ATTENTION ALCOHOLISM AND SUBSTANCE ABUSE SERVICES PROVIDERS: SAMHSA’s Proposed Changes to 42 CFR Part 2 Address Key Integration Issues, Raise Other Questions About Compliance Responsibilities

In an earlier post, we highlighted that the federal Substance Abuse and Mental Health Services Administration (“SAMHSA”) submitted a proposed rule for public comment in the February 9, 2016 edition of the Federal Register, see 81 FR 6988, proposing a number of changes to 42 CFR Part 2 (“Part 2”), the federal regulations governing the […]

SAMHSA Submits Proposed Changes to 42 C.F.R. Part 2

Alcoholism, substance abuse and chemical dependency treatment providers should be aware that the Substance Abuse and Mental Health Services Administration (“SAMHSA”) has promulgated proposed changes to regulations regarding the privacy and confidentiality of what are now called “substance use disorder” treatment records.  Those privacy regulations, which are located at 42 C.F.R. Part 2, are well […]

Behavioral Home and Community-Based Services Delayed

The New York State has delayed implementation of Behavioral Home and Community-Based Services (“HCBS”) outside of New York City.  These new services were scheduled to begin on July 1, 2016, but are now slated to be phased in three months later, on October 1, 2016. Non-HCBS behavioral health care services will be offered through Medicaid […]

Disclosure Of Student Mental Health Records: Teachable Moment From Oregon

This month’s column in the Albany County Bar Association Newsletter reviews the situation that unfolded earlier this year at the University of Oregon.  The university, which had been put on notice of a tort claim by a student in connection with an alleged sexual assault,  controversially obtained the treatment records of the same student from an on-campus […]

New York State Attorney General Cracks Down on Mental Health Parity Violations

This year, the New York State Attorney General reached settlements with three health insurance companies for claimed violations of Timothy’s Law.  EmblemHealth (“Emblem”) recently agreed to pay $1.2 million in civil penalties, take remedial action, and participate in restitution which may exceed $31 million.  MVP and Cigna each faced penalties earlier this year.  Timothy’s Law, […]

OMH, OASAS and DOH Unveil Behavioral Health Managed Care Update

Earlier this week a team from New York State’s Office of Mental Health (OMH), Office of Alcoholism and Substance Abuse Services (OASAS) and the Department of Health (DOH) presented a webinar describing progress made on managed care program design activities intended to bring behavioral health into Care Management for All. Care Management for All is a […]