Advocacy Alert: March 2023 Advocacy Update for NBHAP Members

March 15, 2023

Greetings, BHAP Members!

On behalf of Slingshot Solutions, thank you for your membership in NBHAP and your commitment to advocacy that will shape the future of behavioral health. As your advocate in Washington, D.C., it is my responsibility to keep you informed when it comes to policy developments, and to represent your interests before the federal government. We do this by working with Congress, the White House and executive agencies, and other interest groups and coalitions.

Andrew Kessler
Principal
Slingshot Solutions LLC

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In the last Congress, Senator Gillibrand of New York introduced the Family Support Services for Addiction Act. It seeks to establish a grant program to help nonprofits and community organizations provide support services to families with loved ones seeking addiction treatment is an essential step in the treatment of substance use disorders. NBHAP supported the legislation, and its leadership met with Senator Gillibrand’s staff in Washington D.C. Unfortunately, the 117th Congress ended without it passing. Now, in the 118th Congress, we are working with the Senator to re-introduce the bill and again work for its passage. The legislation would authorize the spending of $25 million over 5 years in the form of grants to communities. The funds would establish programs for family support services, so that they may be better prepared and trained to deal with the challenges of a family member that is receiving treatment for an SUD.

Senator Markey, always an ally of the recovery community, has introduced S. 644, the Modernizing Opioid Treatment Access Act (the “M-OTAA”), which would expand methadone access by allowing pharmacies to fill prescriptions for take-home doses. If enacted, the M-OTAA would allow Opioid Treatment Program (OTP) clinicians and addiction specialist physicians to prescribe methadone for opioid use disorder (OUD) treatment that can be picked up at pharmacies, subject to Substance Abuse and Mental Health Services Administration (SAMHSA) rules and guidance on supply of methadone for unsupervised use. BHAP is in full support of this legislation.

As we make gains on the methadone front, there have unfortunately been setbacks on the buprenorphine front. During the COVID pandemic, doctors were allowed to prescribe buprenorphine via telehealth, without an in-office visit by the patient being required. There was great optimism this rule would stay in place when the COVID emergency officially ended. With the public health emergency due to sunset, however, the Drug Enforcement Administration has announced the rule will not stay intact. The only change moving forward will be that buprenorphine treatment can be initiated via a telehealth visit, but the patient must make an in-office visit within thirty days in order to continue the prescription. While the DEA is accepting comments from the public on this proposed rule, it is unclear at this time whether their proposal will be modified.

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Questions? Concerns?

As always, we want your input. What topics would you like to see us cover in future Advocacy Alerts? If you are a representative of a state association and have something for us to consider for an Advocacy Alert, let us know! Please contact us with any questions or concerns you have about our advocacy efforts.