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

Thursday, July 11, 2019

NAMA Recovery Calls on Federal and State Officials to Help Patients Get Medication During Tropical Storm Barry


National Alliance for Medication Assisted Recovery
Press Release

Contacts Persons: 
Joycelyn Woods, Executive Director, edirector@methadone.org
Phone/Fax: 1 212-595-NAMA (1-212-595-6262)

For Release
July 11, 2019

NAMA Recovery and our chapters have begun to receive calls and messages from Medication Assisted Treatment (MAT) patients in the areas affected by Tropical Storm Barry. 

The majority of clinics are giving medication through Sunday, July 14, 2019 when weather reports are predicting severe flooding following the storm. Patients are reporting that they are not being given medication because they cannot pay for it.

There are some clinics that are already experiencing flooding in the surrounding areas making it impossible to get there.

The Southeastern NAMA-R Chapter is in ongoing Communication with Louisiana and surrounding state authorities, and they are welcome to reach out to us and watch our Facebook page at www.facebook.com/NAMARecoverywww.facebook.com/NAMARecovery if they have any questions or need support.  (Or our Southeast Chapter https://www.facebook.com/groups/NAMARecoveryTN/

This should not be a repeat of Katrina when every clinic is the New Orleans area was flooded and patients were not able to get medication for a week or more.

This is the responsibility of the Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA), Veterans Administration (VA) and state agencies to have disaster plans in place for when emergencies occur.  (The SAMHSA Disaster App is not working giving the message that it is downloading information and then tells you to try back later. In a disaster you can’t try back later.) It appears that the New Orleans area may again have a disaster in the making that could have been avoided if agencies had come up with a solution following the Katrina disaster.

 RE: Clinic Information About Tropical Storm Barry in New Orleans Area

Date:  7/11/2019

This is the latest information we have on New Orleans clinics. It is from NASADAD’s Disaster Preparedness List.  Please check for updates on our FaceBook Page  https://www.facebook.com/NAMARecovery .   Or our Southeast Chapter     https://www.facebook.com/groups/NAMARecoveryTN/


BHG Lake Charles:  Open today & giving take home doses for Friday and Saturday.

BHG Downtown New Orleans:  Expected water by this afternoon because every street near them has flooded (see media).  WDSU (local television station) has let their employees leave.

BHG Greta:  Expected water this afternoon.

BAART Breau Bridge:  Regular hours today & Friday issuing take home doses. Closed Saturday & Sunday.

Acadiana Baton Rouge:  Today until 11 am, Friday 5:15 – 8 am, Sat 6:30 – 8 (this clinic didn’t flood in 2016 but was surrounded by water).

Centers for Behavioral Health Monroe & Shreveport:  Supportive role for guest doses at their clinics & have been advised of possibility of shelters.

Choices all 3 clinics (Alexandria, LaPlace & Hammond):  Extended hours today (7/11/19) & all 3 clinics open tomorrow until 10 am.  Saturday will assess. Alexandria Saturday 7-9 am. (LaPlace & Hammond didn’t flood in 2016).  All 3 of Choices clinics have industrial generators.

NAMA-R has received reports that some clinics are not giving patient’s emergency medication unless they pay for it.  Barry seems to be picking up strength and may become a Hurricane 1 storm. There is also severe flooding expected after and it seems reasonable to get medication through Tuesday, 7/16/19.