News & Analysis as of

Mental Illness

Bond Schoeneck & King PLLC

New York Requires 9-8-8 Suicide and Crisis Lifeline Information Shared and Added to College Student ID Cards

This week, Gov. Kathy Hochul signed the Student Lifeline Act amending the New York Education Law to require that degree-granting higher education institutions educate students, faculty and staff about New York’s 9-8-8 Suicide...more

Womble Bond Dickinson

FDA Rejects MDMA Treatment for PTSD; Setbacks and New Directions

Womble Bond Dickinson on

In a previous blog on the use of psychedelics to treat mental health disorders, we reported that the US Food and Drug Administration (FDA) granted breakthrough therapy designation to MDMA (a.k.a., ecstasy) in 2017 as part of...more

Coblentz Patch Duffy & Bass

March 2024 Election: San Francisco Measures and a State Proposition to Watch

Voters in San Francisco and California will again confront a formidable ballot during the election on March 5, 2024, with an array of qualified City measures and one state proposition to consider....more

Awatif Mohammad Shoqi Advocates & Legal...

New Mental Health Law in the UAE: A Comprehensive Overview

Introduction- The UAE has recently taken a groundbreaking step in mental health care with the implementation of Federal Law No. 10/2023 on Mental Health. The Mental Health Law prioritizes the rights of individuals...more

Walkers

UK tribunal finds 'work related stress' amounts to disability – the implications for Guernsey and Jersey employers

Walkers on

In Phillips v Aneurin Bevan University Local Health Board, the Cardiff Employment Tribunal ("ET") held that work related stress can amount to a disability, as defined by the UK Equality Act 2010 ("EqA"), in a decision that...more

Benesch

2024 Outlook: Behavioral Health Trends

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Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent...more

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Ankura

What Is the Role of the Health System in Addressing the Behavioral Health Epidemic?

Ankura on

One in five U.S. adults experienced mental illness in 2021. This represents 57.8 million people. However, only 47.2% of U.S. adults with mental illness received treatment in 2021. The country is deep in a behavioral health...more

Manatt, Phelps & Phillips, LLP

FDA Receives Application for Approval of MDMA-Assisted Therapy

On December 12, 2023, the MAPS Public Benefit Corporation (MAPS PBC) announced the submission of a marketing application to the U.S. Food and Drug Administration (FDA) for MDMA (midomafetamine capsules) in combination with...more

King & Spalding

CMS Announces Initiatives to Strengthen Nursing Home Safety and Transparency

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On January 18, 2023, CMS issued a Quality, Safety & Oversight Group memorandum announcing its initiative to improve nursing home safety and transparency. Specifically, CMS will conduct audits to determine whether nursing...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Employee's Claim That Medical Condition Prevented Ability to Release Claims

When an employer presents a separation agreement and release to an employee out of work for medical reasons, questions sometimes arise regarding that person’s ability to understand and competently execute the document. If an...more

Goodwin

Five Key Regulatory Considerations for Virtual Ketamine Clinics

Goodwin on

The off-label use of ketamine to treat anxiety, depression, and other behavioral health disorders —coupled with the COVID-19 telehealth era—has spurred the opening of virtual ketamine clinics nationwide. Some clinics offer a...more

Foley Hoag LLP - Medicaid and the Law

Medicaid and the LawFoley Hoag LLP CMS Approves Two New Medicaid Waivers to Expand Coverage, Provide Flexibilities

On September 28, 2022, the Centers for Medicare & Medicaid Services (CMS) issued approval letters for Section 1115 Medicaid demonstration applications previously submitted by Oregon and Massachusetts. Section 1115 waivers...more

AEON Law

Patent Poetry: Federal Circuit Rejects Claim that 101 Rejections Violate APA

AEON Law on

The Federal Circuit has affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent...more

Burns & Levinson LLP

I Suspect My Parent Has Alzheimer’s, But They’re in Denial. How Can I Protect Them and Their Estate?

Burns & Levinson LLP on

As parents age, their children may notice certain physical and behavioral changes. The most common physical decline is a parent falling more often, typically while walking up and down stairs or in the bathroom. Physical...more

Morrison & Foerster LLP - MoFo+

Celebrating Pride With CURED: The Battle For Equality

In celebration of Pride Month, all MoFo employees were given the opportunity to watch CURED, an award-winning documentary that recounts the battle to remove homosexuality from the American Psychiatric Association’s Diagnostic...more

Venable LLP

Discipline or Discrimination? How Institutions of Higher Education Should Navigate Disciplining Students with Known or Reported...

Venable LLP on

Colleges and universities are grappling with the proliferation of mental health issues among their student populations in the wake of COVID-19 as they deal with the effects of burnout, limited support resources, and social...more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

Parker Poe Adams & Bernstein LLP

Could Certain COVID-19 Vaccination Exception Requests Signal a Protected Mental Disability?

Employers implementing mandatory COVID-19 vaccination requirements are facing a slew of requests for medical and religious exemptions. Most of these exemptions are based on things like a long-held religious belief or medical...more

Patrick Malone & Associates P.C. | DC Injury...

Nursing homes misdiagnose and sedate residents with strong drugs but lag on vaccinating staff

The nation’s nursing homes, battered by the coronavirus pandemic, are under more fire for their resurgent reliance on powerful and risky psychiatric drugs and shaky diagnoses of mental illness to treat elderly residents, as...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

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On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

Court Affirms Principle that Challenges to Benefits Determination Involving Mental Illness Limitation Require Specific, Concrete...

In Gill v. Unum Life Ins. Co. of Am., 2020 U.S. Dist. LEXIS 219416 (N.D. Cal. Nov. 23, 2020), a California federal court held that an ERISA claim administrator properly limited benefits to 24 months under the plan's mental...more

Snell & Wilmer

New Mexico Check-Up: Paid Sick Leave Coming 2022

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Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on...more

Jackson Lewis P.C.

New Mexico: Private Employers Must Provide Up To 64 Hours Of Paid Sick Leave To Employees In 2022

Jackson Lewis P.C. on

Beginning on July 1, 2022, New Mexico will join 15 other states (and Washington, D.C.) in requiring private employers to provide paid sick leave to their employees. On April 8, 2021, New Mexico Governor Michelle Lujan...more

Rivkin Radler LLP

AOT Orders A Useful Tool During COVID Pandemic

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The pandemic has prompted the reallocation of hospital beds from psychiatric care to treatment of COVID patients. This has occurred as mental illness has been on the rise. To cope with the insufficient number of psychiatric...more

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