If You Are Hospitalized During the State of Emergency

by Janet Simpson Benvenuti

The COVID-19 virus has upended all of our lives, none more so than infected family members who need hospitalization. Recently, I asked attorney Alexis Levitt if I could circulate her advice to clients about being hospitalized during this state of emergency. As you know, visitors are not allowed to accompany patients into hospital settings.

Here are her suggestions in how to prepare for that possibility. I’ve added a couple of notations in italics and wrote a separate post about how I prepared my family. As we know, it’s not sufficient to follow this advice; we also need to talk with our family, especially our healthcare agent and financial power of attorney.

From Attorney Levitt,

I hope you are all staying home (unless you are an essential worker). I want to share some important points to keep in mind if you are hospitalized during the state of emergency. These apply whether you are hospitalized for COVID-19 specifically, or for any other reason.

1. Keep your Health Care Proxy, HIPAA Statement, and Medication List at your fingertips.

(a) If you are a client of ours, then we enrolled you in DocuBank. Take five minutes now to update your medication list. (Really. Five minutes. I updated mine recently, it was very easy.) If you do not use DocuBank, print out hard copies and put them into a plastic sleeve or envelope.

(b) Keep copies on your phone. You can save the documents to your Google Drive, you can simply keep them attached to an email, whatever you like, so long as they are accessible to you on your phone.

(c) Keep copies on the back of your front door or on your refrigerator. Many first responders will look in these places for emergency medical papers.

2. Advocate to be coded as “inpatient” rather than “under observation.” If you are in the hospital and then transferred to a rehab, how you were coded at the hospital will make a big difference in payment source for the rehab stay.

3. If you are transferred to rehab and told that you will be paying privately, call us (your attorney). Under the State of Emergency, some of the usual coverage triggers for payment for rehab have changed. Nursing home billing offices could be – quite understandably – overwhelmed and perhaps not updated on the temporary changes. We can help.

4. Call us (your attorney) if you need a guardianship or conservatorship. For anyone who has not signed a health care proxy or a power of attorney, the hospital (or rehab) may tell you that you need a guardian or conservator. This is a court proceeding handled by an attorney.

(a) It’s possible that the hospital or rehab attorney will handle the guardianship and/or conservatorship for you, for free. If that is the case, be sure to check in with them as to who they are naming to act as the guardian or conservator, and, if you are not happy with their choice, advocate for naming someone you prefer.

(b) If the hospital or rehab tells you that you need to find your own attorney (or if you are not comfortable using their attorney), then please call our office. This is something that we can handle for you.

Reprinted with permission.

Campus Alert: You Forgot Something, Mom. The HIPAA Release

eos_yale_firstsession015by Jan Simpson Benvenuti

Whew. What a summer. Your son or daughter is now settled into their dorm, engaged with classes and ready for the year ahead. You’ve celebrated their high school graduation, savored their last summer before college, checked off the list of items for the dorm. You found those extra-long sheets, fresh towels, and a small fan; you met the roommates and unpacked the clothes; you lingered at the door, hesitant, nostalgic, wondering where the years went, praying that you’ve done enough, that the next four years will transform your child from a capable adolescent to a competent young adult.

You’re excited for them, but you’re worried, too. You follow the news. You combed through the Department of Education’s Campus Safety and Security website, noting the number of Criminal Offensives, Rapes, Robberies and Assaults reported on campus for the last three years. You know that freshman and sophomore girls are particularly at risk. You’re aware of the binge drinking statistics, and that the collective IQ of testosterone-laden adolescent males decreases in packs. You’ve heard that 20% of young adults, one in five, will experience mental health issues like anxiety or depression. You know these things, but you also know that you’ll be there for him or her, whatever transpires, just as you’ve supported them for 18 years. In fact, you’re making plans to revisit the campus soon.

But you forgot something. Your child is 18, and at 18 they become legally responsible for their own medical decisions. That’s right. Even their pediatrician, someone you’ve known for 18 years, can no longer disclose their medical information to you. It’s illegal to do so. So if your son is taken to the emergency room or your daughter seeks mental health counseling, the physicians and psychologists have no legal right to discuss their health with you. They may not even contact you.

Fortunately, the solution is a simple one. You don’t need to contact an attorney, just have your teen sign a HIPAA Authorization Form. Reply to this post or send an email to info@colpartners.com. We’ll send you a copy of the form with instructions. Bring it to campus. Have them sign it. Put a copy in University Health Center and keep a copy for yourself. Call this preventive medicine. Hopefully, the accident won’t happen, the call won’t come, they will navigate the college years without incident. But should they need your help, you’ll be able to quickly support them, just as you’ve always done.

c Circle of Life Partners, LLC. All rights reserved.