SUD Crisis

The U.S. Department of Health and Human Services (HHS) must finalize strong regulations to align privacy protections for substance use disorder (SUD) patient recommendations with protections under the Health Insurance Portability and Accountability Act (HIPAA). Congress previously passed legislation to address problems caused by a provision of federal law – 42 CFR Part 2 – that has inhibited the integration of SUD care with mental health and physical health care.[1]

The Centers for Medicare and Medicaid Services (CMS) should fix its currently flawed implementation of Essential Health Benefits (EHB) for mental health and substance use disorders (MH/SUD), which results in large coverage gaps for key services and allows many state benchmark plans to be in blatant violation of the Mental Health Parity and Addiction Equity Act’s (MHPAEA) requirements.[1]

The Centers for Medicare and Medicaid Services (CMS), Food and Drug Administration (FDA), and the United States Preventive Services Task Force (USPSTF) should implement a fast-track review process for any new evidence-based technology supporting substance use disorder (SUD) prevention and treatments.[1]

Congress should utilize tax credits and grant programs to fund new (or existing) newborn intensive care units in all hospitals to provide specialized care for infants with neonatal abstinence syndrome (NAS) and ensure mothers and their children remain in close proximity with each other after birth.[1]

The Centers for Disease Control and Prevention (CDC) should develop an early identification campaign for mental health and substance use disorders (MH/SUDs) that is similar to the agency’s "Learn the Signs. Act Early. Program," which focuses on learning and knowing the signs of developmental delays in children.[1]

Congress should pass the STRIP Act to amend the Controlled Substances Act (CSA) to exempt individuals from punishment for the possession, sale, or purchase of fentanyl drug testing equipment.