When summers end, parents are busy getting their children ready for school. If you have college-age kids like I do, you have more to think about than going to the pediatrician and getting the necessary school supplies at Target or Staples (don’t you miss the days of washable markers instead of textbooks that cost hundreds of dollars?).
Most college freshmen are either 18 years old or are fast approaching that magical milestone.
We all want our children’s college years to be filled with continued intellectual and social growth. We are also well aware that although our children are on the cusp of adulthood, they can (and often do) still require a good deal of guidance from their parents.
We want to give our college-age children enough independence to continue to grow and mature, but we recognize that there are many aspects of life where they still need us. This could not be truer than when our children become sick or are injured while away at college and require medical attention.
Supporting your Child in a Medical Emergency When They are Away at College
Accidents are the leading cause of death for young adults, and a quarter-million Americans between 18 and 25 are hospitalized with non-lethal injuries each year. We pride ourselves as good parents and know that we will drop everything in a time of need and be there for our children.
However, suppose your child becomes ill or is injured while away at college, and they are 18 years of age or older. In that case, you may find yourself in the dark and unable to obtain the necessary information about your child’s condition or give guidance on their care. That is a terrifying thought to any parent!
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical records. The moment your child turns 18, you no longer have access to their medical information. Fortunately, your child can complete a few simple forms that will permit healthcare providers to share information with you and include you in the critical medical treatment decision-making process. Of course, this is something you need to discuss with your child. Depending on the healthcare provider, your child can also share certain types of information with you while keeping other information confidential.
Forms Children Can Complete to Allow Healthcare Providers to Share Information with Parents
(1) A HIPAA Authorization Form
A signed HIPAA authorization form allows healthcare providers to disclose health information to anyone the individual specifies. A generic HIPAA authorization form can be found online, at your doctor’s office, or on many college websites.
These forms do not need to be notarized. They typically include a section where the student can specify what information they do not want to be disclosed (for example, mental health, sexual health, drug use, etc.). The forms can also include an end date for the permissions. Both you and your child should keep hard copies of the HIPAA forms and store scans on your computer and mobile phone.
If you have a copy of the HIPAA form, it will be extremely helpful, especially if your child is in a new hospital for the first time or under the care of a doctor they have not seen before, as there would not be a form on file in that office or hospital yet. If, God forbid, your child was injured in a car crash, for example, and taken to the nearest hospital, they may not have had a chance to complete any forms yet. A pre-completed HIPAA form may allow you to get more information and get in touch much sooner.
The well-being of a patient does trump HIPAA, so sometimes, if a patient is unable to communicate, doctors can use their judgment about sharing information with family members who are present. Of course, this means you actually have to be there, which could be problematic if your child is at a university in another state or across the country.
A phone call to the Emergency Room may be handled differently. The person answering may not be willing to share information or may not even be able to confirm that your child is a patient at the hospital. That can cost valuable time in a crisis situation, and a HIPAA authorization form could help.
(2) A Healthcare Proxy Form
A healthcare proxy is a person who is authorized to make medical decisions if a person is unable to communicate their wishes. A healthcare proxy is often called an agent, representative, or surrogate.
Your child can sign a medical healthcare proxy form to appoint you as an agent to make medical decisions on their behalf in case they are incapacitated and can’t make decisions for themselves. Each state has unique laws governing medical healthcare proxies and, therefore, different legal forms. You can find the form to appoint a healthcare proxy in Massachusetts by clicking here.
(3) Power of Attorney
As an additional step, a student over 18 years old should consider appointing a durable power of attorney, enabling a parent or other designated agent to take care of business on their behalf.
If the student becomes incapacitated due to an injury or illness, or if they are studying abroad, the parent or other agent would be able to act on their child’s behalf to conduct any transaction that the student would have had the power to engage in if the incapacity did not exist. Some examples include signing tax returns, accessing bank accounts, and paying bills. These forms vary by state, and you should consult an attorney before signing a Power of Attorney as they give the agent broad powers.
We hope your child safely enjoys and benefits from the college experience to the fullest. However, if your child does become ill or is injured while away at school, you and your child will be glad that you took the time to sign and save these documents to ensure that you can do what every parent wants to do when their child is in need: be there to help.
Essential Documents Your Child Should Have
In addition to the above forms and power of attorney, there are a few documents that you and your child should have a copy of.
Make sure your child has their health insurance information, a list of emergency contacts, and anything else they may need in the event they need to seek medical care. For example, this could include a list of medical history and allergy information, as well as a list of current medications. You should also keep a photocopy of this information and store it digitally.
Check in with your child each semester to ensure that all the information you have is current.
Emergency Plan
While no parent or child wants to face the anxiety of thinking of an emergency while away at college, it can help to discuss an emergency plan with your child ahead of time. This is especially important if your child is far away from home.
Your emergency plan can include anything important to you and your child. It may consist of completing a HIPAA authorization form, a health proxy form, and establishing a power of attorney. You can discuss what your child should do in the event of an emergency, such as calling 911, going to the nearest hospital, contacting parents or another emergency contact immediately. Ask your child if they have any specific concerns, and take the opportunity to discuss any concerns you may have as well as solutions or ways you can approach situations together.
Discussing emergency plans for different situations can be helpful, especially for your child, in the event they are in a new situation and are unsure what to do and might not be able to get in touch with you immediately. It may be helpful to look into the resources available at their university, such as campus police or on-campus health and mental health services available.
If you are able and comfortable doing so, getting an emergency credit card for your child may also be something you can consider and discuss with your child.
Was Your Child Injured at a Massachusetts University? Contact Us for a Free Consultation
There are a number of ways your child could be hurt while away at college (as a parent, you already know this because you’ve thought about it).
Depending on how your child was injured, Spada Law Group may be able to help your child seek justice and compensation for their injuries. As an award-winning personal injury firm with three offices in Massachusetts, we are ready to help in any way we can.
Give us a call if your child was hurt in a car accident, as a pedestrian, by a dog (yes, even if it was their roommate’s), injured in a slip and fall accident, or even in a Lyft or Uber. University or landlord maintenance issues can also sometimes lead to injuries, such as issues with hot water heaters, or not adequately clearing the sidewalks of all snow and ice.
If your child was hurt while away at school in Massachusetts, give us a call to see if we can help. Your child may have rights and may be able to get compensation for medical bills, pain and suffering, and more.
Over the last three decades, we’ve helped thousands of people in Massachusetts get the recovery they need, whether injured in a car accident or otherwise suffered a personal injury. Recently, Boston Magazine named Attorney Spada one of Boston’s Top Personal Injury Lawyers. As personal injury lawyers, you never pay us a penny until we win your case. We’re here and ready to help.
We have three offices but proudly serve the entire state with the ability to meet with you and your child remotely from the comfort of your own home. Contact us for a free consultation so we can learn more about your child’s injuries and see how we can help them get the recovery they deserve.
