Mental
Health Association in New York State, Inc. |
Friday Fax from Albany
Timothy’s Law in 2005: This week, amid all of the excitement surrounding the submission of the Governor’s budget proposal and the Legislature’s joint budget hearings, two different versions of mental health parity legislation were once again introduced in the Assembly and Senate, respectively. As he has done over the past two years, Assemblymember Paul Tonko introduced the version of Timothy’s Law (A.2912) that the Assembly has now passed for a number of years, that MHANYS and other Timothy’s Law advocates have consistently supported. And in the Senate, Senator Thomas Libous has introduced the same mental health parity bill that the Senate passed last year, which fell short of being called Timothy’s Law (S.1672). Timothy’s Law advocates here in Albany now find themselves with two, of what are commonly referred to as, one-house bills. The Assembly has introduced their bill, and the Senate has introduced their bill, but the same bill has not been introduced in both houses, nor does that seem to be likely in the near future. And as we all know, a bill must pass both houses of the legislature in order to make it to the Governor’s desk for consideration. We have consistently advocated for a comprehensive mental health and addiction services parity bill that will eliminate discrimination in insurance coverage. In order to achieve that, the Senate and Assembly must sit down and negotiate the strongest parity law possible for the residents of New York State. We feel strongly that the time is ripe this year in Albany to craft a law that will provide millions of New Yorkers mental health and addiction services coverage equal to that of physical coverage in insurance plans. It is a trite saying but it is true that, “we must keep our eye on the prize.” That prize is the positive impact that Timothy’s Law will have for New York’s children and adults. Stronger mental health insurance coverage at minimal cost is a victory for all New Yorkers. As we move into the heart of the 2005 Legislative Session, with lobby days and a continued presence at the Capitol, we certainly hope that Timothy’s Law will become just that – a law – this year.
Mental Health Advocates Meet with New Senate Mental Health Chair Tom Morahan: Earlier this week MHANYS along with NAMI-NYS, ACL and NYAPRS had the opportunity to meet with the new Senate Mental Hygiene Chair, Thomas Morahan. We had a wide ranging discussion of issues that were germane to all of us in the mental health system including Timothy’s Law, the cuts to local assistance, housing rates and a litany of other issues. Senator Morahan asked a lot of good questions and seemed very interested in finding out more about our concerns. We hope that Senator Morahan found our meeting as productive as we did. We look forward to continuing to meet with the Senator and his staff. I would like to thank Karen Oates, President of MHA of Rockland, for setting up this meeting.
The Second Annual Walk for Mental Illness: In November of 2004, several advocates across the state walked 122 miles in support of Timothy’s Law. The walk went from Warwick, NY (Orange County) to Albany, NY and culminated in a rally of 500 people gathered at the NYS Capitol in support of Timothy’s Law. This year, two advocates involved in the Walk for Timothy’s Law in Memory of Robin Jane Desrats, Ann Berardinelli of Families with Bi-Polar Children, and Alexandra M. Zimmerman, are planning an annual Walk for Mental Heath during May, which is Mental Health Month. During the week of May 14th through the 20th, we are hoping to get Timothy’s Law supporters in counties throughout the state to participate in a relay-type walk from the four corners of the state converging on Albany on May 20th. By organizing the walk as a relay, each county will only be responsible for their own small portion of a statewide large event - The Second Annual Walk for Mental Illness. Once we have heard from participating agencies and have a rough statewide walk route planned, the Walk Committee will be putting neighboring counties in touch with each other to work out timelines, schedules, participation lists and walk routes. During the first Annual Walk, donations were made by local businesses as well as statewide organizations and companies. Donations and support from organizations and individuals are obviously welcome. If you would like further information about the walk, please e-mail the Walk Committee at Mentalhealth_Walkers@yahoo.com, or contact Ann Berardinelli at (845) 566-0810 or Alexandra M. Zimmerman at (845) 703-1042.
Fingerprinting Bill: As of April 1st, the state will be implementing a finger printing bill which requires that criminal history information must be obtained from the Division of Criminal Justice Services (DCJS) before certain mental health providers can hire employees/volunteers who have “regular and substantial unrestricted contact” with clients. This law is in effect for all new employees hired after April 1, 2005. It will also impact current employees who will be transitioning to jobs as of April 1, 2005 in which they will have contact with clients. Providers will not be doing the fingerprinting. Rather, there will be fingerprinting entities at designated sites, which are currently located at the state operated psychiatric facilities. There is a $75 dollar processing fee for each criminal background check but OMH will be absorbing the cost of that fee. For more information, go to http://www.omh.state.ny.us/omhweb/fingerprint/. As additional information becomes available, we will be sure to share it with you.
In the News: Mentally
ill deserve the help they need. Letter to the Editor To
the Editor: Timothy's Law would guarantee those with mental afflictions have the same chance at bettering their lives as anyone else with a treatable ailment. My daughter and I have met with Sen. DeFrancisco twice. He said he co-sponsored Timothy's Law, and that Sen. Joseph Bruno was the stumbling block. I'm sure many readers know someone who has suffered from mental illness and wish there was something that they could do. There is. Go to Timothyslaw.org, read Timothy's story and his parents' losing battle to find help. Let's make sure our children have the help that they need and deserve. Gary
Brieaddy
Many
still benefit from mental health care. Letter to the Editor As a Republican, I was outraged to hear about Gov. George Pataki's proposal to eliminate mental health care for those on Medicaid and Healthy NY. A great many people receiving Medicaid are disabled due to mental health problems. They also receive public dollars in the form of public assistance and Social Security Disability Insurance. Many of those people can be restored to a functional level if they receive proper care. Under the current system, we fall woefully short at even that. Some of the working poor enrolled in Healthy NY may likewise need mental health care in order to avoid becoming unemployable poor. The result is that people are forced to decide between basic living expenses and basic mental health care. The conservative approach would be to help those that we can, with the ultimate goal of adding them back into the pool of taxpayers. The governor's plan would only ensure that people with treatable mental illnesses receiving public dollars would perpetually remain in the system. Significant cost cuts can surely be found in the administrative end of Medicaid. There are ways to spend less and get a greater return on our investment. We need creative, compassionate politicians to implement thoughtful plans. Self-serving grandstanders who wish to catch the attention of a narrow-minded, under informed electorate in other parts of the country should not be welcome to govern our state. Indeed, let us look first to the tax dollars being spent on Mr. Pataki's national exposure before we take from the poor and sick. JENNIFER
WASHBURN
N.Y.
Advocates "Generally Pleased" with Pataki's budget Proposal. New York Gov. George E. Pataki this month released his 2005-2006 proposed executive budget, which revealed some funding support for the mental health community, including increased funding for supported housing and freestanding mental health clinics for children and adults. The state's mental health advocates, however, are concerned about proposed cuts for community services and with issues concerning Kendra's Law, the state's assisted outpatient treatment program. "It was a mixed bag for mental health advocates, [but] a number of positives," Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services (NYAPRS), told MHW. "We were generally pleased there were increases of services in a number of areas." Rosenthal cited a $4 billion budget deficit environment facing New York state. "In this kind of budget environment, overall we did pretty good," he said. The budget provided for a $24 million increase for the state's outpatient clinics. That was "certainly a big boost," said Rosenthal. The governor's proposed executive budget also funds $6.5 million to enhance supported housing rent payments. All of the advocates welcomed increases to housing beds, said Rosenthal. "The need is so great, the state needs to continue every year adding beds," said Rosenthal. The governor's proposed budget would also provide $7 million in previously approved funding to enhance mental health treatment services to inmates with psychiatric problems. Similarly, $5.25 million for 3500 adult home residents with psychiatric disabilities had also been previously approved for case management/peer specialist services, said Rosenthal. "The funding is not new; it's just going out the door now," said Rosenthal. Community services The governor's budget proposal includes a $3.9 million cut for community services NYAPRS members are strong advocates of those services, said Rosenthal. "They include children's services, crisis services, respite services for families, jail diversion and Latino outreach," said Rosenthal. "These are important programs that play a critical role in making up the community service safety net." This proposed cut comes on the heels of last year's $7.7 million reduction, said Rosenthal. Last year, Pataki vetoed $7.7 million in Aid to Localities mental health funding for community-based mental health programs, which would fund crisis outreach services to homeless families, children's services, employment services and advocacy services (see MHW, Sept. 27, 2004.) "I'm going to give testimony urging state legislators to reject the governor's plan and restore the cuts," said Rosenthal. "On the negative side, if the $3.9 million is not restored, it's very unclear what programs are going to be [affected] directly." Medicaid reform concerns Advocates are also concerned about proposed cuts to Medicaid and their impact on those with psychiatric disabilities. Pataki's proposed budget includes an increase in Medicaid drug co-pays and the elimination of Medicaid reimbursement for dental and podiatry services. People with severe psychiatric disabilities have co-occurring disorders and physical problems, and would need to have reimbursement for those services, said Rosenthal. He said he also plans to urge state legislators to continue those Medicaid reimbursements, said Rosenthal. The budget also includes a preferred drug program. If Pataki's plan for a preferred drug list is implemented, advocates want to ask for three things: Exempt mental health drugs; establish a provision called physician override to enable [people] to receive the medication if their physician says they really need it; and place consumers on the committee to help determine which drugs get on the preferred drug list, said Rosenthal. Pataki has also proposed closing down the Middletown Psychiatric Center. According to the governor's budget, the $7 million savings from the closing would be reinvested to expand state-operated community services in the Middletown area. Rosenthal said advocates would like to see the $7 million split between the state workers and community agencies. "Moving the money into the community is a plus, but we argue that 50 percent be redirected to grow enhanced state operated services and for not-for-profit [agencies] to grow," said Rosenthal. "Let's give people a chance to move into the community with this extra support." Kendra's Law The governor's budget proposal provides funding for the continuation of Kendra's Law, which in New York creates a statutory framework for court ordered Assisted Outpatient Treatment (AOT) to ensure that individuals with mental illness and a history of hospitalizations or violence participate in community-based services appropriate to their needs. "The reauthorization of Kendra's Law might be controversial," said Rosenthal. "After four years of being implemented, the law has sunseted and is up" for reconsideration and possible alterations, said Rosenthal. While some mental health groups welcome the law, it presents controversy for others, said Rosenthal. "For some of us, Kendra's Law is real controversial," said Rosenthal. "Groups like mine are saying 'fund and fix the services,' but we don't need the forced treatment." NYAPRS recognizes that some areas of Kendra's Law are very positive, such as providing for greater accountability for services, funding for jail discharge coordinators, and for housing and care management. "That's all positive," said Rosenthal who said he would prefer to see the forced treatment provision eliminated from the law. "I'm sure it's going to be a very contentious issue," said Rosenthal. New York advocates also plan to increase efforts to pass Timothy's Law, New York's parity legislation to end discriminatory behavioral health care insurance coverage, said Rosenthal. Many advocates would like to see the SHU [special housing unit] bill passed, which mandates that states could not put prisoners in solitary confinement if they are disabled, said Rosenthal. The Assembly passed a prison reform bill that would forbid solitary confinement for prisoners with severe psychiatric disabilities; however, the legislation still needs Senate support.
Mental-health
experts fear effect of Pataki's budget. By Robert Gavin Skylight Center in St. George might be impacted, advocate tells joint legislative panel Mental health advocates fear nearly $4 million worth of "very damaging cuts" in Gov. George Pataki's budget will jeopardize services across the state, including a center on Staten Island's North Shore. "We are concerned enough that we think it could hurt these services," Harvey Rosenthal, executive director of the New York Association of Psychiatric Services, told the Advance. Rosenthal, testifying yesterday before a joint legislative panel yesterday, said some facets of the governor's budget are "extremely welcome." However, he also sees "serious threats to the recovery, rehabilitation and rights of New Yorkers with psychiatric disabilities." Rosenthal said last year's state budget slashed $7.7 million from community mental health service providers -- including $3.1 million cut from such programs in New York City. He said Pataki's $105.5 billion budget, released earlier this month, cuts $3.9 million from community mental services. Combined with the cuts in last year's budget, this year's "very damaging cuts to critically needed mental health services" amount to nearly $12 million, Rosenthal said. He feared it could affect facilities such as the Skylight Center on St. Marks Place in St. George, a clubhouse-type program that offers the mentally ill an educational, social and support network. "This is a shock to most of us," said Margaret Sorrentino, 60, of Grasmere, who utilizes services available at Skylight. The facility is "getting me motivated to work again" and helps her and others obtain meals , among other services, she said. "It keeps me occupied. It gives me something to do," said Jack Dalton, 57, of Concord, who is bipolar. "If I didn't have some place to go, I'd be sitting on my bed, staring at the television." Dalton said he goes to Skylight seven days a week to volunteer, eat, meet with friends and take occasional weekend trips to movies, shows and sporting events. If services were cut at Skylight, it would "hurt a lot of people," Dalton said. Rosenthal said he hoped programs like Skylight, which he said operates on state grant money, would not be singled out. Pataki spokesman Ken Brown said the governor's budget sends a record funding level of $894.8 million to the state Office of Mental Health for localities, which, he said, allows for a "significant expansion" of community-based mental health program capacity. The spokesman said the budget maintains the state's "generous commitment to New Yorkers with serious mental illness and ensures that essential services" will be delivered.
Health
advocates support closing Middletown Psych. Mental-health advocates yesterday applauded the Pataki administration's plan to close the Middletown Psychiatric Center, but they want part of the savings to go to community-based mental health programs. Gov. George Pataki has proposed using all of the $7 million in annual savings from the closure to bolster state-operated community mental-health programs in Orange and Sullivan counties. But local nonprofit organizations adept at operating on a tight budget could provide some of those services more efficiently and less expensively, said Harvey Rosenthal of the New York Association of Psychiatric Rehabilitation Services. The 100-year-old Middletown center once served 3,000 patients, but is now down to 115 beds. It employs 297 people, including 119 administrative and support workers. Under the administration plan, the center would be closed next year, and patients would be transferred to Rockland Psychiatric Center in Orangeburg.
Until
next time, we remain, |