Objectives Review federal statutes (HIPAA, FERPA) Discuss state guidelines Review local...
-
Upload
graciela-elcock -
Category
Documents
-
view
220 -
download
0
Transcript of Objectives Review federal statutes (HIPAA, FERPA) Discuss state guidelines Review local...
Objectives Review federal statutes (HIPAA, FERPA)
Discuss state guidelines
Review local procedures
6 - 2
HIPAA places legal restrictions on doctors, hospitals, clinics, etc. about disclosing patient information.
Generally, health care providers need signed authorization of the minor’s parent (or the minor, if the minor can consent to the relevant testing or treatment) to release records.
Health Insurance Portability & Accountability Act (1996)
6 - 3
Subpoenas Locate/identify missing person, suspect,
or witness Victim of a crime Victim of abuse, neglect, domestic violence To avert serious threat to health or safety
Law Enforcement Exceptions to HIPAA (45 CFR 164.512)
6 - 4
FERPA protects the privacy of student education records.
Generally, schools need written permission from parents to release information.
Family Educational Rights and Privacy Act
6 - 5
Exceptions to FERPA Court order/subpoenas Appropriate officials in case of health
and safety emergencies State and local authorities within a
juvenile justice system (pursuant to specific state law)
6 - 6
Federal Drug & Alcohol Regulations (42CFR Chapter 2)
Protects people seeking substance abuse treatment from prosecution
Governs the release of records by substance abuse treatment programs
(ENTER YOUR STATE HERE IF LAWS ARE MORE RESTRICTIVE)
6 - 7
Federal Drug & Alcohol Regulations (42CFR Chapter 2)
Exceptions that allow disclosure without first obtaining signed authorization:
A court order accompanied by a subpoena
6 - 8
Voluntarily Seeking Help With parental involvement
Without parental knowledge
6 - 9
Involuntary Outpatient Commitment Insert your state’s issues, if applicable.
6 - 10
Emergency/Involuntary Transport of Youth
Insert your state’s issues, if applicable.
6 - 11
Other Procedures to Bring Youth to a Treatment Facility
Insert your state’s procedures, if applicable.
6 - 12
Psychiatric Hospital Admissions of Youth
Voluntary Involuntary
Definition of “minor” for purposes of hospitalization:
Insert your state’s definition.
6 - 13
Potential Collateral Legal Consequences of Delinquency Arrest/Adjudication
If an undocumented immigrant, trigger of deportation proceedings
If a felony charge, potential limits or exclusion from public education
Bar or limits on serving in the military Implications for public housing; possible eviction Bar or limits on future student loans for post-high
school education
6 - 14