Mental
Health Association in New York State, Inc. |
Friday Fax from Albany
MHANYS’ LEGISLATIVE CONFERENCE OUTSTANDING SUCCESS: On Monday, March 7th, MHANYS held our annual Legislative Conference. It was an overhwelming success with a standing room only crowd in attendance. The Conference was highlighted by the appearance of many elected representatives and mental health policy makers who talked about the issues identified as priorities in MHANYS 2005 Legialative Agenda. Michael Friedman, Director of the Center for Policy and Advocacy of The Mental Health Associations of NYC and Westchester, provided a wonderful introduction to the day, telling those attending that their hard work as mental health advocates is absolutely crucial in the fight to improve the lives of individuals with mental health needs. Then, Mary Jean Coleman, Executive Director of Samaritans Suicide Prevention Center, standing in back of one of Samaritan’s memory quilts of those lost to suicide, spoke passionately about the necessity of continuing our good work, noting that without our efforts, many more New Yorkers would be lost to suicide each year. MHANYS’ Director of Public Policy, Michael Seereiter, and I provided an overview of the 2005 Legislative Agenda, discussing issues such as the need for additional housing capacity and options, the need to involve all stakeholders in planning for the future of the mental health system, protecting access to safe and effective medications and treatments, and reform of the ways in which individuals with mental illness are treated in jails and prisons. However, as it has in previous years, Timothy’s Law truly took center-stage. Many shared their thoughts, but Tom O’Clair once again commanded the undivided attention of the entire group as he recounted the events that eventually led to the suicide of his youngest son, Timothy, four years ago, next week. After Tom spoke, Assemblymember Paul Tonko, sponsor of Timothy’s Law in the NYS Assembly, told those gathered that he would not abandon us in our fight for Timothy’s Law. Then, Sue Wheeler, Chair of Small Businesses for Timothy’s Law, rose to share her involvement in the campaign for Timothy’s Law and how she, as a small business owner, wants to make sure businesses like hers are not left out of the final version of Timothy’s Law. Sue shook her “I Love NY” piggy bank with $1.26 in coins, telling the group, “This is the sound of parity!” Sue then introduced Senator Thomas Libous, the Senate Transportation Chair and former Mental Health Chair. Senator Libous spoke about several issues including mental health parity. Assemblymember Joel Miller, a dentist and small business owner for over 35 years also made a compelling argument in support of maintaining the provisions of Timothy’s Law that apply to small businesses and argued that small businesses, like his, should not be carved out of Timothy’s Law, as the Senate has suggested. On issues other than Timothy’s Law OMH Commissioner Sharon Carpinello spoke to the crowd about the budget proposal put forth by Governor Pataki as it relates to individuals with mental health needs. The new Senate Mental Health and Developmental Disabilties Chair, Thomas Morahan, shared with us his thoughts on a variety of issues, including the need to get a mental health parity bill done this year. Assembly Mental Health, Mental Retardation and Developmental Disabilities Chair Peter Rivera discussed issues such as Kendra’s Law, the need for additional housing, and the necessity of passing Timothy’s Law. NYS Commission on Quality of Care for the Mentally Disabled Chair, Gary O’Brien, spoke eloquently about the work the Commission does in conjunction with organizations like MHANYS, to ensure that the best possible care is provided to individuals with mental disabilities. Newly elected Assemblymember Donna Lupardo, the former Education Director at the MHA of the Southern Tier, highlighted the significance of advocating with your legislators and telling the audience she knew, “what It was like to be in their shoes.” Special thanks to Michael Seereiter, MHANYS’ Director of Public Policy, who did a wonderful job in coordinating the day’s events.
MHANYS’ ONLINE ADVOCACY: Budget - Please take just a minute to send your Senator and Assemblymember an e-mail regarding the Governor’s 2005-06 proposed budget using MHANYS’ Online Advocacy at http://www.mhanys.org/policy/advbudget.htm. Urge your representatives to reject proposals that would negatively impact individuals with mental health needs in New York. Preferred Drug Program - In addition, we have also provided you with an opportunity to urge your Senator and Assemblymember to reject the Governor’s proposed Preferred Drug Program (PDP). You may send your legislators an e-mail, detailing the problems with the PDP at http://www.mhanys.org/policy/advpld.htm. If you’re unsure of who your Senator and/or Assemblymember are, simply enter your address in the Board of Elections search page at http://map01.elections.state.ny.us/boe/main.asp.
MEDICAID MATTERS NEW YORK HAS NEW WEBSITE: As members of Medicaid Matters New York, MHANYS is actively opposing the $3 billion in cuts to the state's Medicaid program proposed by the Governor as part of his 2005-06 Executive budget proposal and the Bush administration's 2006 budget proposal which includes a large cut in Medicaid spending as well. Medicaid Matters New York has a new website, http://www.medicaidmatters.org, which provides interested parties the opportunity to get involved. We encourage you the check out the new website.
MHANYS COMMENTS ON DIVISION OF HOUSING AND COMMUNITY RENEWAL’S 2004 PERFORMANCE REPORT: Following are comments from MHANYS to the Division of Housing and Community Renewal (DHCR) 2004 Performance Report. DHCR does not normally receive a lot of feedback from mental health organizations regarding housing issues. Having worked closely with DHCR in my prior job, I know they are interested in working more closely with organizations representing individuals with disabilities including people with psychiatric disabilities. We felt it was important to highlight some of our housing issues as well as emphasizing the significance of partnerships between state agencies, housing providers and advocates in establishing additional housing resources for individuals with psychiatric disabilities.
NYS ASSEMBLY TO HOLD KENDRA’S LAW HEARING:
|
Peter
M. Rivera |
Joseph
R. Lentol Member of Assembly Chairman Committee on Codes |
SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:
Has the AOT program been successful in providing appropriate supervision and treatment that assists certain persons with mental illness?
Have treatment plans been appropriately matched to the needs of individuals? Have needed services been available for those under AOT court orders, and what occurs when services are not available?
Why is Kendra’s Law used more frequently in some areas of the State than in others?
What has been the experience of those who have sought petitions for court orders for AOT? Have local AOT coordinators followed through with investigations in a timely way once an individual is referred to them?
What impact has the AOT program had on community-based services?
Although a substantial portion of investigations have led to court orders, twenty-eight percent of investigations have led to service enhancements rather than court orders. In general, are the service enhancements provided to these individuals appropriate and effective in meeting treatment needs?
What has been the experience of individuals under an AOT court order who have moved from one New York county to another? Have these relocated individuals been connected to services in their new county of residence?
What has been the rate of utilization and impact of the Medication Grant Program established pursuant to Kendra’s Law? Is the program effective in meeting the medication needs of certain individuals with serious and persistent mental illness pending a Medicaid eligibility determination? How could the Medication Grant Program be improved?
What changes to Kendra’s Law, if any, should the Legislature consider that would improve the lives of individuals with mental illness and their families?
Persons
wishing to present testimony at the public hearing on New York State’s
AOT program are requested to complete this reply form as soon as possible
and mail it to:
Jennifer Best
Committee Assistant
Assembly Committee on Mental Health,
Mental Retardation and Developmental Disabilities
Room 522 Capitol
Albany, New York 12248
Email: bestj@assembly.state.ny.us
Phone: (518) 455-4371
Fax: (518) 455-4693
___ I plan to attend the following public hearing on New York State’s AOT program to be conducted by the Assembly Committee on Mental Health, Mental Retardation and Developmental Disabilities and the Assembly Committee on Codes on March 24, 2005.
___ I plan to make a public statement at the hearing. My statement will be limited to 10 minutes, and I will answer any questions which may arise. I will provide 10 copies of my prepared statement.
___ I will address my remarks to the following subjects:
___________________________________________________________________
___
I do not plan to attend the above hearing.
___ I would like to be added to the Committee mailing list for notices
and reports.
___ I would like to be removed from the Committee mailing list.
___ I will require assistance and/or handicapped accessibility information.
Please specify the type of assistance required:
___________________________________________________________________
NAME: _____________________________________________________________
TITLE: ______________________________________________________________
ORGANIZATION: ______________________________________________________
ADDRESS: __________________________________________________________
E-MAIL: _____________________________________________________________
TELEPHONE: ________________________________________________________
FAX: _______________________________________________________________
Week of May 14 – May 20, 2005
In November of 2004, several advocates from across the state walked 122 miles in support of Timothy's Law. The walk went from Warwick, NY to Albany, NY and culminated in a rally of more than than 600 individuals gathered for Mental Health Parity.
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 Ali Zimmerman, an employee of Independent Living, Inc., are planning an annual Walk for Mental Heath during May is Mental Health Month.
During the week of May 1st through the 20th, they will be getting walkers from each county to participate in a relay-type walk from the four corners of the state, converging on Albany on the 20th.
If you are interested in participating, please contact Ann or Alexandra - e-mail the Walk Committee at mentalhealth_walkers@yahoo.com, or call Ann at (845) 566-0810 or Ali at (845) 703-1042 and they will connect you with the agency coordinating the walk in your region.
March 14th, 2005
Albany, NY
On March 14th, the Mental Health Alternatives to Solitary Confinement coalition will be hosting a Legislative Day/Rally in Albany, NY. Please join us to end the placement of psychiatrically disabled prisoners into solitary confinement or SHU. On March 14th, you will have the opportunity to:
•
Attend a Press Conference
• Participate in a “BOOT THE SHU” Rally
• Meet with Elected Officials
• Change Law
Click on the link below to take action!
If you or someone you care about is sick or disabled, you know that prescription drugs cost too much, especially if you’re uninsured. Nearly 20 years ago a program called “EPIC” was created for seniors who can’t afford their drugs. Today over 346,000 seniors get help from EPIC--but people with disabilities were never included even though they frequently pay large bills for prescription drugs that are not covered by insurance.
The EPIC Works! Campaign--which includes New Yorkers for Accessible Health Coverage, the American Cancer Society, National Multiple Sclerosis Society, New York Statewide Senior Action Council and Consumers Union--is working to help change that.
Can
you please take a minute or two and write to New York’s elected
leaders and ask them to provide 100,000 disabled New Yorkers with EPIC
drug coverage?
Please CLICK HERE: http://cu.convio.net/EPIC or paste this link into your
browser: http://cu.convio.net/EPIC
For more information, contact: David Wunsch, New Yorkers for Accessible Health Coverage at dwunsch@cidny.org
IN THE NEWS:
Mental
health measure debated. By Matt Pacenza
Albany Times Union, March 10, 2005
Some advocates object to mandated treatment under Kendra's Law
ALBANY -- Kendra's Law has been a boon for Joyce Claypool of Colonie.
Before the law was passed in 1999 to mandate treatment for certain people with severe mental illnesses, Claypool's family struggled to get her paranoid schizophrenic brother to take medications to control his illness.
"When he's mandated to take his medications, life is a lot better," said Claypool.
The law, named after a young woman who was pushed in front of a subway train and killed by a man with an untreated mental illness, expires June 30.
With the law enjoying broad support, including backing from both Gov. George Pataki and Attorney General Eliot Spitzer, observers expect the Legislature to renew the law and possibly make it permanent.
But some mental health advocates argue Kendra's Law is unduly coercive and want court orders stripped from it.
"We object to the idea of using force to compel treatment," said Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services. "The real issue is that services need to be better."
The law's backers, like the New York chapter of the National Alliance for the Mentally Ill, cite a study by the state Office of Mental Health that found that mentally ill patients subject to court orders see their lives improve.
The 3,958 New Yorkers who have been subject to court orders since the law went into effect in 1999 were 55 percent less likely to make a suicide attempt, for example. They were also less likely to become homeless, go to jail and abuse drugs.
Kendra's Law also provides funding for medications and helps mentally ill inmates as they are leaving prison.
Pat Webdale, the mother of Kendra Webdale, called her daughter's loss "the most devastating thing possible." She turned to activism, lobbying for the law and pushing this year for its renewal.
She recalled a recent conversation with a young schizophrenic man who told her that because of a court order, he was taking his medications and feeling better.
"It made me feel validated," said Webdale.
One key legislator, Peter Rivera, D-Bronx, chairman of the Assembly Mental Health Committee, said he has an open mind about what form a new Kendra's Law should take.
"There are many aspects of this that have to be looked at," said Rivera, who will hold hearings on the bill later this month. "To make a predetermined decision wouldn't be fair."
Pataki
bill would make law for mentally ill permanent. By Michael Gormley
The Ithaca Journal, March 9, 2005
ALBANY -- Gov. George Pataki on Tuesday released a bill that would make permanent Kendra's Law, a landmark measure that provides outpatient services to the mentally ill as well legal authority for caseworkers, family members or roommates to seek a court order to force a potentially dangerous patient to comply with treatment.
The law is scheduled to expire June 30 after a five-year trial. Pataki said the law has provided specialized services to 6,600 people. An Office of Mental Health study showed the program was a "resounding success," according to the governor's office.
"The results are clear," Pataki said. "Kendra's Law works."
Advocates for the mentally ill, however, are concerned about the law named after Kendra Webdale. The Fredonia native was pushed to her death in 1999 in front of an oncoming New York City subway train by a man who was a sometimes-violent schizophrenic who did not take his anti-psychotic medicine.
"What we object to is the use of court-ordered force," said Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services. "It's only a piece (of Kendra's Law), but it's the onerous part of it."
A year ago, the state Court of Appeals upheld the law's constitutionality. The New York Civil Liberties Union criticized the decision, claiming the law allows the detention of people for 72 hours without a hearing on whether they are a threat to themselves or others.
Rosenthal said some housing programs offering 24-hour services and assistance are successful with some of the most difficult cases --mentally ill ex-prisoners with a history of violence. He said the studies haven't proven the court-ordered care works better.
The National Alliance for the Mentally Ill-New York today is scheduled to call for a dozen changes in the law before it is renewed. The group interviewed 20 families that said the court orders worked, but that the services weren't uniformly available statewide, said Jeff Keller of NAMI.
Extension
is urged of Kendra's Law. By Tom Precious
Buffalo News, March 10, 2005
ALBANY - A law permitting judges to force mentally ill people to take their medication must not be allowed to lapse if the public and patients are to be protected, says the mother of a slain Fredonia native for whom the law was named.
"There's a real need - a lot of suffering," said Patricia Webdale, whose daughter, Kendra, was shoved to her death under a New York City subway in January 1999 by a man with a history of mental illness and violence.
By summer that year, a law was enacted permitting family members and others to get court orders for people with serious mental illnesses to either take their medication or be hospitalized.
The law sunsets at the end of June, and advocates in the mental health community remain split over whether the law helps mentally ill people or denies them their due process rights.
"We shouldn't have to bring cops and courts in to replace the responsibility the mental health system has to engage people with high needs," said Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services, who is trying to stop the forced treatment provision of Kendra's Law.
Webdale and members of the National Alliance for the Mentally Ill, which represents families of people with mental illnesses, came to Albany on Wednesday, one day after Gov. George Pataki introduced legislation extending the 1999 law. The law permitting courts to require someone to obtain outpatient services was upheld last year by the state's highest court, which had been challenged by a mentally ill person claiming due process and equal protection rights were violated by the statute.
The state Office of Mental Health last week reported that 10,078 people have been referred by family members or others for mandatory treatment since the law began. Of those, judges eventually ordered 3,766 people to treatment.
"Kendra's Law works, and it can work very well when properly implemented," said J. David Seay, executive director of the group representing family members of mentally ill people. He said permitting the law to continue, but without its chief provision permitting forced treatment, "is like the hamburger without the beef."
Advocates say the law helps mentally ill people get the help they otherwise might not, and keeps them from being sent for long stays in hospitals or prisons. A measure of last resort, backers say the law also helps protect people from violent attacks like the slaying of Webdale.
"Our families are living in fear that this law will get bogged down in legislative gridlock," Seay said.
The group is urging a number of changes to the law, such as better education to resolve problems of officials in some counties not participating in the program. Seay and others point to a series of state statistics showing drops in mentally ill people being sent back to prison as evidence the law is working, and they note the law has numerous built-in protections to ensure only the most severely mentally ill people who pose a danger to themselves or others are forced into treatment.
Webdale said the law "gives hope to an urgent cry."
But Rosenthal and others say the state has pumped additional money into mental health treatment over the years, which is a more likely explanation for any improvements being seen by advocates of Kendra's Law.
Until
next time, we remain,
Working to ensure available and accessible
mental health services for all New Yorkers