Mental Health Matters

The newsletter of the ISBA’s Mental Health Law Section

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2017 Articles

21st Century Cures Bill includes important changes to Federal mental health policy and funding By Mark Heyrman February 2017 A summary of the key changes to federal mental health law and policy contained in the new "21st Century Cures" Act.
Alternative court aims to keep the mentally ill from repeat criminal acts By Judith Miller December 2017 With more than a decade of statistics available since the inception of the Treatmetn Alternative Court in the 16th Judicial Circuit, Kane County has contracted with Aurora University to conduct a full analysis of the impact of TAC. Pursuant to the Mental Health Treatment Act, the county’s study will include an analysis of recidivism rates.
Appellate update By Barbara Goeben June 2017 Recent cases of interest to mental health practitioners.
The Awakenings Project facilitates empowerment, advances recovery By Irene Lamb O’Neill & Robert King Lundin December 2017 People familiar with psychiatric illnesses understand the painful loss of purpose and self-esteem that often accompanies these disorders. The arts can heal some of these wounds, providing individuals who struggle with these disabling illnesses hope, purpose and a sense of identity.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination? By Albert E. Durkin February 2017 Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
The case for agreed outpatient in Illinois By Matthew R. Davison September 2017 The number of Illinois agreed outpatient orders are few and far between, but this is changing.
Choosing a safe and effective mental health application: Understanding what factors should be considered to protect patients from a lack of FDA regulation By Sarah Costa February 2017 Most mental health apps do not change a phone into a medical device, nor are they intended to be used as an accessory to an already regulated medical device. As such, most will avoid FDA regulation.
Editor’s note By Sandra Blake December 2017 An introduction to the issue from Editor Sandra Blake.
A final court’s not-so-final words By Matthew R. Davison June 2017 Practitioners must remember to consider other resources and authority outside of applicable case law or risk overlooking critical developments stemming from both decisions.
Letter from the Chair By Rob Connor September 2017 A message from 2017-18 Section Chair Rob Connor.
Letter from the Chair By Joseph T. Monahan June 2017 A message from Section Chair Joseph Monahan.
Letter from the Chair By Joseph T. Monahan February 2017 A message from Section Chair Joseph Monahan.
McWilliams v. Dunn: An unseemly maneuver or a necessary compromise? By Matthew R. Davison September 2017 Of all the cases from the Court’s recent October term, McWilliams carried significant implications for the capital bar, as well as for those practitioners representing clients with mental illness.
Mental health treatment inside the Illinois prison system and upon release from prison By Dara M. Bass June 2017 The Section Council recently welcomed attorney Stuart Chanen to discuss mental health statistics and issues within Illinois' prison population.
Overview of the healthcare landscape as it relates to Medicaid managed care By Dara M. Bass June 2017 A Request for Proposals (RFP) has been issued to determine what the changes to Medicaid might be, and it's likely to create a number of different changes in Medicaid for the state of Illinois.
A resolution for 2017: Giving serious consideration to outpatient treatment By Matthew R. Davison February 2017 This article highlights the new Cook County Assisted Outpatient Treatment Program and is meant to spur further contemplation and dialogue among those providers not participating in the program about how outpatient treatment demands serious consideration now, more than ever.
Summary of appellate opinions By Andreas Liewald September 2017 Recent cases of interest.
Summary of “Innovations in Mental Health Law: Outpatient Treatment in Illinois” By Dara M. Bass September 2017 On May 17, 2017, the ISBA Mental Health Law Section Council hosted a CLE event focused on the innovations in mental health law surrounding outpatient treatment.