June 20, 2016
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Amended mental health reform act approved by committee, proceeds to House

Recently the House Energy and Commerce Committee unanimously approved a revised version of the Helping Families in Mental Health Crisis Act (HR 2646).

The bill, introduced and championed by Rep. Tim Murphy, R-Pa., will now go to the House floor to be considered by the full chamber.

Significant provisions of the revised Helping Families in Mental Health Crisis Act include:

  • A limit on Medicaid coverage for inpatient mental health care at institutions for mental diseases exclusion, as per the final Medicaid managed care rule;
  • The bill no longer uses language that would lessen Health Information Portability Accountability (HIPAA) restrictions, though it does create a program to educate providers about what information can and cannot be shared;
  • The bill no longer requires CMS to report on federal investigations into compliance with the law but does require the Government Accountability Office to complete a study on federal oversight of group health plans, including Medicaid managed care plans;
  • Reauthorization of grant programs, including the Garrett Lee Smith program, though no new funding was provided;
  • Extension of an assisted outpatient grant program for individuals with serious mental illness through 2020, but the bill no longer includes a provision providing states with existing assisted outpatient treatment laws a 2% increase in block grant funding;
  • Creation of an assistant secretary for mental health within the department of Health and Human Services. The position assumes roles and responsibilities of the Substance Abuse and Mental Health Services Administration (SAMHSA) administrator but no longer requires Senate confirmation; and
  • The bill requires SAMHSA, NIMH, the assistant secretary of mental health and the HHS secretary to create a strategic plan and calls for an independent evaluation of SAMHSA to determine if the agency meets its indicated purpose.

During the meeting, committee members offered and withdrew a number of amendments supported by the National Council for Behavioral Health, which could resurface as the bill moves through the final stages, according to a press release.

These include amendments based on the Behavioral Health Coverage Transparency Act (HR 4276) and the Mental Health in Schools Act (S. 1588/HR 1211).