The Bazelon Mental Health Policy Reporter
Issue 3: Volume I : November 22, 2002

Congressional Sea Change Creates New Challenges

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This month's midterm elections left little doubt that mental health advocates will face new issues in the 108th Congress. Republicans now control both the Senate and the House, signaling a sea change in congressional power with important implications for mental health policy.

The change is most striking in the Senate where Republican gains will shift control of key committee leadership positions. Senators Judd Gregg (R-NH), Orrin Hatch (R-UT) and Don Nickles (R-OK) will now control, respectively, the Senate Health, Education, Labor and Pensions Committee and the Judiciary and Budget Committees. They replace former chairmen Edward Kennedy (D-MA), Patrick Leahy (D-VT) and Kent Conrad (D-ND).

The power shift also elevates the profile of Republican champions for mental health issues. Senator Arlen Specter (R-PA) will chair the committee that overseas mental health funding, and Senator Charles Grassley (R-IA) will assume leadership of the Senate Finance Committee, which has oversight of programs that provide important support for people with mental illnesses.
The shift in power comes at an important juncture for mental health policy as Congress prepares to consider many pieces of legislation important to people with mental illnesses, including reauthorization of the Individuals with Disabilities Education Act (IDEA) and programs under the Substance Abuse and Mental Health Services Administration (SAMHSA).
IDEA provides eligible children with disabilities a free and appropriate public education, and SAHMSA administers the mental health block grant and funds a number of programs for people with mental illnesses and substance abuse problems.

With control over both the Senate and the House, Republicans have increased leverage to advance the President's agenda, which is focused heavily on anti-terrorism, the sagging economy and the country's military engagements abroad. Policymakers who might otherwise champion improvements in mental health policies and programs may find themselves on the defensive as the President's agenda crowds out other initiatives.

The Bush Administration has already signaled that it has its own plans for a number of programs important to people with disabilities. It is pushing for increased state flexibility under the Medicaid program that could encourage states to cut coverage of some services for people with mental illnesses. This change would have profound implications for people with mental disabilities, many of whom rely on services currently available through the program.

The President's judicial nominees - including those who have been opposed by mental health advocates - are also likely to benefit from the election results. President Bush has been quick to insist that failed nominations, including the controversial Judge Charles Pickering, would be slated for re-consideration next year. Dennis Shedd, a controversial judicial nominee to the Fourth Circuit Court of Appeals, was approved by the Senate Judiciary Committee last week and by the full Senate this week. Mental health advocates fear that Shedd's speedy confirmation is but the first of many for federal judges hostile to disability rights.

Given the slim majority held by Republicans, proposals with bipartisan support will continue to fare better than measures that don't resonate with lawmakers from both parties. The shifting political climate presents new challenges, but may also offer new opportunities for bipartisan advocacy on mental health issues.

• Take action Now: Contact your Senators and Representative and urge him or her to preserve opportunities for people with mental disabilities available through IDEA and programs funded by SAMHSA. Contact lawmakers now.
• Take action Now: Oppose nominees who would limit the scope of the Americans with Disabilities Act at http://www.adawatch.org

Newsbytes

Domenici Vows Continued Fight for Mental Health Parity

Senator Pete Domenici (R-NM) pledged continued support for increased parity in coverage of mental health services by private insurance following the sudden death of Senator Paul Wellstone (D-MN). Speaking at a memorial service for Senator Wellstone on November 13, Domenici promised to make passage of "The Paul Wellstone Memorial Parity for Mental Illness Act" a top priority in the upcoming Congress. Congress has renewed the 1996 law that provided limited parity for another year.

Financial and treatment inequalities between medical-surgical and mental health benefits persist despite the 1996 law's passage, and congressional efforts to improve the law were blocked again this year by House leaders. Domenici and Wellstone's Mental Health and Equitable Treatment Act (S. 543) and Representatives Marge Roukema's (R-NJ) and Patrick Kennedy's (D-RI) companion bill garnered the support of 67 Senators, 243 Representatives, and more than 240 national advocacy organizations. Additionally, in April the President supported mental health parity just months before a Senate panel's unanimous approval of the bill.

• Read Senator Edward Kennedy's (D-MA) remarks on renewal of the 1996 law and the need for full mental health parity.
• Read the Bill: S. 543*
  

* PDF file; Requires the free Acrobat Reader to view.

Bazelon Center Releases New Guide on Covering Children's Mental Health Services

The Bazelon Center today released Avoiding Cruel Choices: A guide for policymakers and family organizations on Medicaid's role in preventing custody relinquishment at the national meeting of the Federation of American Families for Children's Mental Health in Washington, DC. The publication details the growing national crisis in children's mental health services and describes state policy options for increasing families' access to such services through Medicaid.

• Read the report

Families USA Sponsors Health Action Conference

The Bazelon Center has joined more than 100 national groups as a co-sponsor of the 2003 Health Act Conference, organized by Families USA, a national grassroots advocacy organization that provides a voice for health care consumers. The meeting will be held on January 23-25, 2003 at the Mayflower Hotel in Washington, DC.
Topics to be discussed in workshops include Medicaid waivers, state budget and tax issues, long-term care, private health insurance, Medicare and a host of other important issues. For additional information, including registration fees and deadlines please visit http://www.familiesusa.org.

Available exclusively to our online subscribers, the Mental Health Policy Reporter supplements the Bazelon Center's action alerts and legislative updates by providing activists with a regular bulletin on significant policy developments that affect people with mental illnesses. Subscribe online at http://www.bazelon.org/takeaction/alerts/subscribe.htm.