News & Analysis as of

Substance Abuse

QBB Review: What employers should know—but often don’t—about employee substance abuse

by Nexsen Pruet, PLLC on

Many employers believe that alcohol and substance abusers are primarily unemployed or unemployable. Data shows the opposite. Indeed, one study estimates that 90 percent of alcoholics and 74 percent of drug addicts are...more

Better Healthcare Newsletter from Patrick Malone - May 2017

Americans are the planet’s leading consumers of medications, a prime driver of our steadily rising and already astronomical medical costs. Expert concerns grow by the day that we’re pill crazy, and our excesses may be doing...more

Legislative Solutions: 2017 Virginia Legislative Recap

by Williams Mullen on

The following is a summary of key legislation impacting the health care industry in Virginia. Reforming or Repealing Virginia’s Certificate of Public Need Program - The study of the COPN process continues -...more

Calling for Ideas—CMS Releases Final 2018 Medicare Advantage and Part D Rate Announcement and Call Letter

by Hogan Lovells on

On 3 April 2017, the Centers for Medicare & Medicaid Services (CMS) released its final Medicare Advantage (MA) and Part D Rate Announcement and Call Letter (Call Letter) for calendar year 2018. The Call Letter is part of...more

Manatt on Medicaid: Monthly Expansion Recap, March 2017 #2

Arkansas - Governor Proposes Changes to Medicaid Expansion Waiver as House Passes Bill to Cap Expansion Enrollment - Governor Asa Hutchinson (R) released a proposal to amend the State's Medicaid expansion waiver by...more

Medicaid's Growing Role for SUD Services in Montana

Editor's Note: Montana's 2016 expansion of Medicaid provides an important opportunity to strengthen the state's substance use disorder (SUD) prevention and treatment system. In a new report for the Montana Healthcare...more

Manatt on Health Reform: Weekly Highlights - March 2017 #4

States react to the failure of the AHCA; the HHS Inspector General launches an investigation into the Trump Administration's suspension of Marketplace enrollment outreach efforts; and the Kansas Legislature sends a Medicaid...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

Federal Enforcement Focuses on Drug Treatment Clinics

by Burr & Forman on

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump’s administration and Alabama Attorney General Steve Marshall, law enforcement...more

Substance Use Disorder Treatment Providers: Time for a Compliance Check

by Ward and Smith, P.A. on

On January 18, the Substance Abuse and Mental Health Services Administration ("SAMHSA"), an agency of the United States Department of Health and Human Services, issued a Final Rule amending the Confidentiality of Alcohol and...more

ERISA (10th Circuit): Does the ERISA Plan Breach Fiduciary Duties by Informing the Employer of an Employee/Disability Claimant’s...

Can an ERISA plan administrator tell an employer about an employee’s substance abuse? Doesn’t that breach fiduciary duties to the employee/claimant? Probably not. Check the employer’s employment policies because an...more

Health Update - February 2017

Securing the Safety Net for America's Vulnerable Populations - Editor's Note: America's population is aging rapidly. By 2029, 75 million baby boomers will have reached age 65 and older, and older adults will represent...more

Modernization? SAMHSA Falls Short in Updating 42 C.F.R. Part 2

by Davis Wright Tremaine LLP on

On January 18, 2017, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule amending 42 C.F.R. Part 2 (“Part 2”), with an effective date that...more

New HHS Secretary Delays Effective Date of Part 2 Final Rule

We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic...more

SAMHSA Modernizes Regulations Governing the Confidentiality of Substance Use Disorder Records

by Shipman & Goodwin LLP on

After nearly thirty years since the last substantive change to the law, on January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) published its final rule (the “Final Rule”) implementing...more

Final Rule Modernizes Substance Use Disorder Patient Record Confidentiality Regulations

by McDermott Will & Emery on

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) released its long-awaited final rule amending the confidentiality regulations at 42 CFR Part 2 (Part 2) that apply to federally...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

SAMHSA Continues to Update Rules Related to Substance Abuse Records

by Baker Ober Health Law on

On January 13, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued the Final Rule to revise 42 C.F.R. Part 2 (Part 2 Regulations) – the federal regulations that govern the confidentiality of...more

21st Century Cures Act Includes Several Noteworthy Mental Health and Substance Use Provisions

by Stinson Leonard Street on

The 21st Century Cures Act (Act), enacted in December 2016, has received widespread coverage for funding biomedical research and streamlining the drug approval process. The Act also includes the Helping Families in Mental...more

SAMHSA Finalizes Its Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

by Epstein Becker & Green on

Executive Summary - The Substance Abuse and Mental Health Services Administration (“SAMHSA”), an agency within the U.S. Department of Health and Human Services (“HHS”), recently finalized its changes to the...more

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

Final Rule Issued on Confidentiality of Substance Use Disorder Patient Records

by Best Best & Krieger LLP on

President Donald Trump’s 60-day hold on rules that are published in the Federal Register, but are not yet effective, may impact the recently released update to the Confidentiality of Substance Use Disorder Patient Records...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

Substance Use Disorder Information: Comments Wanted on Significant Proposed Part 2 Rule

by Davis Wright Tremaine LLP on

In an unusual action, a Supplemental Notice of Proposed Rulemaking (“SNPRM”) accompanied the recent final rule on 42 C.F.R. Part 2 (“Part 2”) governing the confidentiality of certain substance use disorder information. On...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

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