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From NAMI:
Parity Laws April 25, 2005 Later this week the U.S. House of Representatives will consider legislation to vastly expand multi-employer Association Health Plans (AHPs) and undermine existing state laws that require health plans to cover treatment for mental illness on the same terms and conditions as all other illnesses -- commonly referred to as parity. This proposal (HR 525) would significantly expand the scope of a federal law (known as ERISA), that exempts self-insured employer health plans from state regulation. By expanding ERISA, HR 525 would encourage employers that currently offer health plans for their workers (and their families) to switch away from coverage that meets a parity standard, i.e. plans that cover mental illnesses the same as all other illnesses. The AHPs envisioned by HR 525 would be exempt from all state insurance laws, including: state parity laws, minimum coverage standards for mental illness treatment and other consumer protections. The supporters of AHPs assert that HR 525 would help make employer coverage more affordable and ease the growth among the uninsured. However, several recent studies have found that AHPs are not effective in reaching uninsured workers and their families and are more likely to fail as a result of insolvency. Action Requested NAMI advocates are strongly encouraged to contact their House member to urge them to oppose HR 525. Remind your House member that this well-intentioned legislation would have enormous negative consequences for workers and their families. In NAMI's view, HR 525 would: * Severely undermine the effectiveness of the 34 state mental illness insurance parity laws,
provide coverage on their own, * Place workers and their families at risk of losing coverage -- studies show that AHPs have a long history of plan failures and insolvency (AHPs would not have to meet current solvency and reserve standards enforced by state insurance commissioners). All House members can be reached by calling the Capitol Switchboard at 202-224-3121 or online through www.congress.org. Senators Press for Funding Mental Illness Criminal Justice Programs A bipartisan coalition of Senators and House members are pressing their colleagues to include funding in the FY 2006 budget for the Justice Department to support newly authorized programs to help local communities cope with the disturbing trend of "criminalization" of mental illness. These programs were authorized last year as part of legislation -- known as the Mentally Ill Criminal Offender Treatment and Crime Reduction Act (P.L. 108-414) -- that was signed into law by President Bush last fall. Under congressional rules, the authorization of a program into law is only the first step in the process and the actual appropriation of funds is required for the Justice Department to actually allocate resources. Action Needed Advocates are strongly encouraged to contact their Senators and urge them to sign on to a letter being circulated by Senator Mike DeWine (R- OH) -- the lead Senate sponsor of P.L. 108-414 -- urging full funding ($50 million) for programs authorized under the law in FY 2006. All Senate offices can be reached by calling 202-224-3121. Please remind Senators of how important it is to address the growing and disturbing trend of "criminalization" of mental illness (individuals with mental illness falling into the criminal justice system as result of lack of access to treatment and community supports). Remind them that: * P.L. 108-414 is a crime reduction program. Treatment and services are the best way to prevent involvement of juvenile and adults with serious mental illnesses with criminal justice systems. Most of these individuals are not serious, hardened criminals. Most have committed minor offenses that are a direct consequence of lack of treatment and services. * Jail diversion and community reentry services work. Research on existing programs show that they achieve remarkable results in reducing involvement with criminal justice systems and decreasing law enforcement and correctional expenditures on people with mental illnesses. * The programs authorized by P.L. 108-414 will enable law enforcement, criminal justice and court personnel to put more time and resources into fighting crime. The "Mentally Ill Offender Treatment and Crime Reduction Act" received broad-based support from criminal justice organizations nationwide, because the programs funded through this act free up law enforcement and criminal justice systems to focus on preventing and fighting crime. * Many communities are already prepared to use these funds in a constructive and effective way. Criminal justice/mental health partnerships have been established in many communities to develop strategies for jail diversion, community reentry and other services designed to reduce unnecessary incarceration of non-violent offenders with mental illnesses. Many of these communities have plans in place to effectively utilize the resources available through P.L. 108-414 in a way that will benefit youth and adults with mental illnesses and the entire community alike. Additional Background Information The tragedy of the unnecessary "criminalization" of people with serious mental illnesses is today worse than ever. On any given day, there are more people with schizophrenia, bipolar disorder, major depression, and other serious mental illnesses incarcerated in large urban jails than in any psychiatric hospitals in the country. The U.S. Department of Justice estimates that at least 16% of all jail and prison inmates in the country, more than 300,000 people, suffer from serious mental illnesses. Many of these individuals also have co-occurring substance abuse disorders. The rates of serious mental illnesses among youth in juvenile justice systems is even higher – recent research reveals that one out of every five individuals in juvenile justice facilities suffers from a serious mental illness. Many of these individuals also have substance abuse disorders. At a time when state and local governments are struggling with unprecedented budget crises, a disproportionate amount of public resources are being used to respond to people with serious mental illnesses in criminal justice systems. These resources would be better spent in developing and implementing treatment alternatives that would significantly reduce the number of people with serious mental illnesses who are entering or re-entering these systems. Promising Alternatives are Emerging Across the country, a number of innovative programs have been developed that have achieved remarkable successes in preventing or reducing criminal justice involvement of youth and adults with serious mental illnesses. Some of these are designed to divert low level offenders from incarceration into treatment. Others are designed to link people with the services they need when they are released from correctional systems so that they do not re-offend and reenter these systems. For example, many communities have adopted police crisis intervention training (CIT) programs. Modeled after the renowned Memphis program, these programs have proven effectiveness in reducing arrests, reducing injuries suffered by officers and individuals with mental illnesses, and producing positive treatment outcomes. Additionally, more than 80 communities across the country have adopted specialized mental health courts to establish treatment alternatives for low level offenders with mental illnesses. These courts have also been very successful. For juveniles, Wrap Around Milwaukee, an award winning program featured in the report of President Bush's New Freedom Commission, has been very successful in helping young people caught up or at risk of getting caught up in juvenile justice systems obtain the services and supports they need and thereby prevent their further involvement with these systems. Other communities are working as well on developing alternatives to incarceration for youth. Fostering Alternatives to Incarceration for Individuals with Serious Mental Illnesses In October, 2004, President Bush signed into law P.L. 108-414, a bill designed to reduce the unnecessary criminalization of non-violent offenders with mental illnesses by creating treatment alternatives for these individuals. P.L. 108-414 authorized $50 million for the U.S. Department of Justice to administer grants to states and local communities for a variety of purposes, including jail diversion, treatment for individuals with mental illnesses who are incarcerated, community reentry services, or cross-training of criminal justice, law enforcement and mental health personnel. Unfortunately, the bill passed too late in the year to be funded in FY 2005. Regardless, if this program is to achieve its desired purpose, it is critically important that Congress allocate the full $50 million for P.L. 108-414 in FY 2006.
Legislation to Address Chronic Homelessness & Mental Illness Introduced April 20, 2005 As NAMI advocates know first-hand, people with severe mental illness and co-occurring substance abuse disorders are disproportionately represented in the chronic homeless population. Numerous studies have demonstrated that permanent supportive housing is the most effective intervention to break the costly and destructive cycle inherent in chronic homelessness between the streets, shelters, emergency rooms and jails. Click here for more information on this research. This past week, a bipartisan coalition of Senators and House members introduced legislation to further the cause of ending chronic homelessness over the next decade. This legislation -- (S 709/HR 1471) known as the Services for Ending Long-Term Homelessness Act (SELHA) -- authorizes funding for a federal initiative to finance services in permanent supportive housing targeted to individuals exiting chronic homelessness. The legislation is designed to compliment permanent supportive housing developed in states and localities across the country with support from the U.S. Department of Housing and Urban Development (HUD). These programs include permanent housing under the McKinney-Vento Homeless Assistance Act (Shelter Plus Care and SHP) and President Bush's "Samaritan Initiative." Local communities often struggle to access these resources because of strenuous matching requirements for services directly linked to housing. The SELHA legislation would authorize funding for the critical services link in permanent supportive housing. Action Requested Advocates are strongly encouraged to contact their members of Congress and urge them to cosponsor S 709/HR 1471. Attached is a sample letter. When contacting members of Congress, remind them that: People with severe mental illness and co-occurring disorders are disproportionately represented in the chronic homeless population (those who stay homeless for a year or more), Permanent supportive housing works to end chronic homelessness by providing accessible, coordinated, and flexible services that lead to recovery and reintegration into community life. Funding for services in permanent housing is a critical link in supportive housing and is often the most difficult element for non-profit developers to pull together, and SELHA is critically important to achieving the goal of ending chronic homelessness -- a goal supported by the President, as well as governors and mayors across the country. |