Articles Posted in addiction

September is National Recovery Month and is an observance held every September to promote and support new evidence-based treatment and recovery practices, the emergence of a strong proud recovery community, and the dedication of service providers and community members across the nation who make recovery in all its forms possible.

Mental health and substance use disorders affect all communities nationwide, with commitment and support, those impacted can embark on a journey of improved health and overall wellness. The focus of National Recovery Month this September is to celebrate all people that make the journey of recovery possible by embracing the 2021 theme, Recovery is For Everyone: Every Person, Every Family, Every Community.” National Recovery Month spreads the message that people can and do recover every day.

Mental health and substance use disorders affect people from all walks of life and all age groups. These illnesses are common, recurrent, and often serious, but they are treatable, and many people do recover. Mental disorders involve changes in thinking, mood, and/or behavior. These disorders can affect how individuals relate to others and make choices. Reaching a level that can be formally diagnosed often depends on a reduction in a person’s ability to function because of the disorder. For example:

On Friday September 25, 2020, California Governor Gavin Newsom signed a law that strengthens and expands mental health parity protections in California. This law amends the California Mental Health Parity Act by adding significant new protections that are good news for participants in both group and individual healthcare insurance policies (including disability policies that cover healthcare), and bad news for insurance companies that have continued to unfairly deny medically necessary coverage for the treatment of mental health and substance use disorders. Co-Founding Partner Lisa S. Kantor, working with other mental health advocates and one of the bill’s sponsors, was instrumental in the development of this law.

Among other highlights, the new law now covers all generally recognized mental health disorders as well as substance use disorders, whereas the prior law only covered a list of nine mental health disorders that were deemed severe. The legislature found the prior list was “not only incomplete and out-of-date, but also fails to encompass the range of mental health and substance use disorders whose complex interactions are contributing to overdose deaths from opioids and methamphetamines, the increase in suicides, and other so-called deaths of despair.”

The law clarifies that insurers must cover treatment at all intermediate levels of care for mental health and substance use disorders, including residential care, partial hospitalization, and intensive outpatient treatment. The legislation expressly cites two groundbreaking decisions in cases brought by Kantor & Kantor’s Co-Founding Partner  Lisa KantorHarlick v. Blue Shield of California, and Rea v. Blue Shield of California – in which courts in California required residential treatment be covered under the prior law. Nevertheless, insurers have continued to insist that the California Mental Health Parity Act does not mandate necessary residential treatment for mental health disorder patients, an argument that should no longer be viable.

The opioid epidemic has impacted us all in some way. Everyone has a friend or a family member whose lives were affected by this growing crisis. Drug overdoses have contributed to lowering the life expectancy of the average American. Because of the stigma attached to addiction, America has been slow to react to the epidemic and work with those afflicted with addiction to come to a solution to the problem.

Sadly, greed fueled the epidemic when some companies realized they could profit by encouraging doctors to over-prescribe medications and hide information about the addictiveness of opioids. Drug manufacturers have spent millions marketing to doctors and patients, often minimizing information about potential side effects – including the strong addictive nature of opioids. Litigation is plentiful against the companies that produced and marketed opioids to the public.  One example is in Massachusetts, where the attorney general has brought a lawsuit against Purdue Pharma – the company that manufactures Oxycontin – for unfair and deceptive trade practices.

You can read this article to learn more about the unfair deceptive marketing done by Purdue Pharma here.

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