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New provisions of federal law affecting complementary, alternative and integrative medicine and health care

By Michael H. Cohen, Esq.

John Weeks at The Integrator Blog has put together an excellent summary of new provisions of federal law affecting complementary, alternative and integrative medicine and health care.

Thus Spake Zarathrustra (aka Mr Weeks)--now go and sign up for the Integrator Blog and donate to help the cause:

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Reference Guide: Language & Sections on CAM and Integrative Practice in HR 3590/Healthcare Overhaul

Summary: This article is meant as a reference resource on integrative practice and healthcare policy. Included are locations and exact language in the sections of the Patient Protection and Affordable Healthcare Act (HR 3590) that will shape policy action relative to integrative practices in coming years. Complementary and alternative medicine practitioners and integrative practices are included in these sections (2706, 3502, 4001, 4206, 5101, 6301 and 2301) relative to non-discrimination, workforce planning, community medical homes, wellness, prevention and health promotion, comparative effectiveness research and birthing services. Here are the facts, without interpretation or commentary. (If there are others, let me know.) What they will mean is up to us. The challenge ahead is to bring what one integrative practice lobbyist called "these major steps toward recognition" to life.

HR 3590: "Major steps toward recognition" of integrative practitioners and integrative practices

Purposes

This document was created for two purposes. First, it is meant as a guide for anyone who wonders what exactly is the language of inclusion relative to integrative practices in the Patient Protection and Affordable Healthcare Act (HR 3590), otherwise know as healthcare overhaul legislation. Second, this compilation is meant as a useful reference document for all who are presently interest in federal policy and integrative practice. I have mostly kept my opinions out of it.

Meaning to the Integrative Practice Community: "Leveling the Playing Field"

A subset of the provisions noted here (2706, 3502, 5101) led one long-time lobbyist for an integrative practice profession to state the meaning this way:

"You have to put it all together. I don't think you can sway that there is one single provision that levels the playing field. I don't think the bill completely levels the playing field. But these are major steps forward and major steps toward the recognition of the profession. Of course, we have big plans to build on the these provisions. This is a significant start, it really is." 

Those seeking commentary on the bill from a smorgasbord of 8 professional associations and natural products stakeholders will find links in the first article in this April 2010 Integrator Round-up (ACA, IHPC, AANP, APHA, NPA, MAMA, AAAOM, ANH). A thoughtful and hopeful editorial by Daniel Redwood, DC was recently publishedas Health Reform, Prevention and Health Promotion: Milestone Moment on a Long Journey.

To Go Directly to the Law

1. Put http://thomas.loc.gov/ into your browser.
2. Look on the right under "Weekly Top 5" and click on on H.R. 3590.
3. Click onto Text of Legislation.
4. Click into the 7th and final version of the bill. This will guide you section by section.

Here's hoping this is useful.

US Senator Tom Harkin: Top advocate, key on this and other provisions

1. Inclusion of Licensed Practitioners Insurance Coverage

SEC. 2706. NON-DISCRIMINATION IN HEALTH CARE.

(a) Providers- A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation established by the plan or issuer. Nothing in this section shall be construed as preventing a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures.

(b) Individuals- The provisions of section 1558 of the Patient Protection and Affordable Care Act (relating to non-discrimination) shall apply with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage.

Note: A case is made here that this non-discrimination reaches into all self-funded ERISA plans, thus opening to over 50-million coverage of licensed integrative practitioners for services and procedures otherwise covered  when this provision takes effect in 2014.

Speaker Nancy Pelosi: Without her, no HR 3590 and none of this inclusion

2. Inclusion of Licensed Complementary and Alternative Medicine Practitioners in Medical Homes

SEC. 3502. ESTABLISHING COMMUNITY HEALTH TEAMS TO SUPPORT THE PATIENT-CENTERED MEDICAL HOME.

(a) In General- The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish a program to provide grants to or enter into contracts with eligible entities to establish community-based interdisciplinary, interprofessional teams (referred to in this section as `health teams') to support primary care practices, including obstetrics and gynecology practices, within the hospital service areas served by the eligible entities. Grants or contracts shall be used to--

(1) establish health teams to provide support services to primary care providers; and

(2) provide capitated payments to primary care providers as determined by the Secretary.

(b) Eligible Entities- To be eligible to receive a grant or contract under subsection (a), an entity shall--

(1)(A) be a State or State-designated entity; or

(B) be an Indian tribe or tribal organization, as defined in section 4 of the Indian Health Care Improvement Act;

(2) submit a plan for achieving long-term financial sustainability within 3 years;

(3) submit a plan for incorporating prevention initiatives and patient education and care management resources into the delivery of health care that is integrated with community-based prevention and treatment resources, where available;

(4) ensure that the health team established by the entity includes an interdisciplinary, interprofessional team of health care providers, as determined by the Secretary; such team may include medical specialists, nurses, pharmacists, nutritionists, dietitians, social workers, behavioral and mental health providers (including substance use disorder prevention and treatment providers), doctors of chiropractic, licensed complementary and alternative medicine practitioners, and physicians' assistants;

Note:  The language in (4) is "may include" rather than "shall include," which every legislator and lobbyist knows can mean the difference between night or day. Still, "may" puts one in the conversation.
 

US Senator Barbara Mikulski: Steady advocate on numerous provisions

3. Integrative Health Care and Integrative Practitioners in Prevention Strategies

SEC. 4001. NATIONAL PREVENTION, HEALTH PROMOTION AND PUBLIC HEALTH COUNCIL.

(d) Purposes and Duties- The Council shall--

(1) provide coordination and leadership at the Federal level, and among all Federal departments and agencies, with respect to prevention, wellness and health promotion practices, the public health system, and integrative health care in the United States;

(2) after obtaining input from relevant stakeholders, develop a national prevention, health promotion, public health, and integrative health care strategy that incorporates the most effective and achievable means of improving the health status of Americans and reducing the incidence of preventable illness and disability in the United States;

(3) provide recommendations to the President and Congress concerning the most pressing health issues confronting the United States and changes in Federal policy to achieve national wellness, health promotion, and public health goals, including the reduction of tobacco use, sedentary behavior, and poor nutrition;

(4) consider and propose evidence-based models, policies, and innovative approaches for the promotion of transformative models of prevention, integrative health, and public health on individual and community levels across the United States;

(5) establish processes for continual public input, including input from State, regional, and local leadership communities and other relevant stakeholders, including Indian tribes and tribal organizations;

(6) submit the reports required under subsection (g); and

(7) carry out other activities determined appropriate by the President.

(f) Advisory Group-

(1) IN GENERAL- The President shall establish an Advisory Group to the Council to be known as the `Advisory Group on Prevention, Health Promotion, and Integrative and Public Health' (hereafter referred to in this section as the `Advisory Group'). The Advisory Group shall be within the Department of Health and Human Services and report to the Surgeon General.

(2) COMPOSITION-

(A) IN GENERAL- The Advisory Group shall be composed of not more than 25 non-Federal members to be appointed by the President.

(B) REPRESENTATION- In appointing members under subparagraph (A), the President shall ensure that the Advisory Group includes a diverse group of licensed health professionals, including integrative health practitioners who have expertise in--

(i) worksite health promotion;

(ii) community services, including community health centers;

(iii) preventive medicine;

(iv) health coaching;

(v) public health education;

(vi) geriatrics; and

(vii) rehabilitation medicine.

(3) PURPOSES AND DUTIES- The Advisory Group shall develop policy and program recommendations and advise the Council on lifestyle-based chronic disease prevention and management, integrative health care practices, and health promotion.

Obama: Kept the pressure for the overhaul on Congress for months

4.  Dietary Supplements in Individualized Wellness Plans

SEC. 4206. DEMONSTRATION PROJECT CONCERNING INDIVIDUALIZED WELLNESS PLAN.

Section 330 of the Public Health Service Act (42 U.S.C. 245b) is amended by adding at the end the following:

`(s) Demonstration Program for Individualized Wellness Plans-

`(1) IN GENERAL- The Secretary shall establish a pilot program to test the impact of providing at-risk populations who utilize community health centers funded under this section an individualized wellness plan that is designed to reduce risk factors for preventable conditions as identified by a comprehensive risk-factor assessment.

`(2) AGREEMENTS- The Secretary shall enter into agreements with not more than 10 community health centers funded under this section to conduct activities under the pilot program under paragraph (1).

`(3) WELLNESS PLANS-

`(A) IN GENERAL- An individualized wellness plan prepared under the pilot program under this subsection may include one or more of the following as appropriate to the individual's identified risk factors:

`(i) Nutritional counseling.

`(ii) A physical activity plan.

`(iii) Alcohol and smoking cessation counseling and services.

`(iv) Stress management.

`(v) Dietary supplements that have health claims approved by the Secretary.

`(vi) Compliance assistance provided by a community health center employee.

`(B) RISK FACTORS- Wellness plan risk factors shall include--

`(i) weight;

`(ii) tobacco and alcohol use;

`(iii) exercise rates;

`(iv) nutritional status; and

`(v) blood pressure.

`(C) COMPARISONS- Individualized wellness plans shall make comparisons between the individual involved and a control group of individuals with respect to the risk factors described in subparagraph (B).

`(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection, such sums as may be necessary.'

Note: This focus on the "individualized wellness plan" may have exceptional applications beyond dietary supplements.

US Senator Bernie Sanders: Led in placing the workforce language

5.  Licensed Complementary and Alternative Providers and Integrative Practitioners in Workforce Planning

SEC. 5101. NATIONAL HEALTH CARE WORKFORCE COMMISSION.

(i) Definitions- In this section:

(1) HEALTH CARE WORKFORCE- The term 'health care workforce' includes all health care providers with direct patient care and support responsibilities, such as physicians, nurses, nurse practitioners, primary care providers, preventive medicine physicians, optometrists, ophthalmologists, physician assistants, pharmacists, dentists, dental hygienists, and other oral healthcare professionals, allied health professionals, doctors of chiropractic, community health workers, health care paraprofessionals, direct care workers, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, certified nurse midwives, podiatrists, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), licensed complementary and alternative medicine providers, integrative health practitioners, public health professionals, and any other health professional that the Comptroller General of the United States determines appropriate.

(2) HEALTH PROFESSIONALS- The term 'health professionals' includes--

(A) dentists, dental hygienists, primary care providers, specialty physicians, nurses, nurse practitioners, physician assistants, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, public health professionals, clinical pharmacists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, podiatrists, licensed complementary and alternative medicine providers, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), and integrative health practitioners;

(B) national representatives of health professionals;
(C) representative of schools of medicine, osteopathy, nursing, dentistry, optometry, pharmacy, chiropractic, allied health, educational programs for public health professionals, behavioral and mental health professionals (as so defined), social workers, pharmacists, physical and occupational therapists,m oral health care industry dentistry and dental hygiene and physician assistant; ...

Note: This is the one place where non-licensed integrative practitioners (Yoga therapists, certified homeopaths, etc.) appear to be referenced. Among the educational institutions noted in (C), only chiropractic of the distinctly licensed CAM fields with federally-recognized accrediting agencies is mentioned.

US Senator Kent Conrad: Credited with working with Mikulski on CER language

6. Experts in Integrative Health and State Licensed Integrative Health Practitioners in Comparative Effectiveness Research

SEC. 6301. PATIENT-CENTERED OUTCOMES RESEARCH.

Part D--Comparative Clinical Effectiveness Research

(d) Duties-[Under (4)

`(1) IDENTIFYING RESEARCH PRIORITIES AND ESTABLISHING RESEARCH PROJECT AGENDA-

`(A) IDENTIFYING RESEARCH PRIORITIES- The Institute shall identify national priorities for research, taking into account factors of disease incidence, prevalence, and burden in the United States (with emphasis on chronic conditions), gaps in evidence in terms of clinical outcomes, practice variations and health disparities in terms of delivery and outcomes of care, the potential for new evidence to improve patient health, well-being, and the quality of care, the effect on national expenditures associated with a health care treatment, strategy, or health conditions, as well as patient needs, outcomes, and preferences, the relevance to patients and clinicians in making informed health decisions, and priorities in the National Strategy for quality care established under section 399H of the Public Health Service Act that are consistent with this section.

`(B) ESTABLISHING RESEARCH PROJECT AGENDA- The Institute shall establish and update a research project agenda for research to address the priorities identified under subparagraph (A), taking into consideration the types of research that might address each priority and the relative value (determined based on the cost of conducting research compared to the potential usefulness of the information produced by research) associated with the different types of research, and such other factors as the Institute determines appropriate.
...

`(4) APPOINTING EXPERT ADVISORY PANELS-

`(A) APPOINTMENT-

`(i) IN GENERAL- The Institute may appoint permanent or ad hoc expert advisory panels as determined appropriate to assist in identifying research priorities and establishing the research project agenda under paragraph (1) and for other purposes.

`(ii) EXPERT ADVISORY PANELS FOR CLINI

Full post as published by Complementary And Alternative Medicine Law Blog on May 12, 2010 (boomark / email).

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