Scam Alert

The New Mexico Regulation and Licensing Department has learned of an attempted fraud scheme aimed at licensees. In the scheme, scam artists identify themselves as New Mexico Regulation and Licensing Department staff or investigators and notify the licensee that they are under investigation, that their license may be suspended, or that an arrest warrant has been issued in the licensee’s name, and then they will demand money.

In some instances, scam artists identify themselves as other entities including local police, the Drug Enforcement Agency (DEA) or the Federal Bureau of Investigation (FBI).

The callers may be “spoofing” telephone numbers to make the calls appear to be coming from the New Mexico Regulation and Licensing Department.

The best deterrence against these bad actors is awareness and caution. All licensees should be aware of unsolicited calls and emails from scammers impersonating a government agency. This is a trick fraudsters use to make a quick buck at the expense of hardworking consumers.

The New Mexico Regulation and Licensing Department will never contact licensees demanding money or payment of any form of personal information without conducting an official investigation or inquiry. If you receive such a call, please refuse the demand for payment and hang up.

With any suspicious phone call, the Department advises that safe practice is to hang up before revealing any personal information and for the individual to initiate a return phone call by calling a number researched on their own rather than relying on the caller ID to ensure that they are speaking with the actual agency.

Please also consider the following:

The New Mexico Regulation and Licensing Department regulates more than 500,000 individuals and businesses in 35 industries, professions, and trades across the state. Its goal is to ensure that New Mexicans receive quality services from qualified individuals and businesses while ensuring a fair and prompt administrative process.

SB 475 COUNSELING & THERAPY GROSS RECEIPTS

Follow-up from the original bill SB 475 COUNSELING & THERAPY GROSS RECEIPTS

This bill was passed through all committees during this legislative session and then added to HB 547 PUBLIC PEACE, HEALTH, SAFETY & WELFARE TAX CHANGES. It was then passed by committees and then sent to the House and Senate Floors, where they added suggestions and revisions, where it ultimately was agreed upon and sent to the Governor’s desk for signature. On April 7, 2023, the Governor signed off on this bill and put this into effect starting the new fiscal year (July).

Please see HB 547 Section 36. p. 103-109

SECTION 36. Section 7-9-93 NMSA 1978 (being Laws 2004, Chapter 116, Section 6, as amended) is amended to read: “7-9-93. DEDUCTION–GROSS RECEIPTS–CERTAIN RECEIPTS FOR SERVICES PROVIDED BY HEALTH CARE PRACTITIONER OR ASSOCIATION OF HEALTH CARE PRACTITIONERS.

For a general overview, there were 40 sections, and many bills lumped into this bill. Many were vetoed, but our bill made it. Although this bill does not fully cover or remove GRTs (Gross Receipt Tax) as initiated, it does apply to commercial contract services or Medicare Part C services – where GRTs are deducted for copays and deductibles. This takes effect in July, but due to the GRT filing process, the benefit would apply in August onward for the next 5 years. We can advocate to renew or revise the current legislation at that time.

In addition, by the statute listed below, GRTs can be covered by Managed Health Care Providers. To take the benefit (under HB 547), a provider must also have taken the deduction (under Sect. 7-9-93) by contacting Managed Health Care Provider (Ex., Presbyterian, BCBS, Western Sky, etc.) that a provider is contracted with and adding it to your contract. (Section 36C) This bill applies to mental health providers (licensed: psychologist, professional clinical mental health counselor, marriage and family therapist, art therapist, independent social worker) and medical professionals under the Medical Practice Act (licensed: chiropractic physician, dentist or dental hygienist, oriental medicine, optometrist, osteopathic physician, physical therapist, physician or physician assistant, podiatrist, respiratory care practitioner, speech-language pathologist, lay midwife, nurse or licensed practical nurse, occupational therapist, respiratory care practitioner, speech-language pathologist or audiologist) and to include a clinical laboratory, managed care health plan and managed care organization.

Please see N.M. Stat. Section 7-9-93

For specific questions, contact:

NM Taxation & Revenue Department
1-866-285-2996 or 505-841-6200
Advocate Tax Service: 505-837-5505

The Department of Veterans Affairs Officially Launches New Occupational Series

In October 2020, Congress passed The Commander John Scott Hannon Veterans Mental Health Care Improvement Act, which was far-reaching legislation to address mental health care delivery issues in the Department of Veterans Affairs (VA). It includes provisions related to suicide prevention, integrating mental health care services and primary care, and updating of clinical practice guidelines.

The legislation directed the secretary of veterans affairs and the U.S. Office of Personnel Management to develop federal occupational series for licensed professional mental health counselors (LPMHCs) and marriage and family therapists (MFTs). On February 1, 2023, the VA formally launched the unique occupational series for mental health counselors (series #0183).

This recognition comes on the heels of Congress passing legislation in December to approve mental health counselors as Medicare providers, effective January 1, 2024. Recognition of counselors in the Medicare program and the formal launch of the new, unique occupational series for counselors are historic achievements for the profession. NBCC has fought for these advances for years on behalf of NCCs.

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We Did It! Medicare Reimbursement Now Law

Dec 23, 2022

For over a decade, the American Counseling Association and its partner organizations have advocated for the successful passage of the Mental Health Access Improvement Act (S. 828/H.R. 432). Although this bill has previously passed the U.S. House of Representatives and the U.S. Senate, it has never passed both at the same time. Today we can say that this monumental legislation has passed in both chambers and is on its way to President Biden to be signed into law.

The Mental Health Access Improvement Act will close the gap in federal law that prevents licensed professional counselors from being recognized as Medicare providers. The legislation is expected to give Medicare beneficiaries immediate access to more than 225,000 additional licensed mental health professionals and to help close the widening treatment gap.

We could not have done this on our own! First, we would like to thank our bill sponsors — Reps. Mike Thompson (D-CA-5) and John Katko (R-NY-24) and Sens. John Barrasso (R-WY) and Debbie Stabenow (D-MI) — for their leadership and support. We recognize that the passage of the Mental Health Access Improvement Act is the result of many compromises and steadfast hard work by our sponsors and their staff members. As such, we urge them to remain diligent in their efforts to further support this legislation on its journey to the White House and, ultimately, into law.

We would also like to thank our advocacy partners, especially the Medicare Mental Health Workforce Coalition, whose mission has been to strengthen Medicare beneficiaries’ access to mental and behavioral health care and to help build the provider workforce by forming relationships with congressional offices and galvanizing constituents.

To our ACA member advocates, it was your tireless advocacy work through the years — from marching up to Capitol Hill to sending messages to congressional leaders through our Take Action web page — that helped to push this bill over the finish line. This is truly a result of your labor and unwavering support.

Although we have achieved a hard-fought victory, we still have more work to do. The intent of the Mental Health Access Improvement Act is to increase access to mental health services for the Medicare population, and at ACA, we will make sure it does as it was intended by working hand in hand with the Centers for Medicaid & Medicare Services and with congressional leaders to create a more accessible pathway to behavioral health services for those in need.

https://www.counseling.org/news/updates/news-detail/2022/12/23/we-did-it!-medicare-reimbursement-now-law

 

Support Medicare Legislation

The American Counseling Association (ACA), American Mental Health Counselors Association (AMHCA), and the National Board for Certified Counselors (NBCC) are working in collaboration with the Medicare Mental Health Workforce Coalition to urge you to contact Congress today in support of passing the Mental Health Access Improvement Act (S. 828/H.R. 432).

Passing the Mental Health Access Improvement Act would:

  • Provide 225,000 mental health counselors (MHCs) and marriage and family therapists (MFTs) the option to enroll as Medicare providers.
  • Create a new stream of income for eligible professional counselors.
  • Increase access to care for our nation’s older Americans and the disabled population, and increase veterans’ provider choices for mental health care.

Where We Are Now:

  • The U.S. House version of the bill was passed by the House Ways & Means Committee.
    • The next step is for the full House of Representatives to vote on this bill.
  • The U.S. Senate version of the bill was included in the Senate Finance Committee’s draft package on improving the mental health workforce.
    • The Senate may vote on a final package prior to the close of the 2022 Congressional Session.

You Can Support the Profession:

Over the past decade, we, along with partner organizations, have advocated for the successful passage of this bill. The bill has passed in both the House and Senate previously; however, it has never happened simultaneously. This is the first congressional session in which the passage of this bill in both chambers of Congress is realistic. For bill passage to happen, we need you to advocate for this bill. There are two major steps you must take:

First, contact your Senate health staffer: Please locate your senator and draft a brief email to the staff contact informing them of:

  • The benefit that constituents in the state will have once the Mental Health Access Improvement Act passes.
  • The issues you and your clients face because of the outdated Medicare policy are clearly described.
    • Provide a copy of the .
    • Note that outdated language in current Medicare coverage legislation has resulted in many individuals who rely on Medicare experiencing a variety of challenges to getting the care they need, including:
      • Limited access to more affordable treatment options.
      • Lack of continuity of care when individuals in therapy either age into Medicare or become Medicare-eligible due to permanent disability.
      • Lack of access to 40% of behavioral health professionals with a master’s degree.
      • Barriers to better integration of physical and mental health care.
      • Lack of access to coordinated benefits for dual-eligible beneficiaries and veterans with Medicare because LPCs/MHCs and LMFTs are not recognized as Medicare providers.
      • Likelihood of foregoing or discontinuing therapy altogether for individuals living in rural areas with few or no available Medicare providers.

The Mental Health Access Improvement Act (S. 828/H.R. 432) would close the gap in federal law that prevents LPCs/MHCs and LMFTs from being recognized as Medicare providers. The legislation would give Medicare beneficiaries immediate access to more than 225,000 additional licensed mental health professionals and help close the widening treatment gap.

 

Second, respond to the action alerts: Each organization has its own organizational action alert. Please click on your organization of choice and respond to that alert.

 

Thank you for your support. If you have questions, please reach out:

 

House of Representatives Ways & Means Committee Approves Mental Health Access Improvement Act (H.R. 432)

Yesterday, Sept. 21, 2022, the House of Representatives Ways and Means Committee approved the Mental Health Access Improvement Act (H.R. 432) in a key bipartisan vote supporting Medicare coverage for the counseling profession. The bill passed as part of a legislative document, Committee Print 117-2.

In his opening remarks, Ways and Means Committee Chairman Richard Neal (D-MA) said, “With today’s hearing and markup, we are strengthening mental health care across the continuum. We will consider bills that range from expanding access to a variety of mental health counselors to improving transparency for patients searching for new providers or the health coverage that’s best for them. We also address important changes to the Medicare program, widening access to mental health care to this critical population.”

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Shadow Profiles From Therapist Directory Spark Startup Backlash

The therapist’s page on the CareDash website looked official: It had a profile photo, an office address and phone number, and a button to “check availability” and book an appointment.

But for potential patients who clicked on that button, it didn’t take them to set up time with the therapist, who had never signed up for CareDash. Instead, the patients were prompted to try therapy from BetterHelp or Talkspace Inc., one of the many startups launched in recent years to offer therapy online…

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Statement of the American Counseling Association on the School Shooting in Uvalde, Texas

May 25, 2022

Today, our nation has begun learning about yet another mass shooting, this time at an elementary school in Uvalde, Texas, where 19 children and two adults were shot dead by an 18-year-old high school student.

In the days, weeks, months, and years to come, professional counselors working in schools and communities will be called upon to help those who were impacted by what our country has witnessed all too many times. These victims were innocent children whose life potential will never be realized. They are gone. And sadly, we know that the impact on those who were part of their life orbit will also face challenges.

While we expect to hear a renewed debate about the access people have to guns in our country, there also needs to be discussion, discernment and action focused on societal issues that set the stage for these tragic events. Racism, classism, oppression, and the lack of mental health resources are just some pieces of a puzzle that has led to more than 200 mass shootings in the United States since the start of 2022, according to the Gun Violence Archive.

“I’m tired of the rhetoric passed on by political figures who won’t stand up against this violence,” ACA President S. Kent Butler said following the shooting news. “I sent my child to school today, happy about her excitement to go. Now I’m anxious about sending her tomorrow. We are all forever affected by this madness.”

As an association comprising 58,000 professional counselors, we know that the platitudes of “our hearts and prayers are with you” ring hollow to those who were looking forward to summer vacation but now must bury their elementary school-age children. Compassion for others and spiritual strength are shared with the best of intentions. However, we also encourage communities and public policy officials to find the internal fortitude that supports and implements what is needed to prevent, rather than always respond to, events that have a lifelong and tragic impact.

ACA provides resources to educate counselors and stay vigilant during these horrific times on our website Gun Violence Trauma Resources. Resources for counselors and the public to help address all the ripple effects trauma has on our collective well-being when violence like this occurs can be found at Resources for Counselors and Clients.”

New Mexico Crisis And Access Line 1-855-NMCRISIS (662-7474)
If you or a loved one is experiencing any kind of emotional crisis, mental health, or substance use concern, you can find help 24/7 by calling the New Mexico Crisis and Access Line or Peer-to-Peer Warmline.