SUD Crisis

Congress should amend the Americans with Disabilities Act (ADA) (42 U.S.C. § 12114) so that individuals with substance use disorders (SUDs) are afforded the same protections as those with other medical conditions, regardless of whether they are currently using illegal drugs or alcohol.[1] Titles I and II of the ADA should be interpreted and enforced to limit discrimination and maximize employment opportunities for individuals with mental health and substance use disorders (MH/SUD).[2] Additionally, the law’s protections should apply to insurance, including disability and life insurance, to prevent discrimination against people with MH/SUD.

The Centers for Disease Control (CDC) should work with states to standardize procedures and reporting of drug-related and suicide deaths.

Congress should fund the creation of a robust national mental health and substance use public health surveillance system within the U.S. Department of Health and Human Services.

Congress should pass the Behavioral Health Crisis Care Centers Act, which would provide grant funding for states, cities and counties, and tribal governments to establish, operate, and expand one-stop crisis facilities and wrap-around services.[1][2][3] Additionally, Congress should require the Centers for Medicare and Medicaid Services (CMS) to establish a bundled payment under the Outpatient Prospective Payment System (OPPS) for crisis stabilization services for Medicare beneficiaries in crisis to cover up to 23 hours of crisis stabilization services.[4] CMS should also publish a report examining options for providing Medicare coverage of crisis stabilization services furnished by non-hospital providers that cannot bill Medicare under the OPPS.[4]

Congress should pass the Behavioral Health Crisis Services Expansion Act to ensure communities have the resources they need to provide services for people experiencing a mental health or substance use (MH/SUD, or “behavioral health”) crisis.[1][2]

The Administration should move without delay to lift the Contingency Management limit of $75 per patient per year.