News & Analysis as of

Health Care Providers Mental Health Consent

Holland & Knight LLP

New Illinois Law Restricts Use of AI in Mental Health Therapy

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Illinois has become one of the first states to formally regulate the use of artificial intelligence (AI) in therapy and psychotherapy services. Enacted Aug. 1, 2025, the Wellness and Oversight for Psychological Resources Act...more

Baker Donelson

Illinois Passes Extensive Law Regulating AI in Behavioral Health

Baker Donelson on

On August 4, 2025, Illinois enacted the Wellness and Oversight for Psychological Resources Act (HB 1806) (the Act), imposing sweeping restrictions on the use of Artificial intelligence (AI) in the delivery of therapy and...more

Robinson+Cole Data Privacy + Security Insider

Illinois Enacts Act Prohibiting AI Therapy

On August 4, 2025, Illinois Governor JB Pritzker signed the Wellness and Oversight for Psychological Resources Act into law, which went into immediate effect, and “prohibits anyone from using AI to provide mental health and...more

Dentons

Ep. 54 – Situations to Address in Your Minor Consent Policies – Part 2

Dentons on

Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Dentons

Ep. 53 – Situations to Address in your Minor Consent Policies – Part I

Dentons on

Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Procopio, Cory, Hargreaves & Savitch LLP

Time for California Healthcare Providers to Review Policies Regarding Mental Health Treatment of Minors

Now is the time for California healthcare providers working with minors to consider updating any policies or training on minor consent for mental health treatment or counseling on an outpatient basis and residential shelter...more

Benesch

REMINDER: Washington’s “My Health My Data” Act Now In Effect

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Washington’s My Health My Data Act implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. As of March 31, 2024 the Washington My Health My...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Healthcare Compliance at the Border

Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simple and adds complexity when it comes to undocumented immigrants. As Lesley Anne Durant, Senior Corporate...more

Holland & Hart - Health Law Blog

Minors' Ability to Consent to Medical Treatment Under Utah Law

Medical providers are sometimes faced with the difficult scenario of a minor (under 18 years of age) requesting medical or mental health treatment without a parent's or legal guardian's consent. This situation often arises in...more

K&L Gates LLP

K&L Gates Triage: Modernizing Confidentiality Rules for Substance Use Disorder Records (Again): 2019 Proposed Changes to 42 CFR...

K&L Gates LLP on

This week’s episode is the second in an ongoing series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the...more

Holland & Hart - Health Law Blog

Mental Holds in Idaho

In Idaho, a competent patient generally has the right to consent to or refuse their own healthcare. By statute, Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any...more

Ruder Ware

HIPAA this, HIPAA that. Everything is a HIPAA issue. Deconstructing the "HIPAA Bias."

Ruder Ware on

HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively. Most staff at your average health care facility know about HIPAA and that it protects the...more

Epstein Becker & Green

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Ward and Smith, P.A.

Substance Use Disorder Treatment Providers: Time for a Compliance Check

Ward and Smith, P.A. on

On January 18, the Substance Abuse and Mental Health Services Administration ("SAMHSA"), an agency of the United States Department of Health and Human Services, issued a Final Rule amending the Confidentiality of Alcohol and...more

Foley & Lardner LLP

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

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