Prepared Statement by
Rafael Semansky, Senior Policy Analyst at
The Bazelon Center for Mental Health Law
February 11, 2002
My name is Rafael Semansky. I am the senior policy analyst at
the Judge David L. Bazelon Center for Mental Health Law. The Bazelon
Center advocates for the rights of adults and children with mental
disabilities.
Mental health disorders affect a large number of children in New
York state. In 1995, the Substance Abuse and Mental Health Services
Administration estimates that between 150,000 and 278,00 children
in New York had a severe emotional disturbance. When these conditions
are not treated, they negatively affect family stability, school
performance, and social development.
Fortunately, there are effective mental health treatments for these
conditions. Federal law entitles any of the 1.3 million children
enrolled in the state's Medicaid program to all medically necessary
services covered under Medicaid.
Over the last ten years, New York, like many other states, has
expanded the array of child mental health services defined in its
state Medicaid plan. The Bazelon Center has reviewed plans from
all states. New York has, on paper, one of the most comprehensive
benefit packages for children's mental health services. But listing
these services in the state plan does not mean that families can
get them.
Last year, the Bazelon Center conducted focus groups in New York
and in Oregon to learn what this expansion means on the groundwhether
it has increased the availability of services to children on Medicaid.
We conducted groups in New York City and in Onandaga and Schoharie
counties. Thirty-five New York families with 40 children on Medicaid
told us about their experiences seeking mental health services.
Today we join New York families and advocates to announce findings
from these focus groups.
Unfortunately, we found that many families whose children have
serious mental disorders and behavioral problems reported that they
were unable to find the services their children needed.
Parents reported that some innovative programsnotably the
state's use of a Medicaid waiver to provide home- and community-based
services, the Coordinated Children's Services Initiative (CCSI)
and other programs like the Friends program in New York Cityhelped
their children access services. But these programs are available
to only a fraction of the families across the state.
In general, parents reported gaping holes in the state's safety
net for children with serious mental disorders. Most parents we
spoke with reported great difficulties and experienced long delays
in obtaining almost all types of mental health services covered
by New York's Medicaid planincluding diagnosis, therapy, case
management and intensive services, such as day treatment and home-based
services.
The families we spoke with had a hard time getting any services
at all, and when they did, they often felt that the services provided
were inadequate.
Without early and effective intervention, children's conditions
worsen, making more intensive and therefore more expensive
mental health services necessary. In the long run, this approach
saves no dollars and makes no sense.
Families reported that many of the children in the most dire need
of services go without because access to the most intensive services
is also the most limited. As a result, parents shoulder the burden
of providing care for children when their conditions may require
more intensive residential treatment and in-home services.
Some parents reported that they had been forced to call the police
or child welfare to shorten the wait for intensive services, reluctantly
turning over their child to the juvenile justice system or relinquishing
custody to the state.
We believe that these parents' experiences illustrate an approach
by New York State that is inefficient, costly and cruel. The Bazelon
Center urges the state to adopt a more effective approach based
on early intervention and intensive community services.
Families in the focus groups cited several barriers to obtaining
needed services:
First, a failure by providers to identify and assess children early;
An overemphasis on basic medical and clinical treatment;
- A lack of providers trained to treat children with serious disorders;
- A failure to individualize care;
- A lack of treatment planning for children discharged from residential
settings; and
- Poor collaboration across child-serving systems.
To address these barriers, we urge the state to increase the number
of families benefitting from Medicaid's waiver for home-and community-based
services. This approach expands intensive community-based children's
mental health services. Yet today only 610 waiver slots exist statewide.
Nine hundred and seven children were served last year.
The state should also invest in intensive community rehabilitation
services. Parents expressed a need for more in-home service providers,
day treatment programs, and after-school and summer programs.
New York State must also develop a better crisis-response system.
Most hospital emergency rooms cannot handle psychiatric emergencies.
Specialized mobile crisis teams and emergency room staff could reduce
the need for expensive inpatient, residential care.
Finally, the state must also enhance collaborations between the
many public agencies that serve children. This can be accomplished,
at least in part, by increasing support for the Coordinated Children's
Services Initiative. Parents often reported that their children
fell between the cracks of multiple agencies. Programs such as CCSI
can help state agencies direct scarce mental health services in
a coordinated manner.
Implementing these recommendations may be difficult, but the desperation
expressed by so many in the focus groups underscores the urgent
need for change.
This report is a snapshot of what parents across the state are
experiencing. Based on these reports and the tragic stories
that New York family advocates hear everyday the state needs
to take a long, hard look at real access to mental health services
for the state's Medicaid-eligible children.
Thank you.
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The Bazelon Center for Mental Health Law
is the nations leading legal advocate for the rights of people
with mental disabilities.
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