News & Analysis as of

Substance Abuse

BakerHostetler

Georgia Enacts New AKS Statute Aimed at Substance Abuse Referrals

BakerHostetler on

On July 1, 2021, a new Georgia anti-kickback statute (AKS), Senate Bill 4 (SB4), became effective. SB4 prohibits providers of substance abuse treatment from engaging in patient brokering, and specifically makes it unlawful...more

Robinson+Cole Health Law Diagnosis

Connecticut Legislature Passes Act to Help Address the Opioid Epidemic

On July 6, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-113 titled “An Act Concerning Opioids” (PA 21-113), which establishes pilot programs to help serve persons with opioid use disorder in urban,...more

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

Worse than feared: Drug overdoses rose 30% to record levels during pandemic

“It’s huge, it’s historic, it’s unheard of, unprecedented, and a real shame. It’s a complete shame”... That quote, reported by the New York Times and made by Daniel Ciccarone, a professor of medicine at the University of...more

Farrell Fritz, P.C.

New York Establishes an Opioid Settlement Fund

Farrell Fritz, P.C. on

By legislation enacted last month, on June 9, 2021, amending the New York Finance Law, Mental Hygiene Law and Executive Law, New York State established an opioid settlement fund (“OSF”).  Finance Law §99-nn(1).  The purpose...more

McGuireWoods LLP

New Georgia Statute Prohibits Patient Brokering for Substance Abuse Providers

McGuireWoods LLP on

On July 1, 2021, Georgia’s new anti-kickback statute related to substance abuse patient brokering began prohibiting payment, or the offer of remuneration, to induce the referral of a patient to or from a substance abuse...more

Rivkin Radler LLP

Proposed Physician Fee Schedule Includes Expanded Telehealth Reimbursement

Rivkin Radler LLP on

The proposed 2022 Medicare Physician Fee Schedule, released on July 13 by the Centers for Medicare & Medicaid Services (CMS), includes expanded reimbursement for behavioral health services delivered by telehealth, including...more

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

As opioid drug-case settlement advances, fentanyl deaths spike in D.C. area

Just as attorneys generals for more than a dozen states inch toward a multibillion-dollar settlement with a drug maker faulted for its big role in the start of the opioid abuse and drug overdose crisis, that health menace is...more

Groom Law Group, Chartered

Mental Health Parity Remains a Priority for Tri-Agency: MHPAEA Compliance in Response to the CAA

The Mental Health Parity and Addiction Equity Act of 2008’s (“MHPAEA”) provisions of the Consolidated Appropriations Act, 2021 (the “CAA”) became effective February 10, 2021 and added a requirement for group health plans and...more

Health Care Compliance Association (HCCA)

Families Detail Years of Anguish, Pain As They Plead for Changes to Privacy Rule

Report on Patient Privacy 21, no. 7 (July, 2021) - ...These heartfelt comments are among those submitted to the HHS Office for Civil Rights (OCR) in response to its January notice of proposed rulemaking (NPRM), which...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - September 27th - 30th, Austin, TX

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

McGuireWoods Consulting

Washington Healthcare Update - July 2021 #1

This week in Washington: Senate in recess, conversations continue on infrastructure and administration’s health initiatives. ...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Legislature Passes S.B. 147

The July 4 holiday weekend is here, and it should look very different from last year’s version for all Pennsylvania business owners and employees. Just before adjourning for the summer, the Pennsylvania Legislature passed...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Sparsely Pleaded Parity Act Lawsuit Survives Motion to Dismiss

In Nathan W. v. Anthem Bluecross Blueshield of Wisconsin, 2021 U.S. Dist. LEXIS 42127 (M (D. Utah Mar. 5, 2021), a federal court held that conclusory allegations of discriminatory medical necessity criteria were sufficient to...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Health Plan May Not Exclude Specific Autism Treatments

The extent to which a health plan may exclude coverage for mental health treatment modalities has become an active area in ERISA litigation. In Doe v. United Behavioral Health, 2021 U.S. Dist. LEXIS 43146 (N.D. Cal. March 5,...more

Manatt, Phelps & Phillips, LLP

States Are Leveraging Medicaid Waivers to Transform Their Behavioral Health Systems

As the nation experiences unprecedented levels of behavioral health needs—even further exacerbated by the COVID-19 pandemic—state Medicaid programs have increasingly looked for flexibility to craft services and payment models...more

Nexsen Pruet, PLLC

Mental Health, Substance Use, and Family Distress: COVID-19’s Penumbra

Nexsen Pruet, PLLC on

On June 7, 2021, Governor Henry McMaster declined to extend the public health emergency declaration related to the coronavirus in South Carolina. However, data indicates the long-term effects of the pandemic are far from...more

Faegre Drinker Biddle & Reath LLP

Substance Use Disorder Treatment Centers: Uncovering Fraud and Advancing Policies to Promote Best Practices

On June 9, 2021, Arnold Ventures, researchers from the Boston University School of Public Health and Faegre Drinker hosted a virtual event to explore the issue of fraud in substance use disorder (SUD) treatment. In response...more

Bass, Berry & Sims PLC

Tennessee General Assembly Passes Highly-Anticipated CON Reform Bill

On May 5, 2021, after several years of extensive debate and negotiations, including a 2020 legislative session ending in an impasse, the 112th Tennessee General Assembly passed a highly anticipated certificate of need (CON)...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 2nd - 5th, Seattle, WA

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

Hodgson Russ LLP

Agencies Issue Guidance on Comparative Analysis of Mental Health/Substance Use Disorder Non-Quantitative Treatment Limits

Hodgson Russ LLP on

The Consolidated Appropriations Act of 2021(“CAA”) amended the Mental Health Parity and Addiction Equity Act (“MHPAEA”) to require group health plans and insurers that impose non-quantitative treatment limits on mental health...more

Cozen O'Connor

California Attorney General Weighs In On Coverage For Mental Health

Cozen O'Connor on

California AG Rob Bonta filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of plaintiffs-appellees in Wit v. United Behavioral Health (“UBH”), where the district court found that...more

FordHarrison

Addressing Mental Health in the Workforce

FordHarrison on

May is Mental Health Awareness Month. After fifteen months of the COVID-19 pandemic – which has placed unprecedented stress on Americans dealing with isolation and fear, while juggling closed schools and businesses,...more

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

‘The Crime of the Century’ documents our lethal opioid tragedy

When accomplished folks who have racked up awards like Oscars, Emmys, and Pulitzers provide their frank appraisal of the roles of Big Pharma, federal regulators, and law enforcement in the opioid abuse and drug overdose...more

Bass, Berry & Sims PLC

DOL to Focus on Red Flags in Mental Health Parity Requests

Bass, Berry & Sims PLC on

Last week, the Department of Labor (DOL) announced that it will focus on requesting information from employers where there are potential “red flags” of non-compliance with the provisions and rules of the Mental Health Parity...more

Bradley Arant Boult Cummings LLP

DOL Actively Enforcing Newly Required Mental Health Comparative Analysis

Group health plans and insurers have been required since 2008 to ensure that any “nonquantitative treatment limitations” (NQTLs) imposed on mental health or substance use disorder (MH/SUD) benefits are comparable and no more...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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