Knowing when the law allows for a spouse or other family member to make a health care decision on behalf of a patient has always been less than clear. With the development of the federal HIPAA Privacy Regulations and its discussion of 'personal representatives,' the waters have been muddied further and the stakes have been raised. Health care professionals must not only be proficient in their delivery of services but must also have a firm understanding of what is necessary for surrogate decision-making to take place on behalf of their patient.
The following questions will be covered in this seminar:
- When does the law allow a personal representative to make decisions on a patient's behalf?
- What sort of decisions may be made by a personal representative?
- What sort of documentation do you need to request and review?
- How do you read a power of attorney? What are you looking for in a guardianship order?
- When does the law allow a minor to make health care decisions?
- How do you handle non-traditional situations involving minors (such as: absentee parents, foster parents, adoptions, dependency proceedings, same-sex parents, gestational carriers, etc.)?
8:30 a.m. - 10:00 a.m.
I. Overview Of Personal Representatives In Health Care: The General
Rules Of Surrogate Decision-Making
A. Overview Of Surrogate Decision-Making In Health Care: The Myth Regarding Spouses And 'Next Of Kin'
B. When Does A Personal Representative Come Into Play?
1. Informed Consent
2. Refusal And/Or Withdrawal Of Life-Sustaining Treatment: A Discussion Of The Status Of Pennsylvania Law Since In Re Fiori
3. HIPAA Privacy Rights: Access, Amendment, Authorization And Accounting
4. Limited Disclosures To Persons 'Involved In Care Or Payment For Care' Under HIPAA
C. Issues Of Legal Liability For The Health Care Provider
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 11:45 a.m.
II. 'Isn't Every Power Of Attorney the Same?': A Look At The Documents
And Processes That Create Personal Representatives
A. Powers Of Attorney
C. Estates Of Deceased Individuals
D. Advance Directives
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 2:50 p.m.
III. 'You Won't Tell My Parents Will You?': A Discussion Of Minors And
Health Care Decision-Making
A. The General Rule In Pennsylvania
B. Legal Exceptions To The Age Of Majority
1. Emancipation: Court-Ordered And Statutory
2. Mental Health Treatment
3. Drug And Alcohol Treatment
4. Sexually Transmitted Diseases
C. How Do The HIPAA Privacy Rights Fit In?
D. Non-Traditional Situations Involving Minors: Absentee Parents, Foster Parents, Adoptions, Dependency Proceedings, Same-Sex Parents, Gestational Carriers, etc.
2:50 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
IV. Roundtable Discussion