Public Policy Update: December 3, 2009

Healthcare Legislation

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December 3, 2009

Senate Begins Debate on Healthcare Reform Bill; National Council Releases Side-by-Side Comparison of House and Senate Bills

Action Needed: Call Your Senators to Keep the CLASS Act from being Eliminated from Healthcare Reform!

Pamela Hyde Confirmed as Administrator of SAMHSA

CCHIT Releases Draft Behavioral Health EHR Criteria for Public Comment

State Medicaid Director Letter Provides Guidance on Medicaid Self-Directed Personal Assistance Services


Senate Begins Debate on Healthcare Reform Bill; National Council Releases Side-by-Side Comparison of House and Senate Bills

On November 21, the Senate’s proposal for healthcare reform, the Patient Protection and Affordable Care Act, was introduced on the Senate floor in the nature of a substitute amendment to a House-passed bill: HR 3590. The Senate has now begun the process of debating its bill, which includes consideration of amendments, and will likely continue this process through most – if not all – of December.

The National Council has created a side-by-side comparison chart of the House and Senate bills. This chart summarizes provisions most pertinent to community behavioral health providers, including general insurance market reforms, expansion of Medicaid eligibility, and workforce and other provisions that are specifically targeted to the mental health and addiction fields.

Looking ahead, there are several more steps in the legislative process before a healthcare reform bill can go to the President’s desk to be signed into law: the Senate must pass HR 3590, the House and Senate must come together in conference and reconcile differences between their bills, and both the House and Senate must vote to approve the same healthcare reform bill.   

On Dec. 2, the National Council held a webinar on healthcare reform, which covered  many of the mental health and addictions provisions in the Senate bill and the outlook for healthcare reform going forward.  Slides from the presentation and an audio recording are available on our website.  Stay tuned to the Public Policy Update and the National Council’s healthcare reform update webinar series for the latest news on healthcare reform.  The next webinar in the series will be on Dec. 16 at 2:00 pm Eastern time.


Action Needed: Show Your Support for Long Term Care Services and Supports

The U.S. Senate is now debating its health care reform bill, the Patient Protection and Affordable Care Act. Although the Community Living Assistance Services and Supports (CLASS) Act has stayed in the bill this far, we just learned that there will be an amendment to eliminate the CLASS Act from the bill. The National Council supports the CLASS Act and is joining national coalition partners to advocate for its continued inclusion in healthcare reform.

Our contacts on Capitol Hill tell us that one of the biggest obstacles for the CLASS Act is misperception among Members of Congress and their staff that people with disabilities belong in the Medicaid program and cannot work.  We must set the record straight and let our Senators know that, while Medicaid is an essential safety net, millions of people who now have or later develop disabilities work and want to take personal responsibility for their long term care needs. People should not be forced into poverty to get the support they need.

Please participate today, December 3, in a national call-in day for the CLASS Act.  Call your Senators and urge them to make sure the CLASS Act remains in the final version of healthcare reform!


Pamela Hyde Confirmed as Administrator of SAMHSA

On Nov. 20, the Senate voted to confirm Pamela Hyde as Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA).  Hyde will start at her new post on Dec. 7.  She has previously served as Secretary of the New Mexico Human Services Department and as Director of several other public agencies, including the Ohio Department of Mental Health, the Ohio Department of Human Services, and the Seattle Department of Housing and Human Services.  Much of Hyde’s 30 years of experience in management and consulting has been in the behavioral health arena, including her position as CEO of the non-profit behavioral healthcare organization Comcare.  The National Council has written Pamela Hyde a congratulatory letter on her confirmation as SAMHSA Administrator.


CCHIT Releases Draft Behavioral Health EHR Criteria for Public Comment

The Certification Commission for Health Information Technology (CCHIT) has released a draft of its proposed certification criteria for behavioral health electronic health records (EHRs).  CCHIT has developed two sets of criteria for behavioral health services: one set for the needs of behavioral health as an add-on to a physician’s office, and one as a stand-alone certification.  CCHIT is inviting public comments on the draft criteria through Dec. 11, 2009.  Public comments will be accepted only through the online webform. The National Council will be submitting comments on the proposed criteria.  Stay tuned to future issues of the Public Policy Update for more information.


State Medicaid Director Letter Provides Guidance on Medicaid Self-Directed Personal Assistance Services

The Centers for Medicare & Medicaid Services (CMS) has released a State Medicaid Director letter providing guidance on the implementation of the portions of the Deficit Reduction Act that allow states to offer self-directed personal assistance services.  The letter provides guidance on eligible “permissible purchases” of goods or services that individuals may make in order to increase their independence.  The letter states that such purchases must be related to a goal or need identified in the state-approved person-centered service plan and must be used for the purpose of increasing independence or substituting for human assistance that would otherwise be paid for by Medicaid.  Furthermore, the purchases must promote opportunities for community living and inclusion.  The full text of the letter is available online.
 


Medicaid Mental Health

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