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Juvenile Competency Complications: Protocol, Unmet Needs, Developmental Immaturity, FASD, and Comorbidity
Am J Law Med. 2023 Jul;49(2-3):173-192. doi: 10.1017/amj.2023.26. Epub 2024 Feb 12.ABSTRACTThis Article focuses on unifying the protocol for state competency evaluations, but with special concerns about undiagnosed FASD and developmental immaturity in adolescents. States do not mandate any process whereby psychometric tests are first performed prior to psychiatric mental status evaluations, often causing disparities in evaluations which might easily be avoided in court proceedings. Adding to the complications in current competency evaluations are recent studies from Canada and Australia identifying exceptionally high rates...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: David R Katner Source Type: research

How Does Medicaid Managed Care Address the Needs of Beneficiaries with Opioid Use Disorders? A Deep Dive into Contract Design
In this study, researchers reviewed the provisions of 15 state Medicaid managed care contract related to substance use disorder (SUD) treatment to identify whether certain elements of SUD treatment were a stated expectation and the extent to which the details of those expectations varied across states in ways that ultimately could affect evaluation of performance and health outcomes. We found that while all states include SUD treatment as a stated contract expectation, discussions around coverage of specific services and nationally recognized guidelines varied. These variations reflect key state choices regarding how much ...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Rebecca Morris Sara Rosenbaum Colleen Grogan Meredith Rhodes Christina Andrews Source Type: research

Mental Health Parity Arguments for Accessing Gender Affirmation Surgery
Am J Law Med. 2023 Jul;49(2-3):386-395. doi: 10.1017/amj.2023.39. Epub 2024 Feb 12.ABSTRACTMany insurers exclude coverage for transgender individuals. Litigation challenging these exclusions has increased. Most of these cases successfully advance equality claims by arguing that trans exclusions discriminate based on sex. That is, procedures performed on patients for reasons unrelated to gender affirming care are being denied to transgender individuals. There are, however, limitations to this argument. First, some courts may construe care narrowly and hold that some procedures are unique to gender affirming care that have n...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Craig Konnoth Source Type: research

The Right to Construct Yourself and Your Identity: The Current Human Rights Law Framework Falls Short in Practice in the Face of Illegitimate Interference to the Mind
This article investigates the extent to which international human rights law affords protection against manipulation techniques such as microtargeting and behavioral reading, which can negatively impact individuals' mental health and autonomy by threatening their right to construct their own identity. The right to freedom of thought in the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (Article 18), and the European Convention on Human Rights (Article 9) offers absolute protection to individuals' inner selves and covers the protection against manipulation on pap...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Emine Ozge Yildirim-Vranckaert Source Type: research

The Causes of Minor Suicide: How the Restatement Approach to Foreseeability & amp; Scope of Liability Fails to Act as a Deterrent
Am J Law Med. 2023 Jul;49(2-3):396-413. doi: 10.1017/amj.2023.40. Epub 2024 Feb 12.ABSTRACTSuicide is one of the most common causes of death among individuals younger than eighteen years old. While psychological and social sciences continue to study the causes of the increasing prevalence of suicide in children and teens, the law largely continues to treat suicide as an isolated event. This Note tracks the historical treatment of suicide both under tort and criminal law, supporting the shift away from the traditional view of suicide towards one that more closely aligns with the growing understanding of the many factors tha...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: John W Toomey Source Type: research

Crime, Incarceration, and Dementia: An Aging Criminal System
Am J Law Med. 2023 Jul;49(2-3):193-204. doi: 10.1017/amj.2023.27. Epub 2024 Feb 12.ABSTRACTDementia within the criminal system, from arrest through incarceration, has been largely ignored. While the health system has begun grappling with the chronic conditions that will accompany an aging society, the criminal system has yet to meaningfully respond. Dementia is a clinical syndrome characterized by impairment in cognitive domains (memory, executive function, visuospatial). Additionally, dementia often includes behavioral symptoms that increase the likelihood that an individual's actions may violate social norms and in some ...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Jalayne J Arias Lillian Morgado Ana Tyler Source Type: research

The Future of Behavioral Health: Can Private Equity and Telehealth Improve Access?
Am J Law Med. 2023 Jul;49(2-3):314-338. doi: 10.1017/amj.2023.34. Epub 2024 Feb 12.ABSTRACTTreatment of mental illness in the United States is woefully inadequate. One-third of adults report having a mental health condition or substance use disorder, but less than half receive treatment for their condition.Access is the problem. The U.S. is short on mental health professionals: more psychiatrists are needed and psychologists and social workers are overextended. Proposed solutions are to (1) increase reimbursement rates for psychiatrists and other mental health practitioners, and (2) use a wider range of providers, includin...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Barry Furrow Source Type: research

What Does "Least Restrictive" or "Less Restrictive" Mean in Mental Health Law? Contradictions and Confusion in the Case of Queensland, Australia
Am J Law Med. 2023 Jul;49(2-3):286-300. doi: 10.1017/amj.2023.32. Epub 2024 Feb 12.ABSTRACTMost legal systems in the West allow for involuntary treatment of mental illness, usually on the basis that without such treatment the person would be a danger to themselves or others. While historically the mental health law jurisdiction has been a protective one, it has become increasingly influenced by civil rights and international human rights law, which privilege the value of autonomy and the right to personal liberty.In this regard, an important principle that has developed is that decisions about treatment for mental illness ...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Julia Duffy Sam Boyle Katrine Del Villar Source Type: research

Reshaping Insanity in Pakistani Law: The Case of Safia Bano
Am J Law Med. 2023 Jul;49(2-3):301-313. doi: 10.1017/amj.2023.33. Epub 2024 Feb 12.ABSTRACTThis Article analyzes the 2021 judgment of the Supreme Court of Pakistan in the case of Mst. Safia Bano v. Home Department, Government of Punjab. The case has garnered significant local and international attention due to the Court's ruling that a death sentence may not be carried out on a defendant who has a mental illness. Setting the case against the backdrop of Pakistan's Islamic and colonial contexts, this article argues that the Supreme Court has reshaped the insanity defense in Pakistani law by placing the determination of a de...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Muhammad Ahmad Munir Brian Wright Source Type: research

"The Timeless Explosion of Fantasy's Dream": How State Courts Have Ignored the Supreme Court's Decision in < em > Panetti v. Quarterman < /em >
Am J Law Med. 2023 Jul;49(2-3):205-233. doi: 10.1017/amj.2023.28. Epub 2024 Feb 12.ABSTRACTMultiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness "obstruct[ed] a rational understanding of the State's reason for his execution."However, the first empirical studies of how Panetti...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Michael L Perlin Talia Roitberg Harmon Maren Geiger Source Type: research

Monitoring Mental Health: Legal and Ethical Considerations of Using Artificial Intelligence in Psychiatric Wards
Am J Law Med. 2023 Jul;49(2-3):250-266. doi: 10.1017/amj.2023.30. Epub 2024 Feb 12.ABSTRACTArtificial intelligence (AI) is being tested and deployed in major hospitals to monitor patients, leading to improved health outcomes, lower costs, and time savings. This uptake is in its infancy, with new applications being considered. In this Article, the challenges of deploying AI in mental health wards are examined by reference to AI surveillance systems, suicide prediction and hospital administration. The examination highlights risks surrounding patient privacy, informed consent, and data considerations. Overall, these risks ind...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Barry Solaiman Abeer Malik Suhaila Ghuloum Source Type: research

"Forwards, Not Backwards": How the U.S. Supreme Court May Save the Plight of Individuals with Mental Disabilities
Am J Law Med. 2023 Jul;49(2-3):234-249. doi: 10.1017/amj.2023.29. Epub 2024 Feb 12.ABSTRACTWhen federal district court Judge Carlton Reeves penned his opinion in U.S. v. Mississippi,1 the case that seemed poised to overhaul Mississippi's suffering mental health system, he began with the story of Ms. Melanie Worsham, a mental health patient, also a certified peer support specialist. Ms. Worsham works to help those like herself who suffer with lifelong serious mental illness (SMI) to "overcome the obstacles that might be getting in their way of living the life they want to live." She also assists those with SMI by aiding in ...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Angela Dixon Source Type: research

Mental Health Matters: A Look At Abortion Law Post- < em > Dobbs < /em >
This article will discuss the role a mental health exception plays in state abortion statutes by analyzing the impact of pregnancy on mental health and resources available to support those who experience mental health impacts during pregnancy while, simultaneously, advocating for the inclusion of a mental health exception in state abortion laws.PMID:38344797 | DOI:10.1017/amj.2023.38 (Source: American Journal of Law and Medicine)
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Lauren B Solberg Kristin Telford Source Type: research

ALGORITHMS, ADDICTION, AND ADOLESCENT MENTAL HEALTH: An Interdisciplinary Study to Inform State-level Policy Action to Protect Youth from the Dangers of Social Media
Am J Law Med. 2023 Jul;49(2-3):135-172. doi: 10.1017/amj.2023.25. Epub 2024 Feb 12.ABSTRACTA recent Wall Street Journal investigation revealed that TikTok floods child and adolescent users with videos of rapid weight loss methods, including tips on how to consume less than 300 calories a day and promoting a "corpse bride diet," showing emaciated girls with protruding bones. The investigation involved the creation of a dozen automated accounts registered as 13-year-olds and revealed that TikTok algorithms fed adolescents tens of thousands of weight-loss videos within just a few weeks of joining the platform. Emerging resear...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Nancy Costello Rebecca Sutton Madeline Jones Mackenzie Almassian Amanda Raffoul Oluwadunni Ojumu Meg Salvia Monique Santoso Jill R Kavanaugh S Bryn Austin Source Type: research

Supporting an Invisible Workforce: The Case for the Creation of the Home Healthcare Workers Support Act
Am J Law Med. 2023 Jul;49(2-3):349-358. doi: 10.1017/amj.2023.36. Epub 2024 Feb 12.ABSTRACTThis Article seeks to synthesize academic research on home healthcare workers during the COVID-19 pandemic to understand how their workplace challenges were magnified. Crisis communication researchers note that a crisis provides both opportunities and threats for growth. This Article argues that many of the issues that have impacted home healthcare workers have always been present, but the pandemic allows policy makers the ability to see them clearly because the pandemic brought a spotlight to the issues that home healthcare workers ...
Source: American Journal of Law and Medicine - February 12, 2024 Category: Medical Law Authors: Sabrina Singh Source Type: research