Behavioral Health Practice

Practice Area

Behavioral Health Practice

Lewis Brisbois’s Behavioral Health Practice lawyers provide advice, education, counsel and litigation services to healthcare systems, hospitals, residential facilities, inpatient and outpatient treatment providers and industry organizations. Our attorneys have the knowledge and experience to help clients find solutions in the unique behavioral health environment.

Our team represented two hospital systems in the landmark Washington Supreme Court case In the matter of the Detention of D.W. et al., 332 P.3d 423, which held that the state’s involuntary treatment act does not authorize psychiatric boarding as a method to avoid overcrowding certified evaluation and treatment facilities.

Our work is driven not just by the needs of our clients but by the recognition that they serve patients who struggle with complicated mental and substance abuse disorders. We partner with our clients in improving their patients’ lives.

Litigation Services

  • Medical and mental health provider malpractice defense 
  • Civil commitment court litigation
  • Appeals
  • Corrections litigation
  • Class actions
  • Managed care
  • Workplace violence
  • Guardianships
  • Licensing matters and disciplinary proceedings
  • Certificate of need

Regulatory Compliance

  • EMTALA and other enforcement actions
  • Compliance with Medicare and Medicaid requirements
  • HIPAA and confidentiality, including:
    • Privacy standards
    • Standards for electronic transactions
    • Security standards
    • Breach notification and response
    • Part 2 substance abuse
  • Federal and state laws and regulations

Advice, Education & Counsel

  • Review and drafting of policies, procedures, and guidelines
  • Opinion letters
  • Medical decision making, surrogate decision-makers and consent issues
  • Capacity and competency
  • Risk management
  • Staff and leadership training
  • Minors and parent-initiated treatment
  • Geropsychiatry issues
  • Crisis management and media relations
  • Reimbursement and parity

Representative Cases & Projects

  • Two health systems in a landmark trial and ultimate appeal to the Washington Supreme Court, establishing the right of patients to appropriate mental health treatment when detained pursuant to civil commitment laws.
  • A state trade association in litigation involving hospitalization of court-committed individuals.
  • Obtained a court order for a community healthcare provider requiring the state hospital to admit a civilly committed patient; state hospital was fined and ordered to pay client’s attorney fees.
  • A medical and mental health provider for metropolitan jail in civil rights lawsuit involving death of inmate who suffered from mental disorder.
  • A subacute psychiatric facility against allegations of failure to prevent resident’s suicide.
  • A hospital client in obtaining summary judgment dismissal in case alleging failure to prevent suicide of minor patient.
  • Oregon- and Washington-based outpatient and residential health centers with multiple large-scale investigations.
  • Adult and minor inpatient psychiatric units with devising and drafting policies and procedures regarding admission of patients.
  • An integrated health system with evaluation of electronic health record (EHR) system and advice regarding storing and access to Part 2 substance abuse records.
  • Analyzed compliance issues related to medication-assisted treatment of substance abuse disorders.

The Behavioral Health Practice works with these other practices at Lewis Brisbois:

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