LCA Government Relations Committee

Legislative Alert!!

There is light at the end of the Medicare tunnel. During this Congress, we have one bill in the Senate and two bills in the House that will greatly affect LPCs and LMFTs in Louisiana. Whether you are an LPC or an LMFT, what happens this year will affect the profession of Counseling in Louisiana.

Senate Bill 921 and House of Representatives Bill 1588 are bipartisan legislation introduced on both the House and the Senate focusing solely on expanding the pool of Medicare-covered providers of outpatient mental health providers to include LPCs and LMFTs. House Bill 1663 will expand Medicare mental health benefit by establishing coverage of state-licensed professional counselors and by reducing Medicare’s discriminatory 50%co-payment requirement for outpatient mental health care.

We need you to telephone, fax, or email your Senator and your Representative! It is important that the Louisiana Delegation hears from as many of Louisiana’s counselors as possible. Please do it today!

A suggested message for your Representative: I am writing to ask that sign on as a cosponsor of two important bills to improve coverage of mental health care: H.R. 1588 and H.R.1663. Both bills will improve mental health access for Medicare beneficiaries in Louisiana.

A suggested message for your Senator: I am writing to ask that sign on as a cosponsor of an important bill to improve coverage of mental health care: S. 921. This bill will improve mental health access for Medicare beneficiaries in Louisiana.

Contact Information*:

• Senator Landrieu
  202 224-5824 • fax 202 224-9735 • www.landrieu.senate.gov
• Senator Vitter
  202 224-4623 • fax 202 228-5061 • www.vitter.senate.gov
• Representative Jindal
  202 225-3015 • fax 202 226-0386 • www.house.gov/jindal
• Representative Jefferson
  202 225-6636 • fax 202 225-1988 • www.house.gov/jefferson
• Representative Melancon
  202 225-4031 • fax 202 226-3944 • www.house.gov/melancon
• Representative McCrery
  202 225-2777 • fax 202 225-8039 • mccrery.house.gov
• Representative Alexander
  202 225 8490 • fax 202 225 5639 • www.house.gov/alexander
• Representative Baker
  202 225-3901 • fax 202 225-7313 • www.baker.house.gov
• Representative Boustany
  202 225-2031 • fax 202 225-5724 • www.house.gov/boustany
• *If you are emailing a message, use the 'Contact Me' button on their webpages.

We are counting on the LPCs and LMFTs to make themselves heard NOW!

Diane Austin, LCA Executive Director

Follow this link to find your local representatives
in the Lousiana State Government and to get
up-to-date information on legislation.

ACA/AMHCA UPDATE: House Passes Historic Parity Legislation! - March 18, 2008

On March 5th the House of Representatives passed comprehensive legislation requiring private health insurance plans to use the same treatment limitations and financial requirements for mental health and addictive disorder coverage as is used for substantially all other covered services. H.R. 1424, the “Paul Wellstone Mental Health and Addiction Equity Act of 2007,” introduced by Representatives Patrick Kennedy (D-RI) and Jim Ramstad (R-MN), was passed with strong bipartisan support by a vote of 268-148. (House members’ votes are listed online at http://clerk.house.gov/evs/2008/roll101.xml.) The legislation is named for the late Senator Paul Wellstone of Minnesota, a tireless advocate for Americans with mental illness.

House passage of H.R. 1424 is an historic step forward for mental health and addiction treatment advocates, and comes after years of hard work by the mental health and addictive disorder advocacy community. Although similar in many respects to legislation passed last year by the Senate, H.R. 1424 provides more consumer protections by requiring plans covering mental and addictive disorder treatments to cover the full range of disorders recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM)—the same range of disorders as is covered for members of Congress and all other federal employees under long-standing requirements for Federal Employee Health Benefits Program (FEHBP) policies. Unlike the Senate’s bill, H.R. 1424 also stipulates that health plan covering out-of-network services for medical and surgical benefits must also offer out-of-network coverage for mental health and addictive disorder benefits. This requirement applies for both outpatient and inpatient care.

ACA and AMHCA applaud Representatives Patrick Kennedy (D-RI) and Jim Ramstad (R-MN) for their long, hard, heroic work in gaining House passage of H.R. 1424. During floor debate, both Kennedy and Ramstad spoke about their own personal battles with mental and addictive disorders, their treatment, and how their treatment has enabled them to lead productive lives. ACA and AMHCA also thank those counselors who took the time to contact their representative on this issue.

Attention now shifts to House-Senate negotiations to reconcile their chambers’ versions of the parity legislation.  Like the business community, the Bush administration argued in favor of the weaker Senate version, issuing a statement of policy expressing opposition to H.R. 1424.  Despite this, ACA, AMHCA and other mental health and addictive disorder advocates are now working to build upon the strong bipartisan support for H.R. 1424 and the unanimous passage last year of the Senate’s bill, to encourage the development and enactment of parity legislation that provides consumer protections that are as strong as possible. 

For more information on this issue—or to find out how you can help—contact Scott Barstow with ACA at 800-347-6647 x234, or at sbarstow@counseling.org, or Beth Powell with the American Mental Health Counselors Association at 703-548-6002 x105, or at bpowell@amhca.org.  [We also have information on this issue on our websites at http://www.counseling.org/publicpolicy and http://capwiz.com/counseling.]

ACA ALERT: Congress Passes Massive Spending Bill; Adjourns for the Year - Dec. 22, 2007

Nearly three months into the new fiscal year, Congress finally approved this week a massive $473.5-billion omnibus spending bill. President Bush has said that he will sign the measure. The bill (H.R. 2764) is known as an omnibus because it encompasses 11 of the 12 annual spending bills, including funding for labor, health and education programs, for FY 2008 (the Department of Defense spending bill was signed into law earlier this year).

While the omnibus bill provides an increase of $1.94 billion for Department of Education programs above last year's funding-- Pell grants will receive a slight increase and there is increased funding for a few programs under No Child Left Behind-- it either level funds or cuts a majority of the student financial aid programs and most other NCLB programs by 1.7% for a total of $501 million.

One the bright side, the omnibus bill provides the Elementary and Secondary School Counseling Program (ESSCP) with $48.6 million for next year. This is a $14 million increase over last year, and the highest funding level yet for the program! Funding the ESSCP at $48.6 million will, for the first time, allow middle and high schools to apply for grants. Historically, the ESSCP has provided provides grants only for
elementary schools (e.g., K-5) because the statutory trigger of $40 million has never been met. Funds beyond $40 million, the base amount for elementary programs, may then be used in middle and high schools. Under the omnibus spending bill, $8.6 million will now be available for secondary schools beginning next year. The Department of Education is currently accepting application for the 2008-09 school year (visit www.ed.gov/programs/elseccounseling/applicant.html for more information and to apply).

ACA/AMHCA ALERT: 2nd House Committee Approves Parity Bill! - Sept. 29, 2007

On Wednesday, September 26th, the House Ways & Means Committee approved landmark legislation to require private-sector health plans to cover mental health and addictive disorder services on par with other types of services. The bill—H.R. 1424, the “Paul Wellstone Mental Health and Addiction Equity Act,” sponsored by Reps. Patrick Kennedy (D-RI) and Jim Ramstad (R-MN)—was passed with strong bipartisan support by a vote of 27 to 13.

The legislation is similar to, but even stronger than, similar legislation passed last week by unanimous consent in the Senate. In a day-long mark-up session, the Ways & Means Committee defeated a series of amendments offered by Republicans to weaken the legislation, including by replacing the text of H.R. 1424 with the bill passed by the Senate.

Now that the Ways and Means Committee has concluded with its consideration of H.R. 1424, the bill will move to the House Energy and Commerce Committee, the third and final committee with jurisdiction over the bill. While the Committee had tentatively scheduled a mark up of the bill for next week, it now appears that Energy & Commerce Committee consideration will be pushed back slightly later in October.

ACA and AMHCA thank their members who contacted Ways & Means Committee members in support of H.R. 1424, and against weakening amendments. Please stay tuned for additional alerts and updates over the coming weeks; gaining passage of H.R. 1424 will require substantial grassroots support.

Please feel free to contact either Scott Barstow at ACA (800.347.6647 x234, sbarstow@counseling.org) or Beth Powell with AMHCA (800-326-2642 x105, bpowell@amhca.org) should you have any questions.

ACA/AMHCA ALERT: Make Parity a Priority! Help Pass H.R. 1424 - Sept. 13, 2007

ACA is working with the American Mental Health Counselors Association and a wide range of mental health and addictive disorder organizations to promote the enactment of insurance parity legislation.  More than 30 million Americans suffer from some form of mental illness, yet many can’t get the help they need because of arbitrary and discriminatory health insurance policy limits on coverage.  Health plans frequently impose higher copays and deductibles, restrictive day and visit limits and lower annual and lifetime caps on people seeking mental health services.  For some mental and addictive disorders, they may not provide health insurance coverage at all.  It’s time Congress changed the way health plans treat Americans suffering from mental illness and addiction.

H.R. 1424, the “Paul Wellstone Mental Health and Addiction Equity Act of 2007,” would eliminate unfair barriers in health coverage for mental illness and addiction, and help millions of Americans gain access to treatments that can help restore health and productivity.  The legislation is sponsored by Reps. Patrick Kennedy (D-RI) and Jim Ramstad (R-MN). 

Unfortunately, time is running out for Congress to pass H.R. 1424.  Congress has a very crowded “to-do” list for the rest of the year, and ACA is joining other organizations in urging the House leadership to make passage of parity legislation a priority.  House passage is needed to allow parity legislation to be conferenced with a similar parity bill pending in the Senate.

Members of the parity coalition have pooled their resources to establish a TOLL-FREE PHONE NUMBER for advocates to use in calling for House passage of a parity bill.  Starting SEPTEMBER 18TH, CALL  1-877-978-9996  and deliver the following message to Speaker Nancy Pelosi:

• Parity in insurance coverage for mental illness and addiction is a priority for me and the millions of American families affected by these disorders.
• Please schedule a vote on HR 1424 by mid-October.

When you call the number, you will hear a brief message regarding the parity legislation and what we’re trying to accomplish, and then will be connected with Speaker Pelosi’s office.

Please feel free to contact either Scott Barstow at ACA (800.347.6647 x234, sbarstow@counseling.org) or Beth Powell with AMHCA (800-326-2642 x105, bpowell@amhca.org) should you have any questions.

ACA UPDATE: House Education & Labor Committee Approves Mental Health Parity Bill! - July 18, 2007
Added: July 19, 2007

This morning the House Education and Labor Committee approved mental health and addictive disorder parity legislation, based on H.R.1424, the “Paul Wellstone Mental Health and Addiction Equity Act of 2007.”  Today’s committee vote is a significant step forward for ACA and other mental health and addictive disorder advocacy organizations. 

Although mental and addictive disorders are as real, as damaging, and as treatable as other types of medical conditions, health plans have historically restricted coverage for behavioral health care, relying on the lingering stigma associated with such treatment to allow the use of discriminatory coverage policies.  Most states have enacted mental health parity laws, but these laws vary considerably and don’t apply to self-insured health plans.  Current federal law requires parity of dollar coverage limits for mental health care, but allows plans to continue placing arbitrary limits on the number of outpatient or inpatient treatment sessions covered, and to require higher deductibles and copayments for mental health care. 

H.R. 1424 would go far beyond the existing federal law by prohibiting plans from using treatment limitations or financial requirements for mental health and addictive disorder coverage that aren’t used for substantially all other types of care.  The legislation was referred to three House committees: the Education and Labor Committee, the Energy and Commerce Committee, and the Ways & Means Committee.  Approval by these committees must occur before the legislation can be brought up for a vote on the House floor.

Only one amendment was considered prior to the committee’s vote on final approval of the parity bill.  The committee rejected—by a 16-27 vote—an amendment by Rep. John Kline (R-MN) to adopt a weaker parity bill being considered in the Senate (based on Senate bill S. 558), which would preempt some state mental health and addictive disorder parity laws and allow plans to cover fewer conditions than are covered under federal employee health plans. 

Following the rejection of the amendment to weaken the legislation, the committee voted 33-9 to approve the bill as presented by committee chairman George Miller (D-CA).  Two committee Republicans joined their Democratic colleagues in defeating the Kline amendment to weaken the bill’s language, and six more Republicans joined committee Democrats in voting for final approval of the bill after the Kline amendment was defeated.  

The Wellstone Mental Health and Addiction Equity Act will next be considered by the remaining two House committees with jurisdiction, meaning our work is far from over.  ACA is working in coordination with several other advocacy organizations to gain passage of mental health parity legislation in both the House and the Senate, in order to reach the ultimate goal of enactment of as strong a federal parity law as possible.

To find out how specific Representatives voted on the legislation in the Education and Labor Committee, or for more information, contact:

Scott Barstow
Director of Public Policy and Legislation
American Counseling Association
5999 Stevenson Avenue
Alexandria, VA  22304
703.823.9800 x234
800.347.6647
sbarstow@counseling.org