Federal Mental
Health Parity Alert - 7/16/04
APA Practice Organization Action
Alert
x ACTION REQUIRED
DATE: July 16, 2004
TO: State Federal Advocacy Coordinators
FROM: Marilyn Richmond, Assistant Executive Director for Government
Relations American Psychological Association Practice Organization
CC: State Psychological Association Executive Directors, Practice Division
Federal Advocacy Coordinators, APAGS Coordinators and Russ Newman,
Executive Director
RE: Critical Period For Parity Advocacy Lays Ahead
As you know, Senator Judd Gregg (R-NH) recently agreed
to waive his Health Committee jurisdiction over mental health parity with
the understanding that he could offer one amendment to the bill (which we
must oppose -- see below). So Senator Domenici asked for unanimous consent
to bring parity directly to the Senate floor. The Democrats cleared the
way for him to do so, but unfortunately certain Republican senators placed
an anonymous hold on the bill. Both Senators Domenici and Kennedy continue
to explore ways to move parity forward, either on its own or as an
amendment to another bill. But, with Congress going on its summer recess
on July 23 the Senate probably won't consider parity legislation until
early September. We need to make the most of this break to reestablish our
momentum and ensure that the Senate rejects the Gregg amendment.
ACTION:
*** Request meetings with your Senators during the August recess ***
We need to make sure that there are enough votes to
defeat Senator Gregg's amendment. Since your Senators are likely to be
back in the state for much of the August recess (July 24 to September 3),
this is an ideal time to meet with them. But if your Senators are not
available please request a meeting with their staff. While many of you
have already had similar meetings earlier this year, please take this
opportunity to schedule a follow-up meeting to urge your Senators to vote
for the Domenici parity bill and against the Gregg amendment. Now that you
have more information on the substance of the Gregg amendment your
Senators will appreciate your dedication and follow through.
TARGETS:
All Senators.
PRIORITY TARGETS:
Senators Stevens (AK)+, Campbell (CO)+*, Chambliss (GA)*, Grassley (IA)*,
Craig (ID)+, Fitzgerald (IL)*, Lugar (IN)*, Brownback (KS)+, Roberts
(KS)*, McConnell (KY)+, Snowe (ME)*, Collins (ME)*, Coleman (MN)*, Bond
(MO)+, Cochran (MS)+*, Burns (MT)+*, DeWine (OH)+*, Smith (OR)*, Specter
(PA)+*, Chafee (RI)*, Graham (SC)*, Hutchison (TX)+, Bennett (UT)+*, Hatch
(UT)*, Warner (VA)*, Thomas (WY)*.
* indicates cosponsorship + indicates membership on
Appropriations Committee
BACKGROUND:
The Senate is likely to debate the Paul Wellstone Mental Health Parity Act
(S. 486) sponsored by Senators Pete Domenici (R-NM) and Edward Kennedy
(D-MA) when Congress comes back in session in early September. Our
sponsors will offer a substitute bill that closes all the same loopholes
as does S. 486 but allows employers to decide which mental health benefits
to cover, as does the 1996 law. Thus, with passage of the Domenici/Kennedy
Substitute, the Diagnostic and Statistical Manual would no longer be
mentioned in the bill and we will sweep away the disingenuous "jet lag
attack" that employers have used to cloud the debate.
Sen. Gregg will offer a cost exemption amendment (the
full text is attached). Such an amendment would exempt group health plans
from providing parity coverage for mental health care if they say their
health plan costs would increase by more than 1%. This would be a
devastating amendment because it allows employers to project
prospectively, unlike the current parity law that requires plans to
implement parity and, only after real experience, retrospectively
calculate the cost. And, because the Congressional Budget Office
projection of the average cost of the Domenici/Kennedy Substitute is
0.88%, our sponsors and our coalition believe that far too many people
would be exempted by a 1% cap. The Gregg amendment would open a massive
loophole.
The Paul Wellstone Mental Health Equitable Treatment Act
expands the Mental Health Parity Act of 1996 by prohibiting group health
plans from imposing treatment or financial limitations on mental health
benefits that are different from those applied to medical/surgical
services. The legislation applies only to group health plans already
providing mental health benefits and does not cover alcohol and drug abuse
treatment.
The bill's sponsors continue to push for prompt passage
of parity legislation. In fact, during last week's debate on the Garrett
Lee Smith Memorial Act (on suicide prevention), Senator Domenici chastised
those Senators who placed an anonymous hold on the parity bill and are
preventing the full Senate from considering this important legislation.
Many thanks to all of the Federal Advocacy Coordinators
who continue to do a terrific job with their media outreach. Please let us
know if you have additional coverage that we can add to the list below.
MATERIALS:
Cosponsor List:
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.00486:
Additional information on parity is located at:
http://www.apapractice.org/apo/0/legislative/parity.html#
The Mental Health Liaison Group also has fact sheets on parity at:
http://www.mhlg.org/page18.html
Domenici comments during suicide bill debate: Congressional Record at P.
S7806, P. S7807, P. S7808 and P. S7809.
RECENT MEDIA COVERAGE ON PARITY:
Supportive Editorials:
Henderson Dispatch (NC) on suicide bill, 7-9-04
http://www.hendersondispatch.com/articles/2004/07/09/news/opinion/opin01.txt
St. Paul Pioneer Press, 6-16-04
http://www.twincities.com/mld/twincities/news/editorial/8929961.htm?1c
+St. Louis Post Dispatch, 6-13-04
http://www.stltoday.com/stltoday/news/stories.nsf/News/Editorial+%2F+Commentary/537E03362196F4D186256EB10038BF6D?OpenDocument&Headline=MENTAL+HEALTH%3A+Politics+and+parity&highlight=2%2Cmental%2Chealth%2Cparity
+Hartford Courant, 6-4-04
http://www.ctnow.com/news/opinion/editorials/hc-paritybill.artjun04,0,6373584.story
+Des Moines Register, 6-3-04
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20040603/OPINION03/406030327/1110
Newspaper Articles/Columns:
The Oregonian, 7-9-04
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1089374712234660.xml
Salem Statesman Journal (OR), 7-9-04
http://news.statesmanjournal.com/article.cfm?i=83225
Associated Press, 7-8-04
http://www.nytimes.com/aponline/national/AP-Youth-Suicide.html
Reuters on suicide bill passage, 7-8-04
http://www.nytimes.com/reuters/politics/politics-congress-suicide.html?ex=1090374353&ei=1&en=12488efb4a6e4e43
Kennebec Journal on Collins hearing, 7-8-04
http://kennebecjournal.mainetoday.com/news/local/802733.shtml
+Ft. Smith Times Record (AR), 7-6-04
http://www.swtimes.com/archive/2004/July/04/business/mental_health.html
Op-Eds/Letters to the Editor:
+Psychologist op-ed in Denver Post, 7-12-04
http://www.denverpost.com/Stories/0,1413,36~158~2260882,00.html
+Psychologist op-ed in Portsmouth Herald (NH), 6-3-04
http://www.portsmouthherald.com/news/06032004/letters/19580.htm
Bornemann op-ed in Wash. Post, 5-29-04
http://www.washingtonpost.com/wp-dyn/articles/A64708-2004May28.html
+Psychologist letter in Scranton Times Tribune (PA),
5-28-04
http://www.scrantontimes.com/site/news.cfm?newsid=11815402&BRD=2185&PAG=461&dept_id=415898&rfi=8
+Psychologist op-ed in Centre Daily, State College, PA,
5-26-04
http://www.centredaily.com/mld/centredaily/news/opinion/9010866.htm
+Psychologist op-ed in Oakland Press (MI), 5-22-04
http://theoaklandpress.com/stories/052204/opi_20040522009.shtml
+ Indicates FAC involvement
Advocacy
Update - 3/22/02
Suzanne LeSure, Ph.D., OPA Advocacy Chair
Taken from the OPA-LINK listserv
I have been following the discussion on the
list serve and sympathize with the emotional dialogue. However, psychologists do
not need to organize to recreate the wheel. APA and OPA wheels have been rolling
for some time, creating exactly the kind of relationships that you are
discussing (with legislators, the press and economic decision-makers.)
Systematic advocacy is slow and frustrating and some of you may wish to advocate
"outside the box." Even if you ultimately become an "outside the
box" person, advocating for psychology within established APA and OPA
systems will teach you about the barriers to effective health care reform. Some
simple suggestions for action:
1. Ask for a meeting with your Rep and talk to him about Patient Access, the
bill that some say will destroy the managed care stranglehold in Ohio. There is
material on the OPA website.
2. Talk to him (or her) about the Health Care
Fairness Act, which would legalize group negotiations of the sort that are being
discussed on the list-serve. There is material on the website.
3. Contribute to the PAC, so that someone else
can talk to your Rep or Senator. Psychologists are the lowest political
contributors (behind physical therapists, nurses, speech therapists, etc) and it
shows.
4. Talk to Jim Brush about the network of
psychologists he has established to work with reporters.
5. Work with Dick Rynearson on the Healthy
Workplace program ( which is a vehicle to talk to our real
"customers": the HR directors.)
6. Contribute to the Association for the
Advancement of Professional Psychology for their national advocacy.
7. Go to fundraisers for your Reps and
Senators and get to know them. Bobbie Celeste is a whiz at providing briefings
so that you will feel up to speed. These folks are just regular people who will
actually come to you for information, if they know you. Rep. Chuck Calvert came
to my office and heard first hand from my billing staff about their frustration.
So did Rep. Dale Miller. Rep. Sally Kilbane met Jack Brunner and I in Borders
Bookstore.
8. Support Glenn in his struggle to take legal
actions against companies through Project Fair.
9. Understand that we are all part of the same
profession. Public sector changes impact private sector and vice versa. Practice
issues impact academic psychology and vice versa. Fee for service providers and
those of us who accept managed care have simply found different ways to survive.
Let's not kill our colleagues with friendly fire.
As we used to say in my misspent youth,
"If you are not part of the solution, you are part of the problem."
Organized psychology has had successes with the Medicare audits, with Prompt
Pay, with the Spada bill, with the QualChoice payment problem of several years
ago, with prescriptive authority in New Mexico, with graduate medical education
funds and in a number of other areas. If everyone puts their shoulder to the
wheels that are already rolling, we will continue to make progress.
Suzanne LeSure
Advocacy Chair
|