Showing posts with label Letter. Show all posts
Showing posts with label Letter. Show all posts

Friday, July 26, 2019

Letter to U.S. Congress




House of Representatives and Senate
U.S. Congress
Capitol Hill
Washington, D.C.

Dear Congresspersons and Senators:

The National Alliance for Medication Assisted Recovery is an organization of medication assisted treatment (MAT) patients and health care professionals supporting quality health care.

Currently the United States is in the midst of a serious opioid epidemic.  Every attempt should be made to encourage individuals with a Substance Use Disorder (SUD) to enter treatment.  Patients concerns about entering treatment such as privacy are not being considered. Instead, insurance companies, EHR vendors, profit hungry health care networks and others  interested in whose interest is in profit from individuals suffering from alcohol use disorders and drug use disorders propose to make substance use disorder treatment unappealing by gutting  42 USC 290dd-2 and 42 CFR Part 2, the federal substance use disorder confidentiality law and regulations. 

You will be asked to vote for legislation that will diminish a person’s confidentiality and that MAT patients take very seriously.  Please do not take this protection from us.

The opponents of the current 42 USC 290dd-2 and 42 CFR Part 2, claim that the Health Insurance Portability and Accountability Act (HIPAA) is sufficient. But, they know that HIPAA offers less confidentiality protection than the current federal substance use disorder confidentiality law and regulations.  Less protection means a greater risk of harm from disclosure for those in treatment or in Recovery. 

In fact, the limitations to confidentiality protection offered by HIPAA’s exceptions to confidentiality will certainly discourage those with a substance use disorder to postpone, delay or refuse to acknowledge that they have a substance use disorder.

Most MAT patients are not aware of the attack on their confidentiality that they have trusted and believed in since entering treatment. We do not have powerful lobbyists in Washington to make inaccurate arguments (i.e. 1. health care will be safer, 2. patients are not concerned with confidentiality, 3. it is necessary to be able to know if a patient is in SUD treatment). 

Vote No On Changing 
42 USC 290dd-2 and 42 CFR Part 2

Aligning 42 CFR Part 2 with HIPAA and by ignoring the potential harm caused by weakening 42 CFR Part 2, only those with the most severe substance use disorders will seek treatment. It will also force many currently in treatment to leave resulting in placing them at great risk of relapse and adding to current opioid overdose epidemic. The more stability a MAT patient attains the more they have to lose if there SUD is known.  

In 2017, 20 million people met criteria for SUDs, BUT only 2.5 million of these received treatment. Why?

Not because of 42 CFR Part 2, but because 94% of those who needed SUD treatment but did not receive treatment did not feel they needed treatment. 

This percentage will rise even higher when it becomes known that those receiving SUD treatment will not be able to decide who has access to their SUD treatment information.  Upon admission to SUD treatment the program explains the many exceptions to confidentiality that HIPAA permits. This information go out to the streets and many people will decide that help for their SUD is not worth it. They will believe they can “kick it” on their own, but if that were true they would not need help.

Because of discrimination, stigma, and negative attitudes about those with SUDs, people in Recovery have enough barriers to employment that pays a living wage, housing that protects against the elements, and social support that does not alienate them for having suffered the disease of SUD.  Even decent medical care is difficult and once their treatment for a SUD is known they are often treated as second class citizen patients. Allowing a person’s history of SUD treatment to be disclosed without their consent increases their social disadvantage. HIPAA permits such an unconsented disclosure to a broad range of entities.

Congress has appropriated billions of dollars to address the opioid crisis and to promote SUD treatment.  Please do not waste this investment by scaring away the very people those dollars were meant to help! Insurance companies, EHR vendors and profit hungry health care networks claim a need for better care coordination; they aren’t treating the vast majority of people with substance use disorders. And from our experience they do not want to treat persons with a SUD.  A change in 42 USC 290dd-2, and they’ll be treating even fewer people.  

There are technological fixes already in existence that would allow health information sharing while protecting the ability of those who need treatment to determine who should have access to their health information.

Software vendors have argued that there are no financial incentives to incorporate these patient centered fixes into proprietary platforms. In fact, the federal government sponsored the development of just such fixes.  The software market place finds it cheaper and easier to sacrifice the autonomy of the unpowerful and the poor, rather than make the necessary change to their software. 

An estimated 20 million Americans have recovered from alcohol and drug related problems.  With the proposed changes in 42 USC 290dd-2 and 42 CFR Part 2, many people in Recovery will find themselves subject to inappropriate information disclosures; no longer will People in Recovery have to be consulted before their SUD histories be disclosed to entities with the power to harm the affected individuals.

While insurers and cost-cutting health networks are attempting to deny people in Recovery the ability to determine who gets the information about prior alcohol or drug use disorders, the rest of society is marshalling resources to protect their personal information against misuse.  An example of privacy vigilance can be found in the New York Times “The Privacy Project”, which acknowledges that companies and governments “are gaining new powers to follow people across the internet and around the world, and even to peer into their genomes.”  

Creating a new path to stigmatize people in Recovery or in SUD treatment is unconscionable. Effective SUD treatment requires trust between provider and patient; in the absence of trust, full disclosure of such issues as trauma, rape, abuse, depression, anxiety, anger, discrimination or other sensitive issues that may be linked to substance use is not possible.  Without trust, there will be no truth.  

Men and women bring a host of highly sensitive personal issues into treatment.  Without the assurance of confidentiality that the current 42 USC 290dd-2 and 42 CFR Part 2 promises, it will become very difficult for treatment to progress; such treatment will become adversarial at worse and a game at best.  As a result, treatment will be hindered and Recovery delayed.

The current opioid crisis is being used as a justification for gutting 42 USC 290dd-2 and 42 CFR Part 2.  More people, currently misuse alcohol than currently misuse opioids. While it is estimated that 3.5 million people currently misuse opioids, 2.2 million misuse cocaine, 774,000 are current users of methamphetamine, 16.7 million are heavy alcohol users, and 66.6 million are binge alcohol drinkers. More people are in treatment for alcohol use disorders than for all illicit drug use disorders. While opioid overdose deaths are an important public health issue, promoting person centered SUD treatment that involves patient consent to disclosure is also important.

Protect Our Confidentiality Keep 42 CFR Part 2 As Is

Protect Patient Autonomy - Nurture Patient Clinician Trust
Encourage Treatment Seeking
Preserve Patient’s Right To Decide

Using the current opioid crisis as a reason to change federal substance use disorder confidentiality laws and regulations is merely an excuse to reduce the cost and effort of treatment a goal they have been after for after a decade.  These anti 42 USC 290dd-2 and 42 CFR Part 2 entities do not care about the difficulties that persons in Recovery face. Neither are they concerned with the further discrimination against people who need help recovering from their substance use.

Please use your vote to encourage people to enter treatment, Vote NO on legislation that would weaken 42 USC 290dd-2 and 42 CFR Part 2.

Sincerely,

Joycelyn Sue Woods, M.A., C.A.R.C., C.M.A.
Acting President


Download PDF Letter
http://www.methadone.org/downloads/namaletters/2019 0726NAMAR congress.pdf

Monday, April 11, 2016

Proposed Rule - 42 CFR Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records Regulations

  

The Substance Abuse and Mental Health Services Administration (SAMHSA)
U.S. Department of Health and Human Services
Attn: SAMHSA 4162-20
5600 Fishers Lane
Room 13N02B
Rockville, MD 20857

 RE:      Proposed Rule - 42 CFR Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records Regulations (SAMHSA-4162-20) (Published Federal Register 2-9-2016: p 6987 -7024)

To Whom It May Concern:

Since its beginning methadone treatment has been demonstrated to be the most effective treatment for narcotic addiction, resulting in the termination of heroin use and of criminal behavior. In spite of this success, methadone treatment is often disparaged as a “substitute drug” by those who ignore the positive benefits that it has clearly brought to society. These attitudes negatively impact on opiate treatment programs in a variety of ways, but it is the methadone patients themselves who are particularly stigmatized and harmed. With the introduction of buprenorphine it was hoped that the public would gain a greater understanding of opiate addiction and treatment. However, this has not occurred and rather than improving the situation buprenorphine patients experience the same discrimination and stigma as patients receiving methadone.  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. The National Alliance for Medication Assisted Recovery (NAMA Recovery) is an organization of methadone and buprenorphine patients, healthcare professionals, friends, and associates working together for greater public understanding and acceptance of MAT. NAMA Recovery has 25 chapters across the United States and 15 international affiliate chapters from England to Denmark and India to Australia, providing information, education and advocacy support to patients receiving MAT. As the premier national advocacy organization for MAT patients NAMA Recovery will actively respond to the issues that affect the daily lives of MAT patients and work towards the day when they can take pride in their accomplishments.

The NPRM for 42 CFR Part 2 recognizes that the regulation was enacted out of great concern about the potential abuse that disclosure of substance use information can create for persons in treatment and that the release of substance use information can cause individuals with substance use disorders to not seek needed treatment. When confidentiality is not maintained, the trust of the patients will be lost and many will not remain in treatment while those who do continue in treatment will have lost the trust in the clinic and the staff which is indispensable to successful patient treatment.

While NAMA-R recognizes that SAMHSA is attempting to create an appropriate balance between preserving the confidentiality rights of substance use disorder patients and the sharing of electronic health information we believe that currently there are not enough technologic safe guards in place.  In addition the fines for any violation of the NPRM like the current rule are very low and would be meaningless to many institutions.

Health information technology offers a greater opportunity to promote the health of individuals and the health of community.  However, sacrificing the wellbeing of a person seeking help for a substance use disorder in the name of convenience or administrative efficiency is not a constructive way to achieve it for either the person or their community when individuals avoid treatment for fear of retribution and discrimination.

NAMA-R recommends that changes in 42 CFR Part 2 be temporarily set aside until the technology is available to protect persons with a substance use disorder.

Thank you for your consideration.

Sincerely,

Joycelyn Woods, M.A., CMA
Executive Director

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