Monday, May 14, 2018

NAMA RECOVERY STATEMENT TO OPPOSE THE OVERDOSE PREVENTION AND PATIENT SAFETY ACT (HR 3545)


National Alliance for Medication Assisted Recovery
Press Release

Contacts Persons: 
Joycelyn Woods, Executive Director, edirector@methadone.org
Carmen Pearman-Arlt, President, carlt@porterstarke.org
Phone/Fax: 1.212.595.NAMA  (1-212-595-62620

For Release
May 14, 2018

The National Alliance for Medication Assisted Recovery (NAMA Recovery) has been the premier voice for persons receiving Medication Assisted Treatment since 1988. MAT has been disparaged as a “substitute drug” by those who ignore the positive benefits that it has clearly brought to society. These attitudes negatively impact opiate treatment programs (OTPs) in a variety of ways, but it is the patients themselves who are particularly stigmatized and harmed. The atmosphere will not change as long as there is no organization or formal mechanism for patients receiving Medication Assisted Treatment (MAT i.e. methadone and buprenorphine) to voice their own needs and to form a strong unified public presence on their own behalf. NAMA Recovery actively responds to the issues that affect the daily lives of MAT patients and work towards the day when they can take pride in their accomplishments.


NAMA Recovery steadfastly oppose the undoing of 42 CFR Part 2 confidentiality protections and oppose the dismantling of the existing Public Health Law- which authorizes 42 CFR Part 2. 

NAMA Recovery is opposed to the Overdose Prevention and Patient Safety Act (HR 3545) and the exceptions it would make to the current public health law related to confidentiality of our health information. MAT patients need to know who and where their medical information goes for purposes of treatment, payment, health care operations or for any other purpose.

In our judgement, the majority has been lobbied hard by people in the insurance industry, hospital associations and vendors of electronic record keeping systems. They want the core protections to be removed for their own interests and they have no concern about the lives of patients.

We are asking everyone that cares about MAT to write a letter.  The template is below and it should only take a few minutes.  The email addresses to send the letter to follow the letter. If you do not want to give your name then use an alias like Mary Methadone or Tommy Treatment and add:

Example:
Signed

Mary Methadone
I cannot sign my real name because I am afraid of the prejudice directed towards methadone (buprenorphine) patients.

[Date]
[Your Name or Organization]
[Address]
[Address]
Representative Greg Walden
Chairman
Energy and Commerce Committee
2185 Rayburn House Office Building
Washington, DC 20515

Representative Frank Pallone, Jr.
Ranking Membero sent it to
U.S. House of Representatives
Energy and Commerce Committee
237 Cannon House Office Building
Washington, DC  20515

RE: Opposition to H.R. 3545 - “Overdose Prevention and Patient Safety Act” and Support for Other Legislative Proposals to Preserve Confidentiality and Coordinate Care

Dear Chairman Walden and Ranking Member Pallone:

[I/Organization name] write to express our opposition to H.R. 3545, the “Overdose Prevention and Patient Safety Act.”  In the midst of the worst opioid epidemic in our nation’s history, we must do everything possible to increase the number of people who seek treatment, but H.R. 3545 would do the opposite.  By reducing privacy protections for individuals receiving substance use disorder (“SUD”) treatment to allow disclosures and re-disclosures of SUD information without patient consent to a wide range of health care providers and plans and others with whom they work, H.R. 3545 would discourage people from entering care out of fear that their treatment records will be used against them in many harmful ways. 
[Describe who you are and the importance of confidentiality and patient consent to you.  If possible, cite examples of its benefits, particularly as they relate to accessing and staying in SUD treatment and/or protecting against discrimination and other negative consequences of unauthorized disclosures of SUD information.
[Here are some examples of reasons you can give for opposing this bill].
·        The heightened protections for substance use disorder records in the federal confidentiality law, 42 U.S.C. § 290dd-2 and its regulations at 42 CFR Part 2 (collectively known as “Part 2”), are as critically important today as ever.  They support care coordination while maintaining patient confidentiality to help ensure that people enter SUD treatment.
·         SAMHSA’s amendments to Part 2 by in 2017 and 2018 have made it much easier to facilitate (with patient consent) the sharing of health information between SUD and other health care providers in electronic health information systems and coordinated care settings. Unfortunately, many in the health care system do not know what these rules allow, and many SUD treatment programs do not have adequate computer systems to enable them to maintain electronic health records.
·        Patients in substance abuse disorder treatment should retain the power to decide when and to whom their records are disclosed, given the continued prevalence of discrimination in our society.
For these reasons, I/we] oppose H.R. 3545 and instead support the following bills that are critical to preserving patient confidentiality and coordinating care between various health providers:
·         The Senate’s bipartisan ‘‘Opioid Crisis Response Act of 2018:’’ Provides model programs and materials for training health providers and compliance staff on the permitted uses and disclosures of substance use disorder information, and training family members and patients on their rights to protect and obtain substance use disorder information.
·         H.R. 3331 – Introduced by Representative Lynn Jenkins and co-sponsored by Representative Doris Matsui:  Provides needed incentive payments to substance use disorder and behavioral health providers to obtain certified electronic health record technology.

Thank you.

Sincerely,
[NAME]
[TITLE]
[AFFILIATION]
 Your correspondence should be e-mailed to the Minority House Energy and Commerce Committee staffer, Waverly Gordon, (Waverly.Gordon@mail.house.gov) and the Majority House Energy and Commerce Committee staffer,  Kristen Shatynski (Kristen.Shatynski@mail.house.gov).
Resources
Patient Confidentiality Campaign Launched in 42 CFR Part 2 Battle by Alison Knopf, Alcoholism & Drug Abuse Weekly, October 2, 2017  



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