Transcript Document

Objectives
 Review federal statutes (HIPAA, FERPA)
 Discuss state guidelines
 Review local procedures
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Health Insurance Portability &
Accountability Act (1996)
 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.
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Law Enforcement Exceptions to
HIPAA (45 CFR 164.512)
 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
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Family Educational Rights and
Privacy Act
 FERPA protects the privacy of student
education records.
 Generally, schools need written permission
from parents to release information.
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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)
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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)
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Federal Drug & Alcohol Regulations
(42CFR Chapter 2)
Exceptions that allow disclosure without first
obtaining signed authorization:
 A court order accompanied by a
subpoena
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Voluntarily Seeking Help
 With parental involvement
 Without parental knowledge
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Involuntary Outpatient Commitment
 Insert your state’s issues, if applicable.
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Emergency/Involuntary Transport of
Youth
 Insert your state’s issues, if applicable.
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Other Procedures to Bring Youth
to a Treatment Facility
 Insert your state’s procedures, if applicable.
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Psychiatric Hospital Admissions
of Youth
 Voluntary
 Involuntary
Definition of “minor” for purposes
of hospitalization:
 Insert your state’s definition.
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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
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