To Whom it May Concern:

Similar documents
May 6, The White House 1600 Pennsylvania Avenue, NW Washington, DC Dear President Obama:

Mental Health Liaison Group

The Affordable Care Act (ACA): What It Means for the Addiction Profession

Mental Health Liaison Group

COALITION FOR WHOLE HEALTH

Include Substance Use Disorder Services in New Hampshire Medicaid Managed Care

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

AFFORDABLE CARE ACT IMPLICATIONS AND OPPORTUNITIES FOR IMPROVING ENROLLMENT FOR HOMELESS POPULATIONS

Module 6: Substance Use

MENTAL HEALTH PARITY, ETHICS, AND THE LAW:

Robert Edelman, M.Ed., Ed.S. Licensed Mental Health Counselor

Columbia University TeenScreen Program. The Carmel Hill Center at the Division of Child & Adolescent Psychiatry Columbia University

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

The dramatic growth of managed. Use of Psychiatrists, Psychologists, and Master s-level Therapists in Managed Behavioral Health Care Carve-Out Plans

Kay Johnson, MPH, EdM February 14, 2012 Association of Maternal and Child Health Programs, Washington DC

BH Disparities in Hispanic and Latino Populations

Current journals indexed on Social Care Online February 2018

HOW COVERAGE EXCLUSIONS IN MARKETPLACE PLANS COMPROMISE WOMEN S HEALTH AND ECONOMIC SECURITY

Prevention in Integration: Models from the Field

FACT SHEET: Federal Parity Task Force Takes Steps to Strengthen Insurance Coverage for Mental Health and Substance Use Disorders

American Association for Cardiovascular and Pulmonary Rehabilitation (AACVPR)

Insurance Coverage Changes for People with HIV Under the ACA

DMAS UPDATE ON GAP PROGRAM. Cindi B. Jones, Director, DMAS House Appropriations Committee September 18, 2017

SAMHSA: A Public Health Agency

Can Licensed Mental Health Counselors Administer and Interpret Psychological Tests?

The Next Step for Peer Support. inaps Conference 2016 Philadelphia

Suicide Prevention Strategic Plan

Missouri CCBHC Initiative: Early results show expanded access to care, increased scope of services

Ray County Memorial Hospital 2016 Implementation Plan 1

Medicaid Expansion: Its Critical Role in Ohio s Response to the Addiction Crisis

GUIDELINES FOR POST PEDIATRICS PORTAL PROGRAM

Re: Organizational Endorsement of the Health Equity & Accountability Act of 2016

The Value of Engagement in Substance Use Disorder (SUD) Treatment

University of Michigan Health System 2013 Implementation Plan Logic Models

SAMHSA FY 2017 Discretionary Grant Forecast

Adult Mental Health Services applicable to Members in the State of Connecticut subject to state law SB1160

House Committee on Energy and Commerce House Committee on Energy and Commerce. Washington, DC Washington, DC 20515

Ensuring Access to Mental Health Services For All Chicagoans

Submitted to the House Energy and Commerce Committee. Federal Efforts to Combat the Opioid Crisis

Tobacco Cessation and the Affordable Care Act

Child and Adolescent Psychiatry Trends. ADAMHS Board - 28 Oct 2014

Behavioral Health Providers: Facility/Ancillary Application Addendum

Kentucky s Plan to Address the Opioid Crisis National Statistics. Scope of the Problem 3/14/18

FY2017 ANNUAL REPORT

Executive Summary. Strengthening At Risk and Homeless Young Mothers and Children, Year 1: EVALUATION REPORT: YEAR 1

Quad Cities July 3, 2008

IOWA COALITION ON MENTAL HEALTH AND AGING. Policy and Administration Workgroup

HHSC LAR Request. Substance Abuse Disorder Coalition. Contact Person: Will Francis Members:

Washington, DC Washington, DC Services, Education, and Related Agencies Services, Education, and Related Agencies

Wednesday, June 21, Dear Chairmen and Ranking Members:

SB365: Autism Health Insurance Reform

Columbia University TeenScreen Program

Educating Courts, Other Government Agencies and Employers About Methadone May 2009

Fwd: Council File No OPPOSED to Community Care Ordinance 1 message

January 2, Dear Technical Review Committee Members:

June 1, Dear Senator:

Children and Adults with Attention-Deficit/Hyperactivity Disorder Public Policy Agenda for Adults

Robert Edelman, M.Ed., Ed.S. Licensed Mental Health Counselor

Presbyterian Centennial Care. Substance Use Disorder Services and Supports

Mental Health Parity and Addiction Equity Act (MHPAEA)

REPORT OF THE COUNCIL ON SCIENCE AND PUBLIC HEALTH. AMA Policy Consolidation: Influenza and Influenza Vaccine

RHODE ISLAND CANCER PREVENTION AND CONTROL

Case 1:15-cv RBJ Document 1 Filed 02/09/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

THE AFFORDABLE CARE ACT, MEDICAID & RYAN WHITE: THE HIV VOTE. Daniel Tietz, RN, JD Executive Director

Re: Impact of Prohibiting HIV Prescription Drug Co-pay Cards from Counting Towards Deductibles and Maximum Out-of-Pocket Expenses

70.4% of clients rated the services they received as excellent and 25.9% rated the services as very good. Specialized Clinical Services:

No An act relating to health insurance coverage for early childhood developmental disorders, including autism spectrum disorders. (S.

STATE ALZHEIMER S DISEASE PLANS: WORKFORCE DEVELOPMENT

Building a Comprehensive, Community-driven Prevention Approach to the Opioid Crisis in Maine

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC ) ) ) ) SECOND REPORT AND ORDER AND THIRD FURTHER NOTICE OF PROPOSED RULEMAKING

The ABCs of Health Care Reform: Practical Strategies for Integrating Mental Health Care in Primary Care

HIV Rules & Statutes:

Prince George s County Health Department Health Report Findings

Written Protocol. Moving Tennessee Forward in Access to Care

Substance Abuse. Among current drinkers, men in nonmetro areas consume 5 or more drinks in one day than those in metro areas (56% vs.

Collaborative for Effective Prescription Opioid Policies

Criteria and Benchmarks for Achieving the Goal of Ending Family Homelessness

FAQ FOR THE NATA AND APTA JOINT STATEMENT ON COOPERATION: AN INTERPRETATION OF THE STATEMENT September 24, 2009

Jefferies Healthcare Conference. June 2016

Cuyahoga County Council Committee of the Whole

A Drug Policy for the 21st Century

September 20, Thomas Scully Administrator Centers for Medicare and Medicaid Services 200 Independence Avenue SW Washington, DC 20201

I. Include Community Mental Health and Addiction Services Providers in Federal HIT Funding Opportunities

TAG TEAM TOGETHER EVERYONE ACHEIVES MORE

Requiring premiums as well as instituting lockout periods and enrollment limits will increase the number of uninsured and result in barriers to care

COMMUNITY BENEFIT REPORT 2017

New England Practice & Policy Kick-Off Webinar September 30, :00-2:30 PM (Eastern)

and of Wayne & Holmes Counties

SUICIDE PREVENTION FOR PUBLIC SCHOOL PUPILS AND TEACHING STAFF MEMBERS

Coffee Break Protecting Vulnerable Populations: Preventing Substance Use Among Adolescents with Emotional or Psychiatric Illnesses

TIMOTHY D MCMANUS, PSYD., ABPP-RP, ABN Curriculum Vitae

Membership Standards Update and Resources. May 2015

The Inability to Bridge the Gap in Oral Health and Health Care through the Affordable Care Act (ACA)

(C) Formal Education:

COALITIONS MAKING A DIFFERENCE

The Honorable Mitch McConnell The Honorable Harry Reid

American Diabetes Association 2017 Advocacy Priorities LaShawn McIver, MD, MPH Friday, February 17, :30 p.m. 5:15 p.m.

Mary s Center. School Based Mental Health Program

Evaluating Elements of Scopes of Practice in the Military Health System

Tom Williams, MD Chief Medical Officer Director of the Division of Public Health Nebraska Department of Health and Human Services

Transcription:

RE: Letter in Support of Plaintiffs in Lawsuit Challenging Federal Final Rule Authorizing Short-Term, Limited-Duration Insurance -- which Undercuts Affordable Care Acts Reforms, especially Mental Health and Substance Use Disorder Parity Coverage To Whom it May Concern: On September 14, 2018, a lawsuit was filed in the United States District Court for the District of Columbia against the Departments of Treasury, Labor, and Health and Human Services, three individuals in their capacities as Secretaries of those respective Departments, and the U.S. Department of Justice. The suit was brought by the Association for Community Affiliated Plans, the National Alliance on Mental Illness, Mental Health America, the American Psychiatric Association, AIDS United, the National Partnership for Women and Families, and the Little Lobbyists to challenge the short-term, limited-duration insurance (STLDI) coverage final rule. The final rule significantly expands access to STLDI plans by allowing such plans to be sold for coverage periods of up to 12 months, with renewable or extension periods up to three (3) years. The Kennedy Forum and the undersigned organizations stand in support of the plaintiffs and in opposition of the final rule on the grounds that the STLDI final rule is both arbitrary and capricious and will have an adverse effect upon individuals in need of mental health and substance use disorder (MH/SUD) treatment. STLDI plans are not meant to serve as the primary form of health insurance coverage of individuals for extended periods of time. Rather, STLDI plans are intended to be temporary solutions to bridge brief coverage gaps until proper health insurance coverage is attained. These plans are not subject to the market reforms set forth by the Affordable Care Act (ACA) and thus are not prohibited from denying coverage or excluding coverage based on preexisting conditions or subjecting consumers to discriminatory medical underwriting practices. Additionally, the plans do not fall under the definition of individual health insurance coverage as adopted by the ACA and are therefore not required to offer the essential health benefits or comply with federal parity requirements. As referenced in the complaint as well, these proposed insurance policies are anything but short-term or limited duration as defined by applicable state and federal laws. It is the aforementioned market reforms which demonstrate the ACA s capability of increasing access to affordable healthcare. The final rule repeatedly states its intention is to provide more affordable alternative coverage options to consumers, especially relatively young, relatively healthy individuals. However, expanding access to STLDI plans as an alternative form of coverage is irreconcilable with the ACA s purposes and undermines ongoing efforts to reduce the number of underinsured Americans. This is especially true for more vulnerable populations. STLDI plans will likely attract healthier individuals, which will lead to adverse risk selection for ACA marketplace plans who will continue to enroll individuals with

pre-existing conditions and high medical costs. Unfortunately, some consumers who will be purchasing STLDI plans will not be aware that their MH/SUD coverage is severely limited in this form of insurance. In April 2018, in response to the proposed rules, the Kaiser Family Foundation conducted a review of STLDI products offered on private online insurance marketplaces. 1 They found that 43% of these plans did not cover mental health services, and most did not cover services for SUD treatment or outpatient prescription drugs. Additionally, researchers found that when short-term plans do cover mental health, substance abuse, and prescription drugs, limitations and exclusions almost always apply. This clearly demonstrates STLDI plans are ill-equipped to serve a nation with a demonstrated growing need and demand for MH/ SUD services. The need for MH/SUD services is further indicated by the 2017 National Study on Drug Use and Health (NSDUH) released on September 14, 2018. Incidentally, the relatively young population that the final rule indicates will be drawn to STLDI plans is the same age bracket SAMSHA claims is in the most dire need for MH/ SUD services. The study found young adults are currently experiencing increasing rates of serious mental illness, major depression, and suicidality and more Americans are using drugs now than reported two years ago. 2 These findings should be an impetus to increase the accessibility of services for MH/SUD. Instead, the STLDI Final Rule stands in direct contradiction to what is evidently needed. In light of the ongoing opioid and suicide crises prematurely taking the lives of thousands of Americans, it is irresponsible and unjustifiable to promote the proliferation of scanty insurance plans in the midst of one of the greatest public health crises of our time. We believe all sectors need to be united in the pursuit of a health care system that assures accessibility to affordable care and more equitably treats both mind and body. Therefore, we support NAMI, MHA, APA, and company in their litigation and continued mission for health equity. Sincerely and Respectfully, Patrick J. Kennedy Former U.S. Representative (D-RI) Founder, The Kennedy Forum Co-Founder, OneMind 2020 Mom Ability Network of Delaware Alliance for Addiction and Mental Health Services Maine American Art Therapy Association American Association for Geriatric Psychiatry American Association for Marriage and Family Therapy American Association for Psychoanalysis in Clinical Social Work 1 https://www.kff.org/health-reform/issue-brief/understanding-short-term-limited-duration-health-insurance/ 2 https://www.samhsa.gov/data/nsduh/reports-detailed-tables-2017-nsduh

American Association of Child & Adolescent Psychiatry American Association on Health and Disability American Foundation for Suicide Prevention American Group Psychotherapy Association American Psychiatric Nurses Association American Psychological Association American Society of Addiction Medicine Arizona Psychiatric Society Association for Ambulatory Behavioral Healthcare Association for Behavioral Healthcare Black Network In Children's Emotional Health "Be Nicer" Children and Adults with Attention-Deficit Hyperactivity Disorder Clinical Social Work Association Community Behavioral Healthcare Association of Illinois Confederation for Independent Psychoanalytic Societies of the United States CURE IL Depression and Bipolar Support Alliance Eating Disorders Coalition Ecker Center for Mental Health Empowerment Systems EverThrive Illinois Facing Addiction with The National Council on Alcoholism and Drug Dependence Families USA Global Alliance for Behavioral Health and Social Justice Health Law Advocates Heartland Alliance Illinois Association for Behavioral Health Illinois Collaboration on Youth Illinois Mental Health Counselors Association Illinois Psychiatric Society

Legal Action Center Marie Casciari, Shareholder of DeBofsky Sherman & Casciari P.C. Mark DeBofsky, Member of DeBofsky Sherman & Casciari P.C. Mental Health America of Arizona Mental Health America of Illinois Mental Health America of Indiana Mental Health America of Los Angeles Mental Health Coalition Verde Valley Mental Health Summit NAMI Barrington Area NAMI Chicago NAMI Dona Ana County NAMI Illinois NAMI Miami-Dade County, Inc NAMI Oregon NAMI Sedona National Alliance on Mental Illness New Mexico National Association for Children s Behavioral Health National Association of Social Workers National Association of Social Workers Illinois Chapter National Council for Behavioral Health One Mind Parity Implementation Coalition Psychiatric Rehabilitation Association of New Mexico Psychotherapy Action Network Residential Eating Disorders Consortium Rosecrance Health Network TASC, Inc. (Illinois) Ted Weiss, Weiss Law Firm Tennessee Association of Alcohol, Drug & other Addiction Services

The American Counseling Association The Arizona Council of Human Service Providers The Chronic Disease Coalition The EMDR International Association The JEM Foundation The Kennedy Forum Illinois The National Alliance to Advance Adolescent Health The National Association for Rural Mental Health The National Association of County Behavioral Health and Developmental Disability Directors The National Federation of Families for Children's Mental Health The Sargent Shriver National Center on Poverty Law Thresholds Thrive Counseling Center Treatment Communities of America