Family Opportunity Act Introduced in Senate

Bill Addresses the Tragedy of Custody Relinquishment for Children's Access to Care

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April 7, 2000—Legislation to give many more children with serious disabilities access to needed health and mental health services was introduced at a recent press conference by Senators Charles Grassley (R-IA) and Edward Kennedy (D-MA), joined by Senators James Jeffords (R-VT), Tom Harkin (D-IA), Jack Reed (D-RI) and Daniel Patrick Moynihan (D-NY).

The bill is called the Family Opportunity Act of 2000 (S. 2274). It targets the huge gap in coverage faced by families who earn too much to qualify for Medicaid, lack employer health coverage or have private insurance with inadequate mental health benefits.

The Bazelon Center, in a new report, documents a tragic consequence of this gap: As many as one in five parents who seek mental health services for a child must choose between foregoing the treatment the child needs or giving up custody to the state so the child can obtain the comprehensive services available through Medicaid. In the process, caring parents are treated as abusive or neglectful and deprived of the ability to raise their children consistent with their values.

The proposed bill would promote early intervention and ensure children's access to all medically necessary services, and would thus help restore family security and maintain family responsibility.

Access to Medicaid Is Critical

S. 2274, if enacted, would permit states to allow middle-income families with children who have severe mental or physical disabilities to "buy into" the Medicaid program on a sliding-scale basis. The maximum out-of-pocket costs would be adjusted to family income. Families who are required to accept employer-provided health coverage would still be able to buy into Medicaid to supplement the (usually limited) employer plan's coverage for a child with extensive needs.

The bill would also allow states to set up a demonstration program for children whose "potentially" severe disabilities do not yet meet the criteria for federal disability (SSI) benefits but, without health care, would become severe enough to do so.

Other benefits of the legislation include:

• an option for states to include children with serious emotional disturbance who now receive inpatient psychiatric services under waivers of Medicaid rules that permit coverage of home- and community-based services; and
• funds to establish Family-to-Family Health Information Centers, staffed by both parents and professionals to help families identify and access appropriate health care for children with disabilities.

Action Needed

The bill has been referred to the Senate Finance Committee. Strong bipartisan support is needed to bring it to the floor of the Senate.

• Contact both of your U.S. Senators and urge them to co-sponsor or at least support S. 2274, The Family Opportunity Act of 2000.
• Contact members of the Senate Finance Committee (see list below) and urge them to act on this bill by holding a hearing and markup.

What You Can Do Now

• Call the capitol switchboard at 202-224-3121 and ask to be transferred to the office of each of your Senators, or
• Write or Fax a letter to:

The Honorable (first and last name)
United States Senate
Washington, DC 20510

• E-mail is rarely read and we do not suggest using it at this point. However, whenever you do send e-mail to your Senator or Representative, always include your city, state and zip code in the message to identify yourself as a constituent.

Make It Personal

If you have a personal story related to the problem of custody relinquishment or about being unable to obtain adequate mental health coverage for a child who has significant health-care needs through private insurance, be sure to share it with your Senator.

Three new Bazelon Center publications discuss the tragedy of custody relinquishment to access mental health care for a child and recommend legal and policy remedies.

• Relinquishing Custody, an 84-page report, includes examples of federal and state initiatives and language from selected state laws. Available from our online bookstore: $10.

Two others, a family advocate's guide and a paper on legal strategies, can be printed or downloaded free.

• Staying Together, a 32-page guide for family advocates, and
• Litigation Strategies, a 33-page paper for lawyers.

For a listing of all Bazelon Center publications, see publications or contact our Publications Desk: pubs@bazelon.org.

Did You Know?