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August 20, 2007

Update on Federal Parity and Impact to Timothy’s Law

There has been much written in recent months about the Federal Parity Bill and the dueling proposals from The House of Representatives (Sponsored by Congressman Patrick Kennedy) and the Senate (Sponsored by Senator Edward Kennedy).

MHANYS and the other member of the Timothy’s Law Campaign (TLC) have voiced serious concerns about the Senate Federal Parity Bill. The TLC interpretation was that this bill as it was written would have serious implications for Timothy’s Law and would erode several benefits which have become the pillars of mental health parity in New York State.

Members of TLC have raised some objections and concerns with the Governor’s Office, The Office of Mental Health and The State Insurance Department regarding the proposed Federal Senate Bill. To the state’s credit, they have been responsive to the concerns of TLC.

Several individuals groups (including MHANYS and several MHA Directors) met in Washington with the offices of Senators Clinton and Schumer to voice our concern about the fear of erosion of benefits to New Yorker if the Senate Federal Parity bill was passed. In addition, Tom O’Clair and other members of TLC had the opportunity to meet with members of New York’s Senate and House staff and shared with them our concerns.

Recently, the Senate version of the bill has undergone some significant changes. The change that most dramatically affects New Yorkers is that the pre-emption provision was taken out of federal parity. The removal of the pre-emption language greatly diminishes the possibility that stronger state parity laws, like Timothy’s Law, would be supplanted by lesser federal protections. This is frankly a major victory, not only for New Yorkers, but for those states around the country such as Vermont, Washington, Connecticut and Pennsylvania who worked hard at the state and national level to make sure that they have the strongest possible law.

The Timothy’s Law Campaign played a major role in fighting for these changes through the skilled advocacy of the member organizations. Shelly Nortz and Maryann White of the Coalition for the Homeless, Jeff Wise of The New York State Rehabilitation Association and Richard Gallo of the APA deserve a great deal of credit for playing integral roles in working with the leadership of New York State and with the Senate and House in making sure that Timothy’s Law was not adversely impacted.

As Congress takes a break till after Labor Day, we will keep you informed of future Federal parity discussions. As advocates, it will be important for us to raise our voices with our legislators to insure that any federal parity law must enhance the lives of the millions of individuals who are discriminated against simply because of their diagnosis.

MHANYS Upcoming Fall Conference Schedule

Last week, I discussed our upcoming Awards Dinner and Conference on October 25th and 26th at the Albany Marriot with the specific theme of 16—24 Year Olds in Transition. The workshops and agenda will be on the MHANYS Webpage next week and will also be mailed out. Look for official registration information to go online during the last week in August at www.mhanys.org

We have confirmed speakers from several of the MHA affiliates who are running innovative programs as well as our colleagues at the Statewide Youth Network of Families Together, the New York State Office of Mental Health, The Commission on Quality of Care and Advocacy for Persons with Disabilities, VESID, The Office of Children and Family Services, The Department of Labor and the Albany County Department of Mental Health. It will provide a great opportunity for many of the state’s leading experts to identity the core components necessary to insure that youth with psychiatric disabilities successfully transition to school and employment.

In addition, we are very pleased that David Shern, the President and CEO of Mental Health America will be speaking at the MHANYS Awards Dinner on the evening of October 25th.

MHANYS is also sponsoring or co-sponsoring several other conferences coming up this fall.

In chronological order,

October 1 in Suffolk County—Parents with Psychiatric Disabilities Conference--. MHANYS, along with the MHA of Suffolk and the Office of Mental Health, will be presenting a one day conference on the unique issues of Parents with Psychiatric Disabilities. Innovative approaches plus custodial issues and other legal issues that impact parents with psychiatric disabilities will be discussed. The conference will be held on the grounds of Touro Law School in Central Islip. For more information, contact Lorraine McMullin at (518) 434—0439, ext. 211 or lmcmullin@mhanys.org

October 3 in Albany—Suicide Prevention for the Upper Nine Counties of the Hudson River Region---MHANYS, the American Foundation for Suicide Prevention, the Conference of Local Mental Hygiene Directors, and OMH will sponsor a conference on Suicide Prevention for the Upper Nine Counties of the Hudson River Region for OMH. Among the topics to be discussed will be: The Impact of Addictions and Co-occurring Disorders on Suicide, Suicide Prevention in Schools, Preventing Suicide among Recently-Returned Veterans, Helping Survivors Heal, Educating Primary Care Physicians, Training Law Enforcement Responders, Teen Screen, and Helping County Service Systems Transform to Prevent Suicide. This conference will be taking place at the Marriot Hotel in Albany from 8—4:30. View the full program and register on line at: www.mhanys.org. For more information, contact Helena Davis at hdavis@mhanys.org or 518-434-0439, ext. 219.

November 1 in Albany—Parents with Psychiatric Disabilities Conference---MHANYS, along with OMH, will present a one day conference on the issues of Parents with Psychiatric Disabilities (PWPD). This conference will feature presentations from leaders in the field and will include innovative approaches to working with PWPD and their loved ones. It will be at taking place at the Best Western Sovereign Hotel in Albany. For more information contact Lorraine McMullin at (518) 434—0439, ext. 211 or at lmcmullin@mhanys.org

Governor Spitzer Vetoes Housing Wait List Bill

MHANYS was disappointed that Governor Spitzer vetoed the Housing Wait List Bill. This bill has been a priority of our organization for several years. The Wait List has been an effective tool in the Developmental Disabilities Community in helping to identity the need for housing in localities. By identifying a need for housing in the mental health community, there would be a real opportunity for creating a planful process by bringing together all the key stakeholders including state agencies, local government, housing providers and advocates. Good policy is driven by good planning and the wait list would have been a major step in the right direction.

Attached is the Governor’s Veto Message:

VETO MESSAGE - No. 103

TO THE SENATE:

I am returning herewith, without my approval, the following bill:

Senate Bill Number 568, entitled:

"AN ACT to amend the mental hygiene law, in relation to the establishment of community housing waiting lists for adults within the office of mental health service system"

NOT APPROVED

This bill--which is virtually identical to a bill that was vetoed last year--would require the Office of Mental Health ("OMH") to establish a community housing waiting list for adults seeking housing services from OMH. The list would be based on information submitted by county mental health providers, adult homes, psychiatric centers, counties and other entities, which would be required to provide monthly reports to OMH of each person referred to or applying for housing. While I am firmly committed to building more housing for individuals with mental illness, I am constrained to veto this bill because of its many technical flaws.

First, this proposed waiting list likely will prove inaccurate, because it requires the inclusion of persons who are merely "referred to or applying for" OMH housing. The bill does not provide any mechanism for evaluating whether an individual is mentally ill, whether OMH housing is appropriate for the individual, or whether an individual's current housing situation is adequate.

Second, although the proponents of this bill note that the Office of Mental Retardation and Developmental Disabilities ("OMRDD") maintains a waiting list that has proven to be successful, the populations served by OMRDD and OMH are very different. OMRDD serves individuals who have life-long disabilities whose needs can be more easily identified, and are unlikely to change significantly over time. Individuals served by OMH, in contrast, have various levels of functionality which can rapidly change depending on medications, treatment, and a host of other issues.

Third, this bill has an immediate effective date, even though OMH would require significant lead time to develop the reporting system and ensure that the electronic data it stores will be secured in a manner required by federal law.

Finally the bill does not provide any funding to OMH for the creation of the mandated waiting list, or to the State's 57 county mental hygiene departments and New York City's Department of Mental Hygiene, which would be required to provide information to OMH on a monthly basis.

In sum, this bill would impose significant burdens on OMH and mental health service providers, to create a waiting list which would include many persons who are neither mentally ill nor in need of OMH-sponsored housing.

Despite these flaws, I have been and will continue to be committed to developing more housing for individuals with mental illness. Indeed, this year's budget included additional funding for 1,000 new congregate care units and another 1,000 supportive housing units, representing a 25% increase in the number of units that are in development. In addition, I am continuing to support the addition of 5,500 beds under the New York/New York III agreement for individuals with mental illness who are homeless in New York City.

Although these steps are significant, I agree with the sponsors of this bill that more can be done to help place individuals with mental illness into appropriate housing. As a result, I am directing OMH to work with state, local and not-for-profit housing providers to review this issue carefully and to make recommendations on how best to achieve this goal.

The bill is disapproved.

In The News:

Researchers Awarded $ 3.6 Million Grant From The National Institute of Mental Health To Focus On Recovery From Severe Mental Illness
Albany, NY (August 14, 2007)

Orangeburg, N.Y. August 14, 2007 – Two research scientists at the Nathan S. Kline Institute for Psychiatric Research (NKI) have been awarded a new 5-year, $3.6 million services research grant from the National Institute of Mental Health (NIMH) to develop a Center to Study Recovery in Social Contexts. Psychologist Mary Jane Alexander, PhD, and anthropologist Kim Hopper, PhD, along with a team of researchers and community-based partners, will study the process of “recovery” from severe mental illness, which they define as individuals’ ability to live, work, learn and participate in their communities.

Recovery from mental illness---rebuilding “a life worth living”---is too often overlooked because the mental health field typically focuses on treatments and interventions, not the personal process of change. The investigators plan to adapt and apply Amartya Sen’s “capabilities framework” that has been used extensively to combat global poverty in international development work to the field of public mental health.

“This project supports and will inform the priorities of the New York State (NYS) Office of Mental Health (OMH) and builds on the recommendations of the President’s New Freedom Commission on Mental Health,” said NYS OMH Commissioner Dr. Michael Hogan, who chaired the Commission before coming to New York. “Too often, psychiatric illness is viewed only in terms of the limitations it places on people, yet the capabilities and opportunities that people have are, in the long run, much more important.”

"This pioneering initiative will help restore productivity, independence, and dignity to our citizens with mental illnesses," said the Congressman Eliot L. Engel. "Severe mental illness takes a heavy toll on individuals and families. I'm glad that that the NIMH recognized the importance of recovery and is supporting this research. It is appropriate that these funds go to the Nathan S. Kline Institute for Psychiatric Research, one of the premier psychiatric research facilities in the country."

“We are very pleased that NIMH has provided their generous support to these committed investigators to examine and reconceptualize the theoretical frameworks, tools of inquiry, scientific expertise, and stakeholder partnerships required to promote a research agenda focused on recovery for people with severe mental illness,” said psychiatrist Harold S. Koplewicz, MD, Director of NKI, and chair of the NYU Department of Child and Adolescent Psychiatry and the founder and director of the NYU Child Study Center. “We are hopeful that this ground-breaking work will lead to improved policies and practices in mental health.”

About 5% of adults have a functionally disabling, or serious mental illness in any given year. These conditions typically have their onset in the teen or early adult years---when critical transitions to adulthood must be negotiated---making them “diseases of the young”. Even excluding schizophrenia, which is the most disabling of these conditions, mental disorders cost afflicted US citizens an average of 88 days of normal daily activity in a year. Indirect costs due to affective diagnoses such as depression and bipolar disorder alone were estimated at $78.6 billion in 1990. Worldwide, mental disorders account for 15% of the total burden of illness in advanced economies such as the United States--slightly higher than the burden from all types of cancer.

(Note discussion of the Medicaid Buy-In. MHANYS employment agenda includes greater public awareness of programs available to employ people with psychiatric disabilities. One of the most significant resources is the Buy-In)

State Offers Multiple Low-cost Health Insurance Programs
Ithica Journal
By Linda Stout

Although many people have no insurance or inadequate health care coverage, some options exist for low- or no-cost health care coverage. There's a discount prescription plan available to every Tompkins County resident, and people with no health insurance can see a doctor through the Ithaca Free Clinic.

Medicaid, the state-administered federal program mostly for people with the lowest incomes, is perhaps the most well-known option. Private health insurance plans may also be available, but Medicare benefits coordinators say people have been misled and should be careful to examine details about deductibles, what's covered and whether their doctor is in the plan.

Following is a list of some programs, questions and answers, contact information and people who can help navigate health insurance questions:

Medicaid

Medicaid is health insurance administered by states and available primarily to people with income well below the federal poverty guidelines. Some higher income people with high medical bills or to those who receive Supplemental Security Income through the Social Security Administration may also receive Medicaid.

Medicaid programs have stringent income limits. For instance, a single person's income must be below $700 per month, which is lower than the poverty line. Recipients may own a house, car and have up to $4,200 in savings, according to an eligibility chart at the New York State Department of Health Web site, www.health.state.ny.us/health_care/medicaid/
#definition
. Medicaid income caps are less restrictive for children and pregnant women and when extremely high medical bills are accrued.

You may find the thick Medicaid applications in a number of places such as a doctor's office, or those seeking Medicaid may pick up applications and arrange application appointments at the Tompkins County Department of Social Services, 320 W. State St., Ithaca, by calling 274-5359.

Social services workers will also help applicants who don't qualify for Medicaid look into other programs, and they can explain differences between regular Medicaid and Medicaid Managed Care programs.

Will we lose the house if I get Medicaid?

The state can put a lien on the property of Medicaid recipients 55 or older or those permanently in a medical institution and recover assets of an estate when the recipient dies. There is, however, also a provision that permits a spouse to remain in the home, with some income, if a partner goes into a nursing home. Refer to the Medicaid Web site listed above or call the Department of Social Services at 274-5359.

Medicaid Spend-down Program

The Medicaid Excess Income Program, also known as the Medicaid Spend-down Program or the Medicaid Surplus Income Program, offers coverage to individuals whose net monthly income is above Medicaid income limits and who meet all other eligibility requirements such as having savings less than $4,200. People enrolled in this program submit receipts from medical expenses, and once those are “spent down” to the Medicaid eligibility requirements, Medicaid covers their care.

This can help uninsured people who don't meet Medicaid's low cap if they are, for instance, in a car accident or hospitalized and if their savings don't exceed $4,200 per person or $5,400 per couple (excluding a $1,500 burial fund). People with little savings might also benefit by including planable medical care such as checkups and dental work within a month's period.

The spending down happens only when there is medical spending to meet Medicaid income requirements.

In addition to calling the local Department of Social Services office, at 274-5359, information is available by calling (800) 343-8859 or visiting www.health.state.ny.us/health_care/
medicaid
.

Medicaid Buy-in Program for People with Disabilities

Working people with disabilities, including those who are self-employed, may qualify for the relatively new Medicaid Buy-in Program, instituted three years ago in New York as one of a few pilot programs. Now this program is available nearly nationwide.

The Medicaid Buy-in Program provides an employment incentive, said Kevin Nickerson, the Disability Program Navigator at Tompkins Workforce New York.

This program could apply to many Americans.

Although a person might not be receiving Social Security Disability, they should meet Social Security disability guidelines for this Medicaid Buy-In program. Nickerson said a disabled worker can make about $50,000 a year and still get this insurance. A brochure for this program notes that not all income or assets are counted, for instance, a home, car and some savings.

For more information about this in Tompkins County, workers or employers may call Nickerson at 272-7570 ext. 136 or e-mail kevinn@aboutchallenge.org.

People may apply for this program at the Department of Social Services or some other service providers.

Medicaid for moms and babies

The Tompkins County Health Department administers Medicaid Obstetrical Maternal Services (MOMS), a state program for pregnant women who meet certain income guidelines. It provides full medical care for the duration of their pregnancy and up to two months after and a full year for the baby. For more information, visit http://co.tompkins.ny.us/health/ chs/moms.htm or call 274-6622.

Family Health Plus and Child Health Plus

In addition to handling Medicaid Managed Care programs, Total Care administers Family Health Plus and Child Health Plus, which are similar to Medicaid but have higher income guidelines, for instance, $851 a month ($10,210 a year, same as the federal poverty level) for a single adult. Higher income levels are allowed for children. Although there's no charge to enroll and no deductibles for Family Health Plus and Child Health Plus, there are small co-payments for services. To enroll, call the county's Department of Social Services at 274-5359. Unlike Medicaid, payments are not retroactive, and it could take two months or more from the time of application to delivery of services from the managed care health plan you choose.

Healthy New York

Healthy NY is designed to reach the uninsured who do not qualify for Medicaid. Monthly income limit examples are $2,107 before taxes for a single person and $2,832 for a family of two. Pregnant women count as two people under Healthy New York, which has programs for small businesses (with some income limits). Income requirements are the same for sole proprietors. High deductible programs are also available. Mental health care and some other medical care are not covered by Healthy NY.

Visit www.ins.state.ny.us/website2/hny/english/hny.htm or call (866) 432-5849.

Medicare

Medicare is available for people 65 and older who are eligible for Social Security or Railroad Retirement benefits and is not limited to only low-income people. It's also the insurance used by disabled people after two years on Social Security Disability.

For free help in navigating the services and prescription plans, contact Sarah Jane Blake at Lifelong, 119 W. Court St., Ithaca, 273-1511, www.tclifelong.org/HIICAP.htm or call the Tompkins County Office for the Aging provide at 274-5482 and ask for Regina McGriff or Trina Schickle, aging services specialists. The Office for the Aging is in the basement of the Tompkins County Courthouse, 320 N. Tioga St.

McGriff and the Office for the Aging Web site cite warnings about private insurers misleading people about coverage. Also see this site for more information: www.medicarerights.org/ help.html.

Medicare is divided into parts:

* Medicare Part A is the hospital insurance program with a deductible of $992 per benefit period for hospitalizations.

Enroll through the social security office, 127 W. State St. or by calling 256-3651;find more information at www.ssa.gov.

* Medicare Part B is medical insurance for seeing doctors, outpatient services, tests and medical equipment. Deductibles are $131 a year, with premiums of $93.50 to $161.40 per month depending on income.

* There are various Medicare Part D prescription drug programs and some low-income subsidies called Better Extra Help and Some Extra Help. Free assistance is available from the Office for the Aging or from the Health Insurance Information Counseling and Assistance Program at Lifelong.

Sign up at the Social Security Administration; forms are online at www.ssa.gov or pick up a hard copy at the Social Security Administration, 127 W. State St. in Ithaca.

Help for ‘starving' artists, freelancers

Sometimes organizations for artists, freelancers, professionals and some trade unions may make low-cost medical insurance available or provide financial help for some medical care.

For example, a New York City-based artists' organization called Fractured Atlas is looking into making low-cost health insurance available in Tompkins County, said Marie Ortiz, the program director for health care. In some cases, according to the Fractured Atlas Web site, medical care short of insurance is made available for its members. So far, health insurance is only serving this group's members in the New York City area. Read more at www.fracturedatlas.org/site/healthcare/state/NY, or call (212) 277-8020.

Insurance for freelance workers might also be accessible through an organization called the Freelancers Union, www.freelancersunion.org.