Mental Health

News & Analysis as of

Consumer Protection Laws Prohibit Anti-Gay Discrimination?

A recent ruling in a New Jersey consumer fraud case may signal a new strategy for combating some forms anti-gay discrimination. In Ferguson v. JONAH, Judge Peter F. Bariso Jr. prohibited the defendant, a gay-to-straight...more

Washington Healthcare Update

This Week: Energy and Commerce Hearing Examines ICD-10 Preparedness... HHS Announces Oncology Care Model Initiative... Pennsylvania Governor Abandons Alternative Medicaid Expansion Approach for Traditional Plan....more

Week in Review - February 2015

MNsure - In light of issues MNsure has encountered during its first year, Sen. Tony Lourey (D-Kerrick), Senate Health and Human Services Budget Committee Chair, wants more accountability. His bill eliminates the Board...more

ERISA-Disability: 1 in 3 Social Security Administration Disability Determinations Involve Mental Disorder Diagnosis

As you know, ERISA plan administrators must consider Social Security Administration (SSA) disability determinations when making the disability benefit decision. ERISA plan administrators are not bound by the SSA’s...more

Williams Mullen and Local Counsel, Bryan Davis, Win Declaratory Action Against HSD in New Mexico!!

For those of you who follow my blog, you know that the single state agency in New Mexico, Human Services Department (HSD), accused 15 behavioral health care providers, which made up 87% of the mental health care in NM, of...more

Seeking workers’ compensation in Illinois for mental health conditions

Not all employment-related injuries are physical. Stress, violence and other workplace traumas can cause mental health conditions that may render an employee unable to work. Although these injuries may not be as obvious as a...more

Healthcare & Life Sciences Private Equity Deal Tracker: Assurex Health Secures $30 Million in Financing

Assurex, headquartered in Mason, Ohio, is a personalized medicine company specializing in helping physicians determine the right medication for individual patients with behavioral health disorders....more

Social Security Disability is available for certain mental disorders

Mental disorders affects tens of millions of people in the U.S, according to the National Institute of Mental Health. For many Chicago residents, these disorders are highly debilitating. In 2012, over 9.6 million American...more

Mental Health and the Workplace — Accommodations

Depression. Anxiety. Bipolar Disorder. These and similar mental health diagnoses may affect your boss, the CEO of your company, the head of HR, your assistant, two of your peer workers, or maybe even you....more

Coverage and Delivery of Adult Substance Abuse Services in Medicaid Managed Care

Medicaid’s role in purchasing and delivering substance abuse services is changing dramatically. Prior to the implementation of the Affordable Care Act (ACA), most state Medicaid programs did not cover childless adults and...more

Manatt on Medicaid: State Strategies for Integrating Physical and Behavioral Health Services in a Changing Medicaid Environment

Medicaid plays a central role in financing mental health and substance use disorder (SUD) services, accounting for 26 percent of all spending on behavioral health services in this country. Medicaid beneficiaries with...more

Fenwick Employment Brief - September 2014

California Becomes Second State to Mandate Paid Sick Leave - On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more

Mental Health Parity Act: A Litigation Update

The Federal Mental Health Parity and Addiction Equity Act (the “Federal Parity Act”), like many similar state parity laws, mandates that financial requirements (e.g., copayments, coinsurance, or deductibles) and treatment...more

Medicare Increases Coverage of Mental Health Services

Medicare has increased the amount of mental health coverage beneficiaries are entitled to. After years of unequal treatment, Medicare now covers mental health care the same way it covers physical illnesses....more

Legal Pitfalls in the Psychiatrist-Patient Relationship

This article presents a brief outline of potential major legal pitfalls in the psychiatrist-patient relationship. Terminating the psychiatrist-patient relationship. This legal pitfall in psychiatric practice...more

Failure to Cover Applied Behavior Analysis for Autism Spectrum Disorder Violates Federal Mental Health Parity Law

Parents have searched for effective therapies for children with autism spectrum disorder. One therapy that has shown promise, at least for some children, is applied behavior analysis (“ABA”), which is an intensive behavioral...more

Fourth Circuit Says University President has Broad Authority to Require Medical Examinations Under ADA

The Americans with Disabilities Act prohibits employers from requiring employees to submit to medical examinations in the absence of business necessity. In an unpublished decision released last month, the Fourth Circuit Court...more

New OHRC Policy Provides Practical Guidance to Employers

It is estimated that one in five Canadians will experience a mental health disability or addiction in their lifetime. In light of this staggering statistic, employers are often faced with the challenging task of identifying...more

Coming Soon To A (Computer) Screen Near You: Your Doctor

Both wellness visits and behavioral health visits would be added to the list of Medicare-covered telemedicine services. And it’s not just follow-up wellness visits that would be covered. Even initial visits qualify,...more

New York State Attorney Gives Insight Into Potential Federal Government Enforcement of New Mental Health Parity Regulations

New York’s Attorney General recently began pursuing claims against insurers demonstrating an expansive view of New York’s Mental Health Law, known as “Timothy’s Law.” The law was enacted to address a situation where a minor...more

Alabama SHCC Update - May 2014

The Statewide Health Coordinating Council (the “SHCC”) held a meeting on May 9, 2014, at 10:00 a.m. The following is a summary of the proceedings. - I. Report from Hospital Committee The SHCC voted to adopt the...more

Treating Mental Illness? Special Privacy Considerations Apply to Healthcare Providers

Decisions and unresolved questions about when and how to share information about mental illness treatment continue to make headlines. A variety of groups, including health care providers, law enforcement and mental health...more

FMLA FAQ: Can An Employer Force An Employee On FMLA Leave When The Employee Wants To Continue To Work?

Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. ...more

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

OCR Clarifies Permitted Disclosures, Including Mental Health Care

The disclosure of mental health records and other disclosure-related issues tends to be less than clear for providers in their efforts to comply with the federal privacy rules. Such issues relate to appropriate disclosures to...more

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