Action Needed as Congress Takes Up Two Consensus Bills

Renewed Efforts to Enact Family Opportunity Act and Mental Health Parity

Support the Bazelon Center. Your tax-deductible donation helps the Bazelon Center keep you informed on important developments in mental health law and policy. Not a Subscriber? Sign up now to receive action alerts and updates from the Bazelon Center.

October 16, 2001—In the wake of the September 11 terrorist attacks in New York and Washington, Congress has been preoccupied with national security and disaster relief. But even while allocating funds for emergency efforts and looking to shore up national security and bolster the economy, members are returning to the mandatory appropriations bills for fiscal year 2002, which began October 1st.

Key lawmakers are also working for passage before they adjourn of bills that have strong bipartisan support-among them the Family Opportunity Act and the mental health parity bill. Grassroots advocacy is needed now on these priority measures.

1. The Family Opportunity Act

The Family Opportunity Act (S. 321, H.R. 600) is a consensus bill. Sponsored by the bipartisan teams of Senators Charles Grassley (R-IA) and Ted Kennedy (D-MA) and Representatives Pete Sessions (R-TX) and Henry Waxman (D-CA), the bill is supported by more than 70 Senators and 200 Representatives in this Congress, reflecting similar strong support in the last. (See the February 28, 2001 Bazelon Center Action Alert for details.) However, with only a few weeks likely to remain in the session, key legislators need to hear from the public on the importance of enacting S.321/H.R. 600 this year.

S. 321/H.R. 600 would create a sliding-scale Medicaid "buy-in" for families of children with disabilities whose income exceeds the eligibility guidelines (up to 300% of the federal poverty level). The bill also:

• would expand the Medicaid home- and community-based waiver program to include children receiving residential treatment center services so they can be served at home;
• would create a demonstration program to allow children to qualify for Medicaid if they have potentially severe disabilities, including serious mental disorders, and would reasonably be expected to become disabled without access to needed health care; and
• would provide funding for Family-to-Family Information Centers to help families identify and access appropriate health care for children with disabilities.

The Family Opportunity Act would address the problem many families face when their insurance won't cover much-needed mental health services for their child. These parents often have to choose between living in poverty or giving up custody to the state so that the child can obtain the comprehensive services available through Medicaid. To avoid giving up custody, many parents in this situation turn down hard-earned promotions and pay increases, effectively spending down so that they remain impoverished and eligible for Medicaid coverage.

Action Needed Now

Telephone calls are needed to both the House and Senate leadership and the chairman and ranking members of the committees with jurisdiction of the bill (see list below). Share the following message:

• The Family Opportunity Act must be one of the bills passed before Congress adjourns this year.
• It is a bipartisan "consensus" bill.
• Congress recognized the importance of S. 321/H.R. 600 by including full funding in the FY 2002 budget resolution

What You Can Do

Phone or write or fax a letter to:

Senate Majority Leader Thomas Daschle (D-SD)-202-224-2321
Senate Minority Leader Trent Lott (R-MS)-202-224-6253
House Speaker Dennis Hastert (R-IL)-202-225-2976
House Minority Leader Richard Gephardt (D-MO)- 202-225-2671
Senate Finance Committee Chairman Max Baucus (D-MT)-202-224-2651
House Energy and Commerce Committee Chairman Billy Tauzin (R-LA)- 202-225-4031
House Energy and Commerce Committee Ranking Member John Dingell (D-MI)-202-225-4071

2. Mental Health Parity

The 1996 Parity Act has expired (it had a provision to "sunset" on September 30, 2001). Urgently needed is enactment of a proposed new parity law, Mental Health Equitable Treatment Act of 2001 (S. 543), sponsored by Senators Pete Domenici (R-NM) and Paul Wellstone (D-MN) (see the June 12, 2001 Bazelon Center Action Alert for details). S. 543 would eliminate discrimination in health insurance for all mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition (DSM-IV).

Specifically, S. 543 would go beyond the 1996 law, which provided parity for only lifetime and annual limits, by prohibiting private health insurance plans from imposing inpatient hospital-day and outpatient-visit limits and from applying deductibles, co-payments, out-of-network charges and other financial requirements for mental health treatment that differ from those for medical/surgical care. The House counterpart (H.R.162) would also include substance abuse parity.

Action Needed Now

Telephone the House and Senate leadership and your Senators and Representative and urge them to enact S. 543, The Mental Health Equitable Treatment Act of 2001, and H.R. 162, The Mental Health and Substance Abuse Act, this year. To stress the need for this legislation, remind your legislator that:

• The bill is cost-effective. Providing equal coverage makes good economic sense; when mental illness goes untreated, costs escalate. Furthermore, the Congressional Budget Office estimated the Senate bill would increase premiums by only 1 percent.
• By eliminating the unequal treatment of mental health conditions, S. 543/H.R. 162 will help reduce the unmet needs for treatment of people with mental disorders-many of whom delay seeking treatment because of high out-of-pocket costs.

What You Can Do

Phone or write or fax a letter to:

Senate Majority Leader Thomas Daschle (D-SD)-202-224-2321
Senate Minority Leader Trent Lott (R-MS)-202-224-6253
House Speaker Dennis Hastert (R-IL)-202-225-2976
House Minority Leader Richard Gephardt (D-MO)- 202-225-2671

You can reach your own Senators and Representative by calling the Capitol Switchboard at 202-225-3121

Spread the Word

Please forward this Bazelon Center Action Alert to others who care about people with mental illnesses and urge them to contact Congress right away.

A Personal Note

You can help the Bazelon Center defend the rights of children and adults with mental disabilities through policy advocacy and Action Alerts like this one, precedent-setting litigation and technical support for advocates across the country. Did you know you can contribute to the Bazelon Center online? Please visit www.bazelon.org/donatesafely.html, or send a check to the address on this Action Alert, and support this important work!