News & Analysis as of

Drug & Alcohol Abuse

How Much Can I Prescribe? Delaware and New Jersey Enact Stricter Opiate Prescribing Laws

by Fox Rothschild LLP on

Beginning April 1, 2017, the regulations regarding opiate prescribing will be changing. A Delaware healthcare practitioner will only be able to prescribe initial opioid prescriptions for acute pain episodes for up to seven...more

Mandatory Disclosure of Prescription Drug Use May Violate ADA

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Medicaid’s Role in the Delivery and Payment of Substance Use Disorder Services in Montana

The State of Montana is grappling with a serious and growing public health problem in substance use disorders (SUDs)—including alcoholism, methamphetamine use and opioid abuse and overdose—as well as the related, profound...more

Health Alert (Australia) March 27, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 21 March 2017 - Hicks v Mater Misericordiae Ltd [2017] QSC 38 - The applicant brought proceedings against the respondents...more

ADA and Batman - by Robin

by FordHarrison on

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the...more

SAMHSA Issues Final Rule Modernizing Confidentiality Requirements for Patients Receiving Substance Use Disorder Treatment

by Snell & Wilmer on

Last month, the U.S. Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient...more

Health Alert (Australia) February 20, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 February 2017 - Govier v Unitingcare Community [2017] QCA 12 - EMPLOYMENT LAW – LIABILITY AT COMMON LAW FOR INJURY –...more

What's "Hidden" in the 21st Century Cures Act for Health Care Entities

by Nilan Johnson Lewis PA on

The 21st Century Cures Act (Cures) was signed into law December 13, 2016. While the primary focus of the 996-page Act centered on biomedical innovation, several components of Cures have significant implications for health...more

Confidentiality of Alcohol and Drug Abuse Patient Records - Final Rule Revising Regulations

by Ruder Ware on

The Department of Health and Human Services (HHS) has released a final rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations effective February 17, 2017. ...more

42 C.F.R. Part 2 Final Rule Is Officially Delayed … Can Comments to HHS and OMB Fix It?

by Davis Wright Tremaine LLP on

On January 18, 2017, the U.S. Department of Health and Human Services (HHS) published a final rule amending the Confidentiality of Substance Use Disorder Patient Records rule at 42 C.F.R. Part 2. Yesterday, HHS delayed the...more

The Critical Role of Telemedicine in the Addiction Crisis

by Cozen O'Connor on

Telemedicine is now mainstream. Surprisingly, however, one area in which telemedicine has not been used to its fullest capability is drug addiction treatment. As you are aware, the country is in the midst of an addiction...more

Substance Abuse and Mental Health Services Administration (SAMHSA) Issues Confidentiality of Alcohol and Drug Abuse Patient...

by King & Spalding on

On January 13, 2017, SAMHSA issued a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2). SAMHSA also issued a Supplemental Proposed Rule requesting comments on...more

New Hampshire Finalizes Opioid Prescribing Rules

by Foley & Lardner LLP on

New Hampshire is starting 2017 with stepped-up efforts to manage its oft-described opioid epidemic. Though the most recent regulations are directed at individual prescribers, and do not apply to the administration of opioids...more

HHS Modifies Drug and Alcohol Abuse Confidentiality Regulations, Proposes Additional Revisions

by Bass, Berry & Sims PLC on

On January 18, 2017, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) released a final rule (the Final Rule) modifying the federal regulations governing the...more

Health Alert (Australia) January 23, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 13 January 2017 - Selia v Commonwealth of Australia [2017] FCA 7 - ADMINISTRATIVE LAW -...more

SAMHSA Issues Final Rule for Update to Part 2

The Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule updating proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (also known as 42 CFR Part 2...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

by Littler on

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

by Littler on

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying...more

Have Yourself a Safe, Undistracted, and Accident Free Holiday

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace...more

CMS Plans “Listening Session” on Part D Drug Management Programs under CARA (Nov. 14)

by Reed Smith on

CMS is hosting a November 14, 2016 “listening session” to obtain stakeholder input on implementation of section 704 of the Comprehensive Addiction and Recovery Act of 2016 (CARA), Under this provision, Medicare Part D...more

The Changing Landscape of the Fight Against Opioid and Heroin Addiction and the Availability of Naloxone

by Dorsey & Whitney LLP on

In recent months, the Obama administration and many health and pharmaceutical players at the state and local levels have focused their attention on the national opioid epidemic. Based on recent findings from the National...more

Employers Better Sober Up: The EEOC Is Targeting Prescription Drug Testing Policies

While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more

You Should Know - October 2016

“You Should Know” Risk and Prevention Guide - Opiate Drug Abuse, Deaths Soar Along with Drug Company Profits - In April, musician and icon Prince died in his home from an accidental overdose of the prescription...more

Worth Another Look: Joint Session on Opioid Addiction

“But in Pennsylvania, the problem is visible—in the lives lost. The families broken. The communities shaken.” – Gov. Tom Wolf to a Joint Session of the General Assembly, September 28, 2016. Gov. Tom Wolf addressed a...more

Ugly details emerge on how Big Pharma fueled painkiller scourge

New information has surfaced about Big Pharma’s relentless campaign to sell the public on prescription, opioid painkillers-powerful, addictive drugs whose wide availability and abuse now has become a killer scourge that...more

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