News & Analysis as of

Mental Health

Mental Health Disabilities – What to Do?

by Ruder Ware on

We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is...more

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

by Baker Ober Health Law on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

by Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

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

by Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

by Pepper Hamilton LLP on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Further modernizations to rules on confidentiality of substance use disorder patient records on the way

by Bricker & Eckler LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

When is a child not a child for the purpose of access to health records?

by Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

ERISA Newsletter - Fourth Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - For over two decades, federal law has required covered health plans and insurers to ensure that certain mental health benefits are in parity with offered medical/surgical benefits. The meaning of...more

Rock And A [Softer] Hard Place: Seventh Circuit Eases The Burden For Accommodating Employees With Mental Health Disabilities

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more

Alston & Bird Healthcare Week in Review

by Alston & Bird on

On January 2, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule entitled, Confidentiality of Substance Use Disorder Patient Records. The final rule makes changes to the SAMHSA...more

Health Care Newsletter - December 2017

by Hinshaw & Culbertson LLP on

The Statutory Privilege against Disclosure of Mental Health Records and the Opioid Crisis - The current opioid epidemic has been declared the deadliest drug crisis in American history. According to the NIH National...more

Health Alert (Australia) 20 December 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 13 December 2017 - Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728 - LIMITATION OF ACTIONS – application for extension of time...more

Next steps in tackling mental ill health in the workplace

by Dentons on

One in four people experience a mental health problem, yet as a society and perhaps particularly in the workplace we are often afraid of discussing the topic. Employers should be encouraged to talk about mental health in the...more

Q&A with Lauren Oldham: Mental health workplace claims rising

by GableGotwals on

Mental health workplace claims rise - Q: Why has there been a surge in mental health disability discrimination claims? A: One in four American adults will suffer from a mental health impairment, and the Equal Employment...more

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

Health Alert (Australia) 11 December 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 1 December 2017 - Laerdal Medical Pty Ltd and Comptroller-General of Customs AATA 2427 - CUSTOMS – whether subject goods accessory –...more

Health Alert (Australia) 4 December 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 30 November 2017 - Health Services Union NSW v Health Secretary [2017] NSWSC 1661 INDUSTRIAL LAW – declaratory relief – Clause 17...more

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

Health Alert (Australia) 27 November 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Administrative Appeals Tribunal 21 November 2017 - Wong v Minister for Health [2017] AATA 2296 - PROCEDURE – whether...more

Health Alert (Australia) 20 November 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales (NSW) 15 November 2017 - Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 - Nursing – appeal against...more

UK Advice on Mental Health in Advertising

by Hogan Lovells on

On the back of a number of high profile initiatives to raise awareness of mental health issues in the UK this year, the UK Committee of Advertising Practice (CAP) has published a timely reminder for advertisers of how mental...more

Better Healthcare Newsletter from Patrick Malone - November 2017

These are not only the best of times and the worst of times. They also are nerve-wracking, nail-biting times for tens of millions of Americans: Slightly less than a quarter of adults and a rising number of young people...more

The future of work: pioneering health and safety professionals

by Seyfarth Shaw LLP on

Addressing issues including mental wellbeing and workplace responses to domestic violence and sexual misconduct require multidisciplinary approaches. ...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

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