Mental Health Law Report articles from June 2004

Mental Health Law Report archives from June 2004

New ruling in ADA's favor has limits; impact on mental health cases unclear.(Analysis: the lane decision, Americans with Disabilities Act, Tennessee v. Lane)
June 1, 2004... A narrow ruling has dampened enthusiasm for a U.S. Supreme Court decision upholding the right to sue states under the Americans with Disabilities Act (ADA), as the success of future suits might depend on the details. In Tennessee v. Lane,...

Case probably will become precedent; states will try to avoid future lawsuits.(Tennessee v. Lane)
June 1, 2004... The narrow U.S. Supreme Court decision in Tennessee v. Lane will be enough to encourage future suits against state governments, legal advocates say, but they do not agree on the degree to which hordes of people will count on courts for relief....

Inconsistencies in sex offender laws suggest challenge is warranted.(Williams v. Meyer, 6th U.S. Circuit Court of Appeals, Michigan)
June 1, 2004... Williams v. Meyer No. 01-1951 6th U.S. Circuit Court of Appeals A defendant held under an outdated sexual offender law had the right to challenge the use of conflicting statutory language to justify his commitment, a three-judge...

Without exception, confidentiality trumps duty to warn, court rules.(U.S. v. Chase, 9th U.S. Circuit Court of Appeals)
June 1, 2004... U.S. v. Chase No. 01-30200 9th U.S. Circuit Court of Appeals The court sharply curtailed a psychotherapist's duty to warn, finding that the doctrine of confidentiality between psychotherapist and patient should not be compromised...

Juries can consider fault of victim in determining liability in suicides.(Maunz v. Perales, Supreme Court of Kansas)
June 1, 2004... Maunz v. Perales No. 88,124 Supreme Court of Kansas A defense can argue that a person committing suicide shares part of the blame for his death, a state Supreme Court justice ruled. A jury's evaluation of comparative fault...

For first time, circuit court grants right to services under Medicaid.(Sabree v. Richman, 3rd U.S. Circuit Court of Appeals, Pennsylvania)
June 1, 2004... Sabree v. Richman No. 03-1226 3rd U.S. Circuit Court of Appeals Medicaid beneficiaries "clearly and unambiguously" have a right to community-based services, and are not prohibited from suing states to assure they get them, the...

Involuntary commitment.(State v. March, Supreme Court of Connecticut)(Brief Article)
June 1, 2004... State v. March SC 16776 Supreme Court of Connecticut A defendant who drowned her infant while in a dissociative psychotic state did not make the case that she should be discharged from civil commitment just because the lower court...

Court upholds Michigan drug program opposed by mental health advocates.(Pharmaceutical Research and Manufacturers of America v. Thompson, U.S. Department of Health and Human Services, U.S. Court of Appeals for the District of Columbia)
June 1, 2004... Pharmaceutical Research and Manufacturers of America v. Thompson No. 03-5117 U.S. Court of Appeals for the District of Columbia Requiring prior authorization before approving a drug under Medicaid does not constitute a...

Mitigating circumstances.(Case Briefs, Stewart v. State, Supreme Court of Florida, death sentence)(Brief Article)
June 1, 2004... Stewart v. State No. SC01-1998 Supreme Court of Florida A death sentence was not disproportional even with 25 mitigating factors and only three aggravating factors, since proportionality should be a qualitative, and not a...

Insanity defense.(Case Defense, Commonwealth v. McGill, Supreme Court of Pennsylvania, trial counsel services)(Brief Article)
June 1, 2004... Commonwealth v. McGill NO. 225 CAP Supreme Court of Pennsylvania A trial counsel was not ineffective for failing to present diminished capacity or insanity defenses at trial, given evidence that the inmate was competent to stand...

Malpractice.(Case Briefs, Dawson v. The Menninger Clinic, Supreme Court of Kansas, emotional distress claim)(Brief Article)
June 1, 2004... Dawson v. The Menninger Clinic No. 88,077 Supreme Court of Kansas The court dismissed an infliction of emotional distress claim against a psychiatrist and determined that the patient's main witness did not know her well enough to...

Confidentiality kept.(Substance Abuse and Mental Health Services Administration, Drug addicts, medical records)(Brief Article)
June 1, 2004... CONFIDENTIALITY KEPT--The Substance Abuse and Mental Health Services Administration (SAMHSA) decided against proposing any changes to its requirements for the confidentiality of alcohol and drug abuse patient records. For related documents,...

Patient privacy.(Case Briefs, Rodgers v. Banks)
June 1, 2004... Rodgers v. Banks No. 01-4034 6th U.S. Circuit Court of Appeals A psychiatric hospital improperly fired its director of quality management for writing to the CEO complaining about the lack of patient privacy, a three-judge panel...

Tallulah closes.(Detention facilities, Louisiana)(Brief Article)
June 1, 2004... TALLULAH CLOSES--One of the nation's most controversial detention facilities, in Tallulah, La., is closing down after a stormy decade. The center, which was used for the state's most severe juvenile offenders, brought an outcry from human...

Senate bill eases discipline provisions, moves one step closer to full funding.(Legislative Update, Individuals with Disabilities Education Act, federal special education law)
June 1, 2004... The Senate has reauthorized the federal special education law with language largely supported by the mental health law advocacy community. S. 1248 counterbalances a reauthorization of the Individuals with Disabilities Education Act (IDEA)...

Law granting prescription privileges rekindles turf war of two professions.(Legislative Update, Louisiana, psychologists and psychiatrists)
June 1, 2004... Louisiana has become the second state to allow psychologists to prescribe medications, a privilege condemned by the psychiatric community. The new law, similar to one that passed in New Mexico in 2002, limits prescription privileges to...

Sex offender registry.(North Dakota)(Brief Article)
June 1, 2004... SEX OFFENDER REGISTRY--Sen. Byron Dorgan (D-N.D.) has introduced S. 2154 to create a national sex-offender registry. The bill also would require notification of states' attorneys about future releases of offenders and establish a one-year...

Monitoring SSI.(Social Security Administration's Supplemental Security Income program)(Brief Article)
June 1, 2004... MONITORING SSI--The House Ways and Means Subcommittee on Human Resources has recently conducted two oversight hearings on the travails of the Social Security Administration's (SSA) Supplemental Security Income (SSI) program. Chairman Wally...

Parity postponed.(Mental health parity, Capital Hill rally)(Brief Article)
June 1, 2004... PARITY POSTPONED--Organizers postponed a Capitol Hill rally for mental health parity scheduled for June 10 out of respect for former president Ronald Reagan, whose body was lying in state in the Capitol Rotunda that day. At press time, the...