The legal landscape for mass torts and class action lawsuits continues to shift, most notably with the commencement of the first trial against Johnson & Johnson subsequent to the dismissal of its dual talc bankruptcy cases which took place in California. Meanwhile, lawsuits surrounding mental health issues purportedly caused by social media giants like Facebook…
In a significant ruling on Tuesday, U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California rejected the request to dismiss lawsuits that allege YouTube, Facebook, and other social media platforms have caused addiction and subsequent mental health issues among young users. The Judge’s verdict establishes that the immunity provided under Section 230…
The Mental Health Parity and Addiction Equity Act (MHPAEA) has been making headlines recently due to proposed regulations released by the key US Departments of Labor, Health and Human Services, and the Treasury. This legislative draft brought forth by the aforementioned departments aims to amend the current MHPAEA guidelines. The proposed changes have been met…
California’s Office of Environmental Health Hazard Assessment (OEHHA) is proposing changes to the short form warnings currently allowed by Proposition 65. Known formally as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 requires businesses to provide clear and reasonable warnings about significant exposures to chemicals that cause cancer, birth defects, or…
Dealing with mental illness often presents significant barriers to securing and maintaining gainful employment. Recognizing this, the Social Security Administration (SSA) has implemented disability benefits to support individuals diagnosed with certain mental health conditions that substantially and demonstrably impair their ability to work. These aids come in the form of two federal programs: Social Security…
In light of alterations to the Proposition 65 warning requirements that came into being in 2018, a significant number of corporations opted for the usage of the “short-form” warning, which doesn’t mandate the identification of a specific chemical. Nevertheless, on the 27th of October, 2023, the Office of Environmental Health Hazard Assessment (“OEHHA”) publicized a…
The November 2023 edition of the Washington Healthcare Update brings noteworthy information about the recent activities of some key legislative bodies in the United States. The report follows last week’s Senate Finance Committee’s latest output, the Better Mental Health Care, Lower-Cost Drugs and Extenders Act, and the Senate’s confirmation of the new National Institutes of…
The U.S. Supreme Court on Monday declined to hear a case centered around Michael Johnson, an inmate in solitary confinement at the Pontiac Correctional Center in Illinois. Johnson, who suffers from an array of severe mental health issues, was kept under such confinement for three years, frequently devoid of outdoor exercise. The legal professional community…
On November 2, 2023, the Centers for Medicare and Medicaid Services (CMS) issued its 2024 Physician Fee Schedule final rule (Final Rule) for calendar year 2024. This rule is expected to implement significant changes aimed at improving access to behavioral health care in Medicare. The changes align with the CMS’s Behavioral Health Strategy. As reported…
In what is being recognized as a significant legislative move, Minnesota recently enacted an extensive healthcare law article– Chapter 70–S.F.No. 2995. The bill, as indicated by the state, aims to amend various sections in Minnesota’s current healthcare provisions.Further details on this can be found here. The legislation covers a wide range of healthcare components, most…
As we advance into 2023, legal professionals must navigate the intricacies of telemental health laws that are evolving rapidly across the United States. Epstein Becker Green (EBG) attorneys have been diligently researching, compiling, and analyzing these state-specific legal requirements since 2016, providing valuable insight for both professional mental/behavioral health practitioners and stakeholders looking to provide…
On November 10, 2023, the Senate Finance Committee held a Markup on the Better Mental Health Care, Lower-Cost Drugs, and Extenders Act. The package, defined by its bipartisan support, seeks to address key issues pertaining to American health care, such as broadening the mental health care workforce, minimizing prescription drug costs, and extending the use…
The true intent behind congressional action can often be discerned from the information found within Proposed Regulations Comment Letters. The proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) have recently sparked a rigorous investigation, with a particular focus on the letters issued by the U.S Departments of Labor, Health and Human…
California’s contentious Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is once again under scrutiny. The state’s Office of Environmental Health Hazard Assessment (OEHHA) is making its third attempt in recent years to modify the so-called “short form” warning provisions of Prop 65. Critics have compared the move…
In a significant regulatory development, the Office of Environmental Health Hazard Assessment (OEHHA), the chief regulatory entity in California responsible for the enforcement of California’s Proposition 65, has proposed far-reaching adjustments to the Proposition 65 warning requirements. This move, which took place on October 27, 2023, could potentially influence the Proposition 65 compliance strategies employed…
Despite 2023 being at a stone’s throw, some already dust off the predictions for its highlights. One significant contender is the term ‘gaslighting’ as pointed out in an article on JDSupra. This term has been bouncing on the tip of tongues worldwide and pricks our attention for a weighty reason: its pervasive presence in our…
Hundreds of lawsuits have been filed against major social media platforms such as TikTok and Instagram, alleging that they have caused a mental health crisis among young people. The responsibility of deciding the outcomes of these consolidated cases has fallen to Yvonne Gonzalez Rogers, a highly experienced judge serving on the US District Court for…
In today’s rapidly evolving legal landscape, the mental wellbeing of lawyers is becoming an increasingly relevant topic. A recent survey by mental health solutions provider Unmind, dubbed The State of Wellbeing in Law, provides an illuminating snapshot of the profession’s current state of mental health. The survey targeted over 3,800 lawyers and employees across six…
A growing concern within the legal profession is the depreciating state of mental health and the associated costs it incurs. According to a recent survey by Unmind, a company specializing in workplace mental health solutions, the impact is far from minimal. On average, large law firms are witnessing nearly a 10% loss which is equivalent…
The COVID-19 pandemic has intensified the ongoing struggle with mental health issues and substance use disorder (SUD) among children and youth in the United States. As a result, federal and state institutions, among other entities, are broadening financing and treatment initiatives to boost the behavioral health of these vulnerable demographics. This pervasive crisis is impacting…
The U.S. Court of Appeals for the Eighth Circuit recently provided a significant ruling in favor of several agricultural groups. The court has granted these groups’ petitions for a review pertaining to a directive by the Environmental Protection Agency (EPA). The EPA had previously placed a ban on the use of a well-known pesticide named…
With the surge in digital health, there has been a proliferation of point solutions catering to very specific target populations. However, a shift has appeared in the landscape of health tech investment as venture capitalists seem to be less interested in these point solutions. This insight came from a recent panel discussion at the INVEST…
The legal profession, by nature, can be extremely antagonistic and full of high-stress situations. As a result, lawyers often grapple with significant mental health issues and substance abuse problems. However, one solution that seems to offer lawyers much needed relief and balance is pro bono work. Orlando Lopez, in an article on Law360, discusses how…
33 U.S states led by Illinois, California, New York, and the District of Columbia, have filed a lawsuit against Meta Platforms Inc., the parent company of Facebook and Instagram on grounds of exploiting young users for the sake of profit. The lawsuit claims that Meta consciously tailored and marketed its services while violating consumer protection…
Hundreds of personal injury lawsuits alleging that social media platforms have spurred a youth mental health crises are poised to face their first significant legal hurdle. Defendants in the lawsuits include Facebook, Instagram, TikTok, Snapchat, and YouTube. The suits rest on whether the claims of addictive algorithms can circumvent the legal shield of the tech…