HOUSE BILL 705
Helping patients with mental illness by involving a designee.
The Mental Health Patient + Patient-Designated “Family” + Professionals = Ideal Circle of Support
Improving Outcomes & Lowering Cost
Families and loved ones want the best possible outcomes for their ill family members.
Let’s make it easier for you and for them to get positive results quicker.
The Problem: Two federal laws, 42CFR and HIPAA, protect patients’ rights to privacy of their medical
information. The law also permits patients to sign a release specifying information they are willing to share and
with whom. Tragically, federal law does not require a provider to inform patients of their right to sign a release
of information or to offer the release form.
As a result, it happens that involved, supportive, loving families are shut off from their loved one’s treatment
and ongoing needs, for want of offering a simple release form to a patient. A form that every patient, whether
dealing with cancer, heart disease, diabetes, depression or any other illness, has the right to receive.
A release of information is an invaluable tool that gives family, friends or other treatment providers, with a
patient’s consent, the opportunity to provide comfort, support and medically-important history, as well as to
assist in care coordination and discharge planning and 24/7 home care. This defect in the law must be corrected
for Georgia citizens.
It is common knowledge that patients’ recovery is enhanced when they have the assistance and involvement of
informed family members in their treatment and care.
The Solution is Simple: Require that treatment providers give patients a release of information form. A release
form can easily be provided at the same time that a patient is given a copy of federally required provider privacy
policies and responsibilities. A provider who currently offers the information release form would experience no
change. Three states, South Carolina, Tennessee and Minnesota, have already enacted such legislation. It’s time
for Georgia to do the same. This release has the ability to enhance outcomes immediately, lower costs, and save
lives.
Step 1 of “Five Steps to Safer Health Care” promoted by US Department of HHS, American Medical Association
and American Hospital Association reads, “…Take a relative or friend with you to help ask questions and
understand answers.”
What medical provider could object to your Mother, Father, Spouse or other trusted one being offered a form
to exercise their right to authorize a person(s) of their choosing to be involved in their medical and discharge
care?
3180 Presidential Drive • Atlanta, Georgia 30340 • 770-234-0855 • executive@namiga.org
The Consensus: Family/Friend Involvement… Improves Safety & Treatment
US Department of Health and Human Services, American Hospital Association, American Medical Association
promote “Five Steps to Safer Health Care”
Step 1 “Ask questions.. …Take a relative or friend with you to help ask questions and understand
answers.”
Joint Commission “Speak Up” Program
Ask a trusted family member or friend to be your advocate (advisor or supporter).
Consumer’s Report, August 2012 “How Safe is your hospital?”
“Readmission rates…might be higher among hospitals that care for patients with little home or
community support,…” Infections – central-line catheters Ask….and how you or someone caring for you
can monitor these lines.” “Clear communication in hospitals is hard to come by: Almost 500 hospital
earned our lowest score for communications about new medications and discharge plans.”
AARP Bulletin, March 2012 Hospitals May Be the Worst Place to Stay When You're Sick
Plus, how to protect yourself from medical errors
Bring an advocate — a friend or family member — especially for check-in and discharge.
Involve patients and families in the care process.
Staff must involve both the patient and his or her family to develop a treatment plan that is tailored to
the patient’s unique needs. Staff should encourage the patient and family to ask questions throughout
the course of care and provide opportunities for them to participate in care discussions.
US Department of Health and Human Services “20 Tips To Help Prevent Medical Errors”
Ask a family member or friend to go to appointments with you. Even if you do not need help now, you
might need it later.
AMA Improving Communications - Improving Care
Pg. 105 it is within the rights of autonomous persons to share decision-making authority about their
health care with anyone they choose—including their family, doctor, religious leader or simply a friend.
URAC Standard Pg. 124CM 12: The organization establishes and implements policies to promote the
autonomy of consumers and support consumer and family decision making.
What is HB 705 Family Involvement Bill for Mental Health Care, and why should I support?
1. When HB 705 passes, it will require at every visit a treating professional to encourage the individual in
treatment to make a decision about who can be involved in their mental health care and treatment when they
are well and thinking clearly.
2. When HB 705 passes, the individual in treatment will be able to say ahead of time with their treating
professional who is allowed to be involved when and how they wish to be treated if the symptoms return.
3. When HB 705 passes, the individual in treatment designates a family or trusted person who will be included
in the treatment information about their wishes during a time that they may not be able to fully speak for
her/himself .
SOURCE: 7/2007 Albany Area Community Service Board information about a Psychiatric Advanced Directive.
3180 Presidential Drive • Atlanta, Georgia 30340 • 770-234-0855 • executive@namiga.org