Pressure Increases to Pass Family Opportunity Act

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.

February 20, 2002—A coalition of more than 300 national consumer, family, advocacy, provider and professional organizations is continuing efforts to enact the Family Opportunity Act (S. 321, H.R. 600). The bill's sponsors are led by Senators Charles Grassley (R-IA) and Edward Kennedy (D-MA) and Representatives Pete Sessions (R-TX) and Henry Waxman (D-CA). For details, see the Bazelon Center's February 28, 2001 Action Alert.)

Children's Access to Needed Services Is Aim

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

• an option for states to include children receiving inpatient psychiatric services in existing Medicaid home- and community-based waiver programs;
• a demonstration program for children with potentially severe disabilities who, without access to necessary health care, would reasonably be expected to become disabled; and
• the allotment of funding 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.

The Family Opportunity Act would address the dilemma many families face when their insurance will not cover much-needed mental health services for their child. They must choose between living in poverty or giving up custody to the state so 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 can remain impoverished and thus eligible for Medicaid coverage.

Focus on Funding

S. 321/H.R 600 is supported by 208 Representatives and 75 Senators. Current advocacy focuses on congressional budget leaders, urging them to include funds for implementation of the law ($7.9 billion over 10 years) in the fiscal year 2003 budget resolution. Last year, despite failure to enact the law, Congress did set aside funds to implement it.

Spread the word!

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

A Personal Note

The Bazelon Center needs your help to 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. To support this valuable work, visit http://www.bazelon.org/donatesafely.html and complete the easy contribution form.