[Enews] Legislative "Wrap-Up" with attachments

[NAMI-NYS Enews]

With attachments that didn't go through the first time.
 

 
NAMI-NYS
Memo
 
To:       ALL BOARDS MEMBERS AND AFFILIATES
From:  Muriel Shepherd, Chair
Marge Robinson, Co-Chair     
Government Relations Committee
 Sherry Grenz, President
                           
Date: June 29, 2007
Re:      State and Federal Legislation Information
STATE BUDGET
States are finding a fiscal surprise-cash surpluses! New York's $1.3
billion surplus ranks 3rd in the nation. Higher tax collections -
corporate tax revenues alone were 11% higher than estimated - and
booming local economies were the main reasons for additional revenue.
There has also been some relief in Medicaid spending, which fell from an
11% annual growth rate to closer to 7% in the past few weeks.
EARLY BUDGET TALKS
Governor Spitzer announced that he will begin negotiations over next
year's budget on November 2 -- earlier than what traditionally happens -
to allow more public talks and minimize the last minute horse trading
that has hampered the process in the past. He is also proposing new ways
to measure state spending, such as calculating separate budgets for all
capital expenditures and local government assistance (The latter makes
up the bulk of state spending.). This would enable better long-term
planning and short circuit the budget legerdemain that has been used to
hide the true costs of some programs.
Some experts say this will do little good because many key revenue
projections are not available until January and any budget constructed
before January would already be out-of-date. Some have argued that
moving the budget deadline from April to July 1st may be useful. For
NAMI-NYS, this possibility means that we need to go to on this work
earlier, meeting with the Office of Mental Health as soon as possible
with the Division of Budget in September. In the past, we have tried to
meet with the Legislature's budget people in December, but they have
stated firmly that they will not meet until the Budget comes out, which
is required by law to be in January.
About his first budget, Governor Spitzer said he achieved all of the
budget priorities he outlined last January.  This includes:
 
*                                  Reduction of the Medicaid spending
growth rate
*                                  $1.3 billion in new property tax
relief
*                                  Establishment of a new school
financing formula that disburses state dollars based on need rather than
clout, although clout still mattered as Long Island senators managed to
get extra financing for schools in affluent districts. 
*                                  Expansion of state's children's
health insurance program, Child Health Plus, by making most of the
state's 400,000 uninsured children eligible for it.  Families with
incomes up to 400% of the federal poverty level -- $82,600 -- will
qualify and pay a monthly premium of up to $15 per child depending on
income and family size.
According to a New York Times editorial, Governor Spitzer made some
compromises but, in exchange, won by making some important and
fundamental changes in the way the state operates school and health care
financing.  He also: 
*                                          Provided middle class tax
cuts
*                                          Closed some business tax
loopholes that will result in some savings that can be utilized to lower
overall business taxes
*                                          Implemented a new
whistleblower statute that will help curb Medicaid fraud
*                                          Funded embryonic stem cell
research
Governor Spitzer also noted that his budget was a step toward fiscal
restraint.  The general fund -- considered the State's operating fund --
rose 4.1% compared with 11% in the Pataki administration.  However, the
budget is considered one of the most expensive in decades.  At nearly
$121 billion, it increased state spending by nearly three times the rate
of inflation.
Following were the highlights of the 2007 state mental health budget:
Housing
$9.1 million for 1,000 additional supported housing beds effective
October 2007. $200 million for 1,000 SRO efficiency apartments.
Continued support for New York/New York III with an additional 625
housing slots. $6.3 million for a stipend increase for more than 10,000
supported housing beds. $600,000 in additional funding for non-personnel
service costs of supported housing upstate and on Long Island.
 
Also, $2.5 million was allocated for "Nursing Facilities Transitions and
Diversion Waiver Housing Subsidies," meant to keep people with
disabilities out of nursing homes. It's uncertain how helpful this will
be to people with serious mental illness.
 
Violent Sexual Predators
About $60 million total ($33 million for OMH) for civil confinement of
VSPs in state psychiatric hospitals (acknowledged cost: $225,000 per
year per predator). Facilities where they'll be confined: Central New
York Psychiatric Center in Marcy, Oneida County; Kirby Forensic
Psychiatric Center in New York City; Manhattan Psychiatric Center;
Mid-Hudson Forensic Psychiatric Center in New Hampton, Orange County,
and St. Lawrence Psychiatric Center in Ogdensburg.
 
Medicaid
$13.2 million to keep antidepressants exempt from Preferred Drug Program
formulary. The Medicaid Part D wraparound for dual eligibles was not
extended.
 
Community Services
$25.5 million for the second year of a three-year COLA. $500,000 for an
emergency fund for community providers in the areas of building repair
and transportation.
 
$850,000 to help parents with psychiatric disabilities, up to $350,000
of which will go to legal services through the Commission on Quality of
Care and Advocacy for Persons with Disabilities.
 
Research
$900,000: $400,000 for five positions at the NYS Psychiatric Institute
to support the Magnetic Resonance Imaging Facility and $500,000 for five
research scientist positions at the Nathan Kline Institute.
 
Centers of Excellence in Cultural and Linguistic Competence 
$2 million to develop programs at Psychiatric Institute and Nathan Kline
Institute to develop best practices in the delivery of culturally and
linguistically competent mental health services.
 
Enhanced Services for State Prisoners
In anticipation of the settlement reached between the state and
Disability Advocates, et. al, on the solitary confinement of persons
with a serious mental illness: $2 million to phase in enhanced services
this year; $6 million next year,
 
Employment
$574,000 in full annual funding for more supported employment slots.
 
Suicide Prevention for Young Latina and Elderly Asian Women
$1 million.
 
Continued funding of state hospital beds
According to the OMH count: 4,030 adult beds, 526 children and youth
beds and 695 forensic beds. "Rightsizing" intention statement was in the
Governor's budget.
 
Legal Services for low income New Yorkers
$36 million.
 
STATE LEGISLATION
Passed
 The bill to "boot the SHU" by prohibiting the solitary confinement of
state prisoners with mental illness in "Special Housing Units
(S.333A/A487QA) was still in intensive negotiations with the Governor's
office as of last week. The Governor had threatened to veto the bill,
pledging instead to implement a legal settlement that addresses several
SHU-related issues but falls short of "banning the box."  At a press
conference during that time NAMI-NYS Forensic Project Coordinator
Deborah Faust-Ashline said we would continue to fight for the SHU bill
because, "we can't condone torture with counseling." See the enclosed
Memo in Support. 
 
 After the bill's sponsors, Assemblyman Jeffrion Aubry and Senator
Thomas Nozzilio, and its advocates refused to back down, however, talks
were commenced to come up with a bill that all sides could agree to.
Major concerns in the negotiations have been potential cost involved,
possible abuse of the ban on solitary confinement by people who are not
seriously mentally ill and prison safety. 
 
Although the Legislature and the Governor hadn't yet come to a final
agreement, the Legislature passed a compromise bill to end solitary
confinement for psychiatrically disabled prisoners but hold down costs
by applying the law only to the sickest of inmates. The Legislature did
so because time was running out for the legislative session and it had
to act. The bill provides for inmates with serious mental illness to go
to residential mental health treatment centers within prisons instead of
being placed in solitary confinement. Corrections officers would receive
training in working with inmates who have psychiatric disabilities.
Also, the Commission on Quality of Care and Advocacy for Persons with
Disabilities would be given monitoring authority.
 
Currently, SHU sentences in New York State average three years. In
Canada, punitive confinement is limited to a week. In England and Wales,
a prison system the size of New York's, about 50 inmates are doing such
time, compared to more than 4,000 in New York State. 
NAMI-NYS fully supports the call for Governor Spitzer to sign the bill.
As a member of the Mental Health Alternatives to Solitary Confinement
(MHASC) coalition, we are working closely with MHASC for the bill's
passage. Please participate in this campaign! You will be notified of
upcoming events shortly.
 
NOTE:  There is some talk that the Legislature may return to Albany in
July as there are several unresolved issues, not only in mental health
but across the board. If that happens the Legislature may even pass
another version of the SHU bill based on the agreement it is still
negotiating with the Governor. Whether the current bill or another
version is finally enacted, it will be due to the continuous pressure
put on the Governor to sign a bill banning the box for persons with
severe mental illness. Our advocacy is major reason why these
negotiations are taking place. We must continue to advocate forcefully.
Never have we been so close to ending this barbaric practice. If you can
do nothing else, please call the Governor's office and tell him to pass
this bill -- 518-474-8390.
 
Jonathan's Law: This law, which was passed by the Legislature and signed
by the Governor on May 5th, has been criticized by provider groups for
various imperfections. Concerns were raised that it might backfire and
discourage whistleblowers. Its intent, however, is undeniable, which is
why NAMI-NYS supported it. Jonathan's Law provides for the notification
of parents and guardians and the release of records regarding the
maltreatment of their disabled loved ones. It requires the establishment
of uniform reporting procedures and procedures to investigate the
complaints of parents and legal guardians, as well as the complaints of
the patients themselves. It also provides for some basic steps to be
taken to protect disabled children and prevent abuse, such as background
checks and minimal standards in education and training.  It provides a
means to reach greater accountability through the creation of a task
force on mental hygiene records and assigns responsibility to the
Commission on Quality of Care and Advocacy for Persons with Disabilities
and the Commissioners of Mental Health and Office of Mental Retardation
and Developmental Disabilities to carry out the tasks it requires,
including the creation of action plans to insure that abuse and neglect
won't happen again.
 
Recently the Senate passed an amendment adding a "look back" period to
the law, allowing parents to access records and   reports of abuse their
children may have suffered while in the care of state-run facilities for
the mentally disabled going back to January l, 2003. The Assembly has
yet to act on it.
   The Rivera /Morahan bill calling for a study of underserved
populations - A06828 and S4436 --passed the Assembly on June 5th and the
Senate on June 6th and awaits the Governor's signature. The bill directs
the Commissioner of Mental Health to study, evaluate and report the
unmet needs of traditionally underserved populations and to make
recommendations on how to better serve them. It directs OMH to report to
the Governor and the Legislature by October 1, 2008. NAMI endorsed and
supported the bill, knowing there is a significant problem that must be
fixed. One group cannot be served while others are neglected. The actual
nature and extent of this problem - group by group - must be known.
 
The Rivera/Morahan Waiting List bill - A3864-a and S5568 - which directs
OMH to create a statewide waiting list for adults who are seeking
community mental health housing has now passed both houses and awaits
the Governor's signature. A similar bill was passed last year and vetoed
by Governor Pataki. This year, it could meet a similar fate because it
is not supported by OMH, which has expressed concerns about state
liability if it doesn't provide such housing, concerns that the list
would be difficult to maintain, and a concern that keeping such a list
would be contrary to the goal of enabling consumers to recover and
rejoin the mainstream. NAMI-NYS supports the bill as a realistic way to
determine the actual need for housing, including the need of consumers
who are being housed by aging parents.
 
 The Presumptive Eligibility Bill (A8356/S5875) was passed by both the
Assembly and Senate to allow individuals in the state's jails and
prisons immediate access on their release to Medicaid so they can secure
medications and services promptly. Their Medicaid is suspended when they
land in prisons and to regain it on release they have had to go through
an application process that can take several months, during which time
they have no access to medications and services. Call the Governor's
office to indicate support for this bill -- 518-474-8390 -- which is so
important for those with severe mental illnesses.
 
Unfinished Business
 
 A bill to expand Timothy's Law to Family Health Plus and Child Health
Plus would have provided full mental health and substance abuse parity
to the two state public health insurance programs. Each of these
programs already provides coverage for inpatient and outpatient mental
health and alcohol and substance abuse services, but the equity and
comparability provisions of Timothy's Law do not presently apply to
them.
 
Introduced by Assemblyman Paul Tonko and Richard Gottfried, Assembly
Health Chair, with 83 sponsors, A8617 was passed on June 11th but then
stalled in the Senate. 
 
According to Assemblyman Tonko, the bill is the next step toward full
parity in New York State that would "rightly insure non-discrimination
and fairness in mental health and related substance abuse
treatment for over one million children and families."
 
Assemblyman Gottfried said, "The failure to provide mental health and
substance abuse parity to those who rely on Child Health Pius and Family
Health Plus is a relic leftover from an era we need to end. It
represents an era when society did not recognize the importance of
treating mental illness." 
 
A bill directing the Department of Health to establish a schedule of
reasonable fees for the use of air conditioners in resident rooms of
adult homes was passed by the Assembly. The Senate did nothing.
Assemblyman James Brennan, the sponsor, said: "Air conditioning is not a
luxury; it is a medical necessity for many people because of their
health conditions. Some adult home operators charge people over 60% of
their monthly income to cool a small room." 
 
A bill to provide for the appointment of a temporary operator of adult
care facilities, improve the oversight of adult homes by the Department
of Health, and give residents the right to be fully informed and make
their own decisions about their health, treatment options and
medications, (A8701 (Gottfried)/S5155(Golden), never got out of the
Senate Health Committee and the Assembly Social Services Committee.
Sponsor Gottfried said, "The Assembly has repeatedly passed bills to
protect adult home residents. Governor Spitzer has submitted a good
strong adult home reform bill. The Legislature should pass it into law.
The vulnerable people who live in adult homes are often the victims of a
number of abusing operators."
 
 
FEDERAL LEGISLATION
 
The Kennedy Parity bills: Both Senator Edward Kennedy and Congressman
Patrick Kennedy have proposed sweeping new federal parity laws.
Unfortunately, there are problems with both proposals in that they could
pre-empt and weaken key provisions of Timothy's Law.
 
The proposal most likely to be passed is also the one that is most
dangerous to Timothy's Law, the one by Senator Kennedy.  He is now
prepared to offer a manager's amendment as a substitute for the bill
text (Mental Health Parity Act of 2007) which attempts to address
concerns about preemption and severability of state parity laws,
according to the Bazelon Mental Health Law Center. According to several
analysts, however, even this amendment won't be enough to fully protect
Timothy's Law. See the enclosed Memo of Concern. Meanwhile, the bill's
sponsors are prepared to move forward but will do so only with
assurances that floor amendments that further change the bill will be
opposed.
 
NAMI-NYS URGES YOU TO CONTACT SENATORS KENNEDY, CLINTON AND SCHUMER TO
TELL THEM TO FIRST MAKE SURE THAT THE PROPOSED LAW WILL DO NO HARM TO
TIMOTHY'S LAW AND THAT IT CLEARLY ADDRESSES THE CONCERNS OUTLINED BY THE
TIMOTHY'S LAW CAMPAIGN.
 
A special toll-free Parity Hotline has been set up:  1-866-parity4
(1-866-727-4894) which reaches the Capitol switchboard, which can
connect you to these Senators. Please use it to get our message out.
 
In the House Rep. Patrick Kennedy (D-RI) and Jim Ramstad (R-MN) are
urging quick action to pass the House bill (HR1424--(The Paul Wellstone
Mental Health and Addition Equity Act) so as to give the chamber
leverage in negotiations with the Senate. Both bills have major
bi-partisan support with 268 co-sponsors for the House bill and 52 in
the Senate.
 
 
FEDERAL BUDGET MATTERS
 
SCHIP is up for re-authorization -- known as Child Health Plus in New
York State. Estimates are that $50 billion is needed nationally to fully
fund children's health insurance over the next five years, including
Governor Spitzer's proposed expansion of Child Health Plus to cover
children up to 400% of the federal poverty guidelines.
 
Senator Schumer, a member of the Senate Finance Committee, is generally
supportive, but under the "pay go" rules in the Senate any expansion
must be paid for with offsets. The offsets being considered are an
increase in the federal tobacco tax and taking back the "windfall"
profits to insurers through the Medicare Advantage plans. Senators
Clinton and Schumer are getting thousands of calls from the insurance
and tobacco lobbies.
 
President Bush has said that expanding SCHIP would result in more
"incremental  steps down the path to government-run health care for
every American, a move that is wrong for our nation."  He proposes
increasing funds for SCHIP by $4.5 billion over five years and that
federal funds be reduced for states that have expanded eligibility to
children in families with annual incomes more than 200% of the federal
poverty level.
 
TELL YOUR SENATORS AND REPRESENTATIVES TO SUPPORT FULL FUNDING OF $50
BILLION FOR SCHIP LEGISLATION by e-mail or calling 1-800-828-0498.
 
Funding for two housing proposals targeting people with mental
illness--One cuts the HUD Section 811 program that develops
community-based housing for people with mental illness and other
disabilities. Section 811 is a critical source of funding for new units
of supportive housing targeted to non-elderly people with disabilities,
including mental illness.  NAMI urges Congress to support funding for
this important affordable housing resource.
 
A second proposal boosts funding for homeless programs under the
McKinney-Vento Homeless Assistance Act, including programs targeted to
people with mental illness that have experienced chronic homelessness.
 
CONTACT YOUR MEMBERS OF CONGRESS TODAY TO URGE THEM TO OPPOSE CUTS TO
SECTION 811 AND INCREASE FUNDING FOR McKINNEY-VENTO HOMELESS PROGRAMS
 
 
 
 
MENTAL HEALTH FUNDING FOR FISCAL YEAR 2008
 
The House and Senate Appropriations Committees have rejected cuts
proposed in the President's fiscal year 2008 budget for vital community
based programs.
 
*The Center for Mental Health Services (CMHS) within SAMSHA was facing a
huge $76 million cut in its Program of Regional and National
Significance (PRNS) which funds programs that move the field forward,
build new service capacity, and translate research into practice at the
community level. Both chambers increased the PRNS budget over last
year's.  The Senate Committee provided  a new $15 to assist local
communities in coordinating and improving the integration of
behavioral/mental and physical health services.
 
*Two programs the Administration slated for elimination: The consumer
support technical assistance centers and the seniors mental health
program received $2 million and $5 million respectively.
 
*The jail diversion program -- $6.9 million -- and the State Incentive
Grants for Transformation -- $20 million - were both restored to 2007
levels.
 
*Core CMHS programs continued at FY 2007 levels were children's mental
health services at $104 million and Protection and Advocacy at $54
million
.
Receiving increases over last year's level were:
*School violence prevention was level funded at $93 million in the
Senate and increased to $96 million in the House
*Suicide prevention--$37 million in the House and $40 million in the
Senate
*Post traumatic stress disorder--$32 million in the House and $35
million in the Senate
*Mental health block grant--$13 million increase in the House
*Protection and advocacy program--$5 million increase in the Senate
*Mentally Ill Offender Treatment and Crime Reduction Act funding was
doubled to $10 million.  It provides grants to states and localities to
develop collaborative programs for offenders with mental illnesses,
including pre-and post-booking jail diversion, law enforcement training,
mental health courts and other court-based and re-entry services.
 
These figures come to us from the Bazelon Mental Health Law Center
 
UNFINISHED BUSINESS
 
Hopefully Congress will pass these bills in July before their August
recess. In September members are in a rush and Congress will be making
tough choices. Numbers count in efforts to stop the effect of the threat
of Bush's vetoes. To overturn a veto 260 House votes and 67 Senate votes
are needed. CONTACT YOUR SENATORS AND CONGRESSPEOPLE TO URGE THEM TO
VOTE  FOR THESE BILLS. Try to see your Congresspeople while they are on
their July recess.
 
The Mental Health in Schools Act, S1332, is a bipartisan act introduced
by Senators Kennedy, Domenici and Enzi to increase funding for the Safe
Schools-Healthy Students program to enable states to expand school-based
mental health services for children K thru l2.  It allows for a
flexible, state based approach to creating  a comprehensive mental
health school program and promotes formal collaboration between
families, schools welfare agencies and substance abuse and mental health
systems.
 
It explicitly provides for training of school personnel in mental
illness identification, referrals and intervention strategies. It seeks
to promote a school-wide positive environment for students. S1332 has
been referred to the Senate, Health, Education, Labor and Pensions
Committee.
 
Child Adolescent Mental Health Resilience Act of 2007, S.1560,
Introduced by Senators Christopher Dodd, Domenici and Kennedy addresses
the discrepancy in adolescent mental health care and ensures that all
children have access to necessary mental health services. Senator Dodd
calls it a "strong first step toward addressing our children's mental
health so they can focus on succeeding in schools and achieving their
goals."
 
It authorizes $205 million in grant opportunities for states to improve
the quality and availability of their adolescent mental health services.
It exhorts states to create a unified, interagency approach that
reinforces access to care. S. 1560 awaits action by the Senate Health,
Education, Labor and Pensions Committee.
 
Enclosures:
1)      SHU Bill Memo of Support
2)      507 Plan Letter
3)      Memo of Concern about the Kennedy Parity Bill
4)      HIPPA and Confidentiality Q&A
 
 
 
 
 
 
 
 
 
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