Advocacy
Voice.
Integration of behavioral and physical health is critical to treat the whole person and enhance a practitioner’s ability to effectively prevent fragmentation between behavioral health and medical care, and improve overall quality of care.
The Association for Behavioral Health and Wellness member companies bring substantial expertise and valuable capabilities to the current focus on integration, including robust knowledge and experience with mental health and substance use disorders; a person-centered focus on recovery; strong informatics and data analytics; and familiarity with preventative and collaborative models of care.
ABHW supports policies and regulations to ensure member companies can continue to increase quality, manage costs, and promote wellness for the 200 million people served by our members. View our policy priorities.
Telehealth and Health Information Technology (HIT)
Expanding access to telehealth services is a priority for ABHW and its member companies.
Telehealth services have been proven to drive important advancements for patients, expand access to care, improve health outcomes, reduce the inappropriate use of psychotropic medications, overcome the stigma barrier, and cut costs. Given that approximately 25 percent of the adult population in the United States is reported to have a mental illness, and the fact that there is a growing shortage of behavioral health providers to respond to this significant need for service, the expansion of telehealth is critical.
The rising opioid crisis in our country provides even more of a reason to grant appropriate access to mental health and substance use disorder treatment. Now more than ever, the U.S. government is looking to expand and improve access to telebehavioral health services. The CONNECT for Health Act is just one example of federal bills that ABHW advocates for that are intended to promote access to telehealth services to provide evidence-based quality health care to our most vulnerable citizens.
ABHW supports the use of telebehavioral health where appropriate and advocates for the lifting of barriers that prevent its advancement and use.
Comment Letters
August 28, 2023 ABHW Responds to the National Institutes of Health (NIH) National Institute on Drug Abuse’s (NIDA) Request for Information on the Impact of Telehealth Initiation of Controlled Substances Under the COVID-19 Public Health Emergency (PHE).
- October 5, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ (CMS) Electronic Prescribing of Controlled Substances (EPCS) Request for Information (RFI).
- February 14, 2020 ABHW Comments on the Federal Communications Commission’s Implementation of the National Suicide Hotline Improvement Act of 2018.
Mental Health and Substance Use Disorders
Our nation is in the midst of an unprecedented opioid epidemic.
More people died from drug overdoses in 2015 than in any year on record, and the majority of drug overdose deaths (more than 6 out of ten) involved an opioid. BHOs play an important role in access to and delivery of treatment for opioid dependence.
ABHW works with Congress, federal agencies, the President’s Commission on Combating Drug Addiction and the Opioid Crisis, and other organizations to enact and improve policies that with help address the opioid epidemic.
Comment Letters
August 23, 2023 ABHW Submits Comments on the Food and Drug Administration’s Draft Guidance on “Psychedelic Drugs: Considerations for Clinical Investigations.”
- April 27, 2023 ABHW Comments on the Substance Abuse and Mental Health Services Administration DRAFT Strategic Plan.
- March 31, 2023 ABHW Submits Comments on the Drug Enforcement Administration Notice of Proposed Rule Making on the Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have Not Had a Prior In-Person Medical Evaluation (NPRM or Proposed Rule).
- March 31, 2023 ABHW Submits Comments on the DEA NPRM on Introduction of Buprenorphine Via Telemedicine Encounter Proposed Rule.
- February 14, 2023 ABHW Submits Comments on HHS and SAMHSA’s NPRM for Medications for the Treatment of Opioid Use Disorder at Outpatient Treatment Programs (OTP) Waiver Requirements.
- February 13, 2023 HHS/ SAMHSA Released the Supplemental Notice of Proposed Rulemaking for the Medications for the Treatment of Opioid Use Disorder: Removal of the DATA-2000.
- October 31, 2022 ABHW Comments on Substance Abuse and Mental Health Services Administration’s (SAMHSA) Request for Information on Behavioral Health in the Context of Climate Change and Health Equity.
- March 21, 2022 ABHW Comments on the Health Resources and Services Administration’s Request for Information Related to the Opioid Response Program Performance Measures in Rural Communities.
- January 3, 2022 ABHW Comments on the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule Related to Opioid Treatment Programs: CY 2022 Methadone Payment Exception (Interim Final Rule).
- July 16, 2021 ABHW Comments on the Department of Treasury’s Coronavirus State and Local Recovery Funds interim final rule (IFR).
- July 12, 2021 ABHW Comments on the Federal Communications Commission’s (FCC) Implementation of the National Suicide Hotline Improvement Act of 2018 further notice of proposed rulemaking
- July 9, 2021 ABHW Comments on the Office of National Drug Control Policy’s (ONDCP) National Drug Control Strategy.
- January 4, 2021 ABHW Comments on the Implementation of the SUPPORT Act of 2018: Dispensing and Administering Controlled Substances for Medication-Assisted Treatment.
- December 21, 2020 ABHW Comments on the Federal Communications Commission’s Public Notice Related to Location Information for 9-8-8 Calls.
- September 23, 2020 Mental Health Crisis Line: Why We Need 9-8-8.
- April 22, 2020 ABHW Comments on the Drug Enforcement Administration’s proposed rule on Registration Requirements for Narcotic Treatment Programs with Mobile Components.
- December 20, 2019 ABHW Comments on Cures 2.0 RFI.
- October 31, 2019 ABHW Comments on the Office of National Drug Control Policy’s (ONDCP’s) 2020 National Drug Control Strategy (Strategy).
- October 11, 2019 ABHW Comments on CMS’ Request for Information for the Development of a CMS Action Plan to Prevent Opioid Addiction and Enhance Access to Medication-Assisted Treatment (RFI).
- August 26, 2019 ABHW Comments on the Request for Information: Ensuring Patient Access and Effective Drug Enforcement (RFI).
- June 5, 2019 Partnership to Amend 42 CFR Part Comment Letter to Senate HELP Committee’s Lower Health Care Costs Act of 2019
- May 14, 2019 ABHW Letter of Support for H.R. 2439, the Opioid Workforce Act of 2019, to Increase Access to Treatment for Substance Use Disorders.
- May 14, 2019 ABHW Letter of Support for H.R. 2431, the Mental Health Professional Workforce Shortage Loan Repayment Act of 2019.
- April 12, 2019 ABHW Provides Feedback to SAMHSA’s Recovery Housing: Best Practices and Suggested Minimum Guidelines.
- December 20, 2018 ABHW Comments on the Expanding the Use of Telehealth Services for the Treatment of Opioid Use Disorder under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act Interim Final Rule and the Medicare Payment for Certain Services Furnished by Opioid Treatment Programs (OTPs) Request for Information.
- April 23, 2018 Senate Committee on Health, Education, Labor, and Pensions (HELP) taking a leadership role in combatting the opioid epidemic by introducing The Opioid Crisis Response Act of 2018 (S. 2680).
- April 11, 2018 ABHW Provides the Senate HELP Committee with Policy Considerations for Addressing the Opioid Crisis.
- April 11, 2018 Partnership Opioid HELP Letter.
- March 15, 2018 ABHW Responds to Ways and Means Committee RFI on Opioid Epidemic Solutions.
- February 21, 2018 ABHW Responds to Request by the Ranking Members for the House Committee on Ways and Means and the House Committee on Energy and Commerce Regarding Efforts to Address Opioid Epidemic.
- February 16, 2018 ABHW responds to the Senate Finance Committee’s request for policy recommendations related to addressing the opioid epidemic.
- October 20, 2017 Statement of Pamela Greenberg, MPP, President and CEO, Association for Behavioral Health and Wellness, Before the President’s Commission on Combating Drug Addiction and the Opioid Crisis.
- October 16, 2017 Partnership to Amend 42 CFR Part 2 Letter of Support for The Protecting Jessica Grubb’s Legacy Act.
- July 27, 2017 ABHW Letter to President’s Opioid Commission.
- May 3, 2017 The Partnership to Amend 42 CFR Part 2 Letter to President’s Opioid Commission.
- May 2016 ABHW Paper on Behavioral Health Organizations Current and Future Approaches to Addressing the U.S. Opioid Crisis.
Privacy and Confidentiality
The Confidentiality of Alcohol and Drug Abuse Patient Records regulations, 42 CFR Part 2, was designed to facilitate health integration and information exchange within new health care models while continuing to protect the privacy and confidentiality of patients seeking treatment for substance use disorders.
ABHW members successfully advocated for aligning substance use disorder privacy protections with the Health Insurance Portability and Accountability Act (HIPAA) for treatment, payment, and health care operations in an effort to provide patients with safe, coordinated, and informed care.
ABHW is the founder and chair of the Partnership to Amend 42 CFR Part 2 (Partnership). The Partnership is a coalition of 50 organizations representing stakeholders from across the health care spectrum and successfully aligned Part 2 with the treatment, payment, and health care operations language in HIPAA to ensure appropriate access to patient information essential for providing whole-person care. Read more about the Partnership here.
Comment Letters
January 31, 2023 2023 ABHW Submits Comments on the Notice for Proposed Rulemaking for the Confidentiality of SUD Patient Records.
- May 6, 2021 Proposed Modifications to the HIPAA Privacy Rule to Support and Remove Barriers to Coordinated Care and Individual Engagement NPRM [RIN 0945-AA00].
- April 28, 2020 Health Care Coalition Urges HHS to Issue Privacy and Confidentiality Rule.
- March 2, 2020 The Partnership to Amend 42 CFR Part 2 Applauds Senators Capito and Manchin for the Reintroduction of the Protecting Jessica Grubb’s Legacy Act.
Medicare and Medicaid
ABHW supports policies that ensure access to medically necessary, evidence-based behavioral treatment for the medicaid population.
Medicaid accounts for about 26 percent of behavioral health spending and is the largest source of funding for the country’s public mental health system. One in five individuals out of Medicaid’s nearly 70 million patients have a MH/SUD diagnosis. The Medicaid expansion program has provided coverage to persons with MH/SUD who might not otherwise had access to care; and it has led to significant increases in coverage and access to services, better care and state savings.
Comment Letters
January 8, 2024 ABHW Comments on the U.S. Department of Health and Human Services (HHS) and Centers for Medicare & Medicaid Services (CMS) Notice of Proposed Rulemaking (NPRM) on the Notice of Benefit and Payment Parameters for 2025 (NBPP).
- January 5, 2024 ABHW Comments on the Centers for Medicare & Medicaid Services (CMS) Medicare Program; Contract Year 2025 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; Health Information Technology Standards and Implementation Specifications (MAPD) Notice of Proposed Rulemaking (NPRM or Proposed Rule).
- January 2, 2024 ABHW Comments on the Centers for Medicare & Medicaid Services (CMS) 2025 Draft Letter to Issuers in the Federally-facilitated Exchanges (2025 Draft Letter).December 4, 2023 ABHW Comments on the Centers for Medicare and Medicaid Services (CMS), Center for Medicaid and CHIP Services (CMCS) Request for Comments on Processes for Assessing Compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) in Medicaid and CHIP.
- September 11, 2023 ABHW Comments on the Centers for Medicare & Medicaid Services Notice of Proposed Rulemaking for the Medicare Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Intensive Outpatient Program Provisions.
- September 11, 2023 ABHW Comments on the Centers for Medicare & Medicaid Services Notice of Proposed Rulemaking for the Medicare and Medicaid Programs: Calendar Year 2024 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies.
- July 3, 2023 ABHW Comments on the Centers for Medicare & Medicaid Services Notice of Proposed Rulemaking for the Medicaid Program; Medicaid and Children’s Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality.
- July 3, 2023 ABHW Comments on the Centers for Medicare & Medicaid Services Notice of Proposed Rulemaking for the Medicaid Program; Medicaid and Children’s Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality.
- July 3, 2023 ABHW Comments on the Centers for Medicare & Medicaid Services Notice of Proposed Rulemaking for the Medicaid Program; Ensuring Access to Medicaid Services.
- March 6, 2023 ABHW Submits Comments on the Advance Notice of Methodological Changes for Calendar Year (C.Y.) 2024 for Medicare Advantage (M.A.) Capitation Rates and Part C and Part D Payment Policies.
- February 13, 2023 ABHW Submits Comments on the Notice of Proposed Rulemaking for the Centers for Medicare & Medicaid Services (CMS) Medicare Program; Contract Year 2024 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, Medicare Parts A, B, C, and D Overpayment Provisions of the Affordable Care Act and Programs of All-Inclusive Care for the Elderly; Health Information Technology Standards and Implementation Specifications (MAPD).
- December 6, 2022 ABHW Responds to CMS RFI: Make Your Voice Heard: Promoting Efficiency and Equity Within CMS Programs.
- October 21, 2022 ABHW Submits Comments to the Centers for Medicare & Medicaid Services (CMS) on the Proposed Rule on Mandatory Medicaid and CHIP Core Set Reporting.
- September 13, 2022 Comments on the Centers for Medicare and Medicaid Services’ Proposed CY 2023 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Acquisition; Rural Emergency Hospitals: Payment Policies, Conditions of Participation, Provider Enrollment, Physician Self-Referral; New Service Category for Hospital Outpatient Department Prior Authorization Process; Overall Hospital Quality Star Rating.
- September 6, 2022 ABHW Comments on the Centers for Medicare and Medicaid Services’ Proposed CY 2023 Physician Fee Schedule.
- August 31, 2022 ABHW Comments on the Centers for Medicare and Medicaid Services’ Medicare Program Request for Information.
- July 27, 2022 ABHW Comment on the Centers for Medicare and Medicaid Services’ (CMS) Proposed Rule to Implement Certain Provisions of the Consolidated Appropriations Act of 2021 and Other Revisions to Medicare Enrollment and Eligibility Rules.
- March 7, 2022 ABHW Comment on the Centers for Medicare and Medicaid Services’ Proposed Rule Related to CY 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefits Programs.
- January 4, 2021 ABHW Comments on the Center for Medicare and Medicaid Services’ Proposed Rule Addressing Prior Authorization and Reducing Burden on Patients and Providers.
- September 10, 2020 Leading Mental Health Organizations Applaud the Introduction of the PEERS ACT of 2020 to Allow Participation of Peer Support Specialists in Behavioral Health Integration Services in Medicare.
- July 6, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ 1135 Waivers as well as the Second Interim Final Rule with Comment Period Regarding Additional Policy and Regulatory Revisions to Medicare and Medicaid in Response to the COVID-19 Public Health Emergency.
- June 1, 2020 ABHW Comment on the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule with Comment Period (IFC) Regarding the Policy and Regulatory Revisions to Medicare and Medicaid in Response the COVID-19 Public Health Emergency.
- April 6, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ Contract Year 2021 and 2022 Medicare Advantage and Part D Proposed Rule.
- March 23, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ Request for Information for Coordinating Care from Out-of-State Providers for Medicaid-Eligible Children with Medically Complex Conditions (RFI).
Parity
The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) requires group health plans and insurers that offer mental health and substance use disorder benefits to provide coverage that is comparable to coverage for general medical and surgical care.
ABHW member companies have long believed that it is important for financial and treatment coverage in health insurance policies to be equal between behavioral and physical medical health care.
ABHW was a strong advocate for passage of MHPAEA and remains critically involved with its member companies and regulators in the implementation of this landmark legislation.
Comment Letters
December 4, 2023 ABHW Comments on the Centers for Medicare and Medicaid Services (CMS), Center for Medicaid and CHIP Services (CMCS) Request for Comments on Processes for Assessing Compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) in Medicaid and CHIP.
- August 22, 2022 ABHW Comments on Request for Notice of Medical Necessity Criteria Under the Mental Health Parity and Addiction Equity Act of 2008.
- July 24, 2020 ABHW Comments on the U.S. Department of Labor’s Employee Benefits Security Administration Mental Health Parity and Addiction Equity Act Self-Compliance Tool.
- May 3, 2019 ABHW Submits Comments on the IRS’s Draft Model Disclosure Request Form.
Health Care Reform
Behavioral health is an integral part of whole health and a critical part of the costs of the health care system.
In January 2017, approximately 1.8 million of the 21 million people covered under the Affordable Care Act (ACA) were receiving mental health (MH) services and subsidies; approximately 1.25 million people with serious mental disorders, and about 2.8 million Americans with a substance use disorder (SUD).
ABHW supports the following provisions that ensure persons with MH/SUD maintain comprehensive coverage for medically necessary services: 1) Continuing coverage, including comprehensive behavioral health benefits, for individuals currently eligible for Medicaid and Medicaid expansion; 2) Inclusion of MH/SUD as a covered benefit; and 3) Requiring financial and treatment limits to be comparable between behavioral and physical health.
Comment Letters
January 31, 2023 ABHW Submits Comments on the HHS/ CMS Request For Information on Essential Health Benefits.
- January 30, 2023 ABHW Submits Comments on the HHS Notice of Benefit and Payment Parameters for 2024.
- January 6, 2023 ABHW Responds to the CMS Request for Information on the National Directory of Healthcare Providers and Services.
- January 27, 2022 ABHW Comment on the Centers for Medicare and Medicaid Services’ (CMS) Proposed Notice of Benefit and Payment Parameters Rule for 2023 (Proposed Rule).
- December 24, 2020 ABHW Comments on the Effective and Innovative Approaches/Best Practices in Health Care in Response to the COVID-19 Pandemic; Request for Information
- April 12, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ (CMS) Request for Information Regarding Maternal and Infant Health Care in Rural Communities (RFI).
- March 2, 2020 ABHW Comments on the Centers for Medicare and Medicaid Services’ (CMS) Proposed Notice of Benefit and Payment Parameters Rule for 2021 (proposed rule).
- January 29, 2020 ABHW Comments on the Department of Health and Human Services’ MLR Proposed Rule and the Transparency Proposed Rule.