Q. V.1 If a youth is under 18, does he/she need
parental permission for routine medical care?
Q. V.2 Who is
responsible for paying the medical costs? If a parent
has medical insurance for a child, can a program use
that insurance on behalf of the child even if the
parent will not cooperate?
Q. V.3 If a
youth is residing in a certified Host Home (also
known as Volunteer Interim Family or VIF), does
he/she need written parental consent in order to
receive medical care?
Q. V.4 Can a
therapist withhold information about a child's drug
use from the child's parents?
Q. V.5 Does a
child need parental permission to access
gynecological or contraceptive services?
Q. V.6 If a
youth who is residing in an independent living
program refuses to see a doctor, is the program under
any obligation? Could the program be held liable for
failing to obtain the necessary medical care?
Q. V.7 If a 13
year old girl has an abortion without her parent's
knowledge, can this information remain confidential?
Q. V.8 What is
the responsibility of the mental health care system
towards youth in runaway/homeless shelters? (Many
more youth in the programs are on psychiatric
medications and/or have been released from
institutionalized settings.)
Q. V.1 If a youth is under 18, does he/she need
parental permission for routine medical care?
A. In most
cases, parental consent is required to obtain
routine medical care for a minor.
However,
research (to date), did not reveal any cases in
which a physician was held liable for treatment
that benefited the minor where the minor gave
his/her "informed consent." In order
for a minor to give "informed consent,"
the physician should take into account:
- the
age of the patient,
- the
patient's maturity,
- the
ability of the minor to understand the
information being shared.
In the
case of a medical emergency, where a delay can
lead to complications, a physician has the
obligation to treat the minor even in the absence
of parental consent.
A minor
may not give consent for most elective
procedures.
Also see
Section I.2.
Q. V.2 Who is
responsible for paying the medical costs? If a parent
has medical insurance for a child, can a program use
that insurance on behalf of the child even if the
parent will not cooperate?
A. A young
person, over the age of 16, who is not living
with his/her parents, has no medical insurance,
and is either a citizen or a lawful resident
alien can apply for Medicaid. Anyone receiving
SSI or public assistance is automatically
eligible for Medicaid.
Minors who
consent to their own health care may be held
responsible for the payment of that care.
However, based on the legal obligation of a
parent to support a child, if the child is living
with a parent, the parent will be held liable for
the cost of medical care, even if the parent did
not give permission for the treatment. In the
case of emergency treatment, parents are
generally held responsible for payment.
When
trying to access third party reimbursement (i.e.
health insurance) for a minor covered under a
family policy, the young person should be made
aware that his/her confidentiality may not be
maintained as forms often need to be signed by
the policy holder, and the policy holder may
receive a notice which includes a listing of the
treatment/procedures for which the physician is
claiming payment.
Q. V.3 If a
youth is residing in a certified Host Home (also
known as Volunteer Interim Family or VIF), does
he/she need written parental consent in order to
receive medical care?
A. The
need to obtain parental consent for medical
treatment is unaffected by where the child is
living.
See V.1
and V.2.
Q. V.4 Can a
therapist withhold information about a child's drug
use from the child's parents?
A. A
therapist may not inform the parents about a
minor's drug use under federal law, which
contains strict confidentiality rules in cases
where alcohol or drugs are involved. (21 USC
1175)
Q. V.5 Does a
child need parental permission to access
gynecological or contraceptive services?
A. A youth
can get family planning services, including
gynecological services and contraception, without
parental consent at public health facilities and
programs receiving federal family planning funds.
There are two federal laws which protect
confidentiality in the provision of family
planning services: Title X of the Public Heath
Service Act and Title XX of the Social Security
Act.
When a
girl is pregnant, she can get
medical/dental/health and hospital services
(including gynecological services) related to her
pregnancy without parental consent (Public Health
Law 2504(3)).
Q. V.6 If a
youth who is residing in an independent living
program refuses to see a doctor, is the program under
any obligation? Could the program be held liable for
failing to obtain the necessary medical care?
A. The
answer to the question depends on the nature of
the duty the program has to the young person.
Whether such a duty exists may depend upon the
age of the young person and the nature of the
medical problem. There are no cases on point. If
you have specific questions, you need to seek
legal advice. However, in the case of a medical
emergency, medical care should be obtained
immediately.
Q. V.7 If a 13
year old girl has an abortion without her parent's
knowledge, can this information remain confidential?
A. A minor
can give "informed consent" for an
abortion, whether or not that minor lives at home
or on her own. There is no parental notification
requirement under New York law. The information
would remain confidential.
Q. V.8 What is
the responsibility of the mental health care system
towards youth in runaway/homeless shelters? (Many
more youth in the programs are on psychiatric
medication and/or have been released from
institutionalized settings.)
A. Mental
health facilities may provide care to minors
without parental consent upon its determination
that it would not be in the minor's best interest
to seek such consent.
