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Adolescent Health and Confidentiality Adolescent Health and Confidentiality

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Adolescent Health and Confidentiality - PPT Presentation

NCPHA Fall Educational Conference Jill Moore JD MPH UNC School of Government September 2016 Adolescent Health and Confidentiality The Public Health Nursing and Professional Development Unit North Carolina Division of Public Health is approved as a provider of continuing nursing education b ID: 684971

consent health amp minor health consent minor amp law care minor

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Slide1

Adolescent Health and Confidentiality

NCPHA Fall Educational Conference

Jill Moore, JD, MPH

UNC School of Government

September 2016Slide2

Adolescent Health and ConfidentialityThe Public Health Nursing and Professional Development Unit, North Carolina Division of Public Health, is approved as a provider of continuing nursing education by the North Carolina Nurses Association, an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation.

This presentation is being jointly provided with the North Carolina Association of Public Health Nursing, Women’s and Children’s Health and Social Work Sections.

The planners and presenters have no actual, potential or perceived conflicts of interest to disclose.Slide3

Adolescent Health and ConfidentialityIn order to obtain CE for this session participants must:

Remain for the entire presentation

Complete and submit the participant evaluation from the Public Health Nursing and Professional Development Unit which will be provided at the end of the presentation.

A total of one contact hour will be awarded for this presentation

.Slide4

Adolescent Health and ConfidentialityObjectives

Identify changes in the NC statutes related to consent for the treatment of minors in DSS custody

Discuss challenges in confidentiality created by the use of new technologies, such as texting and patient portals

Review components of a draft policy on text messaging

Describe 2015 changes to NC’s Healthy Youth ActSlide5

Healthy Youth Act ChangesS.L. 2015-279 (S 279)“An Act to Modify Educational Qualifications for the Practice of Counseling and to Require Local Boards of Education to Address Sex Trafficking Prevention & Awareness”

Also amended G.S. 115C-81(e1)(4), aka Health Youth ActSlide6

Healthy Youth Act ChangesHistory:Abstinence-based sex education, comprehensive sex education only if locally approved

2009 – Health Youth Act:

Added comprehensive sex education, to include information about condoms and contraceptives as well as abstinence

Required instructional materials to be based on scientific research that is peer-reviewed and accepted by professionals and credentialed experts in field of sexual health educationSlide7

Healthy Youth Act Changes2015 Changes:“Information conveyed during the instruction shall be objective and based upon scientific research that is peer reviewed and accepted by professionals and credentialed experts in the

field

fields

of any of the following: sexual health

education.

education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education.

Also required actions related to sex trafficking prevention and awareness.

LEAs must collaborate with “diverse group of outside consultants” including law enforcement to address threat of sex trafficking and develop a referral protocol for students

Law enforcement agencies and nongovernmental organizations with expertise in sex trafficking prevention and awareness may contribute to instructional materials and information. Slide8

Cyberbullying (G.S. 14-458.1)State v. Bishop, NC Supreme Court (June 10)

Case: High school student posted comments on Facebook about another student, including comments about the other student’s sexuality and genitals. Student who posted comments charged with cyberbullying and convicted. Appealed conviction.

Court decision: The portion of cyberbullying statute that was basis of the conviction violates First Amendment: restricts speech, the restriction is not content-neutral, and the statute is not narrowly tailored to State’s interest in protecting children from online bullying.

What does this mean?

The portion of the statute that was struck down can’t be enforced

Other portions of statute? Not directly affected by court’s decision, but decision may call into question whether they too might be invalidated and this will likely influence decisions about prosecutionsSlide9

Consent to health care for minors (under age 18)Slide10

Who may consent for minor?General rule: Parent (or parent substitute) consentsExceptions:

Emancipated minors

Parent authorizes another adult to consent

Emergencies and other urgent circumstances

Minor’s consent lawSlide11

Minor in DSS custody (G.S. 7B-505.1)Slide12

Minors’ consent lawsSlide13

What is required to be able to give consent to treatment?Slide14

What is required for a minor to give consent for own treatment?Slide15

NC minors’ consent law (GS 90-21.5)Gives

any

minor legal capacity to consent to services for the prevention, diagnosis, or treatment of:

Sexually transmitted infections or other reportable communicable diseases

Pregnancy (but minors may not receive abortions or medical sterilization on their own consent)

Emotional disturbance (but minors may not consent to admission to a 24-hour facility, except in emergencies)

Abuse of controlled substances or alcohol (with the same restriction on admission to 24-hour facilities)Slide16

What’s the minimum age?

What do you think about the minimum age for a minor to give consent under NC’s minor’s consent law?

§ 90-21.5.  Minor's consent sufficient for certain medical health services.

(a)  Any minor may give effective consent to a physician licensed to practice medicine

in North Carolina for medical health services for the prevention, diagnosis and treatment

of (

i

) venereal disease and other diseases reportable under G.S. 130A-135, (ii) pregnancy,

(iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance.  …Slide17

Other FAQs about G.S. 90-21.5

What if parent wants minor to have a treatment covered by minor’s consent law, but minor doesn’t want it?

Does law authorize a minor to consent to HPV vaccine?

Did the legislature change it? Slide18

Confidentiality and disclosure of recordsSlide19

Why have confidentiality for adolescents?Avoid negative health outcomesProtect individual adolescents’ healthProtect the public health

Encourage adolescents to seek needed care

Research supports rationale – findings show that concerns about privacy influence:

Whether adolescents seek care

When and where they seek care

How open they are with health care providerSlide20

Confidentiality LawsFederal

HIPAA

FERPA

Others specific to particular settings or clients:

Title X

Substance abuse (applies to federally assisted substance abuse programs, not to all substance abuse info in medical records)

State

Confidentiality for minor’s consent services

(G.S. 90-21.4)

Other laws specific to particular conditions or treatments:

Communicable disease

Mental healthSlide21

HIPAA termsProtected health information (PHI)Information that identifies an individual and relates to

Health status or condition, or

Provision of health care, or

Payment for the provision of health care

Individual

A person who is the subject of PHI

Personal representative

A person with legal authority to act on behalf of an individual in making decisions related to health careSlide22

Who controls disclosure of information?General rule: IndividualBut if individual can’t make own health care decisions, then personal representative

How does this apply to minors?Slide23

HIPAA & Minors

Minor is treated as “individual” if:

Minor consents to health care service and no other consent is required by law

Minor’s consent law

(G.S. 90-21.5)

Minor may lawfully obtain care without parental consent and the minor, a court, or another person gives the consent

Ex: NC law allows certain

adults other than parents to consent to minor’s abortion, or court may waive parental consent

Minor’s parent agrees to confidentiality between minor and HCP for a health care service

Ex: Pediatrician may ask a parent for permission to examine and/or

consult with an adolescent privatelySlide24

What does it mean for the minor to be treated as the “individual”?Minor is the person who exercises HIPAA rights regarding information about the health care service:Signing authorizations for disclosure (when authorization is required)

Right of access to the information

Right to request additional confidentiality protections for the informationSlide25

What about disclosure to parents?HIPAA defers to state or “other applicable” lawSlide26

What do NC & other laws say about disclosing minor’s consent info to parents?NC law (G.S. 90-21.4(b))

General rule: No disclosure to parent without minor’s permission

Exception: HCP

may

disclose to parent if:

Essential to life or health of the minor, or

Parent contacts HCP and inquires about the treatment

Other laws

May prohibit or inhibit disclosure to parents about minor’s consent services for:

Family planning (Title X, Medicaid)

Communicable diseases (G.S. 130A-43)

Mental health (G.S. Ch. 122C)

Substance abuse (42 CFR Part 2)Slide27

Bottom lines?General Rule

Need

the minor’s permission

to disclose information about treatment received under minor’s consent law to anyone, including parents

Exceptions

May disclose to parent if essential to minor’s life or health

May make other disclosures without minor’s permission when disclosure is required by other laws (e.g., to report child abuse or neglect)Slide28

Emerging issues in confidentialitySlide29

Insurance & ConfidentialitySlide credits: Abigail English, JD, Center for Adolescent Health & the Law

See also:

Position Paper: Confidentiality Protections for Adolescents and Young Adults in the Health Care Billing and Insurance Claims Process (Society for Adolescent Health & Medicine & the American Academy of Pediatrics)Slide30

Evolving ChallengeIncreased number of individuals with Medicaid and commercial insuranceIncreased number of young adults >

age 18 covered on parents’ plans

Significant potential for confidentiality breaches in billing & health insurance claims process

Evolving protections at state level build on HIPAA Privacy Rule, face challenges

Center for Adolescent Health & the LawSlide31

HIPAA Privacy Rule: Special ProtectionsRequest for restrictions on disclosure of protected health information

Request for communication by alternate means or at alternate locations

Center for Adolescent Health & the LawSlide32

Disclosure RequirementsFederal lawHIPAA Privacy Rule: disclosures allowed for treatment,

payment

, & health care operations

ERISA & ACA: notice of

denials

of claims &

adverse benefit determinations

Medicaid does not require EOBs

State

law

Types of communications: EOBs, denials, & others

Recipients of communications: policyholder, beneficiary & other

Content of communications; provider, type of service, & other

I

nsurers’ policies & practices

Center for Adolescent Health & the LawSlide33

Position statements in briefHCPs should be able to deliver confidential health services to adolescents/young adults covered as dependents on family insurance

Policies and procedures should be established to ensure that health care billing and insurance claim processes such as EOB notifications do not impede confidential servicesSlide34

Patient PortalsWho has access?

Parent/parent/substitute?

Minor?

Both?

What do laws say about who should have access?

Sometimes parent (if treated as minor’s personal representative under HIPAA)

Sometimes minor (if treated as individual under HIPAA)

Could be both (it depends)Slide35
Slide36

HIPAA Security RuleApplies if texts contain protected health informationAll ePHI

must be protected by technical, physical, and administrative safeguards

Cannot address this issue with an authorization form – need a policy that satisfies security rule’s requirementsSlide37

Template policyConduct a security risk analysis before adopting policy

Customize policy to your agency

Train workforce before implementing policySlide38

Contact InformationJill Moore

UNC School of Government

919-966-4442

moore@sog.unc.edu