Biden Highlights Parity in National Recovery Month Proclamation
Today kicks off National Recovery Month, a nationwide observance every September since 1989 to promote and support new evidence-based treatment and recovery practices, the nation’s recovery community, and the dedication of service providers and communities who make recovery in all its forms possible.
In his
proclamation on the annual observance, President Biden noted that drug overdoses last year took more than 100,000 American lives and that addressing the country’s substance use disorder (SUD) crisis is a core pillar of his Unity Agenda.
“That work starts by fulfilling the promise of true parity for mental health and substance use disorder treatment for all Americans,” Biden said in the proclamation. “Mental health and substance use disorder care is healthcare. It is essential to people’s well-being — to their ability to lead full and productive lives, to find joy and meaning, to take care of themselves and their loved ones, and to give back to their communities and our nation,” he continued. “It is about dignity. Health insurers should cover it the same way they would cover treatment for a broken bone or any other kind of health condition. And since I took office, that is what we have been fighting to do.”
Click
here to access the Substance Abuse and Mental Health Services Administration (SAMHSA) National Recovery Month toolkit.
And please remember to follow NABH
@NABHBehavioral and on LinkedIn at the
National Association for Behavioral Healthcare to read and share our social media posts about National Recovery Month.
Appellate Court Vacates Earlier Ruling in Wit v. UBH Case
A three-judge panel in the 9
th U.S. Circuit Court of Appeals last week vacated its prior holdings in the ongoing
Wit v. United Behavioral Health (UBH) case for the second time and issued this
opinion.
NABH consultant
Meiram Bendat, JD, Ph.D, founder and president of Psych Appeal, summarized the decision: “Essentially, the appellate court affirmed the trial court’s findings that UBH’s medical necessity guidelines were inconsistent with generally accepted standards of care (GASC), but also held that the trial court erred in holding that UBH’s plans required it to cover all services consistent with GASC,” Bendat wrote, adding, “The appellate court affirmed the trial court’s class certification order to allow the classes to pursue their breach of fiduciary duty claim. The trial court findings that UBH violated the laws of jurisdictions requiring the use of state-mandated criteria also remain undisturbed,” he continued. “The appellate court also walked away from its previous holdings that remand is not an available remedy under ERISA and that all absent class members must exhaust their administrative remedies prior to pursuing their claims in court.”
Bendat added that—absent another petition for review—the case will be sent back to the trial court, which will likely again clarify that it based UBH’s liability on UBH’s deviation from GASC in its medical necessity guidelines, which were intended to implement the GASC requirement in the plans. The trial court is also expected to answer several other questions the 9th Circuit posed.
“In short, plaintiffs are now in a far better position than they were last year,” Bendat wrote. “Hopefully, folks can appreciate how important it is to have laws like SB 855, which require medical necessity to be made consistent with GASC and which don’t vest plan administrators with discretion to adopt self-serving clinical guidelines with which to deny claims.”
HRSA Announces More than $80 Million in Funding for Rural Communities to Combat Opioid Crisis
HHS’ Health Resources and Services Administration (HRSA) announced Thursday more than $80 million in awards to rural communities in 39 states to support key strategies that respond to the overdose risk from fentanyl and other opioids.
HRSA funding will support interventions such as distributing the lifesaving overdose reversal drug naloxone to prevent overdose; creating and expanding treatment sites in rural areas to provide medications to treat opioid use disorder; expanding access to behavioral health care for young people in rural communities; and, caring for infants in rural areas who are at-risk for opioid exposure or experiencing symptoms related to opioid exposure.
Click
here to learn more and
here to see the list of awardees.
SAMHSA Awards $57.6 Million to Connect Americans with Substance Use Recovery and Treatment Supports
As part of Overdose Awareness Week and the start of National Recovery Month, SAMHSA this week announced $57.6 million in seven grant programs to connect Americans who misuse substances to recovery and treatment supports.
According to SAMHSA, the grant awards facilitate ongoing efforts throughout the nation in treatment, recovery support and harm reduction – three of the pillars of the HHS’ Overdose Prevention Strategy.
Click
here to read about the grant programs.
SAMHSA Releases Guide for Reentry from Criminal Justice Settings for People with Mental Health Conditions and SUD
SAMHSA has released
Best Practices for Successful Reentry From Criminal Justice Settings for People Living With Mental Health Conditions and/or Substance Use Disorders, which examines the types of interventions that support successful reentry for adults with mental health conditions and/or substance use disorders who are leaving jail/prison.
The 85-page guide includes an issue brief on the topic, current evidence on three interventions, guidance for identifying and implementing evidence-based practices to support reentry, and more.
Manatt to Examine Latest Wit v. UBH Ruling in Mental Health Parity Webinar
Manatt litigation and benefits experts will discuss a host of parity issues in an upcoming webinar, including the latest federal
report to Congress, action items for health plans and service providers, and the latest decision in the
Wit v. UBH case
.
Presenters will include Manatt partners
Joe Laska and
Harvey Rochman, as well as
Jean Kim, special counsel, executive compensation and employee benefits. The hourlong webinar will take place
Tuesday, Sept. 19 at 1 p.m. ET.
Click
here to register.
Please Update Your Member Information for the 2023 NABH Membership Directory!
NABH is developing its online-only 2023 Membership Directory, an essential member benefit that helps the association in its advocacy efforts.
NABH has sent members a link to the association’s membership-update tool. To help ensure we have the most accurate information on our members, please use the link to verify your system’s information.
The answers to these questions will help us provide a more accurate description of our diverse membership to policymakers, regulators, partner organizations, and the media.
Please be sure to enter information for all your system’s facilities so that we have a better picture of our membership.
The deadline to submit your changes to NABH is
Wednesday, Sept. 13. If you need assistance, please contact Maria Merlie
maria@nabh.org or 202-393-6700, ext. 104.
As always, thank you for your time and for all you do to advance NABH’s Mission and Vision!
Reminder: Please Submit Your Managed Care Denials Data to Enhance NABH Advocacy
Thank you to all members who have submitted data to NABH’s denial-of-care portal!
We are still seeking data from additional members to support advocacy on health plan denials and prior-authorization timeliness. If you are a new participant, please e-mail NABH Administrative Coordinator
Emily Wilkins for support.
Fact of the Week:
This summer Texas lawmakers enacted
Tucker’s Law. which mandates that middle schools and high schools educate students about fentanyl abuse prevention and drug-poisoning awareness.
NABH wishes its members, their teams, and families a happy and safe Labor Day weekend!
For questions or comments about this CEO Update, please contact Jessica Zigmond.