Legislative

and

Advocacy

Update

March 2019

The Federation is involved at the national level in monitoring

legislation, advocacy opportunities and resources that could

aid your work as the voice for families.

We've made changes to our website to help you find the resources you need to Advocate.

The new Legislation and Advocacy section includes:

We've also started a Facebook page just for Legislative and Advocacy News and resources. It is a great way to keep up with what is going on in all the states and to share what is happening in yours.

The Federation actively represents you as part of the  Mental Health Liaison Group  (MHLG) .  The MHLG is a forum for collaboration among the leading national mental health and addiction-focused organizations. Together, we provide policymakers with information and support in advancing our shared policy priorities. The MHLG hosts congressional staff briefings to share information on trends and best practices in the field; provides annual recommendations on mental health and addiction funding in the federal appropriations bills, writes letters to Congress outlining our position on important legislation or offering suggestions for improving proposed policies and more.



  

Read the Letter to the HELP Committee

The TAPS Act is currently working on Bipartisan support and development of a diverse task force to provide feedback, before being introduced. We will keep you updated on its movement.

 The TAPS Act

• Will identify a behavioral threat assessment and management process that can be adapted and used across the nation while recognizing the unique needs of different communities

• Will provide States the training, resources, and support needed to stand up community-based, multidisciplinary behavioral threat assessment and management units

• Recognizes that the behavioral threat assessment and management concept should become part of the culture and fabric of contemporary law enforcement

• Urges that this is a matter of national security

On February 28th, Representatives Paul Tonko (NY-20) and Michael Turner (OH-10) have formally introduced bipartisan legislation empowering states to expand access to addiction treatment through Medicaid for individuals up to 30 days before their release from jail or prison. The bill, H.R. 1329: the Medicaid Reentry Act , responds to alarming evidence that individuals reentering society after incarceration are 129 times more likely than the general population to die of a drug overdose during the first two weeks post-release.

“ Solving America’s growing opioid crisis requires that we take bold steps to treat addiction where we find it,” said Tonko. “Empowering states to deliver needed addiction treatment to individuals as they transition out of the criminal justice system not only helps combat the spread of this painful disease, it also makes our communities safer, saves money over the long term, and delivers vital services to a truly vulnerable group of people and families, many of whom have lost dearly at the hands of this disease. I am profoundly grateful to my colleague Michael Turner and our colleagues from both parties who have been steadfast in supporting this lifesaving legislation, and I look forward to working with them to advance it through the House.”

Advancing Care for Exceptional (ACE) Kids Act of 2019 (S. 317) was introduced in the U.S. Senate by lead co-sponsors Sens. Charles Grassley, R-Iowa, and Michael Bennet, D-Colo.

The ACE Kids Act supports better coordination of care for children with complex medical conditions in Medicaid, reducing the burden on families. It enables care closest to the families' homes and communities, reduces unnecessary hospitalizations, and provides more seamless access to specialized care the child may need across state lines. This legislative effort follows the ACE Kids Act of 2017, which achieved strong bipartisan support in both the House and Senate, passing the House late last year by an overwhelming majority.

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The House of Representatives is expected to introduce similar

legislation in the coming days.

From the Kennedy Forum

Ruling Will Impact How Health Insurers Make Coverage Determinations;

Sends a Powerful Message in the Fight for Parity

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Chief Magistrate Judge Joseph Spero of the United States District Court for the Northern District of California has found that United Behavioral Health (UBH), the largest managed behavioral health care company in the country, developed review criteria for evaluating the medical necessity of claims for outpatient, intensive outpatient, and residential treatment of mental health and substance use disorders that was inconsistent with generally accepted standards of behavioral health care, and wrongly influenced by a financial incentive to suppress costs.

Eleven plaintiffs, on behalf of over 50,000 patients whose claims were denied based on flawed review criteria, sued UBH. Natasha Wit sought coverage for treatment of a number of chronic conditions, including depression, anxiety, obsessive-compulsive behaviors, a severe eating disorder and related medical complications. UBH repeatedly denied treatment using its flawed criteria. Like other families experiencing such denials, the Wit family paid nearly $30,000 out-of-pocket for Natasha’s treatment, despite having health insurance coverage.

Signed into law on February 9, 2018, as a part of the Bipartisan Budget Act (HR. 1892), Family First includes long-overdue historic reforms to help keep children safely with their families and avoid the traumatic experience of entering foster care.In passing the law, Congress recognized that too many children are unnecessarily separated from parents who could provide safe and loving care if given access to needed mental health services, substance abuse treatment or improved parenting skills.

Deadline No Later than April 1, 2019

States will need to submit in their state plan to HHS how their licensing standards

are in accord with HHS’ model standards.

CMS seeks recommendations that allow Americans

to purchase health insurance across state lines

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The Centers for Medicare & Medicaid Services (CMS) issued a request for information (RFI) that solicits recommendations on how to eliminate regulatory, operational and financial barriers to enhance issuers’ ability to sell health insurance coverage across state lines.The RFI will be open for public comment for 60 days.

From Inside Healthy Policy

Specialists in the fields of addiction and mental health urged Congress on March 6 to give more federal money to providers on the front lines of the opioid crisis -- including by funding several programs that were authorized in last year’s major opioid bill. The briefing was sponsored by the Coalition to Stop Opioid Overdose and the Mental Health Liaison Group - two umbrella groups that include many provider organizations and advocacy organizations as members.



Eric Ketcham, an emergency room doctor and addiction specialist in Santa Fe, called on Congress to fully fund key programs in the SUPPORT Act, last year’s bipartisan effort to combat the opioid epidemic. They include: a demonstration program to expand non-opioid pain-management options in hospitals, a grant program to encourage medication-assisted treatment in emergency rooms, and a student-loan repayment program for workers treating patients with substance use disorders.

Ketcham also urged lawmakers to further ease restrictions on buprenorphine ,  which is used in medication-assisted treatment. Doctors who wish to prescribe buprenorphine must take an eight-hour class, and other providers must take 24 hours of classes, he said.

“It’s nonsense to require a special eight-hour class to prescribe buprenorphine but I can all day write prescriptions for Oxycontin if I wanted without any additional special training,” Ketcham said

Other experts pointed to the Medicaid program as pivotal  to treating addiction. Mary-Catherine Bohan, the vice president of outpatient services at Rutgers University Behavioral Health Care, said she hopes Congress expands the Certified Community Behavioral Health Clinic demonstration, which provides enhanced Medicaid funding to states for expanding addiction and mental health services. Shannon Gresham, the Director of Residential Services for the Council on Alcoholism and Drug Abuse of Northwest Louisiana, said it’s important for more states to expand Medicaid under the Affordable Care Act.

From Families USA

This webinar discusses the latest strategies that state leaders and advocates are pursuing to improve the health care system for consumers. Families USA's invited guests and expert staff share leading 2019 state health policy proposals and discuss lessons from them that can be applied in all states. Speakers cover an overview of what states are doing to improve health care in 2019 from efforts to tackle prescription drug prices to proposals that would expand coverage to thousands more people. 

On March 14, 2019, from 10 a.m. to 12 p.m. ET, the Department of Justice will convene the Coordinating Council on Juvenile Justice and Delinquency Prevention (Council) in Washington, DC. The Council coordinates federal programs related to juvenile delinquency prevention and missing and exploited children.

The focus of this meeting will be the national opioid crisis and its impact on youth. The meeting is open to the public.

Arkansas



Major Juvenile Justice Reform signed into law March 8th.

SB152 (now Act 189), landmark legislation that will begin the process of reforming the Arkansas juvenile justice system. It will go into effect July 2020. M ajor goals of the reform legislation, which was years in the making, included: reducing the number of youth and length of stay in juvenile lockups; redirecting funding from secure confinement to more effective (and cheaper), evidence-based community services; improving equity in the allocation of services in and across judicial districts; and enhancing the treatment of youth committed to the Division of Youth Services (DYS).

Florida

The Family Cafe's "Let's Talk!" Legislative Conference Call Series is every Friday at 4:00 PM ET during Florida's 60-day legislative session, to keep you up to speed on everything happening in Tallahassee.



Dial-in Number: 1-888-585-9008

Conference Room Number: 521-148-484 

The Florida Legislature opened its 2019 Legislative Session this week, with Governor DeSantis laying out his vision for Florida in his first State of the State Address .

Georgia

Voices for Georgia's Children p rovides the following:

Polly’s 2 Minute Take weekly during the legislative session

• http://georgiavoices.org/pollys-two-minute-take/

Weekly Legislative Updates

• http://georgiavoices.org/legislative-updates/

Iowa

The Iowas Department of Human Services released the

Analysis of Family First Prevention Services Act and Implications for Iowa .

From the Child and Family Policy Center comes A Deeper Dive , a podcast about all-things child policy in Iowa. Every week they break down the policies and current events shaping the future for Iowa kids. Tune in every Friday for a new episode. 

Kansas

Kansas Action for Children provides a weekly report from KAC's Director of Government Relations Adrienne Olejnik on happenings at the Statehouse and issues affecting Kansas children and families

Kentucky



The Kentucky Department for Community Based Services​ has made it clear that the commonwealth will be among the first to implement the federal Family First Prevention Services Act. With passage of House Bill 158, sponsored by Representative David Meade, by the Kentucky legislature, the commonwealth is taking its first steps in aligning state law with the federal legislation.

KY Youth Advocates compiled a list of key components of Family First Act and how they anticipate it will impact Kentucky’s children and youth.

Montana

Montana is considering taking Medicaid coverage away from people who don’t meet work requirements, charging beneficiaries high premiums, and locking them out of coverage. These policies would be deeply harmful for many people with disabilities and behavioral health conditions. The new draft bill would be even more harmful than the prior version. 

New Hampshire



Thursday, March 14th, the New Hampshire Senate will vote on SB 14, the children's behavioral health bill which supports an integrated and comprehensive System of Care for kids with statewide access to mobile crisis services.

The passage of SB 14 is a high priority to support kids with behavioral health needs. An integrated and comprehensive system of care and statewide access to mobile crisis services are laid out in the bill.

Vermont

Vermont officials are seeking a boost in mental health funding in order to meet a growing need among children and families throughout the state. The Mental Health Department’s fiscal 2020 budget is proposed at $266.6 million, up from $243.25 million as approved by the Legislature last year.

In notes on the department’s spending proposals , officials said problems like the opioid epidemic and parental mental health issues are contributing to the need for children’s services. They also cited “decreased access to community based services due to staffing challenges, and decreased risk tolerance in communities due to threats of violence.”

“Due to many factors, we are seeing an increase in need and acuity in children, which is requiring more residential placements,” Squirrell told members of the House Health Care Committee.

“The most important thing is the comprehensive services we provide – kids don’t have behavioral problems, generally, in isolation,” said Julie Tessler, executive director of Vermont Care Partners , a statewide network that includes the designated agencies. “You can’t expect a teacher in the classroom to figure that out … it takes a more comprehensive approach to work with the child and the family.”

Alerting us to what is happening on the state level will aid not only those in your state but others nationally as ideas spread. As you become aware of state or national legislative alerts, funding and advocacy opportunities or resources that could be used to build funding requests, please let us know by emailing [email protected] .