Behavioral Health Care Law Blog

Latest from Behavioral Health Care Law Blog

(1) Clayton v. Hon. Kenworthy et al. This month, the Arizona Court of Appeals issued its opinion in Clayton v. Hon. Kenworthy et al., regarding an unrecorded Rule 35, Ariz. R. Civ. P. neuropsychological examination. Background In Clayton, the mother of a six-year-old child who suffers from bilateral hearing loss and cerebral palsy, among other disabilities, sued her son’s doctors and hospital for medical malpractice on her son’s behalf for negligently delivering him and causing…
Earlier this week, on July 21, 2020, the Arizona Court of Appeals issued a new opinion affecting children with autism in Arizona. In A.C. v. ADES/DDD, the Court reversed the Arizona Department of Economic Security’s decision that A.C., an eight-year-old child with an undisputed qualifying diagnosis of autism, was no longer eligible to receive ADES’ Department of Developmental Disabilities’ (DDD) services, despite the fact that A.C. had been receiving DDD services since he was four-years-old.…
On June 23, 2020, the Arizona Court of Appeals issued its opinion concerning In Re: MH2019-004895, vacating the trial court’s order for involuntary treatment because the trial court improperly allowed the patient’s clinical liaison to testify about confidential information in violation of the behavioral health professional-client privilege. This opinion has several important changes and clarifications for our behavioral healthcare clients. The Behavioral Health Professional-Client Privilege Is BroadFirst, the opinion re-establishes the concept of a behavioral health…
Dickinson Wright PLLC is pleased to announce that Gregory W. Moore (Member, Troy) has been appointed Vice Chair – Educational Programming of the Behavioral Health Task Force for the American Health Law Association (AHLA). The appointment is effective July 1, 2020. The Behavioral Health Task Force is committed to advancing the understanding of laws impacting behavioral health, including the delivery of and reimbursement for such services. The Task Force monitors and evaluates these laws and…
In this country, people who need Substance Use Disorder (SUD) treatment often choose not to pursue professional treatment, not because of the cost, but because there is a societal negative stigma attached to the disease.  In 1975, the federal government acted to eliminate the stigma and simultaneously encourage people suffering from SUD to voluntarily ask for help through enactment of vigorous regulations prohibiting the disclosure of SUD records created through programs receiving federal money.  The…