that can lead to severe intellectual and physical disabilities. For many of these disorders, irreversible damage has taken place by the time symptoms are observable. This can be prevented or minimized with early diagnosis through newborn screening, coupled with appropriate treatment. All California hospitals must collect a blood specimen from each newborn to send to the state-approved lab in the hospital’s service area. For details about California’s newborn screening program, see Chapter 13 of CHA’s Consent Manual – A Reference for Consent and Related Healthcare Law, or visit www.cdph.ca.gov/programs/cfh/dgds/pages/nbs/about-nbs-page.aspx. 

CHA News Article

Court of Appeal Grants CHA Request for Published Opinion
Court ruled in favor of hospital, physicians in wrongful death suit

Lois Richardson

The California Court of Appeal last week granted CHA’s request to publish its opinion in Alexander v. Scripps Memorial Hospital La Jolla et al. CHA requested that the court publish the decision because of the important legal issues it addresses, and because having it published allows attorneys in future cases to rely on it.

In the case, a patient with incurable stage four pancreatic cancer was transferred to a hospital from a skilled-nursing facility (SNF) for evaluation. The transferring physician did not believe she would return to the SNF, as he believed her death was imminent. The patient had completed an advance directive and a Physician Orders for Life Sustaining Treatment (POLST) form electing to have all measures taken to prolong her life, including full resuscitation if necessary. All physicians caring for the patient agreed that cardiac compression would be futile and cause harm and suffering. The family said they understood her condition was terminal, but still wanted full resuscitation.

Commands