News & Analysis as of

Substance Abuse

De-Bunking the Opioid Litigation Epidemic

by Kelley Drye & Warren LLP on

If you type ‘opioids’ into a search engine, chances are you’ll be greeted with headlines like: “Opioid abuse is in everyone’s backyard”. The Washington Post writes: “Even this puppy wasn’t safe from America’s opioid crisis”;...more

The Opioid Epidemic: Are We Headed Toward a Tipping Point?

by Burr & Forman on

Health care law and policy occupy a prime place in the current news cycle. Much of the attention revolves around the actions or inactions of Congress and the White House, particularly with regard to their impact on the future...more

President’s Opioid Commission Issues Final Recommendations: Implications for Health Care Stakeholders

by K&L Gates LLP on

In late October, President Trump declared the nation’s opioid addiction crisis a public health emergency. Less than a week later, the President’s Commission on Combating Drug Addiction and the Opioid Crisis (the “Commission”)...more

Preparing for the Opioid Litigation Epidemic

by Kelley Drye & Warren LLP on

One of the newer symptoms of this so-called “Opioid Epidemic,” is a rash of litigation targeting pharmaceutical manufacturers and distributors. Currently, there are actions underway in Texas, West Virginia, Alabama, Ohio,...more

OCR Clarifies Privacy Rule for Sharing PHI on Opioid Overdoses

In the wake of the national opioid overdose crisis, the Office for Civil Rights (OCR) has provided clarification on when covered entities are permitted to disclose patient information during opioid emergencies....more

Preparing for the Opioid Litigation Epidemic

by Kelley Drye & Warren LLP on

According to almost every major media outlet, America is now in the midst of an opioid addiction crisis. People across the U.S. are developing dependencies, and even overdosing, on opioids: drugs like OxyContin, Hydrocodone,...more

Health Care Newsmakers: Mandy K. Cohen, MD, MPH, Secretary of the N.C. Department of Health and Human Services

by Williams Mullen on

What is the opioid crisis and how did we get here? The opioid crisis is a devastating and complex issue. We arrived here on a path paved with good intentions. Twenty years ago, clinicians were encouraged to treat pain...more

Opioids In The Workplace

by SmithAmundsen LLC on

One of the first questions I ask when providing drug and alcohol training to managers, supervisors and employees is “What is the most commonly used illegal drug?” Typically, the response that I get will be alcohol (albeit not...more

Is Your Hospital Compliant With the Revised Joint Commission Standards for Pain Assessment and Management?

by Nossaman LLP on

On January, 1, 2018, The Joint Commission’s (“TJC”) new and revised pain assessment and management standards go into effect for TJC accredited hospitals. The changes to the standards stem from a review commenced by The Joint...more

Blog: White House Declares Opioid “Public Health Emergency” However, Many Questions Remain

by Cooley LLP on

Last week, the White House declared the opioid crisis a “public health emergency.” The declaration outlined a number of steps the Administration will take to address the epidemic. The public health emergency declaration,...more

Communities in Crisis: Local Responses to Behavioral Health Challenges

As the opioid and mental health crises continue to gain national attention, local leaders are stepping up to implement programs to address the prevalence and impact of untreated serious mental illness (SMI) and substance use...more

Recent Developments on the Opioid Front

by Arnall Golden Gregory LLP on

The “Opioid Crisis” continues to drive measures that will significantly affect the pharmaceutical industry in general, the relationship between prescribers and their patients, and the role of regulators – and law enforcement...more

Employment Law Letter - Fall 2017

by Shipman & Goodwin LLP on

Does Substance Abuse Qualify for FMLA? Some may be surprised to find the answer is yes, provided certain criteria are met. However, a federal judge in Connecticut recently issued a decision that shows the FMLA card can’t...more

Combating Opioid Abuse in the Workplace: A Proactive Approach For Employers

by Bowditch & Dewey on

Imagine your employee “Bob” has recently missed a lot work for unexplained reasons. Bob’s coworkers notice that he sometimes “nods off” while working, and his supervisor just reported to you that Bob became enraged while...more

Building a Health App? Part 4: Avoiding an FTC Enforcement Action

The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the tenth in a series highlighting some of the more common mistakes employers can...more

Here, There, and Everywhere: Opioid Manufacturers and Distributors Under a Brighter Spotlight

by Arnall Golden Gregory LLP on

In June 2017, a bipartisan group of state attorneys general announced that they were jointly investigating the marketing and sales practices of opioid manufacturers. While the group initially did not identify any targets of...more

Finding Common Ground in the Healthcare Debate: Federal, State, and Local Governments Respond to the Opioid Epidemic

As stories and statistics of the opioid crisis become increasingly prevalent in our national discourse, we are seeing a stronger, more innovative, and more aligned push for interventions across communities, government...more

Responding To Mental Health Parity Model Disclosure Request Form

by Fox Rothschild LLP on

In June 2017, the Departments of Labor, Health and Human Services and Treasury released a draft model form that participants may use to request mental health/substance use disorder (MH/SUD) limitation information from their...more

Citing the Opioid Abuse Epidemic, New Jersey Proposes Far-Reaching Restrictions on Pharma-Prescriber Interactions

by Stinson Leonard Street on

In an effort to curtail the opioid abuse epidemic, New Jersey Governor Chris Christie proposed a new rule on August 31, 2017 that would make New Jersey the latest state to adopt "gift ban" type restrictions on interactions...more

State Scrutiny of Payments to Providers Growing in Response to Opioid Crisis

by Dorsey & Whitney LLP on

Several states have proposed and enacted new laws to address the opioid crisis, including laws that focus on reducing financial incentives that drug manufacturers can give to providers. Most recently, New Jersey Governor...more

Worth Another Look: Children of the Opioid Epidemic

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

Fame, reputation and a med school dean’s secret life

Although smaller community hospitals may provide treatments that are as good and as safe, Americans flock to academic medical centers for specialized care and complex procedures. They’re lured to the big, pricey institutions...more

Tennessee Employers Subject to New Obligations to Report Healthcare Practitioners' Confirmed Drug (but not Alcohol) Tests and Test...

by Littler on

A new Tennessee law, effective July 1, 2017, imposes new reporting requirements on healthcare practitioner (HCP) employers. Under the new reporting law, in certain circumstances, HCP employers must "promptly" report to the...more

Medical Board of California Circulates Opioid Prescriber Guidance

by Nossaman LLP on

Recently, the Medical Board of California circulated an open letter, known as a Prescriber Guidance Letter to all practitioners in California who prescribe opiates. The letter was authored by a statewide workgroup on...more

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