Legislative Priorities 2011

Substance Abuse

• Support legislation making the sale and distribution of K-2 / synthetic marijuana illegal.

• Establish a funding mechanism for substance abuse treatment services which includes the development of a new, permanent funding source as well as an appropriation in this year’s budget.

Position On Synthetic Cannabis - 10/11/2010

There are great concerns among professionals in the addictions treatment field as more individuals begin to use synthetic marijuana. Synthetic THC is a laboratory-developed version of the active ingredient in cannabis or marijuana. As long as this compound is legal to sell, legal to purchase, legal to possess and legal to use the message to society is that this compound is safe and we can expect to see more and more people suffer consequences as a result. There are many reasons to advocate for the illegalization of this compound, including:

• The exact action, interactions, side effects, short-term effects and long-term effects are not fully known at this time. Users report an intense euphoria similar to feeling under the influence of marijuana except that they experience a more intense hallucinatory experience. This unexpectedly intense hallucinatory experience has resulted in individuals seeking help at hospital emergency rooms. More concerning is that we do not know the long-term effects of this chemical. There have been national reports of adolescents using synthetic THC who are comatose on arrival to the hospital and whose brains are bleeding from the use of this compound (it is thought to cause stroke)
  
  
• The packaging and marketing of this compound is misleading and attractive to adolescents and young adults. By marketing the synthetic THC as a “potpourri” or “incense” and packaging it in attractive foil zip-top bags with psychedelic pictures and calling it “Serenity Now” or “K-2” or “The Summit” or “Greenhouse Effect” and selling it for $25-$60 per package, it is marketed as something it is not. No other potpourri or incense is burned and the smoke inhaled to alter reality. There are reports that some people are not burning it at all – but inhaling it and feeling an effect from the compound that way.
  
  
• There is no way to test for this compound through the usual drug testing methods. Laboratories are in the process of developing a drug screen test that would detect synthetic THC but to date there is no available testing method
  
  
• Marijuana is a proven gateway drug – using marijuana leads to using other “harder” drugs. Synthetic THC is most likely another gateway drug.
  
  
• The DEA considers this to be “a substance of concern” which may be an indicator that the federal government plans to place it on Schedule I – illicit drugs.

We implore the WV Legislature to take up this issue at the next legislative session and pass a law that makes illegal all forms of synthetic THC.

Waiver/ DD

• Establish an annual rate review mechanism for waiver services. The last reimbursement rate increase for waiver services was in October of 2006. At that time, a team of consultants and DHHR staff were used to develop a rate setting methodology that was to serve as foundation for future rate setting.  Given the effort to establish the 2006 rate review protocol, it is difficult to understand why that work has been ignored since its original implementation date.

Mental Health

• The WVBHPA continues to have significant concerns about the expansion of Medicaid managed care into the behavioral health population. We believe that the integration of physical and behavioral and sub-specialty care can be best accomplished to the benefit of our patients on a provider-by-provider level and not through HMOs. Additionally, the proposed capitation does not lend itself to a financially stable behavioral healthcare delivery system. 

• The system of care for adults with mental illness or co-occuring disorders should be improved and enhanced in compliance with the Hartley Order and the Agreed Order as recommended in WVBHPA’s Crossroads report.

Rules/ Statutes

• The WVBHPA has several significant concerns about the negative financial impact the proposed legislative Rule on Safety and Treatment Programs will have on both the Bureau for Behavioral Health and Health Facilities and our members. Additionally, the Rule does not appear to fully comply with the requirements of Code and creates confusion related to the fees to be charged and collected pursuant to the Code and Rule.

General Topics

• The WVBHPA anticipates working closely with DHHR to develop the necessary modifications to the State’s Guardianship/Conservator Code to ensure that individuals are adequately protected while ensuring they continue to receive access to services through our members.
  • The Association plans to explore opportunities in cooperation with DHHR, payors and other providers to expand the availability of rural health services through improved access to telemedicine services.