Breaking Down Barriers: Expanded Access to Medication for Opioid Use Disorder

The Substance Abuse and Mental Health Services Administration (SAMHSA) 2021 National Survey on Drug Use and Health estimated that 9.2 million people ages 12 and older had misused opioids in the past year.[1] Death by overdose continues to be a leading cause of injury-related death in the United States, with a nearly 15% increase in …

HHS Proposes Rule to Align Part 2 Substance Use Disorder Laws With HIPAA

On November 28, 2022, the U.S. Department of Health and Human Services (HHS), through the Office of Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), issued a Notice of Proposed Rulemaking to revise the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations under 42 CFR Part 2. The “Part …

FIVE WAYS THE 2023 MEDICARE PHYSICIAN FEE SCHEDULE IS PROMOTING BEHAVIORAL HEALTH AND WHOLE-PERSON CARE

On November 1, 2022, the Centers for Medicare & Medicaid (CMS) under the United States Department of Health and Human Services (HHS) finalized changes that are projected to significantly expand access to behavioral health care services, among other things. CMS released a Behavioral Health Strategy in 2022, which included improving access to and quality of …

A New Interstate Compact Is in Town: The Interstate Compact for Counselor Licensure.

One interstate compact you may not have heard of yet that could be very helpful for the behavioral health field is the Interstate Compact for Counselor Licensure. As of August 4, 2022, the Counselor Compact now has 17 members – Alabama, Colorado, Delaware, Florida, Georgia (the first state to enact the Counseling Compact), Kentucky, Louisiana, …

Reproductive Healthcare Issues for Employers Series, Part 4: Navigating Mental Health Parity Requirements for Travel Benefits

On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. The Dobbs decision has employers scrambling to understand the impact on group health plan coverage. Many employers are considering implementing travel reimbursement options to assist employees who wish to seek abortions that might be restricted …

White House issues recommendations on telehealth and SUD services – Part II

On June 22, 2022, via the Legislative Analysis and Public Policy Association, the White House Office of National Drug Control Policy (ONDCP) released its “Telehealth and Substance Use Disorder Services in the Era of COVID-19: Review and Recommendations” (Guidance). While this publication does not have the force of law, it is clear direction to legislators …

White House Issues Recommendations on Telehealth and SUD services

In June 2022, the White House Office of National Drug Control Policy (ONDCP), via the Legislative Analysis and Public Policy Association, released its “Telehealth and Substance Use Disorder Services in the Era of COVID-19: Review and Recommendations” (the “SUD Recommendations”). Although this publication does not have the force of law, it provides clear directions to …

Hot Topics in Behavioral Health in 2021

Erica Erman and Gregory Moore discussed some of the top developments in behavioral health during Dickinson Wright’s Health Law Summit. Below is a summary of what was discussed. Click here to view the full webinar. Table of Contents Development #1: New Trends in Parity Enforcement Recent Litigation, Including Wit v. United Behavioral Health Development #2: …

SURPRISE! NEW LAWS IMPACT PATIENT BILLING

Since last year, certain providers (e.g., anesthesiologists, radiologists, surgeons, etc.) in Michigan have had to navigate Michigan’s Surprise Medical Billing Law (“Michigan Act”). Starting January 1, 2022, those same providers have also had to comply with the Federal No Surprises Act (“Federal Act”). Generally, both statutes prevent nonparticipating providers from balance billing patients when the …