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Transition Policy for Care of Transition Age Patients

Learn about the important elements of a transition policy for adolescent patients, including staff education, legal changes, patient discussions, and written policies.

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Transition Policy for Care of Transition Age Patients

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  1. Legal Issues Related to Care of Transition Age Patients Chuck Crews Crews Law Offices 215 Batesville Road, Suite C Simpsonville, SC 29681 864-675-9581 Chuck@CrewsLaw.us www.CrewsLawOffices.com

  2. TRANSITION POLICY Transition Policy is the first element of the Six Core Elements of Health Care Transition Medical providers should have a well-defined, written policy that clearly states the expectatons for health care transition of adolescent patients to adult model of care

  3. TRANSITION POLICY A practice’s Transition Policy should include the following: - Education of staff about the practice’s approach to transition

  4. TRANSITION POLICY A practice’s Transition Policy should include the following: - Education of staff about the practice’s approach to transition - Explanation of legal changes regarding patient privacy and consent

  5. TRANSITION POLICY A practice’s Transition Policy should include the following: - Education of staff about the practice’s approach to transition - Explanation of legal changes regarding patient privacy and consent - Discussions with patients and parents concerning transition

  6. TRANSITION POLICY A practice’s Transition Policy should include the following: - Education of staff about the practice’s approach to transition - Explanation of legal changes regarding patient privacy and consent - Discussions with patients and parents concerning transition - Written policy posted for all to see

  7. TRANSITION POLICY Set expectations of the patient and the patient’s parents or guardian

  8. TRANSITION POLICY Set expectations of the patient and the patient’s parents or guardian Document the patient file!!!

  9. AGE OF MAJORITY The age at which a person is considered an adult capable of making their own decisions, including medical care Age is 18 in most states, including SC Exceptions are Alabama (19), Nebraska (19), Washington, D.C. (21) and Mississippi (21)

  10. COMMON ISSUES IN TRANSITION Privacy

  11. COMMON ISSUES IN TRANSITION Privacy Informed consent

  12. COMMON ISSUES IN TRANSITION Privacy Informed consent Guardianship/Conservatorship

  13. COMMON ISSUES IN TRANSITION Privacy Informed consent Guardianship/Conservatorship SSI Benefits

  14. COMMON ISSUES IN TRANSITION Privacy Informed consent Guardianship/Conservatorship SSI Benefits Special Needs Trusts

  15. PRIVACY HIPAA rules apply just as with any other patient

  16. PRIVACY HIPAA rules apply just as with any other patient • Patient is entitled to a copy of their records

  17. PRIVACY HIPAA rules apply just as with any other patient • Patient is entitled to a copy of their records • Patient has right to have errors in records corrected

  18. PRIVACY HIPAA rules apply just as with any other patient • Patient is entitled to a copy of their records • Patient has right to have errors in records corrected - Patient has right to know who has seen records

  19. PRIVACY SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCES

  20. PRIVACY SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCES • Patient consents

  21. PRIVACY SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCES • Patient consents • Patient present and fails to object

  22. PRIVACY SHARE MEDICAL INFORMATION OF PATIENT ONLY UNDER LIMITED CIRCUMSTANCES • Patient consents • Patient present and fails to object • Professional judgment

  23. INFORMED CONSENT • Patient fully able to understand the nature of the proposed treatment, including the benefits and risks

  24. INFORMED CONSENT • Patient fully able to understand the nature of the proposed treatment, including the benefits and risks • Provider must have accurate information about patient’s independent decision-making status

  25. GUARDIANSHIP/CONSERVATORSHIP PROCESS

  26. GUARDIANSHIP/CONSERVATORSHIP PROCESS - File petition with Court

  27. GUARDIANSHIP/CONSERVATORSHIP PROCESS • File petition with Court • Court appoints physicians, GAL, Visitor

  28. GUARDIANSHIP/CONSERVATORSHIP PROCESS • File petition with Court • Court appoints physicians, GAL, Visitor • Hearing

  29. GUARDIANSHIP/CONSERVATORSHIP PROCESS • File petition with Court • Court appoints physicians, GAL, Visitor • Hearing • Appointment

  30. GUARDIANSHIP/CONSERVATORSHIP OTHER REQUIREMENTS - Bonding

  31. GUARDIANSHIP/CONSERVATORSHIP OTHER REQUIREMENTS - Bonding - Annual report

  32. Cessation of benefits beyond age 18 is common SSI BENEFITS

  33. SSI BENEFITS Cessation of benefits beyond age 18 is common - Ensure medical record fully documents any disability

  34. SSI BENEFITS Cessation of benefits beyond age 18 is common • Ensure medical record fully documents any disability • Advise patient and guardian to seek legal assistance

  35. SPECIAL NEEDS TRUSTS WHAT IS IT? A legal arrangement and fiduciary relationship that allows a physically or mentally disabled or chronically ill person to receive income without reducing their eligibility for the public assistance disability benefits provided by Social Security, Supplemental Security Income, Medicare or Medicaid.

  36. SPECIAL NEEDS TRUSTS HOW DOES IT WORK? Trustee manages funds for benefit of disabled person and uses funds for the beneficiary’s benefit AT DISCRETION OF THE TRUSTEE

  37. SPECIAL NEEDS TRUSTS CAN BE USED FOR - Personal care attendants

  38. SPECIAL NEEDS TRUSTS CAN BE USED FOR - Personal care attendants - Education

  39. SPECIAL NEEDS TRUSTS CAN BE USED FOR - Personal care attendants - Education - Recreation

  40. SPECIAL NEEDS TRUSTS GET LEGAL ASSISTANCE

  41. QUESTIONS?

  42. Chuck Crews Crews Law Offices 215 Batesville Road, Suite C Simpsonville SC 29651 (864) 675-9581 Website: CrewsLawOffices.com E-Mail: Chuck@CrewsLaw.us

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