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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