COVID 19 and Community Behavioral Health Care
Editor’s Note: In a new report for the California Health Care Foundation, summarized below, Manatt Health discusses the impact of key legal changes that supported the delivery of community behavioral health services in California during the early months of the COVID‑19 pandemic. In addition, the report identifies opportunities for long-term policy reform. Although focused primarily on Medi-Cal (California’s Medicaid program), the report also addresses legal changes that affected the Medicare program and commercial health plans.
The authors undertook two primary tasks in preparing this report. First, they prepared a compendium of the relevant legal actions adopted in response to the COVID-19 pandemic through California and federal laws, regulations, waivers or other regulatory guidance. Second, they conducted interviews with four stakeholders who collectively possess a deep and diverse set of experiences in California’s behavioral health system. Click here to download a free copy of the full report.
The COVID‑19 pandemic has created immense challenges for California’s community-based behavioral health care system and the people it serves. Traditional in-person service models for mental health and substance use disorders presented a risk of contagion as the pandemic took hold. At the same time, deferring care for weeks or months created grave risks for individual health and welfare, particularly as pandemic-related stressors drove an increase in the prevalence and severity of behavioral health conditions. Recognizing these challenges, both the federal and California state governments implemented numerous legal reforms aimed at supporting providers’ efforts to slow the spread of the coronavirus while preserving access to needed services in a time of social distancing and economic crisis.
Because so many rules changed so quickly, the pandemic created an opportunity to test policy changes that have long been pursued by behavioral health advocates. The vast majority of these changes were implemented on a temporary basis, with sunset dates linked to either the federal Public Health Emergency declared by the U.S. Department of Health and Human Services, effective January 27, 2020, or the State of Emergency declared by the California Governor on March 4, 2020. Longer-term changes may require policy revisions that reflect a rebalancing among competing priorities, given that emergency response measures typically prioritize flexibility, access and harm reduction over considerations related to oversight, quality measurement and cost control.
The table below outlines the temporary response measures that were most important in supporting access to high-quality outpatient and residential behavioral health services, along with the most promising opportunities for long-term reform.
Table 1: COVID-19 Behavioral Health Care Legal Changes
High-Impact Pandemic Response Measures |
Opportunities for Long-Term Reform |
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1. Coverage for Telehealth Services |
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2. Medi-Cal’s Cost-Based Reimbursement System |
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3. Controlled Substances and Prescription Drugs |
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4. Provider Licensure and Operating Standards |
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It goes without saying that the pandemic has been, and remains, a tragedy. COVID-19 has killed many and irrevocably harmed many more. Californians—and their providers—will be grappling for years with the psychological aftereffects of mourning, social isolation and financial hardship. These emerging needs underscore the importance of seizing this moment to reflect on lessons learned and potential next steps toward a more sustainable, more flexible and more patient-focused behavioral health system.
For additional discussion of these issues, download the full report.