Health Law Pulse - January 2015

In This Issue:

- Connecticut Supreme Court Rules State Does Not Recognize Mature Minor Doctrine

- OIG Issues Advisory Opinion Permitting Copayment Assistance

- CMS Announces Recovery Audit Program Changes and Expansion

- OIG Seeks Recommendations for New Anti-Kickback Safe Harbors and Special Fraud Alerts

Excerpt from Connecticut Supreme Court Rules State Does Not Recognize Mature Minor Doctrine:

The Connecticut Supreme Court ruled on January 8, 2015, that a 17-year old girl may not make her own medical decisions because Connecticut does not recognize the so-called “mature minor” doctrine. The mature minor doctrine is recognized in less than a quarter of U.S. states and allows a minor to make her own medical decisions if she can demonstrate the maturity to make such a decision. In the case before the Connecticut Supreme Court, the 17-year old girl, identified as “Cassandra C.,” sought an injunction to prevent the Department of Children and Families, which has custody of Cassandra, from administering chemotherapy to treat her Hodgkin’s lymphoma. Cassandra argued that even though she is a minor, the mature minor doctrine permits her to make decisions regarding her health care. The Connecticut Supreme Court’s ruling makes clear that Connecticut does not recognize the mature minor doctrine. Thus, in Connecticut, only a parent or legal guardian can make health care decisions for a minor.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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