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LEGISLATION & ADVOCACY - MARYLAND
The MD-LCSWO (Maryland Legislative Council of Social Work Organizations) is the
coalition of GWSCSW and the Maryland Society, representing the interests of our
member Societies and of the more than 7000 licensed clinical social workers in
Maryland. Working with lobbyist Alice Neily, the Council advocates for
legislation and government policies promoting greater access to quality mental
health care and services to meet the needs of Maryland citizens.
This past year, we have focused on
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expansion of insurance coverage to Maryland’s uninsured and underinsured,
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regulation of insurers to clarify their responsibilities to their subscribers as well as to providers in and out-of-network
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inclusion of LCSW-Cs in certain specialized areas of practice.
In preparation for the coming
election, the Council has developed talking points and questions for the
candidates for the Maryland Assembly. We will share the responses we receive
from them on our listserve and website.
Meanwhile, we urge members to raise these issues whenever you have an
opportunity to speak to a candidate or staffer. The more that the candidates
hear constituents support these positions, the more likely they are to be
responsive when elected.
Expansion of coverage
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Efforts have been made to insure more Marylanders by allowing “Association Health Insurance Plans.” So far, proposals have allowed such plans to waive state-mandated benefits, such as mental health and substance abuse treatment, in order to make these plans “affordable.”
Maryland has taken a leadership role among states in attempting to provide its citizens with needed access to mental health and substance abuse care. We believe that waiving the state-mandated benefits would be a false economy, as there is compelling evidence that the availability of mental health and substance abuse treatment in health insurance plans does not increase costs to the insurer. Are you willing to work to support the protection of the state-mandated benefits and find alternative approaches to insuring more Marylanders?
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We have joined the Maryland “Health Care for All” Coalition, working to win all Marylanders access to quality, affordable health care. What are your ideas about what should be done to expand insurance coverage and/or health/mental health care services to those in our state who are either uninsured or underinsured?
Regulation of insurers
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LCSW-Cs find that many of their clients face a variety of problems of access, choice, and privacy in dealing with their mental health and substance use treatment needs. Meanwhile, insurers have lowered allowable fees to below the “reasonable and customary charges” established in 1990. We have supported legislation addressing these issues, including expansions of state regulation of insurance companies and managed behavioral health companies.
Will you be supportive of efforts to: a) expand the networks of highly qualified providers by allowing increased fees and/or reimbursement rates? b) expand coverage in the private sector to include those services currently offered mostly in the public system, such as inpatient rehabilitation, day hospital treatment, community behavioral rehabilitation, etc.? c) assure Marylanders of the privacy of their mental health and substance abuse treatment records?
LCSW-Cs as qualified evaluators of mental health
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Licensed Certified Social Worker-Clinical (LCSW-C) is the highest level of social work licensure in Maryland; the LCSW-C is licensed to “evaluate, diagnose, and treat mental disorders as defined in the Health General Article.” In addition, legal precedents establish that LCSW-Cs can qualify to serve as expert witnesses in matters pertaining to mental disorders.
Legislation has established pools of professionals on which judges can draw for certain evaluations. Specialized training will be required of all clinicians in this pool, whatever their discipline. In several cases, LCSW-Cs have been excluded from this legislation, thus limiting the pool of qualified professionals available to judges and, in turn, increasing the possibility of delays for those in need of evaluation.
Would you support efforts to include LCSW-Cs with the appropriate specialized training required by any other such clinician in the pool of mental health professionals available to a judge for a) evaluation of a juvenile’s competency to participate in legal proceedings? b) evaluation of Permanent Impairment due to mental disorder for purposes of Workers’ Compensation? c) participation, with a licensed physician, in verifying a certificate of competency or non-competency of a disabled person, to assign guardianship? d) evaluation of the competency of a patient to select a Health Care Agent through Advance Directives?
Evaluation and Treatment of Mental Retardation
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LCSW-Cs are licensed to evaluate, diagnose, and treat developmental disability and mental illness, but the wording of the Maryland law regarding Mental Retardation (ie, that Mental Retardation is not the same as Mental Illness) has led to confusion about whether LCSW-Cs are authorized to evaluate, diagnose, and treat mentally retarded individuals. Would you support efforts to include LCSW-Cs with the appropriate specialized training required by any other clinician in the pool of mental health professionals available to a judge for evaluation, diagnosis, and treatment of mentally retarded patients?
And the question the legislators-to-be most want to hear
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What are the most important concerns you might want us to address with you in the next four years?
Betsy Amey, LCSW-C, of the Maryland Society for Clinical Social Work, and
GWSCSW past president Margot Aronson, LCSW-C, are this year’s co-chairs of the
Legislative Council. Other Council participants are Nancy Cedar Wilson, LCSW-C (GWSCSW),
Marsha Carow, LCSW-C (Maryland), and Maggie Barris, LCSW-C (Maryland).
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