Greater Washington Society for Clinical Social Work
Legislative Alerts

To find out who your legislator is call 202-224-3121.


Greater Washington Society for Clinical Social Work
Legislative Alerts

To find out who your legislator is call 202-224-3121.


The Maryland Board of Social Work Examiner Funds

Recently there’s been a buzz about some excess funds at the Maryland Board of Social Work Examiners (BSWE) being diverted from a planned refund to Maryland social workers. The money – something like $450,000 – had come from the pockets of Maryland social workers paying licensing fees. What we heard was that instead of the refund, the Governor would be taking the money to pay for a new special Department of Human Resources (DHR) project to develop what the Governor’s bill (HR148) referred to as a “social worker training academy” - presumably at the University of Maryland School of Social Work where much DHR training takes place.

Needless to say, we thought we should check this out! Here’s what we learned.

Why the fees went up

Several years ago, BSWE raised its bi-annual licensing fees significantly. (Different categories of social workers owe different amounts; an LCSW-C would have jumped from $125 due in 2001 to $200 in 2003.)

There were two reasons for this large increase, the first increase in tenyears. First, the BSWE is self-funded, and the only way to cover expenses and staff salaries is to match costs with licensing fee revenue. There had been two years of shortfall, some increase was needed.
The second reason was that the State had decided to develop and install a new electronic system to make on-line payments possible, with each agency to foot the cost of a pro rata portion of this installation. BSWE was asked to budget over a period of years for a one-time charge of up to an additional $800,000.

What happened next?

A State personnel freeze resulted in some reduction in the staff expenses for BSWE. More dramatically, however, the State decided that the Department of Health and Mental Hygiene should absorb the entire cost of the new electronic payment system – thus freeing up several hundred thousand dollars at BSWE.

What happened to our refund?

There was never going to be a refund! Maryland State rules are clear that when there is excess money in an agency’s account at the end of the fiscal year, 25% can be kept by the agency for future needs, and the rest is to go to the State General Fund. Any talk of giving social workers their money back came from a hopeful misunderstanding of the rules; such talk did not originate at BSWE.

Here’s the good news: social work licensing fees at every level will be reduced by 30% starting with the next cycle (2005). Developing an effective fee structure is complex because of the unpredictable comings and goings of licensees (moving out of the state, retiring, beginning practice, etc). BSWE is hoping that the new fee structure will produce the revenue needed without overburdening its social workers licensees.

And the Academy?

Governor Erlich announced, through his proposed budget proposal, that the BSWE excess funds be designated for what appears to be a social work purpose. Perhaps we should be pleased, since as a general rule, excess funds are simply absorbed into the State’s General Fund at the end of the fiscal year, to be used without regard to their source. However, in large measure because the announcement came as such a surprise to us all (including BSWE), questions are being raised.

As of this writing, we know very little about the proposed Academy for Social Work Training beyond its name and the possibility that federal matching funds might be available. What has not happened is the kind of thorough fiscal and health policy review we ordinarily expect of our government as it makes budgetary decisions – an open process beginning with public discussion and hearings, a fiscal and health policy review, and a thoughtful determination of needs. Perhaps our concerns are ill-founded, but is it possible that the proposed training may not be for social workers, but rather a short-cut for certifying others to do “social work” for less pay? And in any case, is a DHR training academy what social workers would consider our most critical need in this time of budgetary distress?

These and other issues should have been discussed before an announcement was made. “Transparency” needs to be more just than a buzz-word: when an executive decision seems to bypass the established protective checks and balances, we may be left with confusion, feeling perhaps like victims of a political shell game.

And ultimately, what about the breach of trust?

Let us agree that the State does have the authority to take and spend these moneys at will. Still, does it not amount to a breach of trust when a single specific class of workers is asked to pay large fees ostensibly for covering costs for the monitoring of their profession, and then that money is taken from their Board and proposed to be used to fund a program for a statewide need? Social work licensees were significantly overcharged: are we not looking at the proverbial “slippery slope”? What a dangerous precedent to permit an overcharge to be arbitrarily made and then, in effect, confiscated and treated as a windfall by the executive branch!

By the time you read this, it is likely that decisions will have been made in Annapolis – perhaps in support of the Governor’s proposal, or perhaps in favor of more open consideration of the proposed Academy and, hopefully, how best to handle the BSWE fund. Meanwhile, your Legislative Council of Social Work Organizations (with representatives from GWSCSW, NASW-DC Metro, and Maryland SCSW) and lobbyist Alice Neily will be addressing our questions and concerns to DHR and to legislators.

We look forward to public discussion, and will keep members informed via the listserve and our website (http://www.gwscsw.org). If it appears that our members can influence the ultimate results, we will put that on the listserve, too.

Prepared by Margot Aronson, 2/11/05

UPDATE:
On March 1, 2005, the following letter was sent by the Maryland Legislative Council of Social Work Organizations to House Appropriations Chairman Norman H Conway, Senator Gloria G. Lawlah; Delegate John Bohanan Jr.; Delegate Salima Siler Marriot; Delegate Melony Ghee Griffith; and Delegate Tiger Davis. Note that the “social worker training academy” is now described as a Social Welfare Training Academy.

 

MD LEGISLATIVE COUNCIL OF SOCIAL WORK ORGANIZATIONS
Advocating for Social Workers and Their Clients in Maryland and the District of Columbia

Maryland Society for Clinical Social Work
Greater Washington Society for Clinical Social Work
National Association of Social Workers Metro Washington


Re: HB 148, Governor’s Budget Reconciliation Bill
Health Occupations Boards Budget
D H R Operating Budget

Dear Chairman Conway and Committee Members:

As representatives of three Maryland professional social worker organizations, our Council is concerned about the Governor’s allocation of social Worker licensure funds to finance the DHR budget.

We applaud the work and recommendations of the Family Welfare Research and Training Group Task Force, but take issue with the governor’s plan to fund a “social welfare training academy” with licensure fees paid in good faith for legislatively specified purposes by social workers across the state.

As licensed social workers, we understand that our fees are legislated collected for us in regulating our own profession by ensuring safe practices by licensees. Section 10 (pp. 15-16) would divert $425,000 from our fund (which is required to be self-supporting) to cover a component of the executive branch (DHR), apparently inadequately funded by the Executive through normal channels. Section 10 reads:
“AND BE IT FURTHER ENACTED that, notwithstanding the provisions of 19-206 of the Health Occupations Article or any other provision of law, for fiscal year 2006, the State Board of Social Work Examiners Fund may be used to the costs of the social worker training academy within the Department of Human Resources.”.

This action sets a dangerous precedent. We believe that the following concerns should be addressed and hope that you will consider them in your deliberations.
  1. This use of licensee’s monies is unfair to licensed social workers who are not only paying for their licenses but also paying a separate surcharge by the Executive branch to underwrite the functions of the Health Care Cost Commission. How many times must a social worker pay for the functions of the Executive Branch?
     
  2. This action sets a dangerous and inappropriate precedent by using funds, which were paid in good faith by the licensees for oversight of the licensees, for another purpose, and without any consideration for the professionals which the Board is established and funded to regulate.
     
  3. Is it not a written policy of the Executive Branch’s Boards and Commissions that each board is to maintain funds in its account which are to be rolled over to the next cycle in order to ensure solvency and to be prepared for unexpected expenditures such as those which were recently required by the podiatry board’s disciplinary litigation?
     
  4. Would the $425,000, originally paid by licensed social workers, be utilized to train unlicensed DHR employees to do social work jobs? If so, this inappropriate and in direct contradiction to the intent of the legislature when it required that boards be formed and self-funded in order to protect the public.
     
  5. Would not the funds for this effort be better found in the DHR department or the University of Maryland by which the “training” is rumored to be provided? How would this “academy” be funded in subsequent years? Would it only exist for FY2006?
     
  6. If the Board of Social Work Examiners has “extra” funds, should there not be a query as to whether or how the Board may need to use these funds to further its legislative mandate? Apparently, this proposal was made with no prior consultation with the Board of Social Work Examiners or its Director. We also understand that the Board has already voted to reduce future licensure fees for the next cycle, and, therefore, would not have a surplus in future years.
     
  7. Apparently, this proposal was made with no prior consultation with the Board of Social Work Examiners or its Director. We also understand that the Board has already voted to reduce future licensure fees for the next cycle, and, therefore, would not have a surplus in future years.

It is difficult to support a measure, however well-intended, that is proposed in such a non-transparent fashion. We hope you will act to remove Section 10 from the Budget Reconciliation Act.

Betsy F. Amey, LCSW-C
Chair, Maryland Legislative Council of Social Work Organizations

 
 

Home

Advertising  |  Articles- Ethics | Articles - Other | Benefits | Board
Book Corner | Calendar | Committees | Community Outreach | CSWF | Events  
History
 | Insurance | Jobs | Join | Legislative |
Licensing | Mail Serve | MentoringMembers Only | Membership
  Membership CommitteeOut & About | Prepaid Legal Plan | Staff | Study Groups |Referrals | Websites 

Copyright © 1999-2008 Greater Washington Society for Clinical Social Work