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 …
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 …
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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 …
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Updates to Wit v. United Behavioral Health
The United States Court of Appeals for the Ninth Circuit recently released an unpublished memorandum decision in the landmark mental parity case of Wit v. United Behavioral Health. In this decision, the Ninth Circuit reversed the district court’s order requiring UBH to reprocess more than 60,000 claims that had initially been denied for not meeting …
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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 …
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State Funded Benefits for ASD in Arizona: The Basics
Who are the relevant state entities? The Division of Developmental Disabilities (“DDD”) operates under the Arizona Department of Economic Security (“ADES”).[1] The DDD provides services to qualifying Arizona children with developmental disabilities. The Arizona Long Term Care System (“ALTCS”) is Arizona’s Medicaid program that provides long-term care services to DDD members. ALTCS operates under the …
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There is a New Sheriff in Town: Class Action Enforcement and Implementation of the 2008 Parity Act
In 2008, Congress enacted the Paul Wellstone and Pete Domenici Mental Health Parity and Addition Equity Act (“Parity Act”). In essence, the Parity Act necessitates that financial requirements and treatment limitations imposed on mental health and substance use disorder benefits cannot be more restrictive than the financial requirements and treatment limitations that apply to medical/surgical …
Why you need to integrate behavioral health into your primary care practice
Russell Kolsrud and Gregory Moore recently authored the article, “Why you need to integrate behavioral health into your primary care practice,” for Physicians Practice. The article discusses the continuous debate regarding various health insurance reform addressed in the ACA and the effects it has had on the behavioral health industry. Kolsrud and Moore also discuss …
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HIPAA, the Opioid Crisis and the Role of Part 2
Updated as of December 2018 With the ever-growing opioid crisis and the President’s call to action to address that crisis particularly through the signing of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, P.L. 115-271 in October, 2018 , primary …
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