Mental Health

News & Analysis as of

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

Short Wins - The "The Victims A Person Is Convicted Of Defrauding Have To Be The Same Ones As The Ones He Was Indicted For...

Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law....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

Employee Benefits Developments - March 2014

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

P.S. v. Ontario: Ontario Court of Appeal Clarifies When Intervention Should be Granted in Constitutional Cases

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

HHS Releases Guidance On Disclosure Of Mental Health Information Under HIPAA

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

Amendments to Welfare & Institutions Code Section 8102 Change Petition and Disposition Procedure

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

Wisconsin State Senate Unanimously Approves Bill To Change Milwaukee County Mental Health System

As previously reported, there have been significant problems with Milwaukee County’s mental health care system. For example, seven patients died at the Milwaukee County Mental Health Complex in 2012 and 2013. Under current...more

Bill To Change Milwaukee County Mental Health Care System Nears Final Vote

The Wisconsin legislature is currently considering a bill that would bring significant changes to Milwaukee County’s troubled mental health care system. Under current law, the Milwaukee County Board oversees the mental health...more

HIPAA and Mental Health Information: HHS Issues HIPAA Guidance Addressing Mental Health Information

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

HHS Issues Guidance on Sharing Mental Health Information

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

“Psychological Care Under FMLA: How Can an Employee Qualify?”

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

Doctor Blames Poor Medical Care For Deaths At The Milwaukee County Mental Health Complex

Brandon Johnson died at the Milwaukee County Mental Health Complex (“the Complex”) in October 2012. Mr. Johnson died due to complications from a broken neck....more

New FAQs Released Regarding Implementation of the Affordable Care Act and Mental Health Parity

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

Health Care Reform Update -- December 16, 2013

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. Excerpt from...more

Two Requirements for Trial Court to Order Mental Evaluation of Party

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

Legal Disability: Court Orders to Protect Parties, the Judicial Process, and Counsel

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

Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

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

Australia: The Coalition’s “policy to help problem gamblers”

The Opposition has released a four part plan which focuses on a national voluntary scheme to tackle problem gambling and help problem gamblers. The four part plan includes...more

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more

Short Wins - Forced Medication And Discovery Issues Edition

There's a great diversity of cases where defendants won in the federal circuit's last week....more

Alabama Statewide Health Coordinating Council Update, May 2013

In This Update: - 1. Statewide Health Coordinating Council’s Freestanding Emergency Department (FED) Study Committee Meeting - 2. Full Statewide Health Coordinating Council (the “Council”) Meeting - A. ...more

The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

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