On December 27, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023, a $1.7 trillion year-end omnibus spending bill passed by Congress on December 23, 2022. It provides billions of dollars to address mental health and addiction and includes several policy changes that will make critical changes to the way our nation addresses addiction.

Policy Provisions

The Consolidated Appropriations Act, 2023 incorporates the Restoring Hope for Mental Health and Well-Being Act, the mental health and addiction legislative package previously passed by the House of Representatives.

Funding

The bill authorizes grants for behavioral health resources for Native Americans and includes reauthorizations through 2027 for major funding sources for mental health and addiction prevention, treatment, and recovery services, including the:

Prevention

The law includes provisions to address opioid prescribing, including:

It also includes provisions to promote public awareness/education, including requiring:

The law also reauthorizes and expands the STOP Underage Drinking program.

The law includes provisions to support youth mental health, which can also help prevent substance use. It:

Crisis Response

The law includes several provisions to support crisis continuums of care, including:

It also provides support for 988 and the Veterans Crisis Line, as well as mobile crisis response services, including:

Harm Reduction

The law reauthorizes grants supporting naloxone prescribing training and naloxone access and education.

However, as with previous years, the law prohibits funds from being used to purchase sterile needles/syringes for illegal injection drug use, and it prohibits funds from being used to purchase, procure, or distribute pipes to smoke or inhale illegal substances.

Treatment

The law includes several changes to stringent federal rules regarding medications for opioid use disorder.

To increase access to buprenorphine, the law:

To increase access to methadone, the law:

The law also aims to expand access to contingency management services by:

The law also includes the Into the Light for Maternal Mental Health and Substance Use Disorders Act to support mental health and addiction care for pregnant and postpartum individuals, including through screening and treatment and a maternal mental health hotline.

The law aims to support continued availability and access to mental health and addiction services during and in response to public health emergencies, requiring a strategy and recommendations for doing so, as well as a report on Substance Abuse and Mental Health Services (SAMHSA) programs to support mental health and addiction services during COVID.

It also includes provisions to support care integration, including grants, technical assistance, and education to promote integration between physical and behavioral health.

Insurance Coverage

The law strengthens parity enforcement by:

The law requires a study on Medicare Advantage plans that includes some parity analyses and requires some Medicaid plans to publicly publish and regularly update a searchable directory of network providers.

The law also expands coverage for mental health services in Medicare by allowing marriage and family therapist, mental health counselor, and intensive outpatient services.

Recovery Support

The law provides support for recovery housing (Excellence in Recovery Housing Act), by:

The law also supports peer support services, including through grants for virtual and other peer support services and expanding veteran peer support.

The law also expands the Substance Use Prevention, Treatment, and Recovery Services Block Grant (formerly the Substance Abuse Prevention and Treatment Block Grant) to include recovery support services.

Behavioral Health Workforce

The law helps expand the behavioral health treatment workforce, including by:

Other

The law extends the temporary scheduling of fentanyl-related substances to Schedule I until the end of 2024.

As with previous years, the law includes provisions on marijuana that prohibit D.C. from creating a legal recreational marijuana market and prevent the Justice Department from interfering with states that have medical marijuana laws.

2023 Appropriations

The funding for government agencies for FY 2023 includes billions of dollars to address mental health and addiction.

It includes $7.5 billion for the Substance Abuse and Mental Health Services Administration (SAMHSA) ($970 million increase over FY 2022), including:

Centers for Disease Control and Prevention (CDC) funding includes $505 million for opioid overdose surveillance and prevention. The appropriations include targeted increases at the Food and Drug Administration (FDA) to address the opioid crisis, as well as increased funding at the National Institutes of Health (NIH) for research related to opioids, methamphetamines, and pain and increased funding for the National Institutes on Drug Abuse (NIDA), Alcohol Abuse and Alcoholism (NIAAA), and Mental Health (NIMH). Health Resources and Services Administration (HRSA) funding includes increased funding for maternal health, youth mental health services, behavioral health workforce programs (e.g., Substance Use Treatment and Recovery Loan Repayment Program, Behavioral Health Workforce Education and Training Programs), and rural behavioral health services (e.g., Rural Communities Opioid Response Program).

The law includes $471 million for the Office of National Drug Control Policy ($22 million increase), including:

It also includes $111 million for Department of Education programs to increase mental health services in schools, as well as increased funding for social emotional learning programs, including:

The law includes $13.9 billion for veteran mental health, $183.3 million for veteran substance use disorder programs, $663 million for opioid misuse prevention, and $86 million for Whole Health Initiatives.

It includes funding for criminal justice, law enforcement, and reentry programs, including:

Funding for drug interdiction and supply reduction includes funding for:

The appropriations also increased funding to programs that can help improve social determinants of health and ultimately help prevent substance use, such as: