April 23, 2009

Legislation to End Medicare's Two-Year Waiting Period Introduced in Congress

Methadone Treatment and Protection Act Introduced in Senate

CLASS Act Introduced in Congress; Would Provide Supplemental Long-Term Services for Individuals with Disabilities

Federal Trade Commission Ruling: Health Agencies Must Implement Red Flags Rule by May 1

Healthcare Reform Discussed by President and SAMHSA

National Criminal Justice Commission Proposed in Senate

CMS Provides Guidelines for Children's Health Insurance Plan Reauthorization Act

National Council Sends Letter to Senators in Support of Juvenile Justice and Delinquency Prevention Act

Register Now for Hill Day!

Recently Released Resources from the National Council

Legislation to End Medicare's Two-Year Waiting Period Introduced in Congress

On March 25, the Ending the Medicare Disability Waiting Period Act of 2009 (S 700 and HR 1708) was introduced by Senator Jeff Bingaman (D-NM) and Representative Gene Green (D-TX). This legislation would phase out the waiting period gradually, so it would be completely removed by January 1, 2014. As it currently stands, individuals with disabilities often forgo needed health services as they wait to be eligible for Medicare, putting their health at risk. During the two year waiting period, 24% of people eligible to receive Medicare due to a disability have no health insurance and 40% are without health insurance at some point during the two years. The National Council signed onto a letter  in support of eliminating the waiting period along with dozens of other organizations. Stay tuned to the Public Policy Update to learn the latest news about ending the two year waiting period.

Methadone Treatment and Protection Act Introduced in Senate

Senators John D. Rockefeller (D-WV) and Bob Corker (R-TN) introduced the Methadone Treatment and Protection Act of 2009 (S 754) on March 31 to increase the federal oversight of methadone treatment. S 754 would award grants to States and non-profits to increase the education of both health care providers and consumers about the dangers of opioid abuse, including methadone abuse. S 754 would require practitioners who are registered to prescribe or otherwise dispense methadone or other opioids to complete a 16-hour training requirement once every 3-years. In addition, S 754 would require opioid treatment programs that close for business on any weekday or weekend day, including a Federal or State holiday, to make acceptable arrangements for each patient who is restricted, by Federal regulation or guideline or by the determination of the program medical director, from having a take home dose of a controlled substance related to the treatment involved, to receive a dose of that substance under appropriate supervision during the closure. The introduction of this legislation comes after the release of a Government Accountability Office (GAO) report which indicated a potential relationship between the rise in methadone-related deaths and the increased usage of methadone for pain management.

Currently, the National Council is analyzing the effect the legislation would have on community behavioral health organizations that provide methadone as part of an opioid treatment program. Stay tuned to find out more about the actions the National Council is taking in regards to S 754.

CLASS Act Introduced in Congress; Would Provide Supplemental Long-Term Services for Individuals with Disabilities

On March 25, Senator Edward Kennedy (D-MA) and Representatives Frank Pallone (D-NJ) and John Dingell (D-MI) re-introduced the Community Living Assistance Services and Supports (CLASS) Act (S 697  and HR 1721) in the Senate and House. This bill was first introduced in 2007 in the Senate where it was referred to committee. The legislation would create a new national insurance program for adults seeking access to long-term services and supports if they became functionally disabled, while providing them the opportunity to continue to live, work and participate in their communities. CLASS Insurance is not intended to replace private insurance, Social Security Insurance or Old, Age, Survivors and Disability Insurance. It is intended to help pay for additional needs for people who are disabled and are living in the community. The CLASS program will be paid for through a voluntary payroll withholding and placed in a "National Independence Fund." To be eligible to receive the benefits an individual must be at least 18 years old and contributed to the fund for at least 5 years. To learn more go to http://www.passtheclassact.org/.

Federal Trade Commission Ruling: Health Agencies Must Implement Red Flags Rule by May 1

The Federal Trade Commission (FTC) has ruled that healthcare providers fall under the definition of creditors and must implement the Red Flags Rule by May 1, 2009. The Red Flags Rule requires organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs – or "red flags" – of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate the damage it inflicts. The American Medical Association (AMA) requested a waiver for health agencies since they already follow HIPPA standards and additional requirements were unnecessary and burdensome. The FTC ruled that health agencies must implement the red flags rule as they are considered a creditor due to their billing process. Some of the obligations imposed by the Red Flag Regulations may be addressed by procedures that healthcare providers have adopted for dealing with patient information. Generally, the Red Flags Rule requires the board of directors of a healthcare provider to develop and implement a program to protect and monitor patient information for identity theft. A guide to the Red Flags Rule and implementing the regulations can be found online.

Healthcare Reform Discussed by President and SAMHSA

President Obama has recently reaffirmed his desire to tackle healthcare reform this year by officially creating the White House Office of Health Reform by Executive Order. The Order also calls for the creation of a Health and Human Services (HHS) Office of Health Reform. The two offices will work together to coordinate President Obama's healthcare policies. Nancy-Ann DeParle who worked in the Clinton administration’s health office will lead the White House Office of Health Reform; no announcement has been made about who will lead the HHS office.

The President is not the only one interested in healthcare reform. The Substance Abuse and Mental to the exchange of ideas on healthcare reform for people affected by mental health and substance use disorders. To participate in the healthcare reform discussion, simply go to SAMHSA's website and submit your ideas.

National Criminal Justice Commission Proposed in Senate

The National Criminal Justice Commission Act of 2009, introduced by Sen. Jim Webb on March 26, (S 714) was referred to the Committee on the Judiciary. The legislation would create the National Criminal Justice Commission to look at both federal and state criminal justice costs, practices and policies. More specifically the Commission is expected to study, report and make findings on U.S. drug policies and its effectiveness, the system of reintegration for exoffenders, and, according to the bill text, "improve and streamline the treatment of mental illness, both in our society and in the criminal justice system..." The National Council will continue to monitor the progress of this legislation; stay tuned to the Public Policy Update and the Criminal Justice page of the National Council's website for updates.

CMS Provides Guidelines for Children's Health Insurance Plan Reauthorization Act

The Centers for Medicare & Medicaid Services (CMS) recently released a State Health Officials Letter on implementing the Children's Health Insurance Plan Reauthorization Act of 2009 (CHIPRA). Under CHIPRA, States will be able to strengthen their existing SCHIP and Medicaid programs and provide coverage to additional low-income, uninsured children and pregnant women. The letter provides a general overview of the key provisions in the new law, with the understanding that technical issues will be addressed in the coming weeks and months.

CMS will issue a series of State Health Official and State Medicaid Director letters over the next few months to provide more detailed guidance on CHIPRA provisions. Additionally, we will be having regularly scheduled conference calls with States to listen to questions and implementation concerns related to the new law. If you have any questions regarding CHIPRA, please e-mail them to CMSOCHIPRAQuestions@cms.hhs.gov. The National Council will continue to follow the implementation process of CHIPRA; to keep abreast of the latest information continue to read the Public Policy Update and the Technical Assistance Update.

For more information regarding CHIPRA read the National Council's fact sheet.

National Council Sends Letter to Senators in Support of Juvenile Justice and Delinquency Prevention Act

Senator Patrick Leahy (D-VT) introduced the Juvenile Justice and Delinquency Prevention Act of 2009 (JJDPA or S 678) on March 24; it was then referred to committee. In support of this legislation, the National Council sent a letter of support to Senators on the Judiciary Committee. The National Council supports S 678 because it strengthens and updates critical components of the Juvenile Justice Delinquency and Prevention Act (JJDPA), which has been protecting youth across the nation for over 30 years. Additionally, S 678 makes meaningful improvements that expand several of the core protections and other areas contained in the bill, including strengthening emphasis on the need for mental health and substance abuse services for young people in the juvenile justice system.

The National Council would encourage all of our members to write their Senators and urge them to support S 678. To find contact information for you Senator please go to the National Council's website and enter your zip code. Language for your letter can be taken from the National Council's letter when writing your Senator.

Register Now for Hill Day!

2009 is a critical year for Behavioral Healthcare. We look forward to having you join us on June 9 & 10 for the National Council's Fifth Annual Hill Dayregister now!

Hill Day is designed to provide participants with in-depth information on key issues.

June 9, 2009

• 8:30-4:00 Public Policy Committee Meeting: Join the National Council's Public Policy Committee as we receive briefings on the National Council's Hill Day priorities from Capitol Hill Staff and public policy experts.
• 4:30-6:00 Small Group Coaching: Available upon request. The small group coaching with D.C. insiders will help you make the most of your appointment and ensure you leave a lasting positive impression with your representatives in Congress and their staff.
• 6:00-7:00 Welcome Reception: A great opportunity to meet the National Council Staff and network with others who have come to Washington, D.C. to advocate for community mental health and addiction services.

June 10, 2009

• 8:00-10:00 Breakfast Briefing: Join your fellow behavioral healthcare leaders for a little nourishment and last minute encouragement before you make your Hill visits.
• 10:00-4:00 Meetings with Members of Congress: This time is set aside for you to go to your pre-scheduled appointments with members of Congress. Make sure you have appointments with every Representative whose district you provide services in. You may have 4 or more appointments!
• 5:00-7:30 Capitol Hill Reception: Join the National Council in honoring Congressional champions of mental health and addictions services. This is your opportunity to thank Members of Congress that have supported issues important to the National Council and its membership.

Get inspired – One Person Can Make a Difference!

Make your Hill Day 2009 hotel reservations today!

We recommend that you stay at either the Washington Court Hotel on Capitol Hill, where most Hill Day events take place, or at the Liaison Capitol Hill, An Affinia Hotel. The special National Council rate of $269 a night is available for hotel reservations made by May 15.

• Washington Court Hotel
  Reserve your rooms online or call 202-628-2100.
• Liaison Capitol Hill, An Affinia Hotel
  Reserve your rooms online or call 202.434.0110

Be sure to ask for the National Council for Community Behavioral Healthcare room block to get the special rate.

Recently Released Resources from the National Council

The National Council's website is frequently updated with issue briefs, letters, and other materials of interest to members. Please take notice of these recent updates:

The National Council has put together a multitude of informational resources for people applying for the Primary and Behavioral Health Care Integration RFA from SAMHSA.  Members can access the materials via our Members Only section of the website.

The National Council just released three fact sheets on the American Recovery and Reinvestment Act of 2009.

• Medicaid
• Health Information Technology
• Other Key Provisions

The National Council just released a chart comparing the Omnibus Budget Bill introduced in the House with the FY08 budget and the FY09 budget released by former President Bush.

The National Council recently released a summary of the SCHIP Bill.

The National Council recently released a fact sheet on the Final Rule for the Federal Cost Sharing Rules. The rule gives states broader authority to charge premiums and higher co-payments for Medicaid.

The National Council recently created a power point presentation on the Mental Health Parity and Addiction Equity Act of 2008. The presentation covers the 1996 Parity Law, the history of the 2008 Act and the main points of the Act.

The National Council recently released a resource guide, Veterans on the Road Home”, which equips you to reach out and to effectively serve Iraq and Afghanistan veterans and their families. The book describes the physical, mental, economic, and social effects of the wars in Iraq and Afghanistan. It presents detailed case studies of treatment organizations and associations with special expertise in and commitment to serving veterans and their families.

At the end of October, the National Council released a series of fact sheets on the Deficit Reduction Act of 2005:

-Overview of the DRA

-Expanded Medicaid Coverage Under the DRA

-Medicaid Services for Children Under the DRA

-State Implementation of the DRA

Meaningful Employment for Individuals with Mental Illness, a backgrounder from the National Council, provides information on the current employment status of individuals with mental illness, opportunities for career development, and federal initiatives to improve the chances of individuals with mental illness obtaining and keeping jobs.

The National Council recently released a fact sheet on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 which provides a detailed explanation of the impact of this bill.

Please contact Chuck Ingoglia, Vice President, Public Policy, with federal policy questions.

The Public Policy Update is a weekly e-newsletter published by the National Council for Community Behavioral Healthcare. Managing Editor - Christina Hammond. Vice President, Public Policy - Chuck Ingoglia. Director of State Policy - Chris Loftis. Director of Public Policy - Alexa Eggleston. Director of Policy and Advocacy - Laura Galbreath.