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 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
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
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
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 In an unpublished decision released last month, the Fourth Circuit Court...more
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
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’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
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
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
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
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
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
On January 9, 2014, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the “Departments”) issued additional health care reform guidance in the form of Frequently Asked Questions...more
Constitutional cases usually have implications that go beyond the immediate dispute between the parties. Appeals in such cases thus frequently attract the interest of interveners. But when can an intervener truly add a new...more
The HHS Office for Civil Rights issued guidance in question-and-answer format clarifying when a provider may release information regarding a patient’s mental health to family members, friends, law enforcement, and others. The...more
Overview: Welfare and Institutions Code section 8102 requires a law enforcement agency to confiscate all firearms or other deadly weapons owned or controlled by someone who has been placed on a mental health hold under...more
The U.S. Department of Health and Human Services (“HHS”) recently issued new guidance clarifying how the HIPAA Privacy Rule strikes the balance of protecting individuals’ privacy of mental health information and communicating...more
The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share...more
Knowing how to address the needs of employees with caregiving responsibilities can be complicated. It becomes even more challenging when an employee's parent or child becomes so seriously ill that the employee requests a...more
Recent guidance clarifies important issues under the Affordable Care Act, including mental health parity requirements; coverage of preventive care services; cost-sharing requirements; and out-of-pocket maximums, wellness...more
In This Issue:
Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; and Hearings and Mark-Ups Scheduled.
In this family law case, the father sought to compel the examination of the mother by a psychologist pursuant to Florida Rule of Civil Procedure 1.360(a)(1). The trial court granted the motion and the mother filed a petition...more
The administration of justice has a responsibility to protect persons under a legal disability. Such a responsibility serves a dual purpose; to protect that specific individual, and to protect the integrity of the judicial...more
In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients...more
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