Policy Update September 2026

Key Developments

• The Department of Labor narrowed its enforcement focus for mental health parity requirements to specified categories.
• CMS added substance use disorder and tobacco-cessation tracks to the voluntary ACCESS Model, beginning April 1, 2027.
• An opportunity to provide comment to the FDA on potential future therapeutic use of psychedelic drugs is open through October 5.
• ANA released a new position statement on nurse fatigue.

Federal Policy Update

FDA Seeks Input on Potential Future Therapeutic Use of Psychedelic Drugs through October 5

• The FDA convened a multiagency public hearing on September 14 to obtain feedback on the potential future therapeutic use of drug products containing psychedelic substances in supervised and supportive settings.
• Share your perspective: Written comments can be submitted to the FDA via the Federal Register through 11:59pm ET on October 5, 2026.

Labor Department Refocuses Mental Health Parity Enforcement

• The Department of Labor’s Employee Benefits Security Administration issued bulletin announcing the department’s MHPAEA enforcement policy. It prioritizes three categories of nonquantitative treatment limitations (NQTLs are restrictions that limit the scope or duration of health plan benefits):
  • Separate treatment limitations, including exclusions
  • Medical-necessity standards and review process
  • Network admission standards and provider reimbursement methodologies.
• The accompanying compliance guidance identifies operational warning signs.

CMS Adds Substance Use Disorder and Tobacco Cessation Tracks to Medicare ACCESS Model

• CMS announced that the voluntary ACCESS Model will add substance use disorder and tobacco-cessation tracks on April 1, 2027. ACCESS is a 10-year Innovation Center model for people with Original Medicare.
• Participating organizations will be able to provide virtual substance use disorder and tobacco cessation care, health coaching, remote monitoring, and connected devices and wearables between regular visits.

HHS and SAMHSA Announce $460.4 Million in Mental Health Awards

• SAMHSA announced $77 million and HHS announced $383.4 million in awards spanning substance use prevention, treatment, and recovery; community mental health; 988, suicide prevention, and crisis services.

FDA Holds Public Meeting on the Public-Health Effects of Opioid Medications

• As part of a congressionally directed assessment, the FDA and the Reagan-Udall Foundation convened patients, caregivers, clinicians, researchers, drug developers, and federal partners to discuss the benefits, risks, conditions of use, and regulation of opioid medications for pain and addiction on September 9.

Practice Policy Update

ANA Updates Its Nurse-Fatigue Position

• ANA released a new position statement, Addressing Nurse Fatigue to Promote Health, Safety, and Well-Being for All, which characterizes fatigue prevention as a joint responsibility, shared by both employers and nurses.

State Policy Update

CMS Directs Rural Funding to Mental Health Access in 3 States

• $120 million to Indiana to support projects including improving maternal and infant mental health; increasing access to primary, mental health, and crisis response care; and growing the rural health workforce.
• $1.25 million for rural North Carolina school-based services, including new locations, telehealth, and mobile care for children in rural communities.
• $104 million across 167 Mississippi grants to support projects that include expanding access in rural communities to maternal and mental health services, modernizing aging technology, and expanding telehealth capabilities.

California Enacts Child-Safety Requirements for Companion Chatbots & Social Media

• California enacted SB 1119, known as Adam’s Law, which:
  • Requires protections around companion chatbots for children, including crisis protocols in the case of suicidal ideation, parental controls, and independent child safety audits and annual risk assessments.
  • Prohibits social media companies from providing addictive features such as autoplay and algorithmic feeds based on user history to users under the age of 16.
  • Expands the scope of child sexual exploitation to include any digitally altered or AI-generated matter.
  • Regulates the use of K-12 pupil data in AI systems.

Virginia Launches $4.8 Million Program to Pay Nursing Students for Clinical Work

• Virginia launched a $4.8 million Earn to Learn grant program intended to expand clinical training and paid employment opportunities for students over 2 years. The Virginia Nursing Workforce Center will fund partnerships between nursing schools and hospitals or other health care providers. Applications are due September 30, 2026.

International Policy Update

WHO to Review Cychlorphine and Spirochlorphine

• The World Health Organization Expert Committee on Drug Dependence will conduct critical reviews of synthetic opioids cychlorphine and spirochlorphine, as well as benzodiazepines desalkylgidazepam and  ethylbromazolam at the 49th Expert Committee on Drug Dependence meeting in October.
• Share your perspective: A public information session will be held on October 19. Individuals who wish to present information to the committee are invited to register and submit a written statement or request an oral presentation.

APNA Advocacy

Title VIII Nursing Workforce Reauthorization Act

• Signed onto the Nursing and Friends letter supporting passage of the Title VIII Nursing Workforce Reauthorization Act.

States Handling Access to Reciprocity for Employment Act

• Signed onto a Nursing Community Coalition letter to House leadership urging passage of the bipartisan States Handling Access to Reciprocity for Employment (SHARE) Act (S.1101/H.R.2332) this Congress.

New Director of National Institute of Nursing Research

• Signed onto a Nursing Community Coalition letter welcoming Dr. Courtney F. Aklin as the new Director of the National Institute of Nursing Research (NINR).

This summary was informed by human-guided AI tools. Readers are encouraged to review the linked sources for full information.