Advocacy Challenges for 2003
The Bazelon Mental Health Policy Reporter
Issue 3: Volume I : November 22, 2002
Congressional Sea Change Creates New Challenges
This month's midterm elections left little doubt that mental health
advocates will face new issues in the 108th Congress. Republicans now control
both the Senate and the House, signaling a sea change in congressional power
with important implications for mental health policy.
The change is most striking in the Senate where Republican gains will shift
control of key committee leadership positions. Senators Judd Gregg (R-NH),
Orrin Hatch (R-UT) and Don Nickles (R-OK) will now control, respectively, the
Senate Health, Education, Labor and Pensions Committee and the Judiciary and
Budget Committees. They replace former chairmen Edward Kennedy (D-MA), Patrick
Leahy (D-VT) and Kent Conrad (D-ND).
The power shift also elevates the profile of Republican champions for mental
health issues. Senator Arlen Specter (R-PA) will chair the committee that
overseas mental health funding, and Senator Charles Grassley (R-IA) will
assume leadership of the Senate Finance Committee, which has oversight of
programs that provide important support for people with mental illnesses.
The shift in power comes at an important juncture for mental health policy as
Congress prepares to consider many pieces of legislation important to people
with mental illnesses, including reauthorization of the Individuals with
Disabilities Education Act (IDEA) and programs under the Substance Abuse and
Mental Health Services Administration (SAMHSA).
IDEA provides eligible children with disabilities a free and appropriate
public education, and SAHMSA administers the mental health block grant and
funds a number of programs for people with mental illnesses and substance
abuse problems.
With control over both the Senate and the House, Republicans have increased
leverage to advance the President's agenda, which is focused heavily on
anti-terrorism, the sagging economy and the country's military engagements
abroad. Policymakers who might otherwise champion improvements in mental
health policies and programs may find themselves on the defensive as the
President's agenda crowds out other initiatives.
The Bush Administration has already signaled that it has its own plans for a
number of programs important to people with disabilities. It is pushing for
increased state flexibility under the Medicaid program that could encourage
states to cut coverage of some services for people with mental illnesses. This
change would have profound implications for people with mental disabilities,
many of whom rely on services currently available through the program.
The President's judicial nominees - including those who have been opposed by
mental health advocates - are also likely to benefit from the election
results. President Bush has been quick to insist that failed nominations,
including the controversial Judge Charles Pickering, would be slated for
re-consideration next year. Dennis Shedd, a controversial judicial nominee to
the Fourth Circuit Court of Appeals, was approved by the Senate Judiciary
Committee last week and by the full Senate this week. Mental health advocates
fear that Shedd's speedy confirmation is but the first of many for federal
judges hostile to disability rights.
Given the slim majority held by Republicans, proposals with bipartisan support
will continue to fare better than measures that don't resonate with lawmakers
from both parties. The shifting political climate presents new challenges, but
may also offer new opportunities for bipartisan advocacy on mental health
issues.
Take Action Now: Contact your Senators and Representative and urge him or her
to preserve opportunities for people with mental disabilities available
through IDEA and programs funded by SAMHSA. Contact lawmakers now.
Take Action Now: Oppose nominees who would limit the scope of the Americans
with Disabilities Act at
http://www.adawatch.org

Newsbytes
Domenici Vows Continued Fight for Mental Health Parity
Senator Pete Domenici (R-NM) pledged continued support for increased parity
in coverage of mental health services by private insurance following the
sudden death of Senator Paul Wellstone (D-MN). Speaking at a memorial service
for Senator Wellstone on November 13, Domenici promised to make passage of
"The Paul Wellstone Memorial Parity for Mental Illness Act" a top priority in
the upcoming Congress. Congress has renewed the 1996 law that provided limited
parity for another year.
Financial and treatment inequalities between medical-surgical and mental
health benefits persist despite the 1996 law's passage, and congressional
efforts to improve the law were blocked again this year by House leaders.
Domenici and Wellstone's Mental Health and Equitable Treatment Act (S. 543)
and Representatives Marge Roukema's (R-NJ) and Patrick Kennedy's (D-RI)
companion bill garnered the support of 67 Senators, 243 Representatives, and
more than 240 national advocacy organizations. Additionally, in April the
President supported mental health parity just months before a Senate panel's
unanimous approval of the bill.
Bazelon Center Releases New Guide on Covering Children's Mental Health
Services The Bazelon Center today released Avoiding Cruel Choices: A guide for
policymakers and family organizations on Medicaid's role in preventing custody
relinquishment at the national meeting of the Federation of American Families
for Children's Mental Health in Washington, DC. The publication details the
growing national crisis in children's mental health services and describes
state policy options for increasing families' access to such services through
Medicaid.
Families USA Sponsors Health Action Conference
The Bazelon Center has joined more than 100 national groups as a co-sponsor
of the 2003 Health Act Conference, organized by Families USA, a national
grassroots advocacy organization that provides a voice for health care
consumers. The meeting will be held on January 23-25, 2003 at the Mayflower
Hotel in Washington, DC. Topics to be discussed in workshops include Medicaid
waivers, state budget and tax issues, long-term care, private health
insurance, Medicare and a host of other important issues. For additional
information, including registration fees and deadlines please visit
http://www.familiesusa.org.
Available exclusively to our online subscribers, the Mental Health Policy
Reporter supplements the Bazelon Center's action alerts and legislative
updates by providing activists with a regular bulletin on significant policy
developments that affect people with mental illnesses. Subscribe online at
http://www.bazelon.org/takeaction/alerts/subscribe.htm.
The Bazelon Center for Mental Health Law is the leading national
legal-advocacy organization representing people with mental illness or mental
retardation. Through precedent-setting litigation and in the public-policy
arena, the center works to define and uphold the rights of adults and children
who rely on public services and ensure them equal access to health and mental
health care, education, housing and employment. The nonprofit organization is
supported primarily by private foundations and individuals.
Source:
http://www.bazelon.org/newsroom/reporter/11-22-02elections.htm

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