Recording

Minors Health Care — The Basics of Consent, Privacy and More Webinar
Learn about the rules, exceptions to the rules, practical solutions to common problems

Webinar Recorded Live on October 29, 2014

Overview

This scenario plays out in hospitals every day: grandmother, teacher, neighbor or concerned friend brings a minor to the hospital. No parent in sight. Now what?

Can you treat the minor? Whose consent do you need? Who should you talk to about the minor’s treatment options? These are all too common questions that often challenge the most seasoned health care providers.

This webinar takes listeners back to basics to refresh knowledge of consent and privacy laws for minors. Learn about the general rules, and the exceptions to the rules. Hear about practical solutions to common problems. Case examples are used to demonstrate how to properly analyze and respond to tricky situations.

Agenda

Consent for Treatment and Minors — Many Laws, Many Rules

  • General rule — parents decide treatment, except when …
  • No parents, now what? Dealing with guardians, relatives, caregivers
  • When a minor can consent for all treatments — emancipated, self-sufficient and more
  • Consent for sensitive services — pregnancy, reportable disease, mental health services
  • Wards and dependents of the juvenile courts, inmates — who has the right to consent
  • When parent and minor disagree on treatment — what do you do?
  • When a parent refuses treatment for a minor

Privacy and Minors — Legal and Practical Considerations

  • Teasing apart the applicable laws — CMIA, LPS, HIPAA
  • Who gets to know what, and why — dealing with mixed records
  • Disclosures to family, close friends — when you can and can’t share information
  • Sharing information with other providers instead of parents
  • When you can withhold information and why
  • Privacy follows consent rights — with a few exceptions
  • Noncustodial parents — what are their rights to information?
  • Who pays the bill? Privacy concerns

Faculty

Jacquelyn Garman, JD, is vice president, legal counsel for California Hospital Association. Ms. Garman oversees and coordinates the association’s legal representation on litigation critical to the hospital industry and assists with the legal impact of legislation and regulations on hospitals. Prior to joining CHA, Ms. Garman served as general counsel for Children’s Hospital & Research Center Oakland (now UCSF Benioff Children’s Hospital Oakland) from 2006-2014, where her responsibilities also included serving as the organization’s risk manager. In addition, she was a partner in the Hanson Bridgett law firm, specializing in civil litigation with an emphasis in medical staff credentialing and peer review disputes.

Lois Richardson has served as CHA’s legal resource for the past 19 years, primarily as legal counsel and most recently as vice president of privacy and legal publications and education. She is the author of numerous CHA publications, including the Consent Manual, California Hospital Compliance Manual, California Health Information Privacy Manual and Mental Health Law. Lois has also served as the executive director for the California Society for Healthcare Attorneys for 12 years, providing legal education and networking opportunities for California’s health care attorneys.

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