Current through all regulations passed and filed through September 16, 2024
(A)
For the purpose
of this rule, the following definitions apply.
(1)
"Attributed
individual" is the Ohio medicaid covered individual for whom a qualified
behavioral health entity eligible under this rule has accountability for
providing behavioral health care coordination.
(2)
"Attribution" is
the process through which medicaid covered individuals are assigned to a
specific qualified behavioral health entity. The Ohio department of medicaid
(ODM) is responsible for attributing eligible individuals.
(3)
"Behavioral
health care coordination" (BHCC) is an evidence-based comprehensive care
coordination model that connects qualified behavioral health entities with an
assigned panel of eligible members with high-need behavioral health
conditions.
(4)
"Comprehensive primary care initiative" (CPC) is the
ODM implementation of a patient-centered medical home (PCMH) model as
established through rules
5160-1-71 and
5160-1-72 of the Administrative
Code.
(5)
"Consolidated clinical document architecture" (C-CDA)
is an implementation guide developed and maintained by "Health Level Seven
International" (HL7) which specifies a library of templates and prescribes
their use for a set of specific document types for the purpose of electronic
exchange of health care information.
(6)
"Eligible member"
is the medicaid covered individual who meets the diagnosis and service
utilization criteria that enables them to receive BHCC from a qualified
behavioral health entity to which they have been attributed.
(7)
"Fast healthcare
interoperability resources" (FHIR) is a standard developed by HL7 for
exchanging healthcare information electronically.
(8)
"Healthcare
effectiveness data and information set" (HEDIS) is a tool developed by the
national center for quality care (NCQA) to measure performance on dimensions of
care and service.
(9)
"Medication-assisted treatment" (MAT) is the combined
provision of behavioral therapy and medications for the treatment of substance
use disorders. All medications must be approved by the United States food and
drug administration (FDA) for the treatment of a substance use
disorder.
(10)
"National quality forum" (NQF) refers to the
performance measures endorsed by the national quality forum.
(11)
"Performance and
quality improvement" (PQI) refers to the standards developed by the council on
accreditation (COA) that measure effective quality improvement
plans.
(12)
"Primary care practice" (PCP) is a practice led by
primary care practitioners who comprehensively manage the health needs of
individuals.
(13)
"Qualified behavioral health entity" (QBHE) is the
participating entity which has attributed individuals and is responsible for
the BHCC activities.
(B)
A QBHE
must:
(1)
Meet
the certification requirements set forth in paragraph (A)(1) of rule
5160-27-01 of the Administrative
Code and in calendar year 2017 or later have provided both mental health and
substance use disorder treatment services under the same ownership;
or
(2)
Meet the requirements stated in paragraph (G)(2)(a) of
rule 5160-2-75 of the Administrative
Code if an outpatient hospital provider; and
(3)
Within ninety
calendar days of approval to participate as a QBHE, have an active provider
contract with each medicaid managed care plan (MCP);
(4)
Submit an
application to become a QBHE. ODM reserves the right to deny any QBHE
enrollment application it determines is not in compliance with the requirements
of this rule. A QBHE may seek reconsideration pursuant to rule
5160-70-02 of the Administrative
Code to challenge a decision by ODM to deny a QBHE enrollment
application;
(5)
At the time of submitting an enrollment application to
become a QBHE, have at least one practitioner from each of the following
categories affiliated with the entity:
(a)
A practitioner
with prescribing authority in the state of Ohio;
(b)
A registered
nurse or licensed practical nurse; and
(c)
An other licensed
professional as described in rule
5160-8-05 of the Administrative
Code.
(6)
For the practitioner types defined in paragraph (B)(5)
of this rule, continue to have such practitioners affiliated with the
participating QBHE at all times to maintain eligibility as a
QBHE.
(7)
Demonstrate an organizational commitment to integration
of physical and behavioral health care at the date of application to become a
QBHE. The entity must meet one of the following:
(a)
Have an ownership
or membership interest in a primary care organization where primary care
services are fully integrated and embedded;
(b)
Enter into a
written integrated care agreement such as a contract or memorandum of
understanding with a primary care provider; or
(c)
Achieve
implementation of primary physical health care standards by a national
accrediting entity as an integrated primary care-behavioral health provider,
primary care medical home or behavioral health home.
(C)
The
QBHE must attest to the following at the time of application:
(1)
That it has the
ability to share, receive, and use electronic data from a variety of sources
with other health care providers, ODM, and the MCPs;
(2)
That it uses
consent forms containing elements necessary to support the full exchange of
health information in compliance with all applicable state and federal
laws.
(3)
That it has the ability to submit prescriptions
electronically;
(4)
That it implements and actively uses an electronic
health record (EHR) in clinical services; and
(5)
If QBHE enrolled
in the BHCC program prior to July 1, 2019, QBHE will have the ability, within
six months of July 1, 2019 service start (January 2020), to send, receive, and
use continuity of care records through the use of standard electronic formats
such as FHIR and C-CDA. If QBHE enrolled in the BHCC program after July 1,
2019, QBHE will have the standard electronic formats prepared at the time of
application.
(D)
Eligible individual requirements.
(1)
Except for the
following populations, all medicaid covered individuals who meet the diagnostic
and utilization criteria set forth in this rule will be attributed to a
QBHE:
(a)
Individuals who have been receiving inpatient care at a hospital or residing in
a nursing facility for more than ninety days.
(b)
Individuals who
are currently receiving another care coordination service that substantially
duplicates those activities provided through BHCC.
(2)
Eligible
individuals who meet the criteria in one of the following groups are eligible
for BHCC and will be attributed to a QBHE:
(a)
Group 1. Claims
utilization in the twelve months preceding attribution identifies at least one
of the following diagnostic criteria or diagnoses as identified in appendix A
to this rule:
(i)
A primary diagnosis of schizophrenia;
(ii)
A primary
diagnosis of bipolar disorder with psychosis;
(iii)
A primary
diagnosis of major depression with psychosis;
(iv)
A primary
diagnosis indicating attempted suicide or self-injury;
(v)
A reported
condition of homicidal ideation;
(vi)
A reported
condition of suicidal ideation;
(vii)
A primary
diagnosis of substance use with pregnancy or one year postpartum;
or
(viii)
Receipt of an injectable antipsychotic.
(b)
Group
2. Claims utilization in the twelve months preceding attribution identifies a
combination of the following diagnostic and utilization criteria:
(i)
One or more of
the following services, service locations or medications for a
behavioral-health related condition:
(a)
Inpatient
hospital visit;
(b)
Crisis unit visit;
(c)
A nursing
facility visit;
(d)
A rehabilitation facility visit;
(e)
A medication as
identified in appendix B to this rule that was administered as a component of
MAT for treatment of a substance use disorder; or
(f)
For individuals
under the age of twenty-two, a therapeutic behavioral group service per diem;
and
(ii)
One or more of the following primary diagnoses as
identified in appendix C to this rule:
(a)
Bipolar disorder
without psychosis;
(b)
Major depression without psychosis;
(c)
Post traumatic
stress disorder;
(d)
Substance use disorder;
(e)
Conduct
disorder;
(f)
Personality disorder;
(g)
Psychosis;
(h)
Oppositional defiance disorder;
(i) Eating disorder;
or
(j)Other depression.
(3)
For
medicaid covered individuals who do not have sufficient claims history to
substantiate the eligibility criteria for BHCC, any provider may make a
referral to the MCP to request enrollment in BHCC and attribution to a QBHE.
The provider must provide sufficient documentation to demonstrate the
individual meets the BHCC eligibility criteria as defined in this rule. Each
referral is subject to review and approval by the MCP.
(4)
Eligible members
who are in foster care and meet the eligibility criteria in paragraph (D)(2) of
this rule will be attributed to a QBHE only after the guardian is notified of
eligibility by ODM or its designee, and the guardian provides consent for the
individual in foster care to receive BHCC.
(5)
For eligible
members who are also receiving substance use disorder (SUD) residential
treatment, the following applies:
(a)
The eligible member will be attributed to or maintain
attribution with a QBHE during the SUD residential treatment
period.
(b)
The QBHE will not be eligible for BHCC payments during
the eligible member's SUD residential treatment period because BHCC is
duplicative of the care coordination responsibilities of the SUD residential
treatment program.
(c)
The QBHE will immediately re-engage the eligible member
for BHCC upon discharge from the SUD residential treatment
period.
(6)
For eligible members who also meet criteria for
assertive community treatment (ACT) or intensive home based treatment (IHBT) as
defined in Chapter 5160-27 of the Administrative Code, the following
applies:
(a)
The eligible member will be attributed to or maintain
attribution with a QBHE.
(b)
If the QBHE is certified to deliver ACT or IHBT, it
shall provide ACT or IHBT in lieu of BHCC as long as ACT or IHBT is medically
necessary. When the ACT or IHBT service is no longer medically necessary, the
eligible member shall be transitioned to BHCC.
(c)
If the QBHE is
not an eligible provider of ACT or IHBT, the eligible member may choose to
either receive BHCC from the QBHE or opt-out and receive ACT or IHBT from a
provider eligible to deliver ACT or IHBT.
(E)
Attribution.
(1)
At any time, the eligible member may choose a specific
QBHE or request to be re-attributed to a different QBHE by submitting a request
to the member's MCP.
(2)
If no choice has been identified by the eligible
member, attribution will be completed using claims utilization data and the
member's visit history, provider specialty, and geographic proximity between
the member and provider.
(3)
Eligible individuals may opt-out of receiving BHCC and
may opt-in at any time by making a request to the MCP.
(F)
A
participating QBHE must perform the following activities as needed for their
attributed individuals:
(1)
"Outreach and engagement" activities which
includes:
(a)
Conducting initial outreach and engagement with attributed
individuals upon enrollment in the BHCC program;
(b)
Leading initial
outreach with the attributed individual's PCP to share information regarding
the BHCC program participation and care plan development;
(c)
Building
trust-based relationships to understand the preferences and goals of the
attributed individual and begin engaging with the individual's family or social
support system;
(d)
Leading development of the outreach plan that ensures
alignment with the individual's PCP and the MCP to establish a process for
information exchange and to identify each stakeholder's role in coordinating
care;
(e)
Establishing relationships and collaborations with a
full spectrum of providers and payers as appropriate; and
(f)
Educating other
providers and payers about the BHCC program and the value of collaborating to
deliver medically necessary services.
(2)
"Comprehensive
care plan" activities in which the QBHE must:
(a)
Within thirty
days of the first BHCC activity conducted, begin developing a comprehensive
care plan that addresses the individual's behavioral and physical health
needs;
(b)
Act as the lead for creating and maintaining the
comprehensive care plan, including leading outreach to the PCP to incorporate
inputs for physical health components in the comprehensive care plan;
and
(c)
Develop the behavioral health components of the
comprehensive care plan.
(G)
"Ongoing
maintenance" activities must be performed by the QBHE including, but not
limited to, the following:
(1)
Relationship maintenance activities in which the QBHE
must, as a primary contact for communication about behavioral health and
physical health needs of the attributed individual, conduct regular check-ins,
educational activities and additional intensive support as needed which include
the following:
(a)
Directing individual and family education on behavioral
health, including self-care and adherence to the comprehensive care plan;
and
(b)
Conducting follow ups with the individual on behavioral
health care and updating, as appropriate, the comprehensive care plan, CPC
practice, or PCP.
(2)
"Individual
engagement and access to appropriate care" activities in which the QBHE
must:
(a)
Improve access to appropriate care by addressing barriers
such as assistance with scheduling appointments or connecting the attributed
individual to transportation;
(b)
Lead scheduling
with guidance from the CPC practice or PCP and work with the attributed
individual to reduce barriers to attendance for appointments;
(c)
Lead follow-ups
with the CPC practice or PCP to understand implications from ambulatory or
acute encounters such as treatment adherence;
(d)
Engage directly
with the attributed individual's health care providers as well as community
resources to support care and make necessary updates to the comprehensive care
plan;
(e)
Be accountable for referral decision support and
scheduling for behavioral health care in both inpatient and outpatient
settings; and
(f)
Stabilize crises by gathering information from the
attributed individual, CPC practice or PCP, social support systems, and other
medical providers and formulating a response for immediate intervention or
stabilization.
(3)
"Engaging supportive services" activities in which the
QBHE must facilitate access to needed community services such as housing or
vocational services.
(4)
"Population health management" activities in which the
QBHE must use appropriate data to identify high-risk individuals and utilize
the appropriate resources to deliver specialized interventions.
(5)
"Individual
transition" activities in which the QBHE must:
(a)
Ensure the
attributed individual's successful transition between providers or sites of
care including triaging the individual to medically necessary services not
available at the attributed QBHE;
(b)
Lead outreach to
the CPC practice or PCP after major behavioral health events such as an
inpatient stay and discuss implications for physical
healthcare;
(c)
Follow up with the CPC practice or PCP following major
physical health related events and discuss implications for behavioral health
care as well as transition needs of the attributed individual such as
transportation and medications; and
(d)
Monitor the
attributed individual's admission and discharges related to behavioral health
treatment by establishing relationships with hospitals and hospital emergency
departments.
(H)
An enrolled QBHE
will be evaluated based upon its population of attributed individuals meeting
the identified thresholds for the following HEDIS, NQF, and PQI measures, as
applicable, quarterly and at the end of each calendar year by ODM or the MCP.
More detailed information regarding these requirements can be found on the ODM
website, www.medicaid.ohio.gov.
(1)
Adult body mass index (BMI) assessment;
(2)
Controlling high
blood pressure;
(3)
Comprehensive diabetes care; eye exam (retinal)
performed;
(4)
Comprehensive diabetes care; HbA1c poor control
(greater than nine per cent);
(5)
Comprehensive
diabetes care; HbA1c testing;
(6)
Tobacco use;
screening and cessation;
(7)
Follow-up within seven days after hospitalization for
mental illness;
(8)
Follow-up within seven days after an emergency
department visit for mental illness;
(9)
Follow-up within
seven days after an emergency department visit for alcohol or other drug
dependence;
(10)
Antidepressant medication management;
(11)
Initiation and
engagement of alcohol and other drug dependence treatment;
(12)
Adherence to
antipsychotic medications for individuals with schizophrenia;
(13)
Metabolic
monitoring for children and adolescents on antipsychotics;
(14)
Use of multiple
concurrent antipsychotics in children and adolescents;
(15)
Emergency
department visits;
(16)
Behavioral health-related inpatient
admissions;
(17)
Inpatient discharges;
(18)
All-cause
readmissions;
(19)
Adolescent well-care visits;
(20)
Weight
assessment and counseling for nutrition and physical activity for children and
adolescents including BMI documentation;
(21)
Per cent of live
births weighing less than two thousand five hundred grams;
(22)
Prenatal care
including timeliness of care;
(23)
Postpartum
care;
(24)
Use of opioids at high dosage (greater than eighty
morphine equivalent dose per day); and
(25)
Rate of
opioid-related emergency department visits per one-thousand member
months.
(I)
Additional requirements for enrolled QBHEs.
(1)
The QBHE must
assign at least one individual who serves as the point of contact for the MCP
and ODM or its designee to discuss performance of BHCC quality
measures.
(2)
The QBHE must identify a care team that includes the
following roles:
(a)
Case manager to lead the care coordination relationship
and serve as the primary point of contact for the individual and their
family.
(b)
Registered nurse or licensed practical nurse to consult
and coordinate with the eligible member's other medical
providers.
(c)
Program administrative contact to act as the single
point of contact to fulfill records requests and perform other administrative
activities.
(3)
The QBHE must maintain records that meet the
requirements set forth in rule
5160-1-17.2 of the
Administrative Code.
(4)
For eligible members or attributed individuals who
opt-out of the BHCC program, the QBHE must document in the medical record the
circumstances regarding the individual's decision and notify the member's MCP
of this decision by no later than the end of the following business
day.
(5)
If a participating QBHE chooses to terminate its
designation as a QBHE, it must provide notice to ODM and the MCPs in accordance
with rule
5160-26-05 of the Administrative
Code.
(J)
Reimbursement.
(1)
QBHEs are
authorized under this rule to provide the identified BHCC activities on a
monthly basis to attributed individuals and obtain a monthly payment rate as
found in appendix D to this rule for each calendar month the BHCC specific
activities are performed.
(2)
To be eligible for payment under this rule, BHCC
activities must be separate and distinct from other medicaid-covered services
provided within the same calendar month.
(3)
If the member is
attributed prior to July 1, 2019, the QBHE may begin submitting claims for BHCC
for dates of service in July 2019 no earlier than August 1, 2019. If the member
is attributed after July 1, 2019 for the first program year, the QBHE may begin
submitting claims for BHCC in the calendar month following the month in which
the eligible member was attributed to the QBHE. QBHEs will not be reimbursed
for BHCC services prior to July 1, 2019.
(4)
The BHCC
activities performed must be identified on claims for BHCC using the procedure
codes and modifiers identified in appendix D to this rule.
(5)
The QBHE may bill
for BHCC once per calendar month per attributed individual when the following
requirements are met:
(a)
For the initial payment, the QBHE may submit a claim
for the BHCC service if it has completed, at a minimum, the activity
requirements set forth in paragraphs (F)(1)(a) to (F)(1)(c) of this rule and
begin developing the comprehensive care plan as specified in paragraph (F)(2)
of this rule.
(b)
For ongoing payment, the QBHE may submit a claim for
BHCC if it has completed in the same calendar month, at least one of the
activity requirements set forth in paragraphs (F) or (G) of this rule. Other
activities stated in paragraph (F) and (G) of this rule must be provided as
needed.
(c)
At least one activity is performed every month that
involves contact with the attributed individual.
(6)
For attributed
individuals in the BHCC program, payments for community psychiatric supportive
treatment (CPST) and targeted case management as described in Chapter 5160-27
of the Administrative Code will not be made as these are considered duplicative
of the BHCC program activities.
(K)
Penalties.
(1)
The QBHE must
continue to meet all requirements as defined in this rule. If these
requirements are not met upon evaluation, payment under this rule is subject to
termination.
(2)
A QBHE may seek reconsideration pursuant to rule
5160-70-02 of the Administrative
Code to challenge decisions by ODM to terminate payments described in this
rule.