1 chuck crews crews law offices 215 batesville road, suite c simpsonville, sc 29681 864-675-9581...
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Chuck CrewsCrews Law Offices
215 Batesville Road, Suite CSimpsonville, SC 29681
www.CrewsLawOffices.com
Legal Issues Related to Legal Issues Related to Care of Transition Age Care of Transition Age
Patients Patients
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TRANSITION POLICYTRANSITION POLICYTransition Policy is the first element of Transition Policy is the first element of the Six Core Elements of Health Care the Six Core Elements of Health Care TransitionTransition
Medical providers should have a well-Medical providers should have a well-defined, written policy that clearly states defined, written policy that clearly states the expectatons for health care transition the expectatons for health care transition of adolescent patients to adult model of of adolescent patients to adult model of carecare
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TRANSITION POLICYTRANSITION POLICY
A practice’s Transition Policy should A practice’s Transition Policy should include the following:include the following:
- Education of staff about the - Education of staff about the practice’s approach to transitionpractice’s approach to transition
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TRANSITION POLICYTRANSITION POLICY
A practice’s Transition Policy should A practice’s Transition Policy should include the following:include the following:
- Education of staff about the - Education of staff about the practice’s approach to transitionpractice’s approach to transition
- Explanation of legal changes - Explanation of legal changes regarding patient privacy and consentregarding patient privacy and consent
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TRANSITION POLICYTRANSITION POLICY
A practice’s Transition Policy should A practice’s Transition Policy should include the following:include the following:
- Education of staff about the - Education of staff about the practice’s approach to transitionpractice’s approach to transition
- Explanation of legal changes - Explanation of legal changes regarding patient privacy and consentregarding patient privacy and consent
- Discussions with patients and - Discussions with patients and parents concerning transitionparents concerning transition
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TRANSITION POLICYTRANSITION POLICY
A practice’s Transition Policy should A practice’s Transition Policy should include the following:include the following:
- Education of staff about the - Education of staff about the practice’s approach to transitionpractice’s approach to transition
- Explanation of legal changes - Explanation of legal changes regarding patient privacy and consentregarding patient privacy and consent
- Discussions with patients and - Discussions with patients and parents concerning transitionparents concerning transition
- Written policy posted for all to see- Written policy posted for all to see
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TRANSITION POLICYTRANSITION POLICY
Set expectations of the patient and the Set expectations of the patient and the patient’s parents or guardianpatient’s parents or guardian
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TRANSITION POLICYTRANSITION POLICY
Set expectations of the patient and the Set expectations of the patient and the patient’s parents or guardianpatient’s parents or guardian
Document the patient file!!!Document the patient file!!!
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AGE OF MAJORITYAGE OF MAJORITY
The age at which a person is The age at which a person is considered an adult capable of making considered an adult capable of making their own decisions, including medical their own decisions, including medical
carecareAge is 18 in most states, including SCAge is 18 in most states, including SC
Exceptions are Alabama (19), Nebraska Exceptions are Alabama (19), Nebraska (19), Washington, D.C. (21) and Mississippi (19), Washington, D.C. (21) and Mississippi (21)(21)
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COMMON ISSUES IN TRANSITIONCOMMON ISSUES IN TRANSITION
PrivacyPrivacy
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COMMON ISSUES IN TRANSITIONCOMMON ISSUES IN TRANSITION
PrivacyPrivacy
Informed consentInformed consent
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COMMON ISSUES IN TRANSITIONCOMMON ISSUES IN TRANSITION
PrivacyPrivacy
Informed consentInformed consent
Guardianship/ConservatorshipGuardianship/Conservatorship
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COMMON ISSUES IN TRANSITIONCOMMON ISSUES IN TRANSITION
PrivacyPrivacy
Informed consentInformed consent
Guardianship/ConservatorshipGuardianship/Conservatorship
SSI BenefitsSSI Benefits
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COMMON ISSUES IN TRANSITIONCOMMON ISSUES IN TRANSITION
PrivacyPrivacy
Informed consentInformed consent
Guardianship/ConservatorshipGuardianship/Conservatorship
SSI BenefitsSSI Benefits
Special Needs TrustsSpecial Needs Trusts
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PRIVACYPRIVACY
HIPAA rules apply just as with any other HIPAA rules apply just as with any other patientpatient
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PRIVACYPRIVACY
HIPAA rules apply just as with any other HIPAA rules apply just as with any other patientpatient
-Patient is entitled to a copy of their Patient is entitled to a copy of their recordsrecords
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PRIVACYPRIVACY
HIPAA rules apply just as with any other HIPAA rules apply just as with any other patientpatient
-Patient is entitled to a copy of their Patient is entitled to a copy of their recordsrecords
-Patient has right to have errors in records Patient has right to have errors in records correctedcorrected
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PRIVACYPRIVACY
HIPAA rules apply just as with any other HIPAA rules apply just as with any other patientpatient
-Patient is entitled to a copy of their Patient is entitled to a copy of their recordsrecords
-Patient has right to have errors in records Patient has right to have errors in records correctedcorrected
- Patient has right to know who has seen - Patient has right to know who has seen recordsrecords
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PRIVACYPRIVACY
SHARE MEDICAL INFORMATION OF PATIENT SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCESONLY UNDER LIMITED CIRCUMSTANCES
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PRIVACYPRIVACY
SHARE MEDICAL INFORMATION OF PATIENT SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCESONLY UNDER LIMITED CIRCUMSTANCES
-Patient consentsPatient consents
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PRIVACYPRIVACY
SHARE MEDICAL INFORMATION OF PATIENT SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCESONLY UNDER LIMITED CIRCUMSTANCES
-Patient consentsPatient consents
-Patient present and fails to objectPatient present and fails to object
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PRIVACYPRIVACY
SHARE MEDICAL INFORMATION OF PATIENT SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCESONLY UNDER LIMITED CIRCUMSTANCES
-Patient consentsPatient consents
-Patient present and fails to objectPatient present and fails to object
-Professional judgmentProfessional judgment
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INFORMED CONSENTINFORMED CONSENT
-Patient fully able to understand the nature Patient fully able to understand the nature of the proposed treatment, including the of the proposed treatment, including the benefits and risksbenefits and risks
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INFORMED CONSENTINFORMED CONSENT
-Patient fully able to understand the nature Patient fully able to understand the nature of the proposed treatment, including the of the proposed treatment, including the benefits and risksbenefits and risks
-Provider must have accurate information Provider must have accurate information about patient’s independent decision-about patient’s independent decision-making statusmaking status
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
PROCESSPROCESS
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
PROCESSPROCESS
- File petition with Court- File petition with Court
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
PROCESSPROCESS
-File petition with CourtFile petition with Court
-Court appoints physicians, GAL, VisitorCourt appoints physicians, GAL, Visitor
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
PROCESSPROCESS
-File petition with CourtFile petition with Court
-Court appoints physicians, GAL, VisitorCourt appoints physicians, GAL, Visitor
-HearingHearing
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
PROCESSPROCESS
-File petition with CourtFile petition with Court
-Court appoints physicians, GAL, VisitorCourt appoints physicians, GAL, Visitor
-HearingHearing
-AppointmentAppointment
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
OTHER REQUIREMENTSOTHER REQUIREMENTS
- Bonding- Bonding
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GUARDIANSHIP/GUARDIANSHIP/CONSERVATORSHIPCONSERVATORSHIP
OTHER REQUIREMENTSOTHER REQUIREMENTS
- Bonding- Bonding
- Annual report- Annual report
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SSI BENEFITSSSI BENEFITSCessation of benefits beyond age 18 is Cessation of benefits beyond age 18 is commoncommon
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SSI BENEFITSSSI BENEFITSCessation of benefits beyond age 18 is Cessation of benefits beyond age 18 is commoncommon
- Ensure medical record fully documents - Ensure medical record fully documents any disabilityany disability
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SSI BENEFITSSSI BENEFITSCessation of benefits beyond age 18 is Cessation of benefits beyond age 18 is commoncommon
-Ensure medical record fully documents Ensure medical record fully documents any disabilityany disability
-Advise patient and guardian to seek legal Advise patient and guardian to seek legal assistanceassistance
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTSWHAT IS IT?WHAT IS IT?
A legal arrangement and fiduciary A legal arrangement and fiduciary relationship that allows a physically or relationship that allows a physically or mentally disabled or chronically ill person mentally disabled or chronically ill person to receive income without reducing their to receive income without reducing their eligibility for the public assistance eligibility for the public assistance disability benefits provided by Social disability benefits provided by Social Security, Supplemental Security Income, Security, Supplemental Security Income, Medicare or Medicaid.Medicare or Medicaid.
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTSHOW DOES IT WORK?HOW DOES IT WORK?
Trustee manages funds for benefit of Trustee manages funds for benefit of disabled person and uses funds for the disabled person and uses funds for the beneficiary’s benefit AT DISCRETION OF beneficiary’s benefit AT DISCRETION OF THE TRUSTEETHE TRUSTEE
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTS
CAN BE USED FORCAN BE USED FOR
- Personal care attendants- Personal care attendants
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTS
CAN BE USED FORCAN BE USED FOR
- Personal care attendants- Personal care attendants
- Education- Education
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTS
CAN BE USED FORCAN BE USED FOR
- Personal care attendants- Personal care attendants
- Education- Education
- Recreation- Recreation
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SPECIAL NEEDS TRUSTSSPECIAL NEEDS TRUSTS
GET LEGAL ASSISTANCEGET LEGAL ASSISTANCE
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QUESTIONS?QUESTIONS?
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Chuck CrewsChuck CrewsCrews Law OfficesCrews Law Offices215 Batesville Road, Suite C215 Batesville Road, Suite C
Simpsonville SC 29651Simpsonville SC 29651
(864) 675-9581(864) 675-9581
Website: CrewsLawOffices.comWebsite: CrewsLawOffices.com
E-Mail: [email protected]: [email protected]