Wiki Specific consent needed for depression screening during wellness visit?

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SarahSee1114

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Patient is claiming she didn't give express consent for a depression screening to be performed along with her wellness visit. Office is willing to remove the charge, but she's challenging that still it was improper to perform this without consent and didn't realize what she was being asked at the time. She signed the usual consent for treatment stating that she consents to all treatments and medical services deemed advisable by the physicians. I can't find anything more definitive as far as online guidance for billing. Thoughts? Thanks!
 
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To me, specific consents are for office procedures (biopsy, suture, chemotherapy or a treatment - basically stuff with risk) or surgeries, not for questions that were asked and she answered. If the physician asked about her tobacco use and then counseled for tobacco cessation, I've never seen anyone need a consent for that. Did you get express consent to take her blood pressure? What about her temperature? Did you get express consent before she got on your scale? I'm not an attorney, but your general consent seems more than sufficient here.
 
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I agree. I'm not an attorney, but I'm 99% sure that one would tell you that you don't need a separate consent for this. Consent is normally for treatment or procedures, not evaluation. And even so, if the patient is answering the questions in the screening, then she is giving what's called 'implied consent' - in other words, the patient's actions reflect that they are consenting to and cooperating what is being done - there is no basis for claiming that this was anything improper.

A covered screening should be paid at 100% by the insurance so this should not affect the patient in any way. It sounds like she's just being difficult. The office should not be required to remove that charge, but if they choose to do so, I think I'd want to make it clear to the patient that it's being done as a courtesy and not because of the issue of needing a consent.
 
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