Joint Letter to ONDCP on Contingency Management
Written by Emily Wilkins (NABH) on . Posted in Letters.
SAMHSA Proposed Rule Permits Methadone Prescribing for New Patients via Telemedicine
Written by Emily Wilkins (NABH) on . Posted in Alerts.
- expanding the definition of an OTP treatment practitioner to include any provider who is appropriately licensed to dispense and/or prescribe approved medications. The current Part 8 rule defines a practitioner as being: “a physician who is appropriately licensed by the State to dispense covered medications and who possesses a waiver under 21 U.S.C.823(g)(2).” During the Covid-19 public health emergency, this has been formally expanded to align with broader definitions of a practitioner (nurse practitioners, physician assistants, etc.), and OTPs reported that this change was essential in supporting workflow and access;
- adding evidence-based delivery models of care, such as split dosing, telehealth, and harm-reduction activities;
- removing such outdated terms as “detoxification”;
- updating criteria for provision of take-home doses of methadone;
- strengthening the patient-practitioner relationship through promoting shared and evidence-based decision-making;
- allowing for early access to take-home doses of methadone for all patients, to promote flexibility in creating plans of care that facilitate such every-day needs as employment, while also affording people with unstable access to reliable transportation the opportunity to also receive treatment; likewise, promoting mobile medication units to expand an OTPs geographic reach; and
- reviewing OTP accreditation standards.
Biden Administration Launches Opioid Overdose Dashboard
Written by Emily Wilkins (NABH) on . Posted in Alerts.
CSOO Due Process Continuity of Care Act Letter
Written by Emily Wilkins (NABH) on . Posted in Letters.
Medicare Mobile Crisis Support Letter
Written by Emily Wilkins (NABH) on . Posted in Letters.
Senate Letter on Enhancing the Mental Health Workforce
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH CY2023 OPPS Comment Letter
Written by Emily Wilkins (NABH) on . Posted in Letters.
Rochelle Archuleta Joins NABH as Executive Vice President for Government Relations and Public Policy
Written by Emily Wilkins (NABH) on . Posted in News Releases.
NABH Comment Letter: Physician Fee Schedule ’23 Proposed Rule
Written by Emily Wilkins (NABH) on . Posted in Letters.
National Sign-on Letter: 988
Written by Emily Wilkins (NABH) on . Posted in Letters.
CMS RFI- Medicare Advantage
Written by Emily Wilkins (NABH) on . Posted in Resources.
Letter to Secretary Becerra on ASPR
Written by Emily Wilkins (NABH) on . Posted in Letters.
CEO Alliance for Mental Health Unified Vision 2022
Written by Emily Wilkins (NABH) on . Posted in Resources.
Letter to Sen. Schumer on DOL-CMP Authority for MHPAEA
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH’s Enhanced Denial-of-Care Portal is Now Available!
Written by Emily Wilkins (NABH) on . Posted in Alerts.
NABH Letter on Inpatient Mental Health Experience of Care RFI
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on IPF PPS and Quality NPRM
Written by Emily Wilkins (NABH) on . Posted in Letters.
Healthcare Groups Request Review of Three-Judge Panel’s Ruling in Wit v. United Behavioral Health
Written by Emily Wilkins (NABH) on . Posted in News Releases.
ONDCP Releases Plan to Reduce Methamphetamine Supply and Save Lives
Written by Emily Wilkins (NABH) on . Posted in Alerts.
NABH Response to RFI on Access to Coverage and Care in Medicaid and CHIP
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Response to RFI on Access to Coverage and Care in Medicaid and CHIP
President Biden Sends National Drug Control Policy to Congress
Written by Emily Wilkins (NABH) on . Posted in Alerts.
NABH Supports BHIT Now Act
Written by Emily Wilkins (NABH) on . Posted in Statements.
Thorn Run Partners Memo: Medicare & Medicaid PHE Flexibilities
Written by Emily Wilkins (NABH) on . Posted in Letters.
President Biden’s 2023 Budget Seeks to Transform U.S. Behavioral Healthcare Delivery
Written by Emily Wilkins (NABH) on . Posted in Analysis.
- $413 million to SAMHSA in FY 2023, and $4.1 billion over 10 years, for community health centers
- A $238 million increase above the FY 2022 enacted level in funding for Certified Community Behavioral Health Center Expansion Grants
- An increase in the amount of Mental Health Block Grant funds reserved for crisis intervention services to 10% from 5%
- An investment of $11.4 billion, including $10.8 billion in discretionary funding, in programs addressing opioids and overdose-related activities across HHS.
NABH Issue Brief: Details About 9th U.S. Circuit Court of Appeals Ruling to Overturn Wit v. United Behavioral Health Decision
Written by Emily Wilkins (NABH) on . Posted in Issue Brief.
- The original Wit decision determined that patients’ health and safety are protected when clinicians provide services consistent with GASC that are established by not-for-profit, professional associations, rather than insurance companies whose financial incentives often conflict with what is best for patients.
- The three-judge panel said it is “not unreasonable” for health insurers’ coverage determinations to be inconsistent with GASC; however, the trial court’s decision, including two 100-page decisions, described how UBH made medical coverage decisions based on financial interests.
- In its ruling, the appellate court’s three-judge panel did not cite one holding or one fact that the trial court concluded, despite the trial court’s exhaustive trial findings.
- The trial court’s decision explained UBH’s misrepresentation to regulators that UBH used American Society of Addiction Medicine (ASAM) criteria when, in fact, the company modified and ultimately undercut the actual ASAM criteria.
- The appellate court’s three-judge panel ruled that UBH is not obligated to cover treatment consistent with GASC if the treatment is not a covered benefit; however, the plaintiffs did not argue that UBH was obligated to cover all services consistent with GASC. Instead, the plaintiffs argued that if services—such as outpatient, intensive outpatient, and residential treatment—are covered benefits, UBH must make medical necessity determinations that are consistent with GASC.
CEO Alliance for Mental Health Launches Campaign to Drive 988 Crisis Hotline Preparedness
Written by Emily Wilkins (NABH) on . Posted in News Releases.
NABH Submits Comments to CMS About MA Network Adequacy
Written by Emily Wilkins (NABH) on . Posted in Letters.
President Biden’s First State of the Union to Include Strategy to Address U.S. Mental Health Crisis
Written by Emily Wilkins (NABH) on . Posted in Alerts.
CMS Notice About Extraordinary Circumstance Exceptions
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on Benefit and Payment Parameters for 2023
Written by Emily Wilkins (NABH) on . Posted in Letters.
No Surprises Act Interim Final Rules Sign-On Letter
Written by Emily Wilkins (NABH) on . Posted in Letters.
MHPAEA Fact Sheet
Written by Emily Wilkins (NABH) on . Posted in Resource.
MHPAEA 2022 Report to Congress
Written by Emily Wilkins (NABH) on . Posted in Letters.
OSHA Workplace Violence Prevention Standard Fact Sheet
Written by Emily Wilkins (NABH) on . Posted in Resource.
CMS Issues Guidance on Covid-19 Vaccination Requirements for Most Medicare- and Medicaid-Certified Providers
Written by Emily Wilkins (NABH) on . Posted in Issue Brief.
- Have policies and procedures developed and implemented to ensure all facility staff are vaccinated; and
- 100% of staff have received at least one dose of Covid-19 vaccine, or have requested an exemption due to a disability or sincerely held religious beliefs, or must wait to receive the vaccine as the Centers for Disease Control and Prevention (CDC) recommends.
- Facilities that fail to meet this requirement will receive notice of non-compliance, but those that are above 80% and have a plan to achieve 100% staff vaccination within 60 days will not be subject to additional enforcement action.
- Have policies and procedures developed and implemented to ensure all facility staff are vaccinated; and
- 100% of staff have received completed vaccine series or been granted an exemption due to a disability, or sincerely held religious beliefs, or must wait to receive the vaccine as the CDC recommends.
- Facilities that fail to meet this requirement will receive notice of their non-compliance, but those that are above 90% and have a plan to achieve 100% staff vaccination within 30 days will not be subject to additional enforcement action.
- Each staff member’s (including contractors, volunteers, and students) vaccination status including specific vaccine, date of each dose, and date of next scheduled dose as well as each staff’s role, assigned work area, and how they interact with patients;
- Staff who have obtained any booster doses (including specific vaccine and date);
- Staff granted an exemption (including type of exemption and supporting documentation including documentation signed and dated by a licensed practitioner for medical exemptions);
- Staff for whom vaccination must be temporarily delayed (including date when staff can safely be vaccinated); and
- Staff who telework full-time.
- A hospital or PRTF “has no or has limited access to vaccine, and the hospital [or PRTF] has documented attempts to obtain vaccine access (e.g., contact with health departments and pharmacies)”; or
- A hospital or PRTF “provides evidence that they have taken aggressive steps to have all staff vaccinated, such as advertising for new staff, hosting vaccine clinics, etc.”
NABH Comments on Omnibus Covid Vaccine IFR
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on Surprise Billing
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Letter to CMS on Proposed Measures for IPFQRP
Written by Emily Wilkins (NABH) on . Posted in Letters.
SAMHSA Extends Take-Home Methadone Flexibilities to OTPS for One Year
Written by Emily Wilkins (NABH) on . Posted in Alerts.
Behavioral Health Organizations Release Plan for 988 Crisis Hotline Response
Written by Emily Wilkins (NABH) on . Posted in News Releases.
NABH Letter to Senators Cassidy and Murphy
Written by Administrator on . Posted in Letters.
Joint Letter to OSHA on Workplace Violence
Written by Administrator on . Posted in Letters.
CMS to Require COVID-19 Vaccinations for Medicare and Medicaid Providers
Written by Administrator on . Posted in Resources.
- CMS is requiring that all staff of certain providers and suppliers participating in the Medicare or Medicaid programs receive the COVID-19 vaccine.
- The IFR does not allow for weekly testing in lieu of vaccination.
- The agency expressly preserves an employer’s right to require its employees to be fully vaccinated, regardless of the exemptions provided by the IFC.
- Background: On September 9, 2021 President Biden issued an executive order (EO) entitled “Path out of the Pandemic,” a multifaceted COVID-19 response plan that seeks to boost vaccinations and testing amid the surge in the delta variant. The President’s new plan focuses on six core components, including: (1) “Vaccinating the Unvaccinated;” (2) “Further Protection for the Vaccinated;” (3) “Keeping Schools Safely Open;” (4) “Increased Testing and Requiring Masking;” (5) “Protecting Our Economic Recovery”; and (6) “Improving Care for Those with COVID-19.” To further the mission of this EO, CMS and the Occupational Health Services Administration (OSHA) issued regulations requiring certain individuals in the workforce to be vaccinated against COVID-19. In today’s IFC, CMS indicates that providers and suppliers may be covered by both the OSHA rules and the CMS IFC.
- What’s Next? The final rule is expected to be published in the Federal Register on November 5, 2021, with an expected effective date of January 4, 2022. Comments to the IFC must be received no later than 60 days after the publication of the IFC in the Federal Register. While legal challenges to these guidelines are expected, CMS has already notably indicated in today’s IFC that, to the extent a court may enjoin any part of the rule, it intends that all other provisions or parts of provisions are to remain in effect.
- Applicable Entities — The IFC provides that Medicare- and Medicaid-certified providers and suppliers must require that all applicable staff are fully vaccinated for COVID-19. Specifically, the entities subject to these requirements include:
- ambulatory surgical centers (ASCs);
- hospices;
- psychiatric residential treatment facilities (PRTFs);
- programs of all-inclusive care for the elderly (PACE);
- hospitals, including acute care hospitals, psychiatric hospitals, long term care hospitals, children’s hospitals, hospital swing beds, transplant centers, cancer hospitals, and rehabilitation hospitals;
- long term care (LTC) facilities, including skilled nursing facilities (SNFs) and nursing facilities (NFs);
- intermediate care facilities for individuals with intellectual disabilities (ICFs-IID);
- home health agencies (HHAs);
- comprehensive outpatient rehabilitation facilities (CORFs);
- critical access hospitals (CAHs);
- clinics, rehabilitation agencies, and public health agencies as providers of outpatient physical therapy and speech-language pathology services;
- community mental health centers (CMHCs);
- home infusion therapy (HIT) suppliers;
- rural health clinics (RHCs)/federally qualified health centers (FQHCs); and
- end-stage renal disease (ESRD) facilities.
- In the IFC, CMS refers to the above facilities as residential congregate-care facilities, acute care settings, outpatient clinical care and services, and home-based care, generally. Notably, the requirements outlined in the IFC do not apply to assisted living facilities, group homes, or physician’s offices because they are not regulated by CMS health and safety standards.
- Applicable Staff — CMS is requiring that all staff, regardless of patient contact or clinical responsibility, be fully vaccinated against COVID-19. The IFC stipulates that facility employees; licensed practitioners; students, trainees, and volunteers; and individuals who provide care, treatment, or other services for the facility and/or its patients, under contract or other arrangement, are subject to this requirement. The agency notes that staff who perform their duties outside of a formal clinical setting — such as home health, home infusion therapy, hospice, PACE programs, and therapy staff — are not precluded from the rule. Further, CMS asserts that individuals who provide services 100 percent remotely — including fully remote telehealth or payroll services — are not subject to the vaccination requirements. However, staff that primarily provide services remotely via telework who occasionally encounter fellow staff are still bound by the rulemaking.
- Definition of “Fully Vaccinated” — Under the IFC, an individual is considered to be “fully vaccinated” if it has been two weeks or more since such individual completed a primary vaccination series defined as a single-dose or all doses of a multi-dose vaccine approved by the Food and Drug Administration (FDA). Importantly, individuals who receive vaccines listed by the World Health Organization (WHO) for emergency use but have not been approved or authorized by the FDA will also be counted as fully vaccinated for the purposes of the rulemaking. Additionally, individuals are not required to receive a booster or third dose of a vaccine in order to be considered fully vaccinated. However, providers and suppliers covered by the IFC must have a process for tracking and securely documenting the vaccination status of individuals who have obtained any booster.
- Exceptions — CMS is requiring that applicable providers and suppliers establish and implement a process to allow staff to request an exemption from COVID-19 vaccination requirements based on applicable Federal law. The agency cites certain allergies; recognized medical conditions; or religious beliefs, observances, or practices as possible grounds for exemption. Providers and suppliers covered by the IFC are also required to document exemption requests from the vaccine requirements as well as the outcomes of those requests. Further, the agency is requiring that all applicable providers and suppliers establish a process to ensure the implementation of additional precautions to mitigate the transmission of COVID-19 for all staff who are not fully vaccinated. Notably, CMS expressly preserves an employer’s right to require that employees be fully vaccinated, regardless of the exemptions provided by the IFC.
- Implementation — CMS is providing two implementation phases for the IFC in order to ensure efficiency in carrying out these requirements.
- Phase 1. This phase includes a large majority of provisions in the IFC, including requirements that: (1) all staff have received at least the first dose of the COVID-19 vaccine, or a single dose COVID-19 vaccine, or have requested and/or been granted a lawful exemption to the requirement and (2) facilities have developed and implemented the aforementioned policies and procedures. Phase 1 is effective 30 days after the publication of this IFC in the Federal Register.
- Phase 2. This phase requires that all applicable staff are fully vaccinated for COVID-19, unless granted an exception, which must be fully approved at this phase. Staff who have completed a primary vaccination series by this date are considered to have met these requirements, even if they have yet to complete the 14-day waiting period required for full vaccination. Phase 2 is effective 60 days after the publication of this IFC in the Federal Register.
- Enforcement — CMS plans to issue interpretive guidelines, which include state survey procedures, to aid in assessing compliance with the new requirements among providers and suppliers following the publication of this IFC. The agency provides that non-compliant facilities may be subject to civil money penalties, denial of payment for new admissions, or termination of their Medicare and Medicaid provider agreement.
- Other Provisions — This rule does not provide any prevention and control requirements for PRTFs, RHCs/FQHCs, and HIT suppliers. However, it does require that these entities create procedures in accordance with nationally recognized guidelines to limit the spread of COVID-19. Further, this IFC requires that providers and suppliers retain proper documentation of the vaccination status of each staff member, such as: (1) CDC COVID-19 vaccination card or legible photo of the card; (2) documentation of vaccination from a health care provider or electronic health record; or (3) a state immunization information system record.
NABH Letter to Senate Finance Committee
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH is Proud to Support the Sound the Alarm for Kids! Campaign
Written by Emily Wilkins (NABH) on . Posted in News Releases.
NABH Proposal to Senate Finance Committee on Improving Access to Mental Health and Addiction Treatment Services
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH and Other Organizations Applaud CDC for Adding Mental Illnesses to List of Underlying Conditions Associated with Higher Risk for Severe Covid-19.
Written by Emily Wilkins (NABH) on . Posted in News Releases.
Letter to Chairman Scott on USDOL CMP Parity Authority
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on Hospital Outpatient Prospective Payment System and Price Transparency of Hospital Standard Charges Proposed Rule
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on Physician Pay Schedule
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments on Surprise Billing
Written by Jessica on . Posted in Letters.
Multi-District Litigation Settlement
Written by Emily Wilkins (NABH) on . Posted in News Releases.
Advocacy Group Letter on Child Mental Health
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH and a coalition of over 500 national, state, and local organizations urge Congress to protect the federal Medicaid benefits of children in foster care by exempting QRTPs from the IMD exclusion
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Letter to Congress: Education Funding for Youth with Severe Behavioral Health Conditions
Written by Emily Wilkins (NABH) on . Posted in Letters.
CMS Proposes Audio-Only Communication for Telehealth to Treat Mental Health and Substance Use Disorders
Written by Emily Wilkins (NABH) on . Posted in Alerts.
Biden to Nominate Former West Va. Health Official Rahul Gupta as Drug Czar
Written by Emily Wilkins (NABH) on . Posted in Alerts.
NABH Letter to ONDCP: Consultation on National Drug Control Strategy
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Letter to OSHA on Emergency Temporary Standard
Written by Emily Wilkins (NABH) on . Posted in Letters.
The NABH Denial-of-Care Portal is Now Live!
Written by Emily Wilkins (NABH) on . Posted in Alerts.
Letter to United Healthcare on ED Policy
Written by Emily Wilkins (NABH) on . Posted in Letters.
NABH Comments to CMS on IPPS-IPF 2022
Written by Emily Wilkins (NABH) on . Posted in Letters.