New Hampshire Mental Health
Counselors' Association

  Legislative Updates

 

Senate TRICARE Bill Update

Hello, State Leaders:

Last week I had the foresight to see that the Senate bill, as introduced was going to pose some controversy among our members. I was quick to pull together a call for my AMHCA public policy committee as well as send out an email to our regional directors, which I asked them to forward on to state leaders. A day ago, there were numerous “chain” emails going out from a New York woman by the name of Christine Richardson. Senator Lieberman’s office saw these emails coming in great number and asked about pulling the bill. We certainly don’t want that to happen. Myself and Senate staff have followed up with Ms. Richardson to let her know that her efforts are undermining attempts to get a bill at all- much less our great attempt to broaden the TRICARE bill so it allows more counselors to practice independently.

At this moment, I have received over 300 emails from members who find this law “repugnant” and many who want “nothing” versus this. I have personally written each one of these people back. Please see the attached Question and Answers sheet that I prepared; it describes our strategy moving this bill forward. Do know my colleagues and I wrestled with whether to go with this bill or not. The conclusion we came to is that in the past we’ve never advanced with a Senate TRICARE bill; it was the IOM report that even gave this profession credence with the Senate Armed Services Committee to get a Senate bill introduced. We presently have a more “general” House bill; the language in the House bill would allow anyone licensed to practice independently. Obviously, this language is more desirable. However, to progress and get a bill out of the House and into the Senate with Senate support, we need to have this issue before Senators, and the best way to ensure something gets into an omninus defense authorization bill, which is the military funding bill leaders in both the House and Senate are currently marking up at present, is to have a bill going in both congressional bodies. Our best hope to make the bill more inclusive is to go with having a bill introduced in both the Senate and the House and then use conference as a time to iron out language tweaks between House and Senate Armed Services Committee staffers and members. Several people have written me very condescending emails, telling me that my efforts are the antithesis of helping them, that I don’t care, that I am not working for them, and that we’re better off with no bill. I beg to disagree. I am working for counselors. Working the legislature is about nurturing relationships. We have worked for weeks to build support for counselor independent practice. Most legislators are not in the weeds of the IOM report and its bullet points; our main goal is to let them know soldiers need to be seen, and our folks are competent, caring, licensed professionals there to care for them. We don’t come across as caring when we slam the Senators who introduced the legislation or ask that we get rid of the legislation after it has been introduced. And, we don’t sound competent, when we start arguing about the IOM’s bullet points. I am the first to recognize these bullet points need tweaking. I received a call today from Senate staff asking how we could tweak the CACREP one. What this tells me is 1) enough emails on that topic have been received to alert staff to the need to make the bill more inclusive as to enhance access for soldiers and their dependents, and 2) we can build support for counselors by thanking Senators for their efforts to take up this issue.

For those who say this issue should just be dropped, I say: 1) Coming on the heels of the IOM report, the IOM’s overarching recommendation that counselors be able to practice independently was favorable news- and it’s the only way the Senate Armed Services Committee (SASC) was going to allow Senators to introduce a stand-alone bill that has any chance of going into the National Defense Authorization Act and becoming law. We could just have a stand alone bill with our language introduced, and know it cannot be incorporated into any legislation and it just dies. That would just be a show; that would not result in a law or more credence for the profession. For years, the SASC has been run by the same staffers; never before did they give us a bill. Finally, they have allowed us one on the Senate side. This is a step. Why? Because it means we can give the Senators a chance to vote on this and advance this to the House where if we have good cosponsorship among legislators, there is good likelihood this can become enacted into law. Our choices are this: 1) Nothing- Have nothing on the Senate side; something on the House side. But because we have no Senate bill, House bill has no ability to get into NDAA alone-absent Senate support from SASC staff. 2) Have bills introduced in each body and at absolute worst get some counselors into TRICARE independently, acquire support of Senators who introduced bill for general counselor issues including Medicare (ie we have GOP Senator introducing this with us- at a minimum if this law were to get her behind our Medicare legislation, we’d have a needed GOP Senator to get Medicare to pass. Not having a GOP Senator support our Medicare bill was the greatest reason for its inability to get into the final health reform bill), and then go back with some counselors already under TRICARE and be able to tweak language, as these counselors have proven themselves competent to practice independently, or 3) WHAT I AM AIMING FOR NOW- Have bills introduced in House and Senate. AMHCA members support Senators who introduced bill. AMHCA members solicit Senators to sign on as cosponsors to Senate bill. Julie works behind scenes with SASC on ways to tweak language. Bill passes House and Senate with desired support; bill goes to conference. We then have leverage to argue for enhanced language of House bill. More counselors get included. Lieberman, Collins, and McCaskill like counselors. They decide to later sign onto Medicare too. Everyone lives happily ever after………

Please think before firing off these emails and encourage your members to do so too. Legislation is a muddy process. It’s not easy. It’s not fun and games. I had the foresight to prepare you for this over a week ago before it was introduced. My colleagues and I are committed to lobbying for you. We’re trying to protect you from doing things which will be detrimental to you in the long run. The best way your members can support the process is to get their legislators to sign on to S 3371. Write general letters/emails expressing the need for more counselors to serve soldiers independently. Don’t get into the weeds of TRICARE IOM report bullet points. I have this to say, “Here’s to you, kid. We’re working for you! I’m your advocate.” I am not trying to make things worse. Nor are my colleagues at NBCC and ACA. ACA’s legislative affairs director is out of the country this week. We’ve tried to alert his assistant to all the emails, calls on this issue. If you know ACA members, please reach out to them and encourage them to read my Q and A and to be informed about the process before impulsively firing off a negative email, or even a well-intentioned email, with great potential to be misconstrued.

Thank you, wise leaders. I appreciate your help!

Julie A. Clements, J.D.
Director of Legislative Affairs
American Mental Health Counselors Association
The only organization working exclusively for mental health counselors
801 N. Fairfax St., Suite 304
Alexandria, VA 22314
Phone: 800-326-2642 x 105
Fax: 703-548-4775
Website:
www.amhca.org
E-mail: jclements@amhca.org
Register today!
AMHCA Annual Conference
July 15-17, 2010 | The Westin Waterfront Hotel, Boston, MA

 

ACA/AMHCA/NBCC Update: Senate Bill Introduced on TRICARE Independent Practice Authority

The counseling profession took a significant step forward with the introduction of Senate legislation (S. 3371) that will make it easier for TRICARE beneficiaries to see a professional mental health counselor. TRICARE is the health care system for service members and their dependents, and licensed professional counselors are the only mental health professionals still required by law to see beneficiaries following physician referral and under physician supervision.

Senators Joseph Lieberman (I-CT), Claire McCaskill (D-MO) and Susan Collins (R-ME) jointly introduced the “TRICARE Mental Health Care Access Act,” S. 3371 to allow licensed professional counselors to independently treat and diagnose TRICARE beneficiaries. The American Mental Health Counselors Association, the American Counseling Association and the National Board for Certified Counselors applaud the senators for sponsoring this legislation, as it is a much-needed step forward in giving TRICARE beneficiaries better access to highly skilled outpatient mental health professionals. Our three organizations are working closely together to gain the enactment of legislative language providing counselors independent practice rights as part of this year’s National Defense Authorization Act (NDAA).

Introduction of S. 3371 comes on the heels of a recently released Institute of Medicine (IOM) report that recommends independent practice of mental health counselors in TRICARE. The Institute of Medicine’s report, titled “Provision of Mental Health Counseling Services under TRICARE,” was conducted pursuant to a request by Congress contained in the National Defense Authorization Act for Fiscal Year 2008. The IOM panel recommended granting independent practice authority for counselors who have:

  1. A master’s (or higher) degree in mental health counseling from a program accredited by the Council for Accreditation of Counseling and Related Education Programs (CACREP);
  2. Obtained state licensure in mental health counseling at the “clinical” or highest level available;
  3. Passed the National Clinical Mental Health Counselor Examination (NCMHCE); and
  4. Have a well-defined scope of practice sufficient to permit a counselor to see TRICARE beneficiaries absent primary care physician supervision and referral.

Representatives Tom Rooney (R-FL) and Mike McMahon (D-NY) introduced a similar bill, H.R. 3839, last October. The Rooney-McMahon legislation would let any counselor participating in the TRICARE program practice independently, just like clinical social workers and marriage and family therapists have done for years. The legislation is currently being cosponsored by Reps. Bordallo (GU), Courtney (CT), Israel (NY), Jones (NC), Kilpatrick (MI), McMorris Rodgers (WA), Rodriguez (TX) and Shuster (PA).

AMHCA, ACA, and NBCC are working with members of the House and Senate Armed Services Committees to gain adoption of legislative language based on H.R. 3839 and S. 3371 as part of the defense authorization legislation being considered over the coming weeks. We urge counselors to contact their representatives to ask them to cosponsor H.R. 3839, and to contact senators to ask for cosponsorship of S. 3371. The more cosponsors we have on the legislation, the greater our chances of establishing independent practice authority for as many counselors as possible within the TRICARE system.

For more information, contact Scott Barstow with ACA’s public policy office, at 800-347-6647 x234, email: sbarstow@counseling.org

This communication is considered confidential by The Mental Health Center of Greater Manchester per policy 01.07.00. It is intended solely for the parties named above.

 

HB410 update:

Legislative Alert and Call to Action. Sometime in the next three weeks, HB410 will come to a vote of the New Hampshire State Senate. HB410 would allow masters level LADAC's to perform dual diagnosis and treatment of their clients. If passed, LADAC's will not fall under the current NH Board of Mental Health Practice, or the published rules governing mental health care in our state. Rather LADAC's will be monitored and licensed by their own board which currently has no rules in place and no experience in this area. Without proper training requirements and no rules regarding supervision or qualifications for licensure to perform dual diagnosis and treatment beyond those already practiced by licensed alcohol and drug abuse counselors, this action would put the public at risk. Additionally, the standing Board of Mental Health Practice already has rules in place and an experienced governance team, so why form an additional board for LADAC's? Why not just require qualified LADAC's to apply for licensure with NH-BMHP? If you agree that these are valid concerns, we ask that you contact your state senator as soon as possible, preferably by calling or speaking with them directly, given how quickly this will come to a vote, and state your concerns.

This communication is considered confidential by The Mental Health Center of Greater Manchester per policy 01.07.00. It is intended solely for the parties named above.


 

 

Health Care Reform on Life Support:
Continue to Lobby U.S. Senators for LMHC Medicare Eligibility in Final Reform Bill

Alexandria, VA – January 22, 2010 – In the wake of Scott Brown’s ascendancy to the late Edward M. Kennedy’s Massachusetts Senate seat, Senate supporters of health care reform lack the 60 seats necessary to surmount a filibuster by health care reform opponents. To remain viable, health care reform will assume a new shape. AMHCA and its legislative coalition members continue to push for inclusion of LMHC Medicare eligibility in any final health reform package. LMHC Medicare eligibility has the support of numerous House members, House committee leadership, and House leadership.

Over the past few weeks, discussions between House and Senate staffers have revealed increased support among U.S. Senators for LMHC Medicare eligibility. AMHCA is grateful for its members’ overwhelming outreach to U.S. Senators. As a product of your lobbying efforts, a growing number of Senators are placing LMHC Medicare eligibility on their health care reform radar screens. AMHCA asks its members to continue to lobby their U.S. Senators for LMHC Medicare eligibility.

Today, the federal government reports there are 77 million Americans lacking access to mental health care. Many of these Americans are Medicare beneficiaries unable to access current Medicare outpatient mental health providers. Let your U.S. Senators know you stand ready, willing, and more than able to deliver outpatient “medically necessary” mental health care to these Medicare beneficiaries.

Ask that your U.S. Senators support The Seniors Mental Health Access Act of 2009 and its inclusion in any final health care reform bill sent to President Obama for a signature. Please call the Capitol Switchboard at (202)-224-3121 and ask to be connected to your U.S. Senators’ offices. Make sure your U.S. Senators know LMHC eligibility is necessary to the achievement of Medicare cost savings and enhanced mental health access.

Contact Julie A. Clements, J.D., AMHCA Director of Legislative Affairs, at jclements@amhca.org or 1-800-326-2642 if you have further inquiries.


 

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