Consolidated Appropriations Act 2023: Updates and Implications

With the Consolidated Appropriations Act of 2023 going into effect at the end of 2022, several new policies have brought about a change in the treatment of mental health and substance abuse disorders moving forward. With these changes, there are three areas of note that New Mexico providers should be aware of.


First, the federal requirement for healthcare providers to submit a Notice of Intent (also referred to as a waiver) to prescribe medications such as buprenorphine for the treatment of opioid use disorder (OUD) has been eliminated. This means that healthcare providers in New Mexico, including residents, who have a current DEA registration with Schedule III authority can now prescribe suboxone for opioid use disorder. This change is expected to create improved access to medication assisted treatment for patients throughout the state.


Second, enforcement of the Parity Act has been strengthened. As a result, most private health insurance plans must offer coverage for mental health and substance use disorder treatment on par with coverage for other medical conditions, without requiring cost sharing from the policyholder. Mental health and substance use disorder benefits include services (officer/hospital visits), items (prescription medications), and providers (psychiatrists, psychologists, etc.) across various settings and modalities (inpatient, outpatient, telehealth). The Department of Health and Human Services is also making grant funds available to states to ensure compliance with mental health parity requirements.


Lastly, beginning June 21, 2023, healthcare providers who prescribe controlled substances will required to complete mandatory training in substance abuse disorders. While providers in New Mexico are already required to complete training when renewing their DEA license, it’s unknown how this policy change will impact training requirements however the Drug Enforcement Administration (DEA) and Substance Abuse and Mental Health Services Administration (SAMHSA) are expected to announce the new training requirements in the coming months.


As we await further guidance from DEA and SAMHSA, keep checking our website and follow us on social media for the most up-to-date information and updates on these and other policy modifications.