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To find a list of Federal Officials/Representatives for your area, Click Here and input your zip code. California Government Click Here and either zoom in on your area on the map or input your address.

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From the National Alliance on Mental Illness:

Mental Health: The Candidates and Party Platforms

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From The Bazelon Center for Mental Health Law www.bazelon.org

Often Disenfranchised, People with Mental Disabilities Can Assert Their Voting Rights

Washington DC, October 7, 2008-”Vote. It’s Your Right.” So states the title of a guide for people with mental disabilities issued today by two national advocacy groups. The booklet written for voters with mental disabilities and their advocates also informs elections officials and mental health providers about laws that affect voting by individuals with mental disabilities.

“There is a widespread myth that people with mental disabilities shouldn’t vote,” said Jennifer Mathis, deputy legal director of the Bazelon Center for Mental Health Law and a principal author of the guide.

“Such arbitrary disenfranchisement violates federal law,” Mathis added. “We produced this guide to provide needed clarity and ensure that people with mental disabilities can exercise their right to vote like every other citizen.”

The guide was developed by the Bazelon Center and the National Disability Rights Network, national nonprofits representing people with mental illnesses and intellectual disabilities. It focuses on four main areas: 1) voter-competence requirements, 2) state photo-ID laws, 3) voter challenges and 4) providing help to voters with disabilities. It explains which federal laws apply and includes a list of key legal principles and a chart citing each state’s laws that affect the voting rights of people with mental disabilities.

All but 11 states have some type of law limiting voting rights based on competence, although more than half allow a court to take away someone’s right to vote only if it specifically finds that the person lacks the capacity to vote. However, even in states without such laws, actions by election officials or staff at hospitals, nursing homes or group homes often deprive residents of access to the ballot. The guide cites the example of a Veterans Administration nursing home that refused to permit volunteers to help residents register (noting that the VA recently modified that policy).

“Only a court can decide that someone is not competent to vote,” the guide points out. It recommends that a voter who is told by a poll worker that he or she may not vote “ask to vote a provisional ballot before leaving the polling place.”

Accompanying the guide are two flyers: one explaining their voting rights to people with mental disabilities and another informing election officials and service providers how help can be provided to a voter with mental disabilities, and by whom.

Vote. It’s Your Right. and the flyers are available as PDFs to download from the Bazelon Center’s website at http://www.bazelon.org/issues/voting.  Print copies can be purchased online via a link from that page, with bulk discounts available, or by contacting pubs@bazelon.org for information.

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From Mental Health America

New Toolkit Helps Advocates Promote Mental Health in 2008 Elections

As this fall’s election season approaches, we are constantly reminded of the important role our federal, state and local representatives play in the future of America’s mental health. Yet many of our nation’s elected officials fail to recognize mental health and its accompanying problems as top priorities.

That’s why earlier this year, Mental Health America developed an “Election Toolkit,” designed to help mental health consumers, advocates and its affiliate field raise the profile of mental health in the 2008 presidential, congressional and gubernatorial elections.

The Election Toolkit addresses many of our nation’s most urgent mental health issues such as assistance to veterans, barriers to care, recovery and consumer-oriented services, integration of mental and overall health care and more.

It includes questions for candidates, a sample press release, op-eds, talking points, advocacy tips, email signatures, instructions for a viral petition campaign and ready-to-print signs and banners.

Mental Health America strongly encourages its affiliates and local and national stakeholders to make use of these resources. Together, we can position mental health as an important issue in the election process and ensure that candidates articulate solutions to the critical mental health problems facing our nation. The toolkit is available to MHA affiliates through the affiliate login at www.mentalhealthamerica.net  The public can also take advantage of advocacy tools for contacting candidates at http://takeaction.mentalhealthamerica.net

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Mental Health America News Release October 3, 2008

Mental Health America Hails Approval of Federal Parity Legislation

Bill Broadly Outlaws Health Insurance Discrimination; Recognizes Importance of Mental Health to Overall Health

Mental Health America today hailed as “a great civil rights victory” the approval of mental health parity legislation that will broadly outlaw health insurance discrimination against Americans with mental health and substance-use conditions in employer-sponsored health plans.

The legislation, which recognizes the importance of mental health to overall health, bans employers and insurers from imposing stricter limits on coverage for mental health and substance-use conditions than those set for other health problems. It will provide parity for 82 million Americans covered by self-insured plans and another 31 million in plans that are subject to state regulation.

It is estimated that roughly 67 percent of adults and 80 percent of children requiring mental health services do not receive help, in large part because of discriminatory insurance practices

Mental Health America, which has worked for years to pass mental health parity, applauded Senators Edward Kennedy (D-Mass.) and Pete Domenici (R-N.M.) and Representatives Patrick Kennedy (D-R.I.) and Jim Ramstad (R-Minn.), as well as Senate and House leadership key committee chairmen for championing the legislation and their long-standing commitment to ending this civil rights inequity. This victory also owes much to tireless champions such as Rosalyn Carter, David Wellstone and tens of thousands of Americans who have pressed for this historic reform.

“This is a historic day and a great civil rights victory for millions of Americans who have been unable to access mental health treatment,” said David Shern, Ph.D., president and CEO of Mental Health America. “With approval of this bill, we will tear down the walls of stigma and discrimination and the open the doors to the power and promise of treatment and recovery. It recognizes that mental health disorders are every bit as debilitating, and just as treatable, as cancer and diabetes.

“With economic problems making it even harder for Americans to afford treatment and driving up rates of depression and family difficulties, passage of this law is even more important.”

The legislation, called the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, builds on the enactment of the Americans with Disabilities Act and the recent approval of Medicare legislation that reduces discriminatory co-payments for mental health services. Dr. Shern said the law’s approval should spur further action to improve mental healthcare.

“This law sends a powerful message that we as a nation must address mental health conditions with the same urgency as other health problems,” he said. “We must continue to enact policies that embrace that principle.”

The legislation applies to group health plans of 51 or more employees.  The bill takes the following steps:
- There is no requirement as to what conditions must be covered. But when a mental health or substance-use condition is covered, it must be at parity with medical coverage (except to the extent that a state parity law requires broader coverage). Specifically, it prohibits group health plans that offer coverage for any mental health or substance-use conditions from imposing treatment limitations and financial requirements on those benefits that are stricter than for medical and surgical benefits.
- If a plan offers out-of-network benefits for medical or surgical care, it must also offer out-of-network coverage for mental health and addiction treatment and provide services at parity.
- Strong state parity and consumer protection laws are preserved while extending parity protection to 82 million more people who are not protected by state laws and 31 million in plans that are subject to state regulation.

State parity laws vary widely from state to state (for a map of state laws, visit www.mentalhealthamerica.net/go/parity/states).

The legislation also establishes an important oversight mechanism to determine if insurers are discriminating against certain conditions or failing to cover some treatments.

In 2007, Mental Health America helped mount a nationwide tour that galvanized support for mental health parity.  Led by Reps. Kennedy and Ramstad, the series of town hall meetings heard testimony from Americans living with mental illnesses, business leaders who have benefited from workplace mental health programs, experts on mental health and addiction, and administrators of programs that bear the huge cost of untreated mental illness.

For fact sheets on the legislation and more information, go to www.mentalhealthamerica.net/go/parity.

Mental Health America is the country’s leading nonprofit dedicated to helping ALL people live mentally healthier lives. With our more than 320 affiliates nationwide, we represent a growing movement of Americans who promote mental wellness for the health and well-being of the nation – everyday and in times of crisis.

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From Bazelon Center for Mental Health Law

People with Disabilities Recover Federal Rights Protections

September 25, 2008-The Bazelon Center for Mental Health Law hails the signing today of the ADA Amendments Act (ADAAA) of 2008.  The ADAAA ensures that the protections of the Americans with Disabilities Act will once again be available to the many people with mental or phyical disabilities who need them.

“People with disabilities experience real discrimination and deserve real protections,” said Jennifer Mathis, the Bazelon Center’s deputy legal director, who played a key role in securing congressional passage of the ADAA. “Now those who have been denied protections will finally be able to claim them.”

Enacted after lengthy negotiations, the ADAAA overturns several Supreme Court decisions that had made it difficult for people with disabilities to qualify for protection under the ADA.  As a result of these decisions, federal courts have held that many people with conditions such as epilepsy, diabetes, bipolar disorder, post-traumatic stress disorder, cerebral palsy, intellectual disabilities, muscular dystrophy and other disabilities were not covered by the ADA.

“We are particularly gratified that the President has signed this law,” said the Center’s executive director, Robert Bernstein. “It will rescue people with psychiatric disabilities from the Catch 22 in which the Supreme Court has left them–that when medications reduce their symptoms, however temporarily, many no longer qualified for protection as ‘people with disabilities’ under the ADA.”

The amended law explicitly rejects the narrow standards used by the court to determine who has a disability. Mathis served as a member of the negotiating team representing the disability and civil rights communities in a series of complex negotiations with business representatives. The compromise reached by the negotiators formed the basis for the legislation that was signed today.

The House of Representatives passed the ADAAA in June 2008 by a vote of 402-17.  The Senate recently passed a slightly revised version by unanimous consent, and that measure was subsequently approved by the House. The law becomes effective on January 1, 2009.

For more information on what the ADAA does, see http://www.bazelon.org/newsroom/2008/9-18-08ADAA.htm

 

 

From Mental Health America - September 25

Both the Senate and House passed mental health parity legislation on Tuesday by strong margins! Your involvement and support were keys to these actions.

Because the bills are not identical and include different ways to fund the legislation, the two bodies will have to reach an agreement on a final version before it can become law.

The Senate vote was 84 -11. The House vote was 376-47.

Be on the lookout for additional actions you can take to ensure this critical legislation is sent to the White House for the President’s signature.

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From Mental Health America - September 22

The House of Representatives will be voting as early as this evening, Monday, September 22, on the parity law you’ve called for! Help make history! Please urge your representative to vote YES on the “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act.”

Earlier this year after the Senate and House had passed their own parity bills, negotiators forged a historic agreement that establishes a comprehensive standard of equitable coverage. But time is running out to win its enactment. And it’s long overdue. An overwhelming House vote for the Wellstone-Domenici bill would set the stage for Senate passage in the days ahead.

Call-in for Parity

Help us win passage of parity legislation by calling your U.S. Representative’s office today to urge a “yes” vote.  You can use the toll-free Parity Hotline, 1-866-parity4 (1-866-727-4894). The Parity Hotline reaches the U.S. Capitol switchboard, which can connect callers to the offices of their members. You can also call the Capitol switchboard directly: 202-224-3121.

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From NAMI-OC Government Affairs - September 19

To:  Division 43 Members
From:  Jerry R. Grammer, Ph.D., Federal Advocacy Coordinator
Subject:  Action Needed on Upcoming Parity Vote

With Congress scheduling to adjourn at the end of next week, action is heating up in Washington around mental health parity.  As we reported earlier this week, Senate leaders announced their intention to push forward a bipartisan tax extender package including the historic parity agreement.  However, because not all revenue losses in that tax bill are offset, there is determined resistance to passing the bill among House Democrats who do not wish to waive the “pay-as-you-go” rules.

As a result, House leaders have informed us that the parity agreement will be considered on Monday, September 22 as a stand-alone bill, “The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008″.  The bill will be considered on the suspension calendar, which prohibits the offering of any amendments but requires a 2/3 majority for passage.  House leaders are launching this second, additional track to avoid parity’s progress being stalled by the controversy on the tax extenders bill.  Should we win the House vote, the Senate may take up the free-standing parity bill in the closing hours of the session next week.  Your Representative needs to hear from you NOW to support the vote on mental health and addiction parity on September 22.
 
Targets: All U.S. Representatives

Action: Call your Representative NOW using the toll-free Parity Hotline: 1-866-PARITY-4 (1-866-727-4894)
The Parity Hotline reaches the Capitol Hill Switchboard, which can connect callers to their Representative when specifically requested by name or their ZIP code is provided.

Message: I am a constituent calling to ask Congressman/woman __________ to vote YES on mental health and addiction parity legislation when it is considered on September 22.

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Bazelon Center Praises Bipartisan Bill - Reviving ADA Protections

September 18, 2008 - The Bazelon Center for Mental Health Law commends members of Congress in both parties for their overwhelming support for the ADA Amendments Act, passed by yesterday’s voice vote in the House. The bill, which the President is expected to sign, expands the definition of disability in the Americans with Disabilities Act and makes it easier for people with disabilities to obtain protection against disability-based discrimination.

“Thanks to the hard work of disabilty advocates across the country, Congress has voted to rescue people with psychiatric disabilities from the Catch 22 in which Supreme Court rulings left them –that when medications reduce their symptoms, however temporarily, many no longer qualified for protection as ‘people with disabilities’ under the ADA,” said Bazelon Center executive director Robert Bernstein. The amended law explicitly rejects the narrow standards used by the court to determine who has a disability.

“Mental health advocates will again be able to use the ADA as an effective tool to secure the protections that help people with psychiatric disabilities participate fully in society,” said Jennifer Mathis, the Bazelon Center’s deputy legal director. “People with disabilities experience real discrimination and deserve real protections,” she added. “Now those who have been denied protection will finally be able to claim them.”

Key Collaboration by Disability Advocates and Business Community Mathis was among several members of a unique team of disability advocates that engaged in intensive negotiations with representatives from the business community over the past year to reach a compromise that became the basis for a legislative fix. The negotiators also worked with a unique coalition of disability, civil rights and business representatives collaborating with a bipartisan group of congressional members and staff to finalize and secure passage of the legislation.

The law as amended will provide important new coverage for individuals with disabilities. The amended ADA:

• specifically overturns Supreme Court decisions that have caused many people with disabilities whom Congress intended the ADA to cover to lose important protection;

• makes it clear that Congress intended the ADA’s coverage to be broad, in contrast to the narrow scope afforded by the courts;

• clarifies that the courts must apply a less demanding standard than they have been using to determine who has a disability;

• ensures that medication and other measures taken to overcome the effects of a person’s condition cannot be used to conclude that the person does not have a disability;

• makes it easier for people with episodic impairments to be protected by the ADA;

• provides that in determining whether someone is “substantially limited in a major life activity” and thus disabled, major life activities include major bodily functions, such as brain and neurological functions;

• affords broad coverage for individuals “regarded as” having a disability under the ADA. A person will now be covered under this part of the ADA if he or she is treated adversely based on an actual or perceived impairment, whether or not it limits or is perceived to limit a major life activity.

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From NAMI-OC on August 20, 2008
NAMI Members and Friends - This is great news!  Thanks for your wonderful support on this issue.

Victory!!

District Court Halts Cuts to Medi-Cal Providers - Patients Saved!

Medi-Cal Beneficiaries Will Continue to Receive Needed Medications, Services

Sacramento, CA — A Federal District Court in Los Angeles ordered the state of California to stop the ten percent cuts in Medi-Cal reimbursement payments to healthcare providers.  The Court found that pharmacies and other Medi-Cal providers and patients were being irreparably harmed as a result of the cuts and that the providers had shown a likelihood of success on the merits.  Pharmacies were losing money on nearly every Medi-Cal transaction and many pharmacies have been forced to turn away Medi-Cal patients.

In addition to pharmacies, the Court’s order includes relief for physicians, dentists, adult day health care centers, clinics, health systems and other health care providers and applies to services on or after July 1, 2008.

“This case has been a rollercoaster ride since the beginning. The California Pharmacists Association applauds Judge Snyder for recognizing the damage that the cuts were having on pharmacy and the patients they serve,” said Lynn Rolston, chief executive officer of the California Pharmacists Association.  “We are grateful for this much needed and timely victory. The Judge has saved the day for patients and for the pharmacy network in California.”

This outstanding victory shows the strength of a united profession working together to ensure patient safety and care. The lawsuit brought was by Attorney Lynn Carman, Independent Living Center et al. vs. Shewry, and is one of three supported by a coalition of pharmacy interests, including the California Pharmacists Association, the National Community Pharmacists Associations, the California Retailers Association and the National Association of Chain Drug Stores.  Several independent community groups and individual community pharmacies have also contributed to the lawsuit.

For more information contact Bill Bradley at bill@perrycom.com or call 916 658-0144.

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From NAMI-OC

NAMI California has received the following message from the California Pharmacy Association.  We approve the message and ask that you act immediately. - Grace McAndrews, Executive Director, NAMI California

Dear Members and Friends of Pharmacy:

We are at a critical juncture. The State budget has not yet been approved. Therefore, it is imperative that you call, fax or email your legislators immediately with the following message, which you can modify if you like. In any case, this must be done TODAY or tomorrow. This may be our last chance to have the Medi-Cal cuts completed removed.

Dear (name of Legislator):

I am greatly concerned about patients’ access to their medicines. The 10% cut to the Medi-Cal reimbursement rate that went into effect on July 1, 2008 will force some pharmacies to stop filling Medi-Cal prescriptions, reduce hours or be forced to close.

Pharmacies that serve a large number of Medi-Cal patients might find it impossible to stay in business, which would impact the entire community, including all patients, not just those who are Medi-Cal beneficiaries. Patients cannot afford to lose access to life-saving medications.

No health care provider should be asked to participate in Medi-Cal at a loss. We ask you to take action to fully repeal the 10% cut and return pharmacy to former reimbursement levels (5% is still a loss) so that vital pharmacy services to patients throughout the State can be maintained.

Thank you for taking this critical action to support community pharmacy and all patients in California.

Click the link below to log in and send your message:
http://www.votervoice.net/link/target/capha26214333.aspx

http://www.votervoice.net/link/clickthrough/int/26214333/400.aspx 

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Judge Fails to Stop the Medi-Cal Cuts in the CMA/ CPhA Lawsuit

Fax or email the governor and your OC legislators to “protect the people of California and prevent harm to the health care system which the court found the Medi-Cal cuts would cause by restoring the funding as they work out the state budget.” Ask them to support restoration of the 10% reduction in provider rates. http://www.leginfo.ca.gov/yourleg.html NAMI OC Government Affairs Committee

Call to Action: Judge Fails to Stop the Medi-Cal Cuts in the CMA/ CPhA Lawsuit

Dear Members and Friends of Pharmacy,

We are sad to report and deeply disappointed in the outcome of the state court decision that came through late yesterday. In the CMA/ CPhA et al court case aimed at stopping the Medi-Cal provider cuts, the judge ruled against the plaintiffs, citing that while he did believe there would be dramatic impacts from these cuts, he was unable to stop them based on his authority. Below this message you will find the press release that the coalition of plaintiffs sent out today explaining what happened.
 
What’s Next? On Friday, the Independent Living Center case will be heard in Federal court in Los Angeles. That hearing will provide an opportunity for another court to stop the cuts. There are many reasons why this suit may end up being successful, but of course, nothing is guaranteed.
 
In the CMA/CPhA et al case, the plaintiffs and attorneys are still in the process of deciding what the appropriate next steps will be and we will let you know as soon as any decisions are made. The legal fight is not over. The coalition of health care providers is exploring all options (including an emergency appeal).
 
We will continue to make the public and the press aware of the impacts and consequences of the cuts as the situation worsens. We have an important press conference planned for Wednesday, August 6, 2008 on the steps of the Capitol. We will need your participation to make the greatest impact possible and send a strong message to the Governor and Legislators. Details of this effort will be coming out later today or tomorrow. Please watch for this communication. We have collected well over 200,000 signatures and have a very active group of coalition partners working to carry the message along with us to the Legislature.
 
The Legislature and Governor could protect the people of California and prevent harm to the health care system which the court found the Medi-Cal cuts would cause by restoring the funding as they work out the state budget. As of now, we still have not heard of any real progress being made on the budget. The impasse remains with the Republicans still refusing to negotiate on revenue enhancements. We have argued repeatedly that these 10% cuts comprise the equivalent of a 10% tax on a small group - the Medi-Cal providers. We will need your help going forward to continue to press this issue with them as we continue to seek relief over the summer, if necessary.
 
And finally, the Pharmacy Defense Fund contributions have continued to come in and we are extremely grateful. If you have not yet sent yours, we still have a stack of unpaid bills needing to be funded and appreciate anything you can send to by going online to Pharmacy Defense Fund page of the CPhA website at http://www.cpha.com/.

Again, we are sorry to be reporting this latest outcome to you today. We hope that Friday (or as soon as the judge rules early the next week) we will have much better news in the Independent Living Center case. It is imperative that we remain focused and united in this fight if we are to protect these most vulnerable patients in California and our pharmacy and provider network in the state.

Health Care for Millions of Californians Still at Risk
Court Rules Medi-Cal Cuts Harm Access to Health Care; Denies Preliminary Injunction on Narrow Procedural Grounds

For Immediate Release: July 30, 2008 Contact: Ned Wigglesworth, CMA (916) 551-2873
 
LOS ANGELES - A state court in Los Angeles today failed to stop deep cuts in reimbursement rates to health care providers in the state Medi-Cal/Denti-Cal program which took effect on July 1. While the court found that these cuts would irreparably harm the access to health care of nearly 7 million Californians, it denied the preliminary injunction motion of health care providers on the grounds that the state court lacked the authority to enforce the federal law in state court. The health care providers who brought the lawsuit described the decision as an enormous setback for the health and lives of the millions of Californians who rely on the state’s safety net.
 
“The court recognized the dramatic impacts the Medi-Cal cuts will have on Medi-Cal beneficiaries and the state’s health care system, but ruled on narrow procedural grounds that it could not grant relief to the millions of Californians’ whose health care will be impacted adversely by these cuts,” said Craig Cannizzo, the attorney for the coalition of health care providers who brought the suit.
 
In addition to finding that “[P]etitioners have presented a substantial showing of actual harm which will likely occur as a consequence of the reimbursement reductions,” the court found that health care providers did “demonstrate the importance of equal access to health care to all residents of California, including those covered by Medi-Cal as well as the many and increasing number of uninsured California residents whose access problems are presumably even greater than those of Medi-Cal participants.”
 
With this motion for preliminary injunction denied, health care providers are considering all options, including filing an emergency appeal with the second district appellate court in Los Angeles. Additional cases are pending in other courts which also are seeking to stop the Medi-Cal cuts.
 
“This is a terrible blow to Medi-Cal providers across the state,” said Lynn Rolston, chief executive officer for the California Pharmacists Association. “Some pharmacists have already begun turning away patients as they are losing $10, $20, $30 or more on nearly every prescription filled. With this lawsuit set back, I imagine that more and more pharmacists will have to make tough decisions regarding how they conduct business. We have received reports from pharmacists all over the state who have indicated that soon they will have to turn away patients, cut hours, stop accepting new patients and is some extreme cases, have to close their doors altogether. Any way you look at it, patients will suffer irreparably.”
 
In an emergency budget session in early 2008, the state legislature and governor agreed to a 10 percent cut to reimbursement rates for Medi-Cal providers to take effect July 1. Health care providers filed this lawsuit in May, alleging that the state had failed to set Medi-Cal reimbursement rates at a level that ensures access to health care for Californians on Medi-Cal, in violation of state law. A key committee of the Legislature recently recommended reducing the cuts to reimbursement rates, but that reversal won’t take effect unless and until the full Legislature and Governor pass a budget with those changes.
 
 ”This is the fourth court in five years to find that the state of California has put at risk the access to health care for millions of Californians by underfunding the Medi-Cal program,” said Dr. Richard Frankenstein, MD, president of the California Medical Association. “We are hopeful that should the courts be unable for technical procedural reasons to grant some relief to millions of Californians who rely on Medi-Cal for their health care needs, the governor and legislature will act to do so.”

Reaction from health care providers and patient groups
 
C. Duane Dauner, president and CEO of the California Hospital Association: “The decision by the court to allow the Medi-Cal payment cuts to proceed puts all Californians at risk. These cuts are likely to result in more patients seeking care in already overcrowded and overburdened emergency rooms, which will mean longer wait times and higher costs for everyone. Patients are the real losers in this decision.”

Brian Scott, DDS, president of the California Dental Association: “This ruling is an unfortunate setback for Denti-Cal patients in California. However, CDA remains committed to working with the legislature to assure adequate funding for the Denti-Cal program.”

Lydia Missaelides, executive director of the California Association for Adult Day Services: “The court’s ruling is hurtful. As more adult day health care centers close due to the state’s cut to Medi-Cal reimbursements, Medi- Cal participants will end up in nursing homes, emergency rooms, or worse - die.”

Tom Porter, AARP California State Director: “AARP is extremely disappointed with this ruling. These cuts will further erode medical services, putting the health of millions of Californians at risk. AARP strongly believes that the state budget should not be balanced on the backs of our state’s most vulnerable citizens.”

Jeffrey Luther, MD, president of the California Academy of Family Physicians: “Family physicians see daily how our patients are suffering the effects of the Medi-Cal cuts. We will continue working closely with our elected leaders to find a better way forward. For now, patients unable to find physicians to care for them are delaying much needed care or turning to already overcrowded emergency rooms where care is considerably more expensive.”

Contacts

• California Medical Association - Ned Wigglesworth (916) 551-2873

• California Hospital Association - Jan Emerson (916) 804-0663

• California Pharmacist Association - Lynn Rolston (916) 425-0010

• California Dental Association - Regina Collins (916) 554-5317

• California Association for Adult Day Services - Lydia Missaelides (916) 552-7402

• CAL-ACEP - Elena Guzman (916) 212-5130

• California Association of Public Hospitals and Health Systems - Amy Weitz (510) 874-7113

• California Academy of Family Physicians - Catherine Direen (415) 595-7050

• California Optometric Association - Tim Hart (916) 216-1394

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From Mental Health America 

Health care reform is one of the most pressing issues facing our nation. But the presidential candidates and the political parties have paid little attention to the importance of mental health and substance abuse as part of health reform efforts.  We cannot miss this opportunity.

Sign the Petition!

Considering all the ways it affects us, mental health is the largest public health and economic concern facing our country.

• About one in four American adults over 55 million people live with a diagnosable mental health or substance abuse condition.

• Despite proven prevention practices, over half of children and adults and thousands of returning servicemen and women are not receiving the treatment and services they need.

• Individuals with severe mental illnesses die, on average, 25 years earlier than the general population.

• In 2002 serious mental illnesses cost over $193 billion annually in lost earnings alone which is more money than the gross revenues of 499 or the Fortune 500 companies.

• Chronic illnesses drive 75% of health care costs and the mental and addictive conditions are the most chronic and disabling health condition in the US.

There is no health without mental health.  NOW IS THE TIME for America to adopt health care reform that will save tens of thousands of lives and billions of dollars, while strengthening families and communities across the country.

Mental Health America has joined with more than 40 national organizations to sponsor the Whole Health Campaign, which is calling on the presidential candidates and their parties to make mental health an integral part of any health care reform. You can learn more about the campaign at http://www.wholehealthcampaign.org/.

We have developed an easy-to-use online petition to collect signatures from Americans who want the candidates and political parties to recognize the importance of mental health and substance use issues. The petitions will be delivered to both major presidential candidates and political party platform committees later this summer.

Help make mental health a health care priority.  Click here to sign the petition:  http://takeaction.mentalhealthamerica.net/wholehealthcampaign

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From NAMI-OC: LPS Reform Conference

In May, we recommended to you a joint UC Berkeley Law / UCLA conference on LPS Reform. The organizers have put a video stream of the event on the web.

Just go to http://www.mentalhealthlawsymposium.com/ and you will find links to both the morning and afternoon sessions.

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Tuesday, July 22 from DBSA (Depression and Bipolar Support Alliance)

We are So Close! We Need Your Help NOW — TODAY to Pass Postpartum Depression Legislation in the Senate!

Melanie Blocker Stokes MOTHERS Act (S.1375)

As you know, we have all been working diligently to pass the Postpartum Depression (PPD) Legislation that will provide essential services to new mothers.

The Melanie Stokes Postpartum Depression bill (H.R. 20) passed in the House but we still have to pass the Senate bill, “the Melanie Stokes MOTHER’S Act” (S. 1375). And, it is all of you that helped pass the House bill.  Our constituents sent more than 20, 000 letters in support of the PPD legislation!

Now we need your help again because we are closer than ever!

Bill sponsors Senator Robert Menendez (D-NJ) and Senator Dick Durbin (D-IL) have been working with Senate leadership to have the PPD bill be voted on this week as part of a package of other health-related legislation.

This is going to happen this week. That is why we need your help immediately.

Won’t you send a letter to pass this critical legislation? Click here to send a letter to your Senators NOW!

http://capwiz.com/ndmda/issues/alert/?alertid=11668371

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From: Catheryn Mercado <catheryn.mercado@namicalifornia.org>
TO: NAMI California Members & Friends
FROM: Grace McAndrews, Executive Director

On July 16, an appellate court overturned an earlier court decision and permitted the state to implement a 10% across-the-board cut in Medi-Cal reimbursement payments to pharmacies. Some pharmacies have already stopped accepting Medi-Cal patients, and it is expected that many more will follow suit in the coming weeks. People aren’t going to be able to get their prescriptions filled, and they’ll get sicker ending up in  an emergency room. NAMI California has already received feed-back from some of our members that their relatives are unable to get their prescriptions filled. Additionally, some are being told their prescription will be filled only if the drug is switched to a different medication. 
 
We need the legislature to act n ow to restore the cuts. If the legislature doesn’t hear from consumers, they won’t know there is a problem and they won’t act.

Because this is such a huge issue for NAMI California and its members (as well as others who are on Medi-Cal), we are centralizing the collection of information to more easily deliver it to the legislature. If you or anyone you know has had the experience of being turned away by a pharmacy, have had their medications switched, or know of pharmacies that plan to stop taking Medi-Cal patients, please send the information to: Rachel@schubertflintpa.com This e-mail address is at Patients for Access to Medicines.

We need to generate as many calls, letters and faxes to legislative offices as possible. The most effective way to communicate with your state assembly member and senator is by calling their offices. You can find out who your legislators are and how to reach them at  http://www.leginfo.ca.gov/yourleg.html

Please act now. Time is running out! Finally, thanks for all you do.

Grace McAndrews, Executive Director
NAMI California, 1010 Hurley Way, Ste. 195, Sacramento, CA 95825
Phone:  916-567-0163  Fax:  916-567-1757 

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Mental Health America Applauds Senate, House Override of Medicare Bill Veto: Urges Quick Action on Mental Health Parity Bill

Alexandria, VA. (July 16, 2008)—Mental Health America today applauded Congress’ override Tuesday of President Bush’s veto of a Medicare bill that would significantly reduce a major barrier to outpatient mental health services for beneficiaries and urged quick action on a mental health parity bill.

“We applaud the members of Congress who voted to override the veto,” said David Shern, Ph.D., president and CEO of Mental Health America. “This bill is major step forward in eliminating discriminatory barriers that limit access to mental health care, with often tragic results. We now urge them to complete work on mental health parity legislation, which would make insurance discrimination against people with mental health conditions unlawful.”

House and Senate negotiators reached agreement on a policy framework for the mental health bill, but have yet to come up with a plan to fund the measure.

The Medicare bill would phase out the current 50 percent coinsurance rate for mental health services to the 20 percent rate beneficiaries now pay for other medical outpatient services. The disparity, which has existed since the inception of Medicare in 1965, is a major barrier to needed services.

Mental Health America is the country’s leading nonprofit dedicated to helping ALL people live mentally healthier lives.  With our more than 320 affiliates nationwide, we represent a growing movement of Americans who promote mental wellness for the health and well-being of the nation - everyday and in times of crisis.

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CALIFORNIA PHARMACIES WIN COURT ORDER TO HALT 10 PERCENT CUT FOR MEDI-CAL PRESCRIPTION DRUGS
Medi-Cal beneficiaries to experience no further interruptions in access to needed pharmacy services and medications

Sacramento, CA - Late Friday, pharmacy providers were notified that a three judge panel of the Ninth Circuit Court of Appeals had acted to halt the ten percent payment cuts for prescription drugs dispensed under the Medi-Cal Program.  The action was made in response to an emergency appeal in the case, Independent Living Center of Southern California, et.al. v. Shewry, to challenge a lower court ruling that the plaintiffs did not have standing to sue under the Supremacy Clause of the U.S. Constitution.  The Ninth Circuit panel reversed the ruling, issued an order to stop the ten percent Medi-Cal cuts for prescription drugs until at least August 11, 2008 and sent the case back to the Federal District Court in Los Angeles for further consideration of the plaintiffs’ motion for a preliminary injunction.

This outstanding victory shows the strength of a united profession working together to ensure patient safety and care. The lawsuit is one of three supported by a coalition of pharmacy interests, including the California Pharmacists Association, the National Community Pharmacists Associations and the National Association of Chain Drug Stores.  Several independent community pharmacies have also contributed to the lawsuit.

“The California Pharmacists Association, which represents pharmacists in the state of California, applauds the Court of Appeals for making this crucial decision,” said Lynn Rolston, chief executive officer of the California Pharmacists Association.  “This is a victory for pharmacy and patients alike.  Patients have experienced significant problems in getting lifesaving prescription medicines since the cuts went into effect on July 1 and the Court’s action will prevent additional patient harm.”

“The judgment is only temporary and unfortunately doesn’t apply to any other provider,” continued Rolston. “We want to acknowledge and congratulate lead attorney Lynn Carman and his associate Stanley Friedman for a job extremely well done and thank the many plaintiffs in this case for their efforts, including CPhA member Jerry Shapiro.”

“We are pleased that the concerns of pharmacy were heard,” said Steve Anderson, president and CEO of the National Association of Chain Drug Stores, whose organization is a member of the Coalition for Community Pharmacy Action (CCPA).  “Maintaining pharmacy access is important not only to Medi-Cal beneficiaries’ health and safety, but also to the Medicaid program’s overall ability to constrain healthcare costs, including those related to preventable emergency room visits and catastrophic care.”

At this time, it is not known if the State will appeal the action by the Court of Appeals.

As this case makes its way back to District Court, other legal actions are still proceeding.  A preliminary injunction hearing in a lawsuit filed by the California Medical Association, CPhA and other provider groups is scheduled for July 25 and will be key in putting a more permanent hold on the cuts for all providers, including pharmacy.

It is expected that Electronic Data Systems, which processes prescription claims for the Medi-Cal program, will not have a “fix” in place immediately for the on-line electronic billing system used for prescription claims.  Pharmacies may continue to see payment information that shows below cost reimbursement and may have to re-bill claims once the fix is in place. 

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Mental Health America Applauds Senate Action on Medicare: Major Step Toward Meeting Mental Health Needs of Beneficiaries

Mental Health America News, Alexandria, VA, July 09, 2008 - Mental Health America applauds approval by the U.S. Senate today of a Medicare bill that would eliminate a major barrier to outpatient mental health services for beneficiaries.

The legislation would phase out the current 50 percent coinsurance rate for those services to the 20 percent rate beneficiaries now pay for other medical outpatient services. The disparity, which has existed since the inception of Medicare in 1965, is a major barrier to needed services.

“We applaud senators who supported this action,” said David Shern, Ph.D., president and CEO of Mental Health America. “This is major step forward in meeting the mental health needs of beneficiaries and eliminating discriminatory barriers that limit access to care, with often tragic results.”

Medicare beneficiaries have an elevated need for mental health care. Twenty-six percent of Medicare beneficiaries have mental disorders, compared to 21 percent of the general population.

It is estimated that only half of older adults who indicate they have mental health problems receive treatment from any healthcare provider, according to a 2001 report of the Administration on Aging. However, they use a low level of outpatient services to treat mental health conditions, while use of more expensive inpatient mental health services is high.

Total health care costs are also higher for people with depression than for other older adults.

Mental Health America is the country’s leading nonprofit dedicated to helping ALL people live mentally healthier lives.  With our more than 320 affiliates nationwide, we represent a growing movement of Americans who promote mental wellness for the health and well-being of the nation - everyday and in times of crisis.

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July 4, 2008 - Edited by the NAMI Orange County Government Affairs Committee

Contact Legislators on CA FY 2008/09 Budget and Mental Health

The California Budget has been negotiated in the Budget Conference Committee and is now being negotiated by the “Big Four” and will be brought to the assembly and senate for a vote hopefully soon. Legislators need to hear that: Cuts to Mental Health COST more than the cuts will save! These cuts will actually cost the state and counties if client/patients discontinue treatment.

Phone or fax:

Senator Don Perata, President Pro Tempore of the Senate, Phone: (916) 651-4009 Fax:  (916) 327-1997

Senator Dave Cogdill, Minority Leader of Senate, Phone: (916) 651-4014, Fax: (916) 327-3523

Assemblywoman Karen Bass, Speaker of the Assembly (916) 319-2047

Assemblyman Mike Villines, Minority Leader of the Assembly Phone: (916) 319-2029, Fax: (916) 319-2129

Get contact information for your legislator at : http://www.leginfo.ca.gov/yourleg.html and ask the “Big Four” and our OC Representatives to:

Oppose Elimination of MediCal Optional Benefits.  The eliminated optional benefits include incontinence creams and washes, acupuncture, adult dental, audiology, optometry, optical, chiropractic, podiatry, psychology, and speech therapy. The elimination of these optional benefits will mean the loss of access to these services through the Medi-Cal program.

The Assembly and Senate needs to support avoidance of the 10% cutback all state programs face in the current budget crisis including:

The SSI/SSP COLA Suspension, the 10% Provider Rate Reduction

The reduction of Medi-Cal services for full scope Medi-Cal beneficiaries ages 0 -21 in the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program.

The ability of CA counties to deliver mental health services is threatened by the slow reimbursement from the state to deliver mental health services. The Legislators need to take out the10% reductions of state programs including the 10% reduction to county mental health plans for managing the Medi-Cal specialty MH Managed Care program. These reductions could drive counties out of the MH care business.

A California Budget Project Summary: The California Budget Summary outlines major differences among the Governor’s May Revision to his Proposed 2008-09 Budget and the Assembly and Senate spending plans. On June 12, the Budget Conference Committee began reconciling differences between the Assembly and Senate Budget Committees’ spending plans. Web site:  http://www.cbp.org/

Below is the Assembly Spending Plan information in press release by Assembly member Karen Bass (D-Los Angeles) in June of ‘08:

1) The plan provides $2.3 billion more for K-14 education than the Governor’s plan, backfilling all proposed base cuts and providing a 1.6 percent cost-of-living increase.

2) The plan upholds the safety net for children by rejecting the Governor’s cuts to children’s services and foster care, CalWorks grant reductions that hurt kids, the SSI/SSP federal COLA, Medi-Cal optional services, and the proposal to drop the salary for in-home support service workers to minimum wage.

3) The Assembly Democrats’ plan also restores most of the Medi-Cal cuts made in February.

4) Proposed cuts have been partially restored to Medi-Cal provider rates (cuts were passed in February, but don’t take effect until July), and partially restored to mass transit, which are devastating to working Californians as ridership soars and gasoline prices skyrocket.

5) The Assembly will also be making some extremely painful cuts that hurt real people. For example, the plan incorporates the suspension of the CalWorks and SSI/SSP cost-of-living increases, and accepts the Governor’s “summary parole” proposal.

6) Assembly Democrats have modified the Governor’s lottery proposal, putting kids first and Wall Street second. The revised proposal secures the lottery, but excludes education funds so there are no risks to schools; funds from the securitization will be placed in a new “Debt Retirement Fund,” much of which will be used to pay down the debt. This fund will help us pay off budgetary debts several years earlier than the Governor’s plan and helps avoid out-year deficits created by borrowing. These debt payments include economic recovery bonds, transportation loans, education loans, local government mandates, and general obligation debt. Under our plan, most of these debts would be paid off anywhere from 3 to 10 years faster than they would under the Governor’s plan.

Note:  Senate plan rejects the lottery bond sale proposals.

Senate plan includes:

Dental services: Adopts an annual dental coverage limit of $1,500.

Approves: California Work Opportunity and Responsibility to Kids (CalWORKs) Program

Suspends October 2008 state COLA, but rejects proposal to suspend June 2009 state COLA.

The web address is http://www.namioc.org/ for NAMI OC and the phone number is 714.544.8488

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Thursday, June 26, 2008 from the Bazelon Center http://www.bazelon.org/

House Overwhelmingly Passes ADA Amendments

By an extraordinary margin of 402-17, the House of Representatives passed the ADA Amendments Act yesterday to reverse Supreme Court holdings that had deprived many people with disabilities of the law’s vital protections. The bill would restore the intent of Congress when it enacted the Americans with Disabilities Act (ADA) in 1990.

Please visit http://clerk.house.gov/evs/2008/roll460.xml to see how your Representative voted and say thank you by phone, postcard or email. (See How to Contect Your Lawmakers.)

Members on both sides of the aisle gave speeches praising the legislation. Many stressed its value in enabling people whose disabilities are mitigated by medications to work, attend school and otherwise participate fully in society.

A version has been introduced in the Senate. Calls to your Senators would help, particularly to members of the Health, Education, Labor and Pensions (HELP) Committee.

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