Patient Confidentiality and Family Rights

Question 1

What is AB-1424?

Answer 1

A law that mandates that info from a family member SHALL be considered when making a decision to 5150 an ill loved one experiencing a mental health crisis.

Question 2

What is a 5150 (involuntary hold)?

Answer 2

Involuntary hold / hospitalization for 72 hours.

Question 3

Is a person on a 5150 required to spend 72 hours on involuntary hold?

Answer 3

No. It means that hospitals have a RIGHT to hold up to 72 hours if deemed medically necessary.

Question 4

What makes a person eligible for a 5150?

Answer 4

Person must be:

• Danger to themselves
• Danger to others
• Gravely disabled

Question 5

What is a 5250?

Answer 5

14-day extension of involuntary hold.

Question 6

When does a 5250 happen?

Answer 6

When psychiatrist sees that 5150’d person continues to meet 5150 criteria at the end of the 72-hour hold.

Question 7

What happens after a 5250?

Answer 7

1. Patient is given copy of extension certification

2. Patient is entitled to AUTOMATIC certification review hearing.

Question 8

What is an (automatic) certification review hearing / Probable Cause Hearing?

Answer 8

It is an informal meeting held at hospital to determine if there is “good cause” to keep someone in the hospital. They will determine if patient still meets 5150 criteria.

A Patients’ Rights Advocate represents the client.

Question 9

What are the two patient outcomes of a Probable Cause Hearing / certification review hearing?

Answer 9

1. If there is good cause: another 14 day extension

2. If there is NO good cause: immediate discharge

Question 10

AB-1424 protects the right of the family to….

Answer 10

…. to provide relevant info to the treatment team in the case of a 5150, whether the patient agrees or not. Release of Confidential Information is not needed. It is an exception from general HIPPA Privacy Laws.

Question 11

What historical info will be considered by initiator of 5150 hold?

Answer 11

1. Info from mental health providers (past/present)

2. Info from family member and/or patient themselves.

Question 12

What happens if a family member gives false info that is used to approve 5150?

Answer 12

Family member is potentially liable to patient in a civil action.

Question 13

What info is considered to determine historical course of person’s mental disorder/illness?

Answer 13

1. Evidence by mental health provider (past/present)
2. Medical and psychiatric records
3. Family member evidence/testimony
4. Patient

Question 14

Whose responsibility is to to present evident BY the family TO the court?

Answer 14

The facility providing treatment to patient.

They must make every reasonable effort to make info, provided by patient’s family, available to the court.

Question 15

What are steps to take if you suspect that a loved one is in a treatment facility?

Answer 15

1. Immediately provide information about your loved one’s history.
2. If you can, go to facility during visiting hours.
3. Ask that your loved one be informed that you are there. Ask if they are willing to see you.
4. Ask for facility’s consent form and have them ask patient to sign.
5. If the loved one doesn’t give authorization, ask to speak with a care provider. It is possible that providers will give general diagnosis or medication info.

Question 16

How does HIPPA privcy law protect a patient?

Answer 16

1. Medical records are confidential.
2. Providers can’t discuss or share info about patient without patient’s consent.
3. A provider MUST obtain the written permission of a person in treatment in order to disclose info to family/friends.
4. Hospital staff are REQUIRED to ask a patient for permission to speak with or see family members at hospital (includes phone call)