New provisions of federal law affecting complementary, alternative and integrative medicine and health care
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:
***
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.
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
- Put http://thomas.loc.gov/ into your browser.
- Look on the right under "Weekly Top 5" and click on on H.R. 3590.
- Click onto Text of Legislation.
- Click into the 7th and final version of the bill. This will guide you section by section.
Patient Protection and Affordable Healthcare Act (HR 3590)
to call out the specific language.
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.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.
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.
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.
Note: This focus on the "individualized wellness plan" may have exceptional applications beyond dietary supplements.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 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.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; ...
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 CLINICAL TRIALS- The Institute shall appoint expert advisory panels in carrying out randomized clinical trials under the research project agenda under paragraph (2)(A)(ii). Such expert advisory panels shall advise the Institute and the agency, instrumentality, or entity conducting the research on the research question involved and the research design or protocol, including important patient subgroups and other parameters of the research. Such panels shall be available as a resource for technical questions that may arise during the conduct of such research.
`(iii) EXPERT ADVISORY PANEL FOR RARE DISEASE- In the case of a research study for rare disease, the Institute shall appoint an expert advisory panel for purposes of assisting in the design of the research study and determining the relative value and feasibility of conducting the research study.
...
`(B) COMPOSITION- An expert advisory panel appointed under subparagraph (A) shall include representatives of practicing and research clinicians, patients, and experts in scientific and health services research, health services delivery, and evidence-based medicine who have experience in the relevant topic, and as appropriate, experts in integrative health and primary prevention strategies. The Institute may include a technical expert of each manufacturer or each medical technology that is included under the relevant topic, project, or category for which the panel is established.
(f) Board of Governors-
`(1) IN GENERAL- The Institute shall have a Board of Governors, which shall consist of the following members:
`(A) The Director of Agency for Healthcare Research and Quality (or the Director's designee).
`(B) The Director of the National Institutes of Health (or the Director's designee).
`(C) Seventeen members appointed, not later than 6 months after the date of enactment of this section, by the Comptroller General of the United States as follows:
`(i) 3 members representing patients and health care consumers.
`(ii) 5 members representing physicians and providers, including at least 1 surgeon, nurse, State-licensed integrative health care practitioner, and representative of a hospital.
`(iii) 3 members representing private payers, of whom at least 1 member shall represent health insurance issuers and at least 1 member shall represent employers who self-insure employee benefits.
`(iv) 3 members representing pharmaceutical, device, and diagnostic manufacturers or developers.
`(v) 1 member representing quality improvement or independent health service researchers.
' (vi) 2 members representing the Federal Government or the States, including at least 1 member representing a Federal health program or agency.
Note: This is a provision hard-won by the MAMA campaign on behalf of Certified Professional Midwives (as distinct from nurse-midwives.SEC. 2301. COVERAGE FOR FREESTANDING BIRTH CENTER SERVICES.
(a) In General- Section 1905 of the Social Security Act (42 U.S.C. 1396d), is amended--
(1) in subsection (a)--
(A) in paragraph (27), by striking `and' at the end;
(B) by redesignating paragraph (28) as paragraph (29); and
(C) by inserting after paragraph (27) the following new paragraph:
`(28) freestanding birth center services (as defined in subsection (l)(3)(A)) and other ambulatory services that are offered by a freestanding birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; and'; and
(2) in subsection (l), by adding at the end the following new paragraph:
`(3)(A) The term `freestanding birth center services' means services furnished to an individual at a freestanding birth center (as defined in subparagraph (B)) at such center.
`(B) The term `freestanding birth center' means a health facility--
`(i) that is not a hospital;
`(ii) where childbirth is planned to occur away from the pregnant woman's residence;
`(iii) that is licensed or otherwise approved by the State to provide prenatal labor and delivery or postpartum care and other ambulatory services that are included in the plan; and
`(iv) that complies with such other requirements relating to the health and safety of individuals furnished services by the facility as the State shall establish.
`(C) A State shall provide separate payments to providers administering prenatal labor and delivery or postpartum care in a freestanding birth center (as defined in subparagraph (B)), such as nurse midwives and other providers of services such as birth attendants recognized under State law, as determined appropriate by the Secretary. For purposes of the preceding sentence, the term `birth attendant' means an individual who is recognized or registered by the State involved to provide health care at childbirth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the supervision of, or associated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a birth attendant.'...
GREAT JOB JOHN!!!!!!!!!
***
Our health care, business law, and alternative medicine law attorneys regularly consult and advise on telemedicine and other health care law and business legal matters involving online enterprises and emerging or established companies. For legal advice concerning telemedicine and other health care practices, whether involving physicians, nurses, psychiatrists, psychologists, life coaches, fitness consultants, or CAM providers such as acupuncturists, nutritionists and dietitians, homeopaths, naturopathic physicians, hypnotherapists, energy healers, and others, contact our health care lawyers today. Our law firm has many successes with health care and business law clients, whose practices are transforming the business and health care landscape as we know it. Michael H. Cohen is an attorney providing business legal advice to green entrepreneurs and companies, and health care law advice to businesses and physicians, acupuncturists, naturopaths, homeopaths and others in the holistic health, wellness, and green industries. As a founding attorney of the Global Vision Law Group, he represents businesses poised for vertical lift, whose leaders are conscious, intuitive, and committed to shaping a better world. Michael also advises medical spas and integrative medicine clinics, physicians, chiropractors, naturopathic physicians, massage therapists, energy healers, nutritionists and herbalists, dietary supplement and cosmetics companies, and businesses with bio-energy and other technologies and medical devices. Michael offers the Entrepreneur’s Legal Toolkit as a series of legal guides to businesses. The first legal e-book deals with Contract Essentials, giving legal tips every business needs to negotiate its legal agreements; the second addresses legal issues faced by multi-level marketing companies and individuals involved in multilevel marketing and direct sales; and the third one so far is a HIPAA Regulations and Privacy Manual at far less the cost than it would take for an attorney to prepare. Michael also sponsors Being Central, a Portal for Potential, which gives access to other, pre-paid legal services. Read reviews of Michael’s work on the Complementary and Alternative Medicine Law Blog. And visit the Flat Rate Legal Services page for information on legal services offered at a flat rate or project fee (such as incorporation for entrepreneurs, review and drafting of business contracts, trademark, and health law services for CAM providers and others). Michael’s clientele through the Global Vision Law Group includes businesses not only in California, New York, Maryland, Massachusetts, Washington, D.C., and other U.S. states, but also abroad. To speak with a lawyer about health care law issues pertaining to complementary and alternative medicine, or to consult a business lawyer about laws and legal issues for entrepreneurs and new enterprises that are seeking legal advice, contact the Global Vision Law Group today. 
The Practice of Integrative Medicine: A Legal and Operational Guide is now available from Springer.
One of the transformations facing health care in the twenty-first century is the safe, effective, and appropriate integration of
Michael H. Cohen's novel A Question of Time is about consciousness. Gabriel Goodman takes a vacation from his law firm
Legal Issues in Integrative Medicine: A Guide for Clinicians, Hosptials, and Patients by Michael H. Cohen (National Acupuncture Foundation,
In Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives, Michael H. Cohen breaks new ground in putting together the
In Beyond Complementary Medicine, Michael H. Cohen goes deeper into the legal, ethical, and regulatory aspects of integrating complementary and
Future Medicine by Michael H. Cohen is an investigation into the clinical, legal, ethical, and regulatory changes occurring in our
What happens when a Wall Street lawyer, steeped in Judaism, enters an interfaith seminary, engages mystically, and connects with disincarnate