Recent Articles

July 25, 2018

Harry Nelson Interviewed by Voice of America >>

Harry Nelson, Managing Partner and Founding Board Chair of the Behavioral Health Association of Providers, was interviewed by Lori Lundin on Voice of America: International Edition about the growing addiction epidemic. Read More


June 5, 2018

Mental health services: How to get treatment if you can't afford it >>

"'Tele-mental health in all forms has become a huge resource and there are great resources online offered by large health systems,' says Harry Nelson, managing partner of Nelson Hardiman, head of the Behavioral Health Association of Providers and co-author of From ObamaCare To TrumpCare: Why You Should Care.'" Read More


May 31, 2018

6 Ways People Who Inject Drugs Can Avoid HIV and Hepatitis C Infections >>

"To be certain your needles are free of infectious viruses, clean them with bleach, advises Harry Nelson, chairman of the Behavioral Health Association of Providers, a Los Angeles-based national trade association for behavioral health industry professionals, owners and operators." Read More


May 4, 2018

Ethical Marketing: What Many Addiction Treatment Centers Don't Know with Andrew Martin >>

Andrew Martin, COO of Behavioral Health Association of Providers, was on The Recovery Executive Podcast. Read More


April 30, 2018

Programs preach ethical, effective marketing >>

After seeing the addiction treatment industry as a whole sullied by the unscrupulous marketing activities of a few bad actors, several organizations in the field are working to restore the good name of those who are doing things the right way. Read More


April 2, 2018

Behavioral Health Association of Providers has Replaced American Addiction Treatment Association >>

To effectively represent providers at the national level, Behavioral Health Association of Providers has replaced American Addiction Treatment Association. Read More


February 20, 2018

SAMHSA’s Final Changes to 42 CFR Part 2 Expand the Ways Addiction Treatment Providers May Share Patients’ Information >>

The Substance Abuse and Mental Health Services Administration (“SAMHSA”), a branch of the United States Department of Health and Human Services, has issued changes to the regulations governing the Confidentiality of Substance Use Disorder Patient Records. Read More


December 15, 2017

California Certifying Organizations for Addiction Treatment Counselors >>

The body that registers and certifies addition treatment counselors for the state for CAADE approved schools has lost its accredidation as of 12/1/2017. Read More


November 17, 2017

Client Alert: Summary of California Employment Law Updates >>

We are providing you a courtesy update regarding changes in California employment law effective January 1, 2018. Please note that this is an informational notice only and not legal advice on these matters; please contact us if you need additional information. Read More


October 17, 2017

Opioid crisis made worse by big-money influence and DEA disablement >>

Healthcare industry stakeholders who are working tirelessly to address the opioid crisis were disheartened by Sunday’s “60 Minutes”/Washington Post report that showcased a 2016 law that has dramatically hampered the Drug Enforcement Administration’s (DEA) ability to police prescription opioids before they move into communities. Read More


September 19, 2017

Revised AOD Certification Standards & IMS Policy Guideline >>

On May 1, 2017, the California Department of Health Care Services ( DHCS ) issued updated guidelines in its Alcohol and/or Other Drug Program Certification Standards. These guidelines reflect a change in California law that permits the provision of incidental medical services at residential substance use disorder treatment facilities, among other important updates to its certification standards that... Read More


September 18, 2017

The opioid emergency declaration is not dead >>

During a press conference on Monday afternoon to announce a new initiative to address the opioid crisis, New Jersey Gov. Chris Christie separately said that the state of emergency declaration is still in play. Last month, President Donald Trump verbally acknowledged that the opioid issue is indeed a national emergency, but practical developments are on hold until federal officials complete the legwork. Read More


May 19, 2017

TCEM: 5 things to know about fraud investigations >>

Over the past two years, there has been a surge in treatment program investigations as part of a broader focus on fraud, waste and abuse. Investigative units from federal and state agencies as well as commercial insurers are devoting more resources to the examination of billing and marketing practices. Read More


May 3, 2017


Is the American Health Care Act rising from the dead? >>

On April 26, 2017, the Freedom Caucus, a group of conservative House Republicans, announced its tentative agreement on the terms of a compromise amendment crafted by Tom MacArthur (R-N.J.) to the American Health Care Act. The MacArthur Amendment [1]
has the potential to unite House Republicans and move the American Health Care Act (AHCA) through the House. Read More


May 2, 2017


Nelson Hardiman Settles Whistleblower Lawsuit on Behalf of Addiction Treatment Facility >>

Nelson Hardiman partner Zach Rothenberg and associate Kathryn Russo settled a potential large whistle-blower lawsuit on behalf of an addiction treatment facility. In addition to potential false claims act violations, a former employee alleged a hostile work environment (constructive discharge) and retaliation. Sensing an opportunity with an eager plaintiff, Nelson Hardiman proposed an unusual pre-filing mediation, which resulted in a quick settlement for a fraction of the original demand amount. Read More


April 19, 2017

Avoid Fraud: BHAP's Patient Financial Responsibility Toolkit Answers Call from the Addiction Treatment Industry >>

The Behavioral Health Association of Providers ( BHAP) published the Patient Financial Responsibility Toolkit to answer burning questions that are troubling the addiction treatment industry. Insurers are accusing providers and programs of fraud and abuse when they offer discounts and waive fees. What’s legal and what’s abusive? What approach should programs and professionals take to avoid a world of trouble in mishandling patient financial responsibility? Read More


April 18, 2017


Recovery View Featured Member: Behavioral Health Association of Providers >>

“Our mission is to provide clarity on compliance and standards for the addiction treatment world. Confusion about licensing, operations and reimbursement are fundamental challenges facing the industry,” said Harry Nelson, J.D. As Chair of the Board of the Behavioral Health Association of Providers (BHAP), Nelson draws on 23 years of experience solving legal and regulatory problems for healthcare industry clients. Read More


April 5, 2017

Healthcare Fraud Prevention Partnership Targets Opioid Abuse >>

The perpetration of fraud negatively impacts every sector of healthcare, including (and perhaps especially) the abuse of prescription drugs. So it makes sense that parties with different agendas and priorities across a variety of industries would throw their weight together in trying to stamp out fraud and abuse when it comes to a category of drug that is highly susceptible to being abused. Read More


March 10, 2017

The House Republican bill to replace the Affordable Care Act: What treatment centers need to know
>>

On March 6, 2017, the American Health Care Act (AHCA) was introduced in the United States House of Representatives as the fulfillment of the Republicans’ promise to repeal and replace the Affordable Care Act (ACA). The AHCA according to House Speaker Paul Ryan, “means lower costs, more choices, and greater control over your healthcare.” Read More


February 22, 2017

Avoiding Fraud and Abuse Claims in Addiction Treatment: Tips for Getting and Staying in Compliance >>

Until relatively recently, most addiction treatment services were considered a luxury item: recovering addicts would pay cash for their time getting clean in fancy facilities. Insurance companies generally weren’t asked to reimburse for treatment and the government was not incentivized to regulate or supervise treatment programs. Read More


February 17, 2017

HHS Finalizes Rule Updating Substance Use Disorder Px Records Confidentiality Regs >>

Until last month, the applicable federal regulations governing confidentiality of patient records for substance abuse disorders had been in place since 1987—the same year President Reagan told Gorbachev to “tear down this wall” and Windows 2.0 was introduced. SAMHSA recently published its long-awaited final rules which are scheduled to take effect on February 17, 2017. Read More


February 7, 2017


California Healthcare News: Whither TrumpCare >>

Until last month, the applicable federal regulations governing confidentiality of patient records for substance abuse disorders had been in place since 1987—the same year President Reagan told Gorbachev to “tear down this wall” and Windows 2.0 was introduced. SAMHSA recently published its long-awaited final rules which are scheduled to take effect on February 17, 2017. Read More


February 3, 2017


FAQs: What new SAMHSA confidentiality regulations mean to you >>

Until last month, the applicable federal regulations governing confidentiality of patient records for substance abuse disorders had been in place since 1987—the same year President Reagan told Gorbachev to “tear down this wall” and Windows 2.0 was introduced. SAMHSA recently published its long-awaited final rules which are scheduled to take effect on February 17, 2017. Read More


January 25, 2017

Clarity on Parity: What’s Ahead for Addiction Treatment Reimbursement and Mental Health Parity? >>

With the election of President Donald Trump and the recent repeal (or, more accurately, defunding) of the Affordable Care Act, what should addiction treatment providers expect with respect to mental health parity and access to insurance coverage? Read More


January 17, 2017


Choosing The Right Addiction Treatment Program >>

Choosing the right addiction treatment program for yourself or a loved one can be tricky business. Visiting the Internet brings a flood of information, much of it well-crafted marketing with pitches for programs across the country. At the same time, media reports bring news of troubling issues at addiction treatment programs. Some of the stories raise question about the effectiveness of particular approaches; others raise more serious safety concerns? What should participants and their friends and families be looking out for?

Read More


December 15, 2016

Harry Nelson Published “Cures Act: Healthcare Innovation, Grab Bag giveaway, or Both?” >>

Harry Nelson contributed an article to The Hill titled “Cures Act: Healthcare innovation, grab bag giveaway, or both?”.

For all the media attention that it is getting, the impending repeal of the Affordable Care Act (ACA) that Republicans are promising when the 115th Congress convenes is arguably only the second most significant piece of legislation in terms of its impact on U.S. healthcare.


December 5, 2016


The New Normal? Avoiding Risk and Preparing for Growing Scrutiny of Addiction Treatment >>

Recent weeks have brought headlines of law enforcement crackdowns on addiction treatment: federal, state, and local raids on sober living and residential rehab operators, arrests, and charges of fraud or other misconduct. National news also reflects a trend of growing federal and local law enforcement coordinating to prosecute fraud by laboratories, addiction treatment marketers, and others in the industry. Is this the “new normal”?
Read More



April 25, 2016


Patient Financial Responsibility in Addiction Treatment up for Debate >>

Although waiving of patient financial responsibility—deductibles, copays and coinsurance—is a longstanding compliance issue across the healthcare industry, the practice has received unprecedented attention in behavioral health and addiction treatment of late.
Read More



April 22, 2016


Asserting Addiction Treatment Program and Patient Rights through the Regulatory Complaint Process >>

In recent months, California addiction treatment programs have been inundated with audits and investigations and forced to deal with delays in payments from private healthcare insurers, including Health Net, Cigna, Anthem, Blue Shield, Aetna, and UnitedHealth. These actions have had drastic consequences for many programs and their patients, including financial distress caused by widespread payment holds imposed by Health Net and in some cases announced closures of recovery facilities.
Read More



April 22, 2016


From Bad to Worse: Draconian Addiction Treatment Bill Passes Health Committee >>

Last month, we analyzed the pending Assembly Bill 2403, expressing the concern that it threatens the resurgence of NIMBYism in California. Since its initial introduction in February, Assembly Member Richard Bloom and his co-authors amended AB 2403 in ways that make it even worse – and, yesterday, it passed 15-0 in the Assembly Committee on Health.
Read More



April 6, 2016


Addiction Treatment is Booming and Under-regulated >>

The “old guard” substance abuse treatment facilities must move over. Thanks to parity laws and the Affordable Care Act, the past few years have seen unprecedented growth in addiction treatment providers.
Read More



March 31, 2016


California Assembly Bill 848: Fixing the Disconnect in California Regulation of Health Professionals >>

The interplay between residential addiction treatment and medical care in California has been a confounding topic for both drug treatment centers and doctors. After years of confusion, the good news for both sides is that a new California law significantly clarifies and cleans up what has been a muddled area.
Read More



March 18, 2016


Proposed Legislation Threatens Return of NIMBYism >>

A new bill introduced in the California Assembly signals the resurgence of NIMBYism in California.
Read More



March 17, 2016


Health Net Investigation Expands Beyond California >>

Over the past several weeks, we have been fielding calls from addiction treatment providers in neighboring states who have been contacted in the same expanding Health Net investigation that hit many if not most Southern California programs.
Read More



March 2, 2016


FBI or Faux BI? >>

As we recently described, reports of FBI “raids” on Southern California drug rehabilitation centers have sparked concern within the addiction treatment industry.
Read More



February 19, 2016


FBI Raids or Competitor Misinformation about Southern California Drug Rehabs? >>

Reports have been swirling about supposed FBI raids. It remains unclear whether in fact the FBI is investigating or whether competitors are simply spreading misinformation.
Read More



January 28, 2016


Health Net looking for fraud among treatment centers >>

Health Net, a large California insurer, is investigating several residential and outpatient treatment centers for potential fraud.
Read More



January 21, 2016


Putting the Recent Surge in Investigation of Drug Treatment Marketing, Recruiting, and Billing... >>

Over the past week, we have learned of over a dozen drug treatment providers across Southern California and beyond who received a letter blasted out by Health Net, and from the range, our sense is that this was a shotgun blast to hundreds of providers.
Read More


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Behavioral Health Association of Providers (BHAP)

A National Trade Membership Association that provides education and advocacy for behavioral healthcare providers and related entities.