Behavioral Health Law Ledger | March 2024

The March 2024 issue of Greenberg Traurig’s quarterly Behavioral Health Law Ledger discusses HHS’s final rule modifying the confidentiality regulations applicable to substance use disorder treatment records, the introduction of a new funding model intended to test approaches for addressing the physical and behavioral health needs of people with Medicaid and Medicare, and Colorado’s new commissioner of the Behavioral Health Administration.
HHS Publishes Final Rule Modifying 42 C.F.R. Part 2
On Feb. 16, 2024, the U.S. […]

By | March 13th, 2024 ||

Fiduciaries Beware: Employer Health Plan Under Fire For Alleged Prescription Drug Mismanagement

An employer health plan is the latest target of class action litigation seeking redress for the alleged conduct of the plan’s pharmacy benefit manager (“PBM”).

On February 5, 2024, a Johnson & Johnson employee filed a proposed class action in federal court in the District of New Jersey for breach of fiduciary duty against the company, its benefits committee, and individual committee members. The plaintiff alleged that the defendants failed to properly manage the company’s […]

By | March 12th, 2024 ||

5th Circuit Questions Standing In ACA Trans Healthcare Battle

A three-judge panel of the U.S. Court of Appeals of the Fifth Circuit heard oral arguments in the federal government’s appeal of a U.S. District Court judge’s ruling invalidating Section 1557 of the Affordable Care Act (ACA), which bans healthcare discrimination. The case is Neese v. Becerra, case number 23-10078, U.S. Court of Appeals for the Fifth Circuit.

During oral arguments, the appellate panel appeared skeptical that two Texas doctors had standing to sue over a […]

By | March 12th, 2024 ||