9th Circuit Order-Wit-August 2023
9th Circuit Order-Wit-August 2023
DEA Extends COVID-19 Telehealth Flexibilities for Prescription of Controlled Medications for Now
CMS PHE Fact Sheet
CMS PHE Fact Sheet
NABH Education & Research Foundation Webpage Now Features Grants & Funding Opportunities
CBO Report: Budgetary Effects of Modifying or Eliminating the IMD Exclusion
CBO Report: Budgetary Effects of Modifying or Eliminating the IMD Exclusion
2023 NABH Advocacy Priorities
NABH 2023 Advocacy Priorities
Amicus Brief: Wit v. UBH (3-17-23)
Amicus Brief: Wit v. UBH (3-17-23)
CMS RFI- Medicare Advantage
CMS RFI- Medicare Advantage
CEO Alliance for Mental Health Unified Vision 2022
CEO Alliance for Mental Health Unified Vision 2022
CMS to Require COVID-19 Vaccinations for Medicare and Medicaid Providers
- CMS is requiring that all staff of certain providers and suppliers participating in the Medicare or Medicaid programs receive the COVID-19 vaccine.
- The IFR does not allow for weekly testing in lieu of vaccination.
- The agency expressly preserves an employer’s right to require its employees to be fully vaccinated, regardless of the exemptions provided by the IFC.
- Background: On September 9, 2021 President Biden issued an executive order (EO) entitled “Path out of the Pandemic,” a multifaceted COVID-19 response plan that seeks to boost vaccinations and testing amid the surge in the delta variant. The President’s new plan focuses on six core components, including: (1) “Vaccinating the Unvaccinated;” (2) “Further Protection for the Vaccinated;” (3) “Keeping Schools Safely Open;” (4) “Increased Testing and Requiring Masking;” (5) “Protecting Our Economic Recovery”; and (6) “Improving Care for Those with COVID-19.” To further the mission of this EO, CMS and the Occupational Health Services Administration (OSHA) issued regulations requiring certain individuals in the workforce to be vaccinated against COVID-19. In today’s IFC, CMS indicates that providers and suppliers may be covered by both the OSHA rules and the CMS IFC.
- What’s Next? The final rule is expected to be published in the Federal Register on November 5, 2021, with an expected effective date of January 4, 2022. Comments to the IFC must be received no later than 60 days after the publication of the IFC in the Federal Register. While legal challenges to these guidelines are expected, CMS has already notably indicated in today’s IFC that, to the extent a court may enjoin any part of the rule, it intends that all other provisions or parts of provisions are to remain in effect.
- Applicable Entities — The IFC provides that Medicare- and Medicaid-certified providers and suppliers must require that all applicable staff are fully vaccinated for COVID-19. Specifically, the entities subject to these requirements include:
- ambulatory surgical centers (ASCs);
- hospices;
- psychiatric residential treatment facilities (PRTFs);
- programs of all-inclusive care for the elderly (PACE);
- hospitals, including acute care hospitals, psychiatric hospitals, long term care hospitals, children’s hospitals, hospital swing beds, transplant centers, cancer hospitals, and rehabilitation hospitals;
- long term care (LTC) facilities, including skilled nursing facilities (SNFs) and nursing facilities (NFs);
- intermediate care facilities for individuals with intellectual disabilities (ICFs-IID);
- home health agencies (HHAs);
- comprehensive outpatient rehabilitation facilities (CORFs);
- critical access hospitals (CAHs);
- clinics, rehabilitation agencies, and public health agencies as providers of outpatient physical therapy and speech-language pathology services;
- community mental health centers (CMHCs);
- home infusion therapy (HIT) suppliers;
- rural health clinics (RHCs)/federally qualified health centers (FQHCs); and
- end-stage renal disease (ESRD) facilities.
- In the IFC, CMS refers to the above facilities as residential congregate-care facilities, acute care settings, outpatient clinical care and services, and home-based care, generally. Notably, the requirements outlined in the IFC do not apply to assisted living facilities, group homes, or physician’s offices because they are not regulated by CMS health and safety standards.
- Applicable Staff — CMS is requiring that all staff, regardless of patient contact or clinical responsibility, be fully vaccinated against COVID-19. The IFC stipulates that facility employees; licensed practitioners; students, trainees, and volunteers; and individuals who provide care, treatment, or other services for the facility and/or its patients, under contract or other arrangement, are subject to this requirement. The agency notes that staff who perform their duties outside of a formal clinical setting — such as home health, home infusion therapy, hospice, PACE programs, and therapy staff — are not precluded from the rule. Further, CMS asserts that individuals who provide services 100 percent remotely — including fully remote telehealth or payroll services — are not subject to the vaccination requirements. However, staff that primarily provide services remotely via telework who occasionally encounter fellow staff are still bound by the rulemaking.
- Definition of “Fully Vaccinated” — Under the IFC, an individual is considered to be “fully vaccinated” if it has been two weeks or more since such individual completed a primary vaccination series defined as a single-dose or all doses of a multi-dose vaccine approved by the Food and Drug Administration (FDA). Importantly, individuals who receive vaccines listed by the World Health Organization (WHO) for emergency use but have not been approved or authorized by the FDA will also be counted as fully vaccinated for the purposes of the rulemaking. Additionally, individuals are not required to receive a booster or third dose of a vaccine in order to be considered fully vaccinated. However, providers and suppliers covered by the IFC must have a process for tracking and securely documenting the vaccination status of individuals who have obtained any booster.
- Exceptions — CMS is requiring that applicable providers and suppliers establish and implement a process to allow staff to request an exemption from COVID-19 vaccination requirements based on applicable Federal law. The agency cites certain allergies; recognized medical conditions; or religious beliefs, observances, or practices as possible grounds for exemption. Providers and suppliers covered by the IFC are also required to document exemption requests from the vaccine requirements as well as the outcomes of those requests. Further, the agency is requiring that all applicable providers and suppliers establish a process to ensure the implementation of additional precautions to mitigate the transmission of COVID-19 for all staff who are not fully vaccinated. Notably, CMS expressly preserves an employer’s right to require that employees be fully vaccinated, regardless of the exemptions provided by the IFC.
- Implementation — CMS is providing two implementation phases for the IFC in order to ensure efficiency in carrying out these requirements.
- Phase 1. This phase includes a large majority of provisions in the IFC, including requirements that: (1) all staff have received at least the first dose of the COVID-19 vaccine, or a single dose COVID-19 vaccine, or have requested and/or been granted a lawful exemption to the requirement and (2) facilities have developed and implemented the aforementioned policies and procedures. Phase 1 is effective 30 days after the publication of this IFC in the Federal Register.
- Phase 2. This phase requires that all applicable staff are fully vaccinated for COVID-19, unless granted an exception, which must be fully approved at this phase. Staff who have completed a primary vaccination series by this date are considered to have met these requirements, even if they have yet to complete the 14-day waiting period required for full vaccination. Phase 2 is effective 60 days after the publication of this IFC in the Federal Register.
- Enforcement — CMS plans to issue interpretive guidelines, which include state survey procedures, to aid in assessing compliance with the new requirements among providers and suppliers following the publication of this IFC. The agency provides that non-compliant facilities may be subject to civil money penalties, denial of payment for new admissions, or termination of their Medicare and Medicaid provider agreement.
- Other Provisions — This rule does not provide any prevention and control requirements for PRTFs, RHCs/FQHCs, and HIT suppliers. However, it does require that these entities create procedures in accordance with nationally recognized guidelines to limit the spread of COVID-19. Further, this IFC requires that providers and suppliers retain proper documentation of the vaccination status of each staff member, such as: (1) CDC COVID-19 vaccination card or legible photo of the card; (2) documentation of vaccination from a health care provider or electronic health record; or (3) a state immunization information system record.
Behavioral Health Slides from MACPAC’s April 2021 Public Meeting
Access to Mental Health Services for Adults
Promoting Behavioral and Physical Clinical Integration Through EHRs
HHS Announces Delay in Provider Relief Fund Reporting Deadline and Revisions to ‘Lost Revenue’ Definition
A Unified Vision for Transforming Mental Health and Substance Use Care
Unified Vision
NABH-The Kennedy Forum Op-Ed
CSOO Addiction Service Workforce Recommendations
CSOO Addiction Service Workforce Recommendations
CMS Releases Guidance on Coverage Transition for ‘Dual Eligibles’ Receiving OTP Services
PIC Mental Health Parity Compliance Act
PIC MH Parity Compliance Act
MACPAC RFI – IMD Regs
MACPAC RFI - IMD Regs
Behavioral Health Update: May 7th, 2019
Behavioral Health Update: May 7th, 2019
Shatterproof Rating System for Addiction Treatment Programs
Shatterproof Rating System for Addiction Treatment Programs
NQF Quality Innovation: Measuring Quality of Care in Substance Use Disorder (SUD) Treatment Programs
Partnership to Amend 42 CFR Part 2 Applauds House and Senate Bills
Partnership to Amend 42 CFR Part 2 Applauds House and Senate Bills
2019 NABH Annual Survey Link
2019 NABH Annual Survey Link
Vista Research Group Releases “The State of Addiction Treatment”
Vista Research Group Releases "The State of Addiction Treatment"
Center on Addiction Reviews and Compares Addiction Benefits in ACA Plans
Uncovering Coverage Gaps II
Sharing Data, Saving Lives: The Hospital Agenda for Interoperability
Sharing Data, Saving Lives: The Hospital Agenda for Interoperability
NABH 2018 Year in Review
NABH 2018 Year in Review
Behavioral Health Update: January 7, 2019
- CMS Reports Healthcare Spending Growth Slowed Last Year
- HRSA Releases Behavioral Health Workforce Projections
- CMS Features FAQ on Price Transparency Provision in IPPS
- CMS Requests Feedback on Conflict of Interest at Accrediting Organizations
- Behavioral Health IT Coalition Sends Letter to CMS
- RAND Report Analyzes Heroin-Assisted Treatment and Supervised Drug Consumption Sites
- AMA Study Examines Association Between Psychotic Experiences and Risk of Suicide
- MACPAC Releases 2018 Edition of MACStats: Medicaid and CHIP Data Book
- PwC Health Research Institute Previews Top Health Industry Issues for 2019
- CDC’s NVSR Reports on Drugs Most Frequently Used in Overdoses: 2011-2016
- PCORI Board Approves $12.7 million for Mental Health Research Study
- U.S. Preventive Services Task Force Seeks Comments on Opioid Interventions
- CMMI Posts Fact Sheet on Integrated Care for Kids and Maternal Opioid Misuse Models
- Manatt, AMA & Pennsylvania Medical Society Release Report on Practices to End Opioid Crisis
- CHCS and ACAP Release Report on Social Determinants of Health via Medicaid Managed Care
- Associations Among Motor Activity, Sleep, Energy & Mood Could Suggest New Focus for Depression Treatment
- NIDA Highlights Details for National Drug and Alcohol Facts Week
- World Congress to Host Opioid Management Summit in February
- Register Today for 2019 Annual Meetings
Joint Commission Updates the National Patient Safety Goal for Suicide Prevention
NPS Goal for Suicide Prevention
2018 Annual Survey
2018 Annual Survey
NABH Seeks 2019 Board Nominations
- the position of Board Chair-Elect and
- two Board seats that will become available in 2019.
2019 Board Nominations Form
Signature Healthcare Services’ Aurora San Diego Hospital Hosts Congressional Site Visit
NABH Member Hosts Congressional Site Visit
NABH member Signature Healthcare Services’ Aurora San Diego hospital recently hosted Rep. Scott Peters (D-Calif.), who toured the facility and met with hospital leaders to discuss some the biggest challenges facing the behavioral healthcare industry.
Aurora San Diego provides mental health and substance abuse services both on an inpatient and outpatient basis for children, adolescents, adults and older adults. Aurora also has a highly regarded military treatment program for active duty members who are working through combat-related trauma, general mental health issues and substance use disorders.
Rep. Peters and hospital leaders discussed addressing the opioid crisis and removing some outdated federal barriers to care, including the Institutions for Mental Diseases (IMD) exclusion that prevents adult Medicaid beneficiaries from accessing acute care in facilities with more than 16 beds, and Medicare’s 190-day lifetime limit on inpatient care in a psychiatric hospital.
Following his tour, Rep. Peters hosted a Town Hall-style meeting with about 50 Aurora employees from across all disciplines to discuss the need for more resources to address mental health for service members and veterans.
For information and help coordinating a congressional site visit, please contact Julia E. Richardson, NABH’s director of advocacy and senior counsel, at julia@nabh.org.
Visited Aurora Behavioral Healthcare, where they provide treatment for active duty service members working through Combat Related Trauma, mental health issues & substance use. I spoke about out work to get more resources to address mental health for service members & veterans. pic.twitter.com/33qF3W4eWi
— Rep. Scott Peters (@RepScottPeters) March 30, 2018