Mental Illness

News & Analysis as of

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

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Second Amendment Protects Former Mental Institution Patient’s Right to Bear Arms

Called an "important issue of first impression in the federal courts," the Sixth Circuit, in Tyler v. Hillsdale County Sheriff's Department held that the Second Amendment protects the right of some individuals "who have been...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 44: Psychiatric or Mental Disabilities...

In the continuing evolution of equal employment opportunity law, no area has led to more stress for employers (all puns intended) than complying with their poorly defined and ever-changing obligations under the Americans with...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

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

Obtaining Workers’ Compensation For A Mental Illness In Illinois

A mental illness is a disease that causes mild to severe disturbances in a person’s thoughts and behaviors. There are over 200 types of classified mental illnesses. ...more

Did You Know...Depression Does Not Automatically Qualify An Employee For FMLA Leave

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation. These lawsuits are based on a variety of theories including...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

Is Mental Disease or Impairment a defense to “Willfulness” penalties for FBAR purposes?

In a pending civil penalty case in Florida the government puts forth its argument in clear language to describe what constitutes “willful” failure to file a Report of Foreign Financial Account (FBAR). In its Motion for...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

ADA Protects Individuals with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

Nearly 34 million Americans diagnosed with cancer, diabetes or epilepsy, and over two million suffering from an intellectual disability are now protected from discrimination under the Americans with Disabilities Act (ADA)....more

A License to Wed: Can You Be Denied a Marriage License?

In October of 2013, the Illinois couple of Colette Purifoy and John Morris were denied a marriage license because of John’s inability to consent. In 2009, John suffered permanent brain damage after unexpected complications...more

Should (Can) My Mentally Incapacitated Parent Divorce?

Imagine your father remarries after the death of your mother. Your father is now 85 years old has been married for 5 years, to his new wife, who is 75 years old. Your father suffers from dementia which is rapidly...more

An Ominous Cloud Looms Over NC’s Mental Health System! And Radix Malorum Est Cupiditas!

Two phrases that can never be good when linked together: “an ominous cloud” and “mental health care system.” Upon reading “ominous cloud,” I get this dark (dare I say ominous?), dreary outlook on whatever the “ominous cloud”...more

Federal Agencies Issue Final Rule for Implementation of Mental Health Parity Act

On October 3, 2008, Congress enacted the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Act of 2008 (MHPAEA). This law requires health insurance plans, which cover mental health or substance use...more

Health Care Reform Implementation Update - December 19, 2013

The deadline to enroll in coverage for January 1 was officially extended by a week, but the new December 23 deadline is fast approaching, and premium payments are required to be paid by the last day of 2013 for January 2014...more

Could NC Hospitals Be the Surprising and Much Needed Advocate for Mentally Ill Medicaid Recipients?

North Carolina has created the perfect storm when it comes to mentally ill…the perfect scenario for disaster. From 2001 to 2012, the total population of North Carolina increased from 8,203,734 people to 9,781,022. Over 1 and...more

Patient Privacy Or Public Protection? Government Attempts To Address Mental Health Issues While Protecting Patient Communications

Since the mass shootings at Virginia Tech, an Aurora, CO movie theater, and Sandy Hook Elementary, the federal government has taken another look at the legal regulations regarding privacy when dealing with violent individuals...more

Capital Thinking: Health Care

LEGISLATIVE ACTIVITY - The House will take another turn this week on hearings related to health care reform implementation with a focus on the Healthcare.gov website troubles. The House is also planning a vote on H.R....more

Final Mental Health Parity Rules Released

The Departments of Health and Human Services, Labor, and the Treasury jointly issued a long-awaited final rule that implements the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008...more

Final Mental Health Parity Act Regulations Released

The Internal Revenue Service, U.S. Department of Labor, and U.S. Department of Health and Human Services have jointly released final regulations and new FAQs implementing the Paul Wellstone and Pete Domenici Mental Health...more

Is Sec. Aldona Wos Challenging the Goliath - Like MCOs? Will She Win?

I attended a Women in Leadership conference the other day. The keynote speaker asked for us to come up with a one sentence mantra or mission statement that we would use to describe our purpose in life. I had never thought...more

DOL Releases Final Mental Health Parity Rules

Last week the US Department of Labor (“DOL”) issued final rules implementing the Mental Health Parity & Addiction Equity Act of 2008. These rules replace interim rules published by the DOL in February 2010. ...more

Fired Employee Failed To Prove That Depression, Harassment Drove Him To Fight: Court

An employee who was fired for fighting after being harassed, did not prove that his harassment or depression caused him to fight. Therefore, the Human Rights Tribunal of Ontario was wrong to find that his firing was...more

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