May 1, 2024 | Glendale
8:00 a.m. – 4:00 p.m., PT
Hilton Glendale Los Angeles North
100 West Glenoaks Boulevard
Glendale, CA 91202
Basics of Informed Consent – April 16, 2024 – 55 min
The Consent Law Seminar will feature a brief discussion of consent basics while the bulk of the program focuses on more complex issues and how to mitigate risk in complicated situations. This video thoroughly covers the basics of consent – it is a sound, concise resource for newer risk managers and privacy officers and encouraged viewing in advance of the seminar.
8:00 – 8:55 am | Check in and Continental Breakfast
8:55 – 9:00 am | Welcome and Opening Remarks
9:00 – 9:15 am | Brief Basics of Consent
Every competent adult has a fundamental right of self-determination over their body. This foundational premise will guide this speedy session providing a framework for consent decisions and the challenging issues to be tackled throughout the seminar.
9:15 – 10:00 am | Minors’ Consent
It is generally accepted that, until their children reach 18 years of age, parents and guardians have the right to control minors’ care. However, exceptions to this rule exist, including exceptions based on the status of the minor (married, emancipated, etc.) as well as the nature of the treatment sought (pregnancy-related care, mental health treatment). This session will dive into these exceptions, including minors’ consent issues related to substance abuse treatment, reproductive health, and gender-affirming care.
10:00- 10:30 am | Legislative Update
Health care was top of mind for the California legislature in 2023. This session will cover legislation recently effective or going into effect soon that impact hospitals throughout California, including new laws addressing ambulance offload delays, abortion privacy, the definition of “gravely disabled,” SNF informed consent, elder abuse, psychiatric advance directives, cannabis, and physician assistant abortion scope of practice and training.
10:30 – 10:45 am | Break
10:45 – 11:15 am | Privacy
California and federal privacy laws seek to protect an individual’s health care information. This session will give a high-level overview of key privacy laws, illustrating the complementary nature of one’s right to privacy and the right to self-determination over their body.
11:15 – 12:15 | Reproductive Health
Almost two years following the Supreme Court’s decision in Dobbs, this session will cover the impact of Dobbs on access to reproductive health care in California and nationally. Specifically, this session will dive into issues regarding emergency reproductive health care and EMTALA, access to abortion medication, and providers’ conscience protections. This session is not one to miss, as we will be previewing the impending Supreme Court decisions involving EMTALA preemption and access to mifepristone.
12:15 – 1:15 pm | Hosted Luncheon
1:15 – 2:15 pm | Behavioral Health
Some of the trickiest consent questions come up in the context of patients with mental health disorders and the provision of behavioral health services. This session will dive into consent-specific issues such as the use of restraints, administration of antipsychotic medication, and Riese petitions, and discuss new laws related to due process protections and involuntary holds under the Lanterman-Petris-Short Act (i.e., AB 2275). Depending on the outcome of the March election, we’ll also touch on Proposition 1 and what that might mean for community behavioral health going forward.
2:15 – 3:00 pm | Scenes from the Field, Part 1 | Presentation not available.
Action! “The following story is fictional and does not depict any actual person or event.” Without disclosing any PHI (or attorney confidentiality), this session will present real-life situations that pose challenging consent decisions and create operational obstacles. These sessions will be interactive and exhilarating. Hang on for the ride, as this session will be “Kenough.”
3:00 – 3:15 pm | Break
3:15 – 4:00 pm | Scenes from the Field, Part 2 | Presentation not available.
Action! “The following story is fictional and does not depict any actual person or event.” Without disclosing any PHI (or attorney confidentiality), this session will present real-life situations that pose challenging consent decisions and create operational obstacles. These sessions will be interactive and exhilarating. Hang on for the ride, as this session will be “Kenough.”
Alicia Macklin, Esq.
Partner
Hooper, Lundy & Bookman PC
Ms. Macklin is a trusted advisor to a range of inpatient and outpatient behavioral health care providers, along with hospitals and health systems. She has counseled many of California’s hospitals on unsettled areas of law, with an emphasis on compliance with the Emergency Medical Treatment and Labor Act (EMTALA). Her work with providers includes advising on licensing and accreditation, Medicare and Medi-Cal reimbursement, federal and state privacy and confidentiality requirements, and operational issues. She also helps California providers navigate voluntary and involuntary treatment under the Lanterman-Petris-Short Act (LPS Act).
Julia B. Michael
Senior Managing Counsel
Kaiser Foundation Hospitals / Health Plan
Julia Michael is senior managing counsel for Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals. Julia is accountable for providing reliable, practical, and effective legal advice to Kaiser hospital and care delivery leaders in California, Hawaii and Georgia. Julia provides day-to-day legal support on operational, business, and regulatory issues including issues related to consent, EMTALA, privacy, medical staff, credentialing, quality, regulatory reporting, psychiatric and behavioral health care. Julia also provides legal support to Kaiser’s national leadership on issues related to reproductive health and gender-affirming care, complex patient discharges and workplace safety.