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.