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jrmom
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Posted: Wed Jun 13th, 2007 02:30 am |
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Some parents are surprised to find out that they are not only not notified if their child has a health crisis, they may not even be able to get information because of current privacy laws.
The way we dealt with that was to insist that our older child provide "release of information" forms that had our names on it to all her health care providers. That way we knew that her essential privacy was assured, but if we needed information in an emergency there would not be any delays or snags in getting it.
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binx
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Posted: Wed Jun 13th, 2007 02:55 am |
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Interesting that you mention this today. We got a newsletter from Miami-OH today, and in it was an article about privacy laws, and forms for kids to sign. I didn't read it all very closely, yet, but I was surprised to see that one way I can get access to some info (don't know if it includes health, or only academic) is to send a copy of my tax form showing that D is claimed as a dependent!
I think this must be Ohio law, because my sons in PA and NY never got anything like this.
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newberry
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Posted: Tue Jun 19th, 2007 01:37 am |
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Very tricky stuff, this privacy of health information. I would seriously doubt that showing that anyone above 18 is a dependent would open the doors to health information. If the student wants parents to have access to information, the student should sign a HIPAA compliant release of information in each doctor's office that gives the health care provider permission to release verbal or written information about the medical condition to the parents. (I had my 18 year old sign one at the orthodontist just the other day, mostly for convenience.) Unfortunately, if the student doesn't want the parent to have the information, that pathway doesn't work.
Another reasonable action for an adult of any age is to declare a health care proxy to make health care decisions in situations in which a person cannot make his/her own decisions. In New York state this can be done by signing a fairly straight-forward form. Although the next-of-kin usually steps up to make decisions, having the health care proxy designated makes it clear who should make decisions if there is controversy and minimizes the legal challenges to issues such as research trial participation in those who are too sick to make their own decisions.
Should note that I come to this topic from the medical side, not the legal side.
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jrmom
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Posted: Tue Jun 19th, 2007 10:46 am |
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As soon as my daughter turned 18, a condition of my paying tuition was that she sign release of information forms for medical information, and she also willingly signed health care proxy forms for us to make medical decisions for her if she is not able to make them for herself.
It's a detail that often slips, because they still seem like our children, but 18 IS a legal adult!! Imagine the nightmare if our kids were in an accident and there was no proxy form.
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Wstrdg
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Posted: Thu Jun 21st, 2007 02:43 am |
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Thank you to newberry. You get the crown!
Depending on your state, it may be called a health directive or proxy or power of attorney, etc. But your freshly-adult child needs one. And you need him/her to have one for your peace of mind.
Last edited on Thu Jul 12th, 2007 07:25 pm by Wstrdg
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Wstrdg
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Posted: Thu Jun 21st, 2007 02:56 am |
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And do your kids all carry their insurance cards in their wallets? What about adding contact phone numbers on the back?
Last edited on Thu Jul 12th, 2007 07:25 pm by Wstrdg
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scoop
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Posted: Thu Jun 21st, 2007 10:13 am |
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I was talking this over with a friend whose daughter is in college. Would the parents automatically be able to make decisions for someone over 18 in case of emergency?
Have your kids add the ICE designation in front of your names on their cell phone. Here is an explanation.
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/17/AR2005071700879.html
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Chedva
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Posted: Thu Jun 21st, 2007 12:00 pm |
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| scoop, there's nothing "automatic" about it. That's why the proxy is important; the last thing you want to have to do is argue with medical staff about whether you can get information and make decisions!
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scoop
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Posted: Thu Jun 21st, 2007 12:32 pm |
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Chedva,
I was arguing FOR the proxy. I just didn't have the details to convince my friend since I don't have anyone over 18.
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jrmom
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Posted: Sun Jun 24th, 2007 11:20 am |
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Our lawyer in NY said no, it would not be automatic that parents would get to direct care for an over-18 if there were no health proxy. That's why we did it.
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Wstrdg
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Posted: Tue Jun 26th, 2007 07:57 pm |
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| Privacy laws apply equally to your child's financial affairs. If you want to be notified of amounts due for tuition/housing/fees, you will need to have your student authorize the university to release this info. Last edited on Thu Jul 12th, 2007 07:26 pm by Wstrdg
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-allmusic-
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Posted: Tue Jun 26th, 2007 09:05 pm |
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Not trying to be dense, but how does one get a healthcare proxy for an 18 yr old? Does it require a trip to the lawyer, or just a notary?
What does one have to do on the college end? The thought of 18 yr olds making all these decisions themselves is a bit horrifying.
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Wstrdg
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Posted: Tue Jun 26th, 2007 09:13 pm |
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No lawyers required! The AMA has put together a kit that you may be able to get from your physician. Or it might be faster to just google your state and the phrase health care directive/proxy/power of attorney. The wording varies. You should be able to locate your state's suggested wording.
Read carefully to see how your state requires that the form be executed: notary? witnesses?
Finally, make sure someone can find the form if the need arises. It won't do any good if it's buried in a shoebox in the back of your closet.
Last edited on Thu Jul 12th, 2007 07:26 pm by Wstrdg
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Wstrdg
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Posted: Tue Jun 26th, 2007 09:19 pm |
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| Grades will be a private matter between college and student, due to privacy laws. Conceivably, your child could be dismissed for academic failure without any word to you in advance. Grades are not mailed home, so the mailbox dash won't work! Last edited on Thu Jul 12th, 2007 07:25 pm by Wstrdg
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Chedva
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Posted: Tue Jun 26th, 2007 09:26 pm |
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Finally, make sure someone can find the form if the need arises.
Absolutely - I would also suggest giving the school's Health Center a copy of the form as well.
And for this particular problem, unlike paying the bill, there is no "parent authorization."
Actually, there is - it just doesn't need to be in any particular format. A letter authorizing the dean or registrar to release the information to the parents should be sufficient. Or such a letter to the advisor should suffice.
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newberry
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Posted: Wed Jun 27th, 2007 01:03 am |
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The form for health care proxy in New York State can be downloaded from http://www.health.state.ny.us/professionals/patients/health_care_proxy/intro.htm in four languages, no less. It requires 2 witnesses who are not the health care proxy but no attorney or notarization. It becomes effective if the student cannot make health decisions for him/herself.
Agree that once it is signed a copy should go to the proxy and to the college health clinic and to any physicians routinely involved in the care of the student.
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scoop
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Posted: Wed Jun 27th, 2007 01:35 pm |
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| I remain a little confused. If there were no health care proxy, wouldn't the next of kin be notified to make decisions - the parents? Is it a time factor?
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Wstrdg
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Posted: Wed Jun 27th, 2007 07:30 pm |
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| scoop, not a pleasant thing to consider, but we're talking worst case scenario, decisions to withhold extraordinary health care, like life support in the case of a persistent vegetative state
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Wstrdg
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Posted: Wed Jun 27th, 2007 07:33 pm |
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| and then, there REALLY is the issue of disclosing medical info under HIPAA (health privacy). You may be notified that your child is hospitalized, but the details might be withheld.
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Chedva
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Posted: Wed Jun 27th, 2007 08:53 pm |
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For the HIPAA issue, a simple "I hereby authorize you to disclose any and all medical information about me to ________, my parents (or mother or father or whomever), and to discuss diagnosis, prognosis and treatment with them. I alsoo authorize you to initiate such contact with _________ as you deem appropriate."
That releases only the information, but retains to the student the right to direct treatment.
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