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Children's Mental Health Site of the Month

 

 

NAMI Santa Cruz County

 

 

 

 

           Updated on 04.28.2004

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Legislation  (click on underlined link for full story)
bulletNote:  for recent legislation updates, click here.

Legislation News from 2002

bullet The Department of Health and Human Services (HHS) announced new grants to help 10 communities build capacity for jail diversion programs.
Status of health care access in America: a crisis unfolding.
bullet Social Security recipients will get the smallest increase in their benefit checks in four years come January, a 1.4 percent rise.
bullet Congress criticised for failing to provide easier access to low cost generic drugs.
bullet The Democratic National Committee announced the launch of the DNC's Disability Outreach office's new website: www.democrats.org/disability.
bullet Federal Circuit Court of Appeals that has affirmed that individuals can sue a state for money damages under Title II of the ADA.
bullet October is National Disability Employment Awareness Month.  President Bush's Proclaimation.
bulletLaura's law passes in California.
bullet Free mental health services for the poor have disappeared with recent mental health cuts, as poor are routinely referred to private mental health care providers.
bulletOn Aug. 29, 2002, in a move that some call a civil rights infringement, the California Senate approved a measure allowing courts to force mentally ill patients into treatment.
bullet On Aug. 9, 2002, the U.S. Department of Health and Human Services (HHS) announced the release of its final rules governing the privacy of medical records.
bullet The American Association of People with Disabilities (AAPD) has joined as a plaintiff in a lawsuit challenging the failure of the Department of Health and Human Services (HHS) to implement an
appeals process for Medicare National Coverage Determinations (NCDs) as required by Congress.
bullet The Department of Health and Human Services has created a new disability office designed to help coordinate and implement President Bush's New Freedom Initiative.
bullet The Department of Transportation has made available a disability hot-line for travel related disability issues.
bullet The U.S. Department of Justice (DOJ) has announced the availability of $4 million to fund Mental Health Court programs.
bullet Democratic National Committee Chairman Terry McAuliffe today called President Bush's recently-issued "homebound" Medicare policy changes misguided, inadequate and simply rhetorical.
bullet The Bureau of Justice Assistance (BJA) of the U.S. Department of Justice (DOJ) has announced the availability of $4 million to fund Mental Health Court programs.
bullet New Feedom Commission subcommittee on Consumer Issues agenda items.
bullet Senate Veterans' Affairs Committee hearing on the Department of Veterans Affairs (VA) ability to deliver quality mental health care to our nation's veterans with mental illness.
bullet Congress is working on the $136.7 billion FY 2003 Education appropriations bill which includes  important increases for mental illness research and services programs, including the National Institute of Mental Health (NIMH) and the Center for Mental Health Services (CMHS).
bullet Bush administration announces a $350 million joint venture by three federal agencies to weave together housing and social services for homeless people.
bullet Update on California AB 1421 Involuntary commitment bill in the 2002 legislative session.
bullet Mental Health Parity law likely to pass this year.
bullet Report of the President's Commission on Excellence in Special Education to the Senate Health Education Labor and Pensions committee on July 9, 2002.
bullet Ticket to Work Incentives Advisory Panel Releases Final Report
bullet Congress Shifting Position on Medicare Payment Increases
bullet Decisions this year, continue to show Supreme Court bias against the Americans with Disabilities act.
bullet New White House staff member for the New Freedom Initiative.
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On June 25th,2002, legislation was passed to create new protections for SSI and SSDI beneficiaries.

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The Supreme Court barred Americans from seeking punitive damages from cities and government boards that refuse to build wheelchair ramps and make other accommodations for the disabled.

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The Criminal Justice and Mental Health Consensus Project has been working for two years and in June, 2002, released a 400+ page report.

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Raymond Nimmo won a £40,000 settlement against his GP who  prescribed valium to him for 14 years despite increasingly serious side effects.

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The Democratic National Committee (DNC) announces the appointment of Becky Ogle to lead the DNC's new Disability Outreach Initiative.

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On June 14, 2002, the Centers for Medicare and Medicaid Services (CMS) released final regulations governing state Medicaid managed care programs.

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The backlog of pending claims for disability benefits is nearing crisis levels and the Social Security Administration's repeated attempts to overhaul the system have failed, a congressional agency said on June 11, 2002.

 

Legislation News from 2001

 
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The American Iatrogenic Association opposes the appointment of psychiatrist Sally Satel, MD to the advisory board for the Center for Mental Health Services.

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Vermont is about to become the first state to take aim at drug companies' practice of lavishing everything from ball point pens to free trips on doctors and nurses.

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Contra Costa County mental health services are overloaded and unable to support all their mental health clients.

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The White House officially announced appointments to the New Freedom Initiative Commission on Mental health Services.

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Drug Company Sued for Promoting Drugs in Exam Rooms - Unethical drug company reps were found paying physicians to prescribe for non-approved indications, a drug that earned $2 billion dollars a year.

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President Bush supports Mental Health Parity.

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Dr. David Healy Settles Lawsuit With University of Toronto.

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Inmate sues for humane treatment: Is this a new recourse for those suffering from forced treatment and restraint?

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The U.S. Department of Education’s Rehabilitation Services Administration (RSA) has awarded a five-year grant to establish Proyecto Vision, the National Technical Assistance Center for Latinos with Disabilities living in the USA.

bullet

HHS Secretary Tommy G. Thompson presented President Bush with reports from nine federal agencies outlining more than 400 specific solutions that the agencies can implement to support community living for the nearly 54 million Americans living with disabilities.

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Psychiatric News (journal of the American Psychiatric Association) article on Bush's proposed termination of mental health consumer technical assistance includes Support Coalition's charges against NAMI.

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The AMA advocates for mental health parity.

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California AB 2328 redefines who can give informed consent for medical experiments.

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On March 26th, HUD announced the availability of funding to expand affordable housing opportunities for people with mental illnesses and other disabilities.

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In what could lead to a swell of court challenges, the 9th U.S. Circuit Court of Appeals ruled that the Americans with Disabilities Act applies to California parole decisions.

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Crisis Intervention Training of law enforcement officers is showing results.

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Supreme Court Justice Sandra Day O'Connor says the high court's heavy load of disability rights cases is the result of holes in a 1990 landmark civil rights law.

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Cuts will terminate the activities of five technical assistance centers once the Fiscal 2001 funding is exhausted. Three of the centers--the National Empowerment Center in Massachusetts, the National Mental Health Consumers Self-Help Clearinghouse in Pennsylvania, and the Consumer Organization and Networking Technical Assistance Center (CONTAC) in West Virginia--are run by consumers. 

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Supreme Court Narrows Reach of Disability Law when they ruled that to qualify as disabled, and therefore to be protected by the Americans With Disabilities Act, a person must have substantial limitations on abilities that are "central to daily life,'' and not only to life in the workplace.

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Medi-Cal requires counties to provide community services to children diagnosed with mental illness.

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HHS issues preliminary report on the Olmstead Disability Community Integration Plan.

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The Supreme Court will consider this spring if cities should be shielded from some lawsuits by the disabled, another case that could narrow a federal disability law.

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The National Governors Association (NGA) is asking for a $5.5 billion relief package to prevent cutbacks in Medicaid, the troubled program that provides health care to the poor.

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White House progress report on the implementation of the Olmstead Act: signed in June 2001 to promote community-based alternatives for people with severe disabilities, including children and adults with severe mental illnesses.

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Federal Court strikes down boundary between physical and mental illness, with impact on  both health and long-term disability insurance. 

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MEDI-CAL focus group reports on Services in Santa Cruz County.

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Efforts to prevent repeal of the Santa Cruz County utility tax failed and so County Mental Health services faces cuts next year.

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The U.S. District Court for the District of Columbia has opened a breach in the artificial wall that has long separated coverage of physical and mental illnesses in insurance policies. 

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The US has seen a rise in awareness and in the use of psychiatric advance directives since this article was published several years ago. 

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Alberta considers forced medication legislation.

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SAMHSA makes $13 Million available for grants for community based health services.

bullet

MEDI-CAL focus group reports on Services in Santa Cruz County.

bullet

Federal Budget proposal for Fy 2003 released.

bullet

Ticket to Work Program starts providing people with disabilities with more choices and expanded work opportunities.

bullet

Supreme Court Narrows Reach of Disability Law when they ruled that to qualify as disabled, and therefore to be protected by the Americans With Disabilities Act, a person must have substantial limitations on abilities that are "central to daily life,'' and not only to life in the workplace.

bullet

The Supreme Court will consider this spring if cities should be shielded from some lawsuits by the disabled, another case that could narrow a federal disability law.

bullet

The Social Security Administration (SSA) published final regulations for the new "Ticket" program authorized by Congress under the 1999 Ticket to Work and Work Incentives Improvement Act. 

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White House progress report on the implementation of the Olmstead Act: signed in June 2001 to promote community-based alternatives for people with severe disabilities, including children and adults with severe mental illnesses.

bullet

Mental Health Court: a Los Angeles County attempt to rescue troubled teenagers from criminal activity has the potential to transform how the nation's largest juvenile justice system treats youths with mental illness.

bulletIn a 9-0 decision, the Supreme Court ruled that a business can deny a job to a person with a disability if that job would pose health risks for the individual in question.
bullet Summary of assisted treatment standards for involuntary commitment and out-patient treatment in the 50 states and District of Columbia.
bulletAnalysis by the Congressional Budget Office indicates that mental health parity legislation will not result in huge health care premium increases.
bulletReport on Senate Hearing on IDEA focusing on behavioral supports in schools and discipline.
bullet Senators Clinton, Snowe, Mikulski and Breaux introduced the Lifespan Respite Care Act of 2002 on Thursday May 9, 2002.
bulletJames F. Brennan (D-Brooklyn) will be submitting new legislation to transfer the responsibility of oversight of adult homes with a significant number of residents who have a history of mental illness from the State Department of Health to the Office of Mental Health.
bullet Federal budget cuts target consumer non-profits. Cuts will terminate the activities of five technical assistance centers once the Fiscal 2001 funding is exhausted. Three of the centers--the National Empowerment Center in Massachusetts, the National Mental Health Consumers Self-Help Clearinghouse in Pennsylvania, and the Consumer Organization and Networking Technical Assistance Center (CONTAC) in West Virginia--are run by consumers. 
bullet Supreme Court Justice Sandra Day O'Connor says the high court's heavy load of disability rights cases is the result of holes in a 1990 landmark civil rights law.
bulletIn what could lead to a swell of court challenges, the 9th U.S. Circuit Court of Appeals ruled Friday that the Americans with Disabilities Act applies to California parole decisions.
bullet Federal Budget proposal for Fy 2003 released.
bullet Ticket to Work Program starts providing people with disabilities with more choices and expanded work opportunities.
bulletSupreme Court Narrows Reach of Disability Law when they ruled that to qualify as disabled, and therefore to be protected by the Americans With Disabilities Act, a person must have substantial limitations on abilities that are "central to daily life,'' and not only to life in the workplace.
bullet Mental Health Court: a Los Angeles County attempt to rescue troubled teenagers from criminal activity has the potential to transform how the nation's largest juvenile justice system treats youths with mental illness.
bulletThe Supreme Court will consider this spring if cities should be shielded from some lawsuits by the disabled, another case that could narrow a federal disability law.
bulletThe National Governors Association (NGA) is asking for a $5.5 billion relief package to prevent cutbacks in Medicaid, the troubled program that provides health care to the poor.
bullet The Social Security Administration (SSA) published final regulations for the new "Ticket" program authorized by Congress under the 1999 Ticket to Work and Work Incentives Improvement Act. 
bullet White House progress report on the implementation of the Olmstead Act: signed in June 2001 to promote community-based alternatives for people with severe disabilities, including children and adults with severe mental illnesses.
bullet Medi-Cal requires counties to provide community services to children diagnosed with mental illness.
bulletHHS issues preliminary report on the Olmstead Disability Community Integration Plan.
bullet On August 27, 2001, NAMI submitted comments to the Bush Administration on the president's Executive Order on the landmark LC vs Olmstead decision.
bullet S 543, the Mental Health Parity bill, will cost employers just 1 percent, or $1.32 per enrollee per month, according to a PricewaterhouseCoopers analysis.
bullet The House of Representatives, on August 3, 2001, approved a modified  version  of a bipartisan patients' bill of rights that would create new federal  rights for millions of Americans enrolled in managed care plans, after  revising the legislation to limit lawsuits against insurance companies. 
bullet NAMI Legislative papers - summarizes NAMI positions on current federal legislation.
bulletBazelon Center legislative alerts - while Congress is on recess, contact your representatives regarding mental health legislation, such as mental health parity, access to appropriate mental health care for children, special education, and jail diversion programs for mentally ill offenders.  Note: some survivor groups voice concerns about these bills. 
bullet The Bush Administration has proposed a Health Insurance Flexibility and Accountability Demonstration Initiative - Bazelon Analysis.
bullet Some states still bar certain mentally ill patients from voting - this Maine decision strikes down such a provision in their state constitution.
bullet On June 28, a bipartisan coalition of House members led by Jim Greenwood(R-PA) and Marcy Kaptur (D-OH) introduced HR 2363, legislation that would establish regional consumer-run support centers to assist States, HMOs and other entities involved in the development of peer-support activities.
bullet As part of legislation covering the FY 2002 budget for the U.S. Department of Justice, the Senate Appropriations Committee has proposed allocating $5 million for a new program to support local "Mental Health Courts" to divert non-violent offenders with severe mental illness out of the criminal justice system. Consumer's express some concerns about these courts.
bullet U.S. Department of Health & Human Services releases guidance on patient privacy standards. 
bulletA Senate committee has passed legislation that will continue to give a windfall to the pharmaceutical industry while failing to assure that all drugs likely to be used in children will be tested for safety prior to marketing - new report by Public Citizen.  (Aug 1, 2001)
bulletBy a unanimous 21-0 vote August 1, 2001,  the Senate Health, Education, Labor and Pensions (HELP) Committee favorably reported S 543, the Mental Health Equitable Treatment Act, out of committee and on to the full Senate.
bullet Congressman Patrick Kennedy (D-R.I), announced legislation Monday (July 9, 2001) that would funnel $250 million to create a federal program to get child care and preschool operators to identify and treat children under age 5 with mental health programs.
bulletOn June 28, two important pieces of legislation were introduced in the House of Representatives, that would extend evidence-based treatment such as PACT under the Medicaid Program and would establish regional consumer-run support centers to assist States, HMOs and other entities involved in the development of peer-support activities. 
bullet On Friday, June 22, 2001,  Assemblywoman Helen Thomson withdrew her bill, AB 1421 for consideration this year due to lack of Senate support and budget funding.
bulletSenate Bill S 543 would Provide Full Parity for All Mental Disorders. This bipartisan legislation in the U.S. Senate would eliminate health-insurance companies’ discrimination between mental health and medical/surgical care. Notably, The Mental Health Equitable Treatment Act of 2001 (S. 543) would level the health-coverage playing field by prohibiting companies’ practice of providing unequal benefits and financial requirements. Mental health advocates should urge their Senators to co-sponsor S. 543. Read this June 12, 2001 Action Alert from the Bazelon Center and a list of the 30 current sponsors.  Click here for updates on status of parity bills in the U.S.
bullet Senate overwhelmingly passes the reauthorization of S 1, the Elementary and Secondary Education Act (ESEA). ESEA is a large public education bill that includes funding for such things as Title I, school repairs, technology in the classroom, and charter schools. 
bullet On June 19, President George W. Bush signed an executive order to strengthen the implementation of the Supreme Court's Olmstead decision. 
bullet California Assembly Judiciary Committee passes AB 1421, which next will be heard by the Assembly Appropriations Committee on May 23rd.  AB 1422 was passed by the Assembly Health Committee and will also go to the Assembly Appropriations Committee.  (May 9, 2001)
bullet AB 1421, AB 1422, AB 1423 and AB 1424 passed the California Assembly on June 6, 2001.  Get the latest status by searching for 1421 on California Assembly website.
bullet HCFA Revises Final Interim Rules on Use of Restraint and Seclusion in Psychiatric Residential Treatment Facilities for Children and Adolescents. (May 23, 2001)
bullet Senator Jeff Sessions (R-Ala) has filed two amendments to modify the discipline provisions within the IDEA. One or both of these amendments is expected to be offered next week (as early as Monday) during consideration of S.1, the reauthorization of the Elementary and Secondary Education Act. The amendments would gut the due process protections for students with disabilities enacted by a Republican controlled Congress in 1997. The net result of either or both of these provisions is to segregate or exclude students with disabilities.
bullet California Assembly Judiciary Committee passes AB 1421, which next will be heard by the Assembly Appropriations Committee on May 23rd.  AB 1422 was passed by the Assembly Health Committee and will also go to the Assembly Appropriations Committee. 
bullet Full Mental Health Parity bill introduced in U.S. Congress - The new bill, the Mental Health Equitable Treatment Act of 2001 (S 543), would expand the very modest Mental Health Parity Act of 1996 and provide full parity in insurance coverage for serious brain disorders. 
bullet California Bills AB 1421, AB 1422, AB 1423, AB 1424 & AB 1425: These bills raise some issues but address the urgent need to improve MH services.  NAMI has come out strongly in favor of these bills, but the California Network of Mental Health Clients urges action against AB 1421.   
Click here for NAMI Position.
Click here for California Network of Mental Health Clients Position.
Click here for Tom Barresi's rebuttal to the CNMHC Position.   (April 10, 2001)

 

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