Medicaid Managed Care - U.S. Senate Special Committee on Aging
Medicaid Managed Care - U.S. Senate Special Committee on Aging Medicaid Managed Care - U.S. Senate Special Committee on Aging
768 (6J identify and evaluate a mental illness that is suspected (c) treat, ameliorate, diminish or stahilize symptoms of mental illness, including impairment infunctioning, (d) alleviate suffering or pain; (e) prevent arrest or delay the development or progression of a mental illness and to prevent or delay relapse; O) provide rehabilitation to enable the Member to attain or maintain an optimal level offunctioning (includingfunctioning in all important areas of if4 such as daily activities, social relationships, and independent livingA (gl affirmatively ensure access to and promote appropriate utilization of services (including overcoming harriers cassed by inability to obtain trans. portation). C. Standards of Service Delivery In addition to describing the goals and purposes of services, the defnition of 'medically necessary' should ensure compliance with important services delivery standards. For example, the definition should make clear that medically necessary services must be responsive to members' unique needs, provide choice among possible alternatives, and be furnished in an appropriate manner. Such standards are-incorporated into law in many states or reflected in mental health system planning documents. Medically necessary services must be: (a) hased upon an individualized assessment of the individual's assets, strengths, desires, needs and environmental supports; (b)furnished in accordance with an individualized services plan, which is based on a comprehensive assessment, developed in partnership with the -Member (or in the casiof a child, rA-hild to the extentfeasible and the chid's family) and designed to attain specific outcomes desired by tie Memher; the services plan shall be monitored, reassessed and revisedperiodically, basd on progress, outcomes and consumer satisfaction; Memners shall e given ultimate authority to review and approve the services plan; (c) services of the Member's choice (or, in the case of a Member child unable to make choices, services of the Member'sfamily's choice). T7e Member has the right to refuse services consistent with law and such refusal may-notbe used as grounds to deny other services; the plan may deny services that wouid be ineffective orfor which there is a cost-eftive alternative that oth Defining "Medically Necessary' Services to Protect Plan Members POLICY ANALYSIS BY THE BAZELON CENTER FOR MENTAL HEALTH LAW 14
769 - ewrise satisfies the standardsfor medically necessary services, as setforth herein and in Sections (A), (B), ()), (E), (9 and (G); (d) in conformance with any psychiatric advance directive the Menser has prepared; (e) delivered in a timely manner, with an immediate response in emergencies in a location that is convenient and accessible to Members; ( responsive to unique needs of linguistic and cultural minorities and furnished in a culturally relevant manner; (gi responsive to the unique needs of people with mental andphysical impairments andfurnised with accommodations to their needs, as required under the Ameicans with Disabilities Act and other applicable law; (h)providedin the least restrictive appropriate setting; inpatient and residenrial treatment shall be used only when all less restrictive levels of treatment have been unsuccessful or cannot be safely provided; (7) provided in the Member's home or home community, except in limited extraordinary circumstances; a) designed (when relevant) to prevent the needfor involuntary treatment or institutionalization; (k)provided in a manner thatfacilitates continuity and coordination of services within a system of care; (I)furnisbed so as to include referrals to and coordination with agencies providing other relevant services to the Member, includingproviders of other health care services, social service providers, education providers, preschool and child care providers and vocational rehabilitation providers; (m) consistent with national standards of practice, including standards of practice in community psychiatry andpsychiatric rehabilitation, as defined by standard clinical reffrences, generally acceptedprofessional practice or empirical professional experience; (n) consistent with theplan's Quality Assurance standards andprocedures, and its placement criteria, in Sections _ of the contract; and (o) consistent with the standardsfor confidentiality in Section _ the contract. of D. Additional Standards for Children Not all managed behavioral health care plans include children. In some states, children's services are left in the traditional state system or provided through a separate managed care plan. Any managed care plan that covers children and adolescents must address several-unique issues. Defining 'Medically Necessary" Services to Protect Plan Members N POLICY ANALYSIS BY THE BAZELON CENTER FOR MENTAL HEALTH LAW
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769<br />
-<br />
ewrise satisfies the standardsfor medically necessary services, as setforth<br />
herein and in Secti<strong>on</strong>s (A), (B), ()), (E), (9 and (G);<br />
(d) in c<strong>on</strong>formance with any psychiatric advance directive the Menser<br />
has prepared;<br />
(e) delivered in a timely manner, with an immediate resp<strong>on</strong>se in emergencies<br />
in a locati<strong>on</strong> that is c<strong>on</strong>venient and accessible to Members;<br />
( resp<strong>on</strong>sive to unique needs of linguistic and cultural minorities and<br />
furnished in a culturally relevant manner;<br />
(gi resp<strong>on</strong>sive to the unique needs of people with mental andphysical impairments<br />
andfurnised with accommodati<strong>on</strong>s to their needs, as required<br />
under the Ameicans with Disabilities Act and other applicable law;<br />
(h)providedin the least restrictive appropriate setting; inpatient and residenrial<br />
treatment shall be used <strong>on</strong>ly when all less restrictive levels of treatment<br />
have been unsuccessful or cannot be safely provided;<br />
(7) provided in the Member's home or home community, except in limited<br />
extraordinary circumstances;<br />
a) designed (when relevant) to prevent the needfor involuntary treatment<br />
or instituti<strong>on</strong>alizati<strong>on</strong>;<br />
(k)provided in a manner thatfacilitates c<strong>on</strong>tinuity and coordinati<strong>on</strong> of<br />
services within a system of care;<br />
(I)furnisbed so as to include referrals to and coordinati<strong>on</strong> with agencies<br />
providing other relevant services to the Member, includingproviders of<br />
other health care services, social service providers, educati<strong>on</strong> providers, preschool<br />
and child care providers and vocati<strong>on</strong>al rehabilitati<strong>on</strong> providers;<br />
(m) c<strong>on</strong>sistent with nati<strong>on</strong>al standards of practice, including standards<br />
of practice in community psychiatry andpsychiatric rehabilitati<strong>on</strong>, as defined<br />
by standard clinical reffrences, generally acceptedprofessi<strong>on</strong>al practice<br />
or empirical professi<strong>on</strong>al experience;<br />
(n) c<strong>on</strong>sistent with theplan's Quality Assurance standards andprocedures,<br />
and its placement criteria, in Secti<strong>on</strong>s _ of the c<strong>on</strong>tract; and<br />
(o) c<strong>on</strong>sistent with the standardsfor c<strong>on</strong>fidentiality in Secti<strong>on</strong> _<br />
the c<strong>on</strong>tract.<br />
of<br />
D. Additi<strong>on</strong>al Standards for Children<br />
Not all managed behavioral health care plans include children. In<br />
some states, children's services are left in the traditi<strong>on</strong>al state system or<br />
provided through a separate managed care plan. Any managed care plan<br />
that covers children and adolescents must address several-unique issues.<br />
Defining 'Medically Necessary" Services to Protect Plan Members N<br />
POLICY ANALYSIS BY THE BAZELON CENTER FOR MENTAL HEALTH LAW