Article

Expanding Access to Virtual Behavioral Care: Navigating State and Federal Regulations

Published By Morgan Gonzales | March 25, 2024 for Behavioral Health Business

In 2024, the future of virtual behavioral health hangs in the balance as the federal government weighs the permanence of telehealth flexibilities established during the COVID-19 pandemic. These flexibilities, particularly crucial for providers offering care to Medicaid beneficiaries or prescribing controlled substances for conditions like substance use disorders (SUDs), may face changes or expiration later in the year. Despite this uncertainty, there's a growing acknowledgment of telehealth's efficacy, with Health and Human Services Secretary Xavier Becerra advocating against allowing these flexibilities to lapse.

Telehealth not only offers extensive benefits to patients, including increased access to specialized clinicians and support for conditions like opioid use disorder (OUD), but it also presents challenges tied to federal and state regulations. The lack of a permanent framework for prescribing controlled substances at the federal level and varying state regulations pose obstacles for providers navigating compliance while expanding their reach. Meanwhile, advocacy efforts push for interstate licensure compacts to streamline access to telehealth services across state lines, though challenges persist, particularly for Medicaid beneficiaries seeking SUD treatment. With major regulatory changes looming and the fate of telehealth in the balance, stakeholders emphasize the urgency of federal policymaking and advocate for measures to ensure continued access to virtual behavioral health services.

Key Takeaways

  1. Federal Considerations: 2024 marks a pivotal moment for virtual behavioral health as the federal government deliberates on the permanence of COVID-era telehealth flexibilities.
  2. Regulatory Influence: Federal and state regulations significantly impact the availability and delivery of behavioral telehealth appointments, especially for Medicaid beneficiaries and providers prescribing controlled substances for conditions like substance use disorders (SUDs).
  3. Potential Regulatory Changes: Several regulatory flexibilities that facilitated virtual care during the pandemic may change or expire in 2024, prompting advocacy efforts to retain them.
  4. Benefits of Telehealth: Telehealth offers extensive benefits, including increased access to specialized clinicians, support for conditions like opioid use disorder (OUD), and the ability to maintain treatment continuity.
  5. Regulatory Challenges: Providers must navigate complex federal and state regulations regarding licensure, coverage, reimbursement, and prescribing practices to ensure compliance while expanding their telehealth services.
  6. Interstate Licensure Compacts: Multi-state licensure compacts, such as the Psychology Interjurisdictional Compact (PSYPACT), aim to streamline access to telehealth services across state lines, although challenges remain, particularly for Medicaid beneficiaries.
  7. Advocacy and Urgency: Stakeholders emphasize the urgency of federal policymaking to ensure continued access to virtual behavioral health services and address regulatory challenges facing providers and patients alike.

From the Article

"2024 could prove pivotal for virtual behavioral health as the federal government considers making COVID-era telehealth flexibilities permanent. 

Federal and state regulations can heavily influence the availability of behavioral telehealth appointments. For behavioral health providers who provide care to Medicaid beneficiaries, or who prescribe controlled substances for conditions like substance use disorders (SUDs), regulations can be even more restrictive.

Several regulations that have created flexibility for behavioral health providers offering virtual care may change or expire later this year. Still, the federal government is signaling that telehealth is likely here to stay."

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