Q&A
Operational concerns for implementing the proposed legislation
1:47:55
·
3 min
Council Member Restler and CHS representatives discuss the operational challenges of implementing the proposed legislation, focusing on the process of obtaining authorization to notify emergency contacts and maintaining up-to-date contact information.
- CHS expresses concerns about operationalizing the proposed notification system
- Discussion on challenges with long-term custody and changing relationships of incarcerated individuals
- Council member emphasizes the importance of family notification despite operational challenges
Lincoln Restler
1:47:55
I get that, but I'm asking you what information CHSS is.
1:47:58
I think we're talking in circles, and I think that the record will show that no data has been provided.
1:48:02
So lastly, and then I promise to shut up turners.
1:48:05
I really appreciate that she has to just go a little over.
1:48:08
Our bill under our bill, if you read it, CHS would request authorization to notify emergency contacts during the initial health evaluation.
1:48:18
Do you foresee any issues with that process?
1:48:19
I think that it would address some of the concerns you have about the tailored approach that might be needed to make sure that emergency contacts are appropriately engaged in timely fashion.
1:48:31
Do you think that that would work operationally?
Jeanette Merrill
1:48:34
So we would have concerns about the operations of that.
1:48:36
We do currently, during the medical intake process, seek concerns from patients.
1:48:42
We have a master attorney concern, which enables us to speak with Defense Barr.
1:48:46
We also through Council member of Rivera's bill, the population review bill.
1:48:50
We have a CGI, the Center for Court, Center for Justice Innovation, consent.
1:48:57
And then as an ad hoc basis, we also have other HIPAA consents.
1:49:01
But we are not seeking consents specifically to ask a patient, you know, if you try to commit suicide, if you are seriously injured, that is very specific, and also the consents on file allow us to share information and to communicate with family, but it's not setting up a proactive system.
1:49:18
And it doesn't really lend itself to, I think, the real time notification system that I think the bill envisions.
Bipin Subedi
1:49:24
Can I add something too?
1:49:25
And I think it's when I add that people are in custody for bank bearing length of time.
1:49:30
So someone could have signed a consent when they first came in.
1:49:33
It could be months years since that past.
1:49:35
They may have established new relationships and, you know, identified additional people they'd want notified instead.
1:49:41
So it really wouldn't obviate us from having to reexamine that and ask them again at the time of notification.
1:49:47
And I think that's important because also the nature of the injury, whether we're talking about suicide or if it is a physical injury, that, you know, patients may or may not want some information going to some family members or next of kin.
1:50:01
And so I think all of that needs to be considered when thinking about operationalizing this.
Lincoln Restler
1:50:06
Totally understood.
1:50:08
But I think that if you were to incorporate into the screening process for new detainees, asking those questions, getting affirmation, getting indication that that is indeed what they want, then you have clarity and guidance.
1:50:22
And I understand that things can change over time, but if a person's not able to inform their family members and they have given an authorization and directed the healthcare workers to do so, I don't see why that's complicated.
1:50:34
I think family members deserve to know when somebody is in serious harm's way.
1:50:39
When somebody has suffered a devastating injury.
1:50:42
And, you know, it sounds like there are operational solutions to the challenges you've articulated.
1:50:47
I appreciate for the 110th of 1%, that there and more tailored approach may be needed, but I hope that we could find a path forward for the 99.9% of the cases that have identified.
1:50:56
Thanks so much, dear.
