The Bazelon Center for Mental Health Law


 

 

Family Opportunity Act Passes Senate Finance Committee

Calls Needed to Bring Bill to Senate Floor and Urge House Action

More Information

Staying Together: A family advocate's guide to download or print out (2001)

Relinquishing Custody: The Tragic Result of Failure to Meet Children's Mental Health Needs (2000)

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July 22, 2002 - The Senate Finance Committee recently approved legislation to help families of children with severe disabilities - including children with serious mental and emotional disorders - get needed health and mental health care for their child, clearing the way for a vote on the Senate floor.

Grassroots action is needed now to ensure passage of this important legislation.

On July 11, the committee approved the Family Opportunity Act (S. 321). The bill addresses the dilemma many families face when they lack adequate insurance to cover much-needed mental health services for their child: choosing between living in poverty or giving up custody to the state so that the child can obtain the comprehensive services available through Medicaid. In order to avoid giving up custody, many parents turn down hard-earned promotions and pay increases, effectively spending down to remain impoverished and therefore eligible for Medicaid coverage.

Committee Changes to the Bill

Changes made in the Committee reduce the number of families that will benefit from the Family Opportunity Act, but the bill still provides a needed mechanism for many families to access services.

  • The upper income level for families to be eligible to “buy-in” to Medicaid on a sliding scale was reduced from 300 percent of the federal poverty level (approximately $52,000 for a family of four) to 250% of the federal poverty level (approximately $45,000 for a family of four).
  • The committee also struck wording to create a demonstration program that would have allowed states to use Medicaid to cover children with potentially severe disabilities who, without access to health care, would reasonably be expected to become disabled.
  • The legislation still includes language to help prevent out-of-home placement and allow children to remain in the community for their care by allowing states to use Medicaid’s home and community based waivers to cover children receiving inpatient psychiatric services in a residential treatment center (RTC) or at risk of placement in a RTC.

Action Needed:
With few legislative days remaining before the fall elections and Senate floor time being consumed with other legislative priorities, calls are needed now to move the Senate leadership to bring S. 321 to the floor for a vote. Currently, 75 Senators support S. 321 and 235 Representatives support H.R. 600, its House companion legislation.

What You Can Do:

  • Urge Senate Majority Leader Tom Daschle (D-SD) to bring S. 321 to the floor for a vote immediately. Call Senator Daschle's office at 202-224-2321 or 202-224-5556.
  • Tell the House leadership and the Chairman of the House Commerce Committee to act immediately on H.R. 600, the House companion legislation to the Family Opportunity Act, which is being sponsored by Representatives Pete Sessions (R-TX) and Henry Waxman (D-CA). Contact House Speaker Dennis Hastert (R-IL) at 202-225-0600 or 202-225-2976 and Commerce Committee Chairman Billy Tauzin at 202-225-4031 or 202-225-2927.

 

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org