The Americans with Disabilities Act (ADA) has long been a guide for many employers in accommodating the needs of their employees with disabilities. However, some legal grey areas continue to present dilemmas and challenging situations, especially associated with disciplinary actions against employees with diagnosis of mental health conditions such as post-traumatic stress disorder (PTSD). According…
In an unexpected development, the Ninth Circuit has once again revised its opinion in the Wit v. United Behavioral Health case. Affirming its prior ruling that denied motion to vacate and superseding its prior Wit Opinion, the federal appellate court has been persistent in its adaptations. This index case involves patients struggling with mental health…
NLBM, a popular legal coaching company, has alleged infringement of copyright against its competitor, 2-Hour Lifestyle Lawyer. The accusation is based on what NLBM claims is copied course content that was subsequently resold. NLBM’s complaints centered around generic coaching content, with areas such as estate planning and pricing being highlighted as topics being unceremoniously replicated….
In the challenging world of corporate law, executives and attorneys often face varying stages of job-related stress; some experience career fatigue, while others hit a metaphorical ceiling at their current roles, prompting them to seek a change. Chronic career burnout is often accompanied by stress induced symptoms, such as depleted energy, decreased motivation, as well…
In the latest release of their monthly benefits publication, Keating Muething & Klekamp PLL tackle the pressing issues surrounding mental health parity. The August edition, aptly titled “Benefits Monthly Minute – PART II: MHP REPORT TO CONGRESS – DO NOT PASS GO, DO NOT COLLECT $200!”, provides an in-depth analysis of the latest report submitted…
In an impactful shift in policy, regulatory agencies have proposed a rule that challenges the established status quo in regards to the Mental Health Parity and Addiction Equity Act (MHPAEA). More specifically, the rule will enforce new requirements on group health plans and health insurance issuers, providing a novel framework for legal professionals operating in…
The proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) could introduce a complex landscape for compliance, especially concerning the ‘No More Restrictive’ requirement for Non-Quantitative Treatment Limitations (NQTLs). As reported by law firm McDermott Will & Emery, the impending rules pose potential difficulties for group health plans and health insurance issuers…
In the midst of significant regulatory changes, legal professionals are grappling with the complexities of adherence to mental health parity requirements. In essence, these requirements mandate that if a group health plan provides mental health or substance use disorder (MH/SUD) benefits in any of six specified classifications, the plan must provide MH/SUD benefits in all…
The complexities of mental health law have increased exponentially in the wake of the COVID-19 pandemic, accentuating the pertinence of the Mental Health Parity and Addiction Equity Act (MHPAEA). MHPAEA, as you may be aware, mandates health care plans to offer mental health benefits, including coverage for substance use disorders (SUDs), in “parity” with medical…
As we approach the end of summer, Crowell & Moring’s chair, Philip Inglima, recently initiated a thoughtful dialogue within his firm, as well as in the larger realm of BigLaw, with a seemingly straightforward action: he went on vacation. His deliberate move, in a field where relaxation and time off have become novelties rather than…
In a significant move for those working in the insurance, healthcare and legal industries, the U.S. federal government introduced new regulations and guidance on July 25, 2023. These changes are aimed at improving adherence to regulations outlined in the Mental Health Parity and Addiction Equity Act (MHPAEA). The requirements of the MHPAEA mandate insurance companies…
A recent report reveals alarming levels of sexual assault of women and girls in Ethiopia’s Tigray region, following a signed peace agreement to end conflict. The investigating bodies, Physicians for Human Rights and the Organization for Justice and Accountability in the Horn of Africa, studied over 300 random medical records from Tigray health centers dedicated…
Updates have been proposed to the technical compliance requirements of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The Departments of Labor, Health and Human Services, and the Treasury (referred to collectively as the “Departments”) introduced these proposals on July 25. These highly anticipated improvements focus on mental health and substance use…
In an informative Q&A session, Jennifer Steiner shares her journey across different levels of the healthcare services sector, from Fortune 100 companies to startups backed by private equity. Her current endeavor is a private equity-backed startup, presumably poised to make a meaningful impact in addressing the mental health crisis in the United States. This session…
The U.S. Department of Labor (DOL) continues to act upon its pledge to enforce non-quantitative treatment limitation (NQTL) requirements, representing a key point of focus in its ongoing mission to uphold standards set by the Mental Health Parity and Addiction Equity Act. In a report issued to Congress last month, the Department demonstrated that it…
In a time when mental health support is deemed essential for workplaces, more than half of managers grapple with achieving the company’s wellbeing targets. Although this statistic—presented in a recent study by Deloitte—may ring alarm bells, Spring Health, a New York City-based digital mental health company has taken strides to address this growing concern. It…
Lawyers at all levels have identified unreasonable client demands as a major source of stress and anxiety, according to a recent survey conducted by American Lawyer. This is notably prevalent in ‘Big Law’, where out of approximately 2,500 attorneys surveyed, half indicated that unreasonable client demands had a negative impact on their mental health. A…
Davis Polk has made extensive efforts to bring its attorneys back to the office after the pandemic. The firm initially mandated attendance from Tuesday to Thursday in 2022, preserving remote work flexibility for Mondays and Fridays. Followed by a revision to the in-office segment of its handbook this past spring, stating that associate bonuses might…
Interpersonal relationships in a legal context can deeply impact professional as well as personal lives. Instances of this can be clearly seen in cases where one is dealing with narcissistic personalities. The impact on families, relationships, and even legal proceedings like divorces can be tremendous. It is crucial for legal professionals to be aware of…
The American Psychological Association (APA) has passed a resolution taking a stand against the current practice of mandatory mental health inquiries on bar exam applications. In this Above the Law article, it was made clear that according to statistical data gathered by the APA, there exists no correlation between the presence of mental health-related questions…
Life-work integration assumes a growing prominence for professionals globally across diverse fields. For lawyer moms, this concept offers an opportunity to view life as less disparate and holistic. By blending personal and professional lives, a proponent of life-work integration aims to create a singular life that stands out as more fulfilling. Organizations can encourage life-work…
On July 25, 2023, the trio of the Departments of Health and Human Services, Labor, and Treasury (“Tri-Agencies”) introduced broad new guidance on the Mental Health Parity and Addiction Equity Act (“MHPAEA”). This in-depth measure consisted of a Proposed Rule, a technical release proposing data requirements, an enforcement safe harbor, and the 2023 MHPAEA Comparative…
In an unusual occurrence in the corporate world, BNSF Railway, one of the largest freight train network operators in North America, is facing a lawsuit alleging that it hired a private investigator to follow one of its employees. The employee had reportedly taken a leave of absence due to an anxiety attack. Law.com first surfaced…
In the sixty-ninth episode of Trekking Through Compliance, titled “Whom Gods Destroy”, an intriguing narrative on mental health, criminal insanity, leadership and strategy is explored. This episode takes us back to January 3, 1969, occurring on Star Date 5718.3, and provides a lens into how these themes are interwoven within the larger context of organizational…
In light of recent developments in the realm of mental health parity compliance, both plan sponsors and fiduciaries can now benefit from some much-needed regulatory clarity. This comes following the release of a White House Fact Sheet, accompanied by a comprehensive regulatory package, issued by the US Departments of the Treasury, Labor, and Health and…