The Bazelon Center for Mental Health Law


 

 

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  • Purchase Managing Managed Care for Publicly Financed Mental Health Services from the Bazelon Center's Online Bookstore

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  • National Clearinghouse on Managed Care and Long-Term Support and Services for People with Developmental Disabilities and their Families
  • SAMHSA's managed care page
  • Dr. John Grohol's article Why Managed Care Hurts You
  • California Coalition for Ethical Mental Health Care.
  • Managing Managed Care

    The following is an article written by governmental affairs director Chris Koyanagi and communications director Lee Carty of the Bazelon Center for Treatment Today magazine (Summer 1996). It is adapted from the book by the same title published by the Bazelon Center.

    Managing Managed Care for Publicly Financed Mental Health Services

    Is "managed care" of publicly funded mental health services only an attempt to rationalize major funding cuts? Or could it enable the public mental health system to develop successful, widespread organized systems of care?

    Managed care systems that agree to provide all necessary care for a fixed payment have an incentive to deny services or coerce people into accepting services they may not want. This creates the potential for great harm to those with high-cost needs. On the other hand, certain aspects of managed care could signficiantly improve the public mental health system. For example, managed care can control the use of inpatient and residential services by emphasizing care in the least restrictive setting of the consumer's choice, substituting support services for expensive clinical care and fostering efficiency among provider agencies.

    Although people with less severe disorders face important issues in seeking mental health services, the real challenge is to ensure that managed care approaches do not result in inappropriate or insufficient services for adults with serious mental illness and children with serious emotional disturbance who rely for their care on the public sector.

    In general, consumers in the public system have more serious disabilities--often compounded by extreme poverty--than the privately insured population. Also, there is a public responsibility; states must remain the agents of last resort for people with no other access to services. When states contract for managed care, that responsibility must be built into the contract. Accordingly, managed care arrangements will need to adopt the basic values that have proven effective in good public mental health systems.

    These values and approaches are articulated in the principles of the federal Community Support Program for adults with serious mental illness and, for children with serious emotional disturbance, through the Child and Adolescent Service System Program's system of care. Public systems built on these values focus on the individual's recovery and view consumers as partners in treatment and rehabilitation. Service plans are driven by consumers' goals and build on their strengths.

    Once the decision is made to move to managed care, specifications are needed--in law, regulations or contracts--to guard against limitations on access, to maintain the quality of care and to protect consumers' rights and ensure that the system respects their wishes. Any managed care arrangement must include the following elements:

    • Consumer and family involvement in design, implementation and evaluation of the managed care plan. This means that consumers, families and advocates participate in the planning group (commission, task force, workgroup, etc.) developing the draft plan, that a state-level consumer-oversight board reviews implementation of managed care, and that the managed care entity conducts regularly scheduled consumer-satisfaction surveys and uses the results to improve its services.
    • Protection of consumer rights. This means a stated right of consumers to be fully involved in all treatment decisions, to participate in the development of their service plan and to refuse any treatment they do not feel is appropriate. Consumers are also guaranteed the right to file a grievance at any time and to receive a response within a reasonable time.
    • Provision of a full array of truly accessible services, including psychiatric rehabilitation, case management, assertive community treatment, intensive in-home services for children, school-based day treatment, consumer-run self-help and other services necessary to achieve positive outcomes. This requires the flexibility to use funds for alternatives to inpatient care and ensure that any "savings" generated remain in the managed care system, to be reinvested in community alternatives or to expand eligibility to an uninsured population.
    • Access to and effective use of community services. This means including, for a transition period (five years, for example), community public-sector agencies that are identified by the state mental health authority as essential providers. The system should provide geographically and culturally accessible services and conduct targeted outreach to potential and current enrollees, particularly to individuals who are homeless, who live in isolated areas or who face other barriers to enrollment or the ongoing receipt of services. Such outreach is most effective when done regularly by consumers or family members.
    • Limits on involuntary treatment. This means providing a full array of acceptable treatment alternatives in order to reduce involuntary commitment and working with police on appropriate diversionary procedures. Above all, the managed care entity should be financially responsible for mental health care for any consumer committed to an inpatient facility; this eliminates any incentive to shift costs to the state by seeking commitment.
    • Measures to ensure that financial issues do not undermine the system. For example, states without the resources to finance the system adequately may wish to leave public-sector mental health services out of any capitated managed Medicaid plan for the time being. Or "soft capitation" can allow some risk-sharing between the managed care entity and the state to cover expected additional costs. Soft capitation pays the company more if needed services exceed a specified level. While it attenuates cost-containment, it also helps remove incentives to dump consumers with more costly care needs into the public system.
    • Blending funds among the various child-serving agencies to develop a single coordinated system of care for children with serious emotional disturbance. State mental health spending for children now comes primarily from child welfare and education. Mental health dollars alone will be inadequate to underwrite a managed care system.
    • Quality assurance and inclusion of meaningful outcome measures (such as incarceration rates) to evaluate access to services, utilization, consumer satisfaction and potential problems. Assessments and monitoring information about the managed care plan should be available to the public.
    • Standards for managed care organizations, with selected issues and items in the managed care contract serving as triggers for sanctions. It is particularly important to impose sanctions quickly on plans that violate individual rights or have excess utilization of their grievance and appeals systems.

    Evaluations of small-scale managed care and capitated programs operating in the public mental health system today offer evidence that, with careful planning, diligent oversight and the active involvement of consumers, families and mental health advocates, states can obtain the cost-efficiency they want while ensuring appropriate access and quality of care and giving consumers real choices. However, advocates and policymakers will need to be assertive. Corporations purchasing managed behavioral health care make clear exactly what they want;those who purchase on behalf of the public should be expected to do the same.

    © Copyright 1996 Treatment Today.

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      Judge David L. Bazelon Center for Mental Health Law
    1101 15th Street, NW, Suite 1212
    Washington, DC 20005

    Phone: 202-467-5730
    Fax: 202-223-0409
    Email: webmaster@bazelon.org

     
    Judge David L. Bazelon Center for Mental Health Law
    1101 15th Street, NW, Suite 1212
    Washington, DC 20005

    Phone: 202-467-5730
    Fax: 202-223-0409
    Email: webmaster@bazelon.org