Public Policy Update: February 3, 2011

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Healthcare Legislation

February 3, 2011

 
 
 
 
 
 

 
Florida Judge Rules Health Law Unconstitutional; Does Not Move to Stop Implementation
 
On Monday, a federal judge in Florida ruled that the portion of the health reform law requiring all individuals to have health insurance was unconstitutional. Unlike a previous judge who reached a similar decision, Judge Roger Vinson refused to sever the individual mandate from the rest of the law and instead struck down the entire health reform law. 
 
Although Judge Vinson did not issue an injunction against continuing the implementation of health reform, some states who were parties to the lawsuit have hinted that his ruling means they do not have to carry forward with their planning for implementation. However, given that the Department of Justice will appeal the ruling, the fact that Judge Vinson did not expressly call for a halt to implementation, and the fact that all the states that are parties to the lawsuit have accepted millions of dollars in federal grants for the implementation of health reform, it appears unlikely that any state would institute a complete halt to its preparations for health reform. The Department of Justice is now considering whether it must ask for a stay of Judge Vinson’s ruling. The lawsuit will be appealed to the federal circuit court and is expected to eventually land before the Supreme Court for a final decision.
 
 
National Council Releases FAQ on Proposed Federal Budget Cuts; House Moves Ahead with Plan to Cut $55-60 Billion from Budget
 
The National Council this week released a Frequently Asked Questions document  providing important details and information about the proposed spending cuts that the House majority leadership has said it wants to enact. House Budget Committee Chairman Paul Ryan (R-WI) was directed in a recently passed House resolution to set a cap on non-defense discretionary spending for the remainder of the 2011 fiscal year that would reduce federal spending for those months to 2008 levels – a move that is expected to result in $55-60 billion in cuts. Ryan is expected to submit his spending limits next week; at that point the House Appropriations Committee will take that figure and apply separate spending caps for each of the 12 appropriations bills that make up the budget. 
 
Meanwhile, the House is moving forward with a plan to extend the continuing resolution (CR) that is currently keeping the government operating at 2010 levels and will expire on March 4. House leadership would like to include significant cuts to federal spending in the extension of the CR; the Appropriations Committee could release a draft of its planned reductions as early as next week. Under rules adopted by the House for the consideration of the CR, members may also introduce their own amendments to further cut spending on specific programs.
 
Despite the House leadership’s widely vaunted plan to reduce the federal budget to 2008 levels, it is far from certain what the outcome of the budget debate will be, as any specific cuts are certain to run into opposition from the Senate and the President. The National Council’s new FAQ on the federal budget provides information about the proposed cuts, what to expect next in the budget debate, and what you can do to fight against cuts to the behavioral health safety net. We encourage you to write to your Members of Congress and let them know how important addictions and mental health services are to your community. We’ve provided talking points for you to use as you email your legislators – click here to take action today.
 
 
Survey Shows Few Americans Aware of their Rights under Federal Parity Law
 
A recent survey conducted by the American Psychological Association indicates that 89% of Americans have never heard of the Mental Health Parity and Addictions Equity Act, the federal law requiring that behavioral and physical health benefits be treated equally by insurance plans. The APA survey, which was conducted in December 2010, also found that 29 percent of adults don’t know if they have adequate mental health coverage and 45 percent are unsure if their insurance plans reimburse for mental health care. 
 
As part of the Parity Implementation Coalition, the National Council has produced several fact sheets and resources designed to educate consumers about the parity law, understand their rights under the law, and file appeals with insurance companies when they feel a claim has been unfairly denied. On the Parity page of our blog, you will find a summary of the law, a summary of federal guidelines that fill in several important details about the law, an FAQ, and a Parity Toolkit with resources to help consumers and providers appeal insurance plan denials. While you’re on our site, don’t forget to take our Parity IQ test to find out how well you know the law.
 
 
OIG Announces Free Provider Compliance Training Sessions Around the Country
 
The Office of the Inspector General (OIG) at the Department of Health and Human Services has announced it will conduct six free compliance training programs for health care providers in 2011. These training sessions will focus on helping attendees understand recent legislation to fight fraud and abuse. Sessions will also offer information about hot to create effective compliance plans and handle compliance violations. The half-day programs will feature speakers from OIG, the Centers for Medicare and Medicaid Services, the U.S. attorneys’ offices, and state Medicaid fraud control units. Sessions will be held in Houston, TX (Feb. 16); Tampa, FL (March 2); Kansas City, MO (March 23); Baton Rouge,LA (April 12); Denver, CO (May 3); and Washington, D.C. (May 18). Additional details are available online
 
 
Feb. 9 Product Showcase Webinar will Highlight Supported Employment Strategies
 
 “Supported Employment with Individual Placement and Support” is the third in a series of three webinars on treating severe mental illness brought to you by the National Council and Hazelden. Supported employment encourages a life in the community, social interaction, and integration for persons with mental and addiction disorders. This webinar will provide information on using the evidence-based Individual Placement and Support model to support clients with serious mental illness and co-occurring disorders  — employment with equitable wages and benefits, development of new skills, increased community participation, enhanced self-esteem, and better quality of life. The webinar will cover the seven leading principles of supported employment and offer resources for further learning. The webinar will be held on Feb. 9 at 3:00pm eastern time. Additional details and registration are available online.  

 


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