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LEGISLATIVE – FEDERAL
by Richard Yanes


After a break for the summer and the Democratic and Republican conventions, the House and Senate will return to the District in early September for a month; then they’ll recess to campaign throughout October.

Decisions are being made on certain funding priorities like homeland security and the military, most spending bills will not get addressed until the “lame duck” session following the elections. In fact, veteran Congress watchers predict that this year will be a repeat of the last two, with no funding for the government’s new fiscal year (which begins October 1st) until the new Congress convenes in January.

Increasingly, divisiveness and conflict permeate virtually every aspect of the Congress, making it exceedingly difficult to reach agreement on matters both great and small.

Mental Health Parity

The 1996 legislation authorizing limited parity for mental health insurance coverage comes to an end in October. Knowing the House has never been strongly supportive of its parity bill (HR 953), the Clinical Social Work Federation and other mental health organizations have banked on the Senate’s apparent commitment to the issue as the way to move the legislation to the President’s desk. The Senate bill (S 486) now has 68 cosponsors, more than enough for passage.

Senate Majority Leader Frist Frist has proposed legislation (which the Senate Democrats have accepted) that will reauthorize the 1996 legislation and require mental health parity when the employer offers mental health services. As part of the agreement, Frist will allow a floor vote, limit debate to one hour, and limit amendments to only one.

Unfortunately that single amendment is likely to be a cap on premiums and allows business to opt out of participation if they anticipate their premiums will increase by one percent or more - a prospective view. The Federation and most mental health organizations support a retrospective view, believing that the opt-out provision should not apply until a business can show that its premiums have actually increased by one percent or more (a retrospective view).

Patient’s Bill of Rights, Medicare Reform, and Privacy Rule

The Patient’s Bill of Rights (HR 597), Medicare Reform (S 646 / HR 1314), and the Privacy Rule (HR 1709) have not moved out of their respective House or Senate policy committees.

Suicide Prevention Bill Passes Senate

On a voice vote following emotional and often tear-laden statements by supporting Senators, the Senate passed S. 2634 authored by Gordon Smith (R-OR). The bill is named after Senator Smith’s son, Garrett, who died less than a year ago, one day short of his 22nd birthday. Garrett suffered from dyslexia and was bipolar. Among the Senators who rose to support Smith by admitting they, too, had family members who had taken their own life were Minority Whip Harry Reid (D-NV) and Don Nickles (R-OK).

The bill would establish grants for suicide intervention efforts directed at youth and to assist campus suicide prevention programs and develop technical assistance centers for local and state program providers. At this time, the House’s intention regarding the legislation is unknown.

Funding The Government

Budget negotiations remain at a stand-still due to a demand by four Republican Senators that tax cuts and mandated spending carry with them funding offsets, a “pay-as-you-go” approach, so as to not increase the deficit. House Republicans strongly oppose the concept. Returning from its 4th of July holiday break, the House scheduled action on spending bills this month and was able to pass one of the 13 required appropriation bills. The Senate also passed one appropriation bill but has yet to develop any timetable for action on the remaining 12.

The only good news thus far appears in the House and Senate bills, both of which relate to defense spending. A preliminary conference report contains language directing the Department of Defense to undertake a review of the mental health services offered to combat personnel in the Afghanistan and Iraq theaters. The review is to determine the adequacy of the services offered to both active duty and reserve personnel and their dependents. The language requires the Department to assess the adequacy of the services offered, identify obstacles to service delivery including stigma, determine the degree of implementation of existing service requirements, develop a plan for improvements, and report back to the Congress in one year on the steps taken to implement the plan.

Richard Yanes is Executive Director of the Clinical Social Work Federation (CSWF)

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