Public Policy Update: July 15, 2010

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Healthcare Legislation

July 15, 2010

Action Needed: Complete Brief Survey to Support Behavioral Health IT Bill

Obama Administration Issues Final Rules on “Meaningful Use” of Health Information Technology

New Regulations Aim to Strengthen Privacy of Patient Health Data

National Council Releases FAQs on Medicaid Expansion

HUD Announces Supportive Housing Grants
 



Action Needed: Complete Brief Survey to Support Behavioral Health IT Bill

The Health Information Technology for Economic and Clinical Health (HITECH) Act was enacted as part of the American Recovery and Reinvestment Act in 2009 and creates reimbursement incentives to increase adoption and utilization of health information technology (HIT). Unfortunately, this law covers only physicians and nurse practitioners that work in community-based mental health and addiction treatment organizations.
 
The HIT Extension for Behavioral Health Services Act of 2010 (HR 5040), introduced on April 15, would extend financial incentives for adopting HIT to mental health and addiction treatment providers and facilities, including behavioral and mental health centers, substance use treatment facilities, clinical psychologists, and clinical social workers.
 
To help us advocate for this bill, we need your help: Please complete this 3 question online survey so we can accurately report the number of professionals impacted by this bill. Recent studies show that persons with serious mental illnesses who are clients of the public mental health system die sooner than other Americans and have an average age of death at 52, due to other health conditions like diabetes and heart disease, which are not adequately treated or managed.  Greater use of electronic health records has tremendous potential to change those outcomes by improving care coordination and overall quality of care.
 
Please complete this survey by Friday, July 16th. Have questions? Please contact Mohini Venkatesh, Director of Federal & State Policy at the National Council.


Obama Administration Issues Final Rules on “Meaningful Use” of Health Information Technology

On Tuesday, the Department of Health and Human Services and the Office of the National Coordinator for Health Information Technology (ONC) announced the release of final regulations outlining standards for the “meaningful use” of HIT. Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, providers and facilities that are eligible for incentive payments for the adoption of HIT must meet a standard of “meaningful use” in order to receive the payments. HHS and ONC had previously released proposed guidelines on how meaningful use would be determined, and received more than 2,000 comments in response. You can read the National Council’s comments on our website.

The new regulations have relaxed the standards for meaningful use that were outlined in the interim version. Previously, eligible professionals and facilities would have been required to meet each of 25 criteria or objectives in order to receive incentive payments. Now, providers will be required to meet 15 “core” objectives plus any 5 additional objectives from a list of 10. Eligible facilities must meet 14 core requirements, plus 5 additional ones from a list of 10. In addition, the new regulations have reduced certain electronic reporting requirements and have reduced the percentage of patients to whom some of the criteria must apply. The changes are intended to make it easier for eligible professionals and facilities to qualify for the payments. Click here to read the Centers for Medicare and Medicaid Fact Sheet on the final regulations. The full regulations will be available here until July 28; at that time they will be published in the Federal Register.

The incentive payments, which will begin in 2011, do not apply to many behavioral health professionals and facilities. As a result, the National Council has worked closely with Congress to secure the introduction of H.R. 5040, the Health IT Extension for Behavioral Health Services Act. Since last month’s Hill Day, when nearly 500 National Council members converged in Washington to advocate for behavioral health IT, 20 additional Representatives have signed on to the bill, bringing the total number of cosponsors to 54. Stay tuned to the Public Policy Update for the latest news about the progress of this legislation.


New Regulations Aim to Strengthen Privacy of Patient Health Data

The Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR) this month issued proposed regulations that would strengthen the privacy of individuals’ health information in an age of increasing reliance on electronic health records and electronically transmitted data. These regulations were issued under a requirement in the Health Information Technology for Economic and Clinical Health (HITECH) Act that federal privacy and security rules must include broader individual rights and stronger protections when third parties handle patients’ private health data.

The regulations affect certain provisions of HIPAA, the law that currently governs the use of patients’ individually identifiable health information. The components of the proposed regulation include:

  • Expanding individuals’ rights to access their information and to restrict certain types of disclosures of protected health information to health plans.
  • Requiring business associates of HIPAA-covered entities to be under most of the same rules as the covered entities;
  • Setting new limitations on the use and disclosure of protected health information for marketing and fundraising; and
  • Prohibiting the sale of protected health information without patient authorization.

The full text of the regulation is available online. HHS is accepting public comments through Sept. 13, 2010. In addition, HHS has announced the launch of a new website where individuals can learn about the government’s efforts to protect patient privacy.


National Council Releases FAQs on Medicaid Expansion

As part of healthcare reform, states will be required to expand Medicaid to cover all individuals under 133% of poverty by 2014 or earlier. This week, the National Council issued a Frequently Asked Questions document providing information about who is eligible to participate in the Medicaid expansion, what services will be provided, how the cost of the expansion will be covered, and how current funding for mental health and addictions services will be affected. For additional information about the Medicaid expansion, check out the slides and recording from our June 8th webinar, “Healthcare Reform Implementation: Medicaid Expansion and the Impact on Behavioral Health,” featuring Ann Kohler, Executive Director of the National Association of State Medicaid Directors.


HUD Announces Supportive Housing Grants

The Department of Housing and Urban Development (HUD) has announced the recipients of over $550 million in grants to provide supportive housing and rental assistance to the elderly and individuals with disabilities. The grants are part of HUD’s  Section 202 and Section 811 supportive housing programs. The Section 202 program allows very low-income seniors to live independently in affordable housing with rent subsidies and support services to meet their needs. The Section 811 program provides housing and supportive services for low-income households where one or more individual has a disability, including chronic mental illness.

The grants announced this week will fund 169 projects in 46 states. The funding falls into two categories: Capital Advances, which covers the cost of developing, acquiring, or rehabilitating a development and does not require repayment as long as the housing remains available for occupancy by very low-income elderly persons or persons with disabilities; and Project Rental Assistance Contract (PRAC), which goes to each development to cover the difference between the residents' contributions toward rent and the HUD-approved cost of operating the project. Summaries of each grant are available on the HUD website.


 


Medicaid Mental Health

Real Stories

National Council member organizations across the country work hard to give nearly 6 million adults, children, and families with mental illnesses and addiction disorders a chance to recover and lead productive lives. Read their stories