Alaska Employment Law

Judge John Sedwick has held that the Protection and Advocacy for Individuals with Mental Illness Act of 1986 preempts the “peer review” privilege created by AS 18.23.030.

The Disability Law Center of Alaska sought a preliminary injunction forcing the North Star Behavior Health System to turn over records about the treatment of a North Star patient, after receiving a report of mistreatment from the patient’s parent.  Sedwick construed the motion as a request for a mandatory permanent injunction, consistent with his earlier holding in DLCA v. Anch. Sch. Dist., 2007 WL 2827532 (D.Alaska Sept. 26, 2007). 

He then held that the parent’s allegation that North Star had pulled the child’s hair may constituted a report of ”abuse” under PAIMI, thus supporting a legitimate need to investigate and request records.   Next, Sedwick held that PAIMI preempted the state privilege statute cited above, because it “directly conflicts with the disclosure requirements of PAIMI.”  He also invalidated the federal regulation (42 CFR § 51.41(c)(4)) that disclaims any intent to preempt state law, “because it is not a reasonable interpretation of the federal statute, and therefore must be rejected.”  Sedwick’s preemption holdings are matters of first impression in the 9th Circuit, though consistent with holdings in other circuits.

Disability Law Center of Alaska, Inc. v. North Star Behavior Health System, 3:07-00062-JWS, 2008 WL 853639 (D.Alaska Order of Mar. 27, 2008)

Holly Johanknecht and Megan Allison from the Disability Law Center represent the Center.   Linda Johnson from Clapp, Peterson in Anchorage represents North Star.