|
|
 |

July 2008
As you are reading
this article, the legislature is now on summer recess. The legislature
will return in August, there will be a flurry of activity for about a
month and then the session will conclude. It is common that much happens
in the final month of the twoyear session.
CAMFT
Legislation for 2008
Department of Corrections Marriage and Family Therapist
Registered Interns
AB 2652 (Anderson)
This bill, which sought to amend Penal Code Section 5068.5(c) to allow
persons aspiring to MFT licensure to be employed within the Department
of Corrections and Rehabilitation (CDCR), (as is the case with persons
pursuing the psychology and clinical social work licenses) was set aside
for this year. Due to opposition from AFCSME (the union representing the
interests of psychologists and clinical social workers employed within
the CDCR) and the lack of the bill’s supporters being available
when we needed them, we chose to not move the bill forward at this time
as there was fear that not only would it not have received sufficient
votes, it would in fact likely have received “no” votes from
legislators who typically vote consistent with union expectations. We
will resume with a similar bill next year and hope that we can locate a
union-sympathetic author, who is willing to “take on” this
issue. The union opposition stated:
“. . .MFTs
are well trained to deal with marriage and family counseling issues, but
not the wide variety of mental health issues of California’s
inmate population that are deemed to be part of the CDCR’s primary
mission in service offerings to inmates. These mental and behavioral
disorders are the primary reasons that inmates end up incarcerated. As
such, the State has not yet developed a classification in State service
for Marriage and Family Therapists. AB 2652 is clearly a backdoor
attempt at trying to create a new category for them in State
service.
“Additionally, psychologists, physicians and clinical
social workers working in California’s prisons are already in
short supply and they do not have the time to supervise persons who
otherwise will not help meet the needs of the inmate population. This
will serve to further distract from the mission of treating inmates in
accordance with the requirements of the Court.
“. . .AB
2652 would take opportunities away from the next generation of
psychologist and social work interns necessary to fill vacancies. .
.”
This bill is of
highest priority as we attempt to provide assistance to the Department
of Corrections and Rehabilitation whom we have been working with to find
ways for them to utilize the services, within the Department, of
licensed marriage and family therapists and aspiring marriage and family
therapists. The Department is currently working to create a job
classification specifically for marriage and family
therapists.
Our prior attempts
to assure MFTs’ utilization in the Department have been met with
extreme opposition—often covert, resistance, and vetoed
legislation. This opposition has been advanced by the Department itself
(in the past), the other mental health disciplines, peace officers, and
the Union. Even though, when MFTs are utilized within the Department, we
too will become a part of the Union’s membership; at this time,
because of the Union’s composition, they oppose our inclusion
based on the demands of disciplines that make up the Union protecting
their “turf.”
We will begin anew
next year to achieve this very important piece of legislation that is
necessary for the profession to be on par with the other
disciplines.
Schools and
Their Ability to Terminate Students and Faculty and be Immune from
Liability
AB 164 (Smyth)
This bill sought to amend Section 43.8 of the Civil Code. It provides
for immunity from liability for MFT qualified educational programs where
persons are evaluated with regard to their qualifications, fitness,
character, or insurability as practitioners of the healing arts. We
believe this legislation benefits MFT educational programs and provides
them greater latitude when evaluating and possibly terminating students.
This bill was a “gut and amend” replacing legislation we
were pursuing last year that we were unable to achieve. This bill has
now been signed into law by the Governor and will become effective
January 1, 2009.
Limitation on Publishing Citations and Fines on the
Internet
SB 1779 (Senate Business and Professions Committee)
This bill, among other things, adds a section to the Business and
Professions Code to limit the publication (on the Internet) of citations
issued by the BBS and resolved by payment of a fine to a period of no
more than five years. This limitation on publication would be for fines
up to $1,500. Fines over $1,500 would be published pursuant to current
policy— in perpetuity. This measure is part of an omnibus
Committee bill. The Committee was actually reluctant to add this
provision to the bill and did so only as a result of the advocacy of the
BBS Executive Officer Paul Riches, to whom we are very appreciative. The
concerns about this bill were resolved in advance and it is likely this
bill will proceed from this point without too much
difficulty.
Inclusion of MFTs in Peer Review Procedures
AB 1922 (Hernandez)
This bill amends Section 809(b) of the Business and Professions Code to
include LMFTs within the definition of “healing arts
practitioner” for purposes of being subject to specified peer
review processes and protections. This bill permits MFTs to be subject
to the same peer review procedures available to other professionals who
are specifically named in this section of law. Late in the bill’s
progress, clinical social workers were amended into the bill. The bill
has been signed into law by the Governor and will become effective
January 1, 2009.
Other
Legislation
Following are some
of the most significant bills, sponsored by others that CAMFT is
following:
Licensing of
Alcoholism and Drug Abuse Counselors
AB 239 (DeSaulnier)
(previously AB 1367 DeSaulnier)
AB 1367 became a two-year bill that would have created a license for
Alcoholism and Drug Abuse Counselors. When that bill was de-railed, it
was re-introduced in a “gut and amend” bill that is now AB
239. AB 239 has been voted out of its first committee, which was
likewise the case with AB 1367.
Our position on
this bill was, for the past year, “oppose unless amended.”
Over the last year and into January 2008, we were in ongoing
negotiations with the sponsors and author of the bill to amend it in a
multitude of ways to be acceptable to us. We wrote extensively about
this bill during the last legislative year as it moved through a variety
of iterations.
As the bill began,
it was to provide for voluntary licensure of alcoholism and drug abuse
counselors working in private practice. As it has been amended, it has
become mandatory for those who would be practicing the profession. Since
its primary purpose is public protection, it has been our belief that it
should be mandatory, rather than permissive, thus providing
“teeth” to take action against those who violate the
regulatory act.
It is intended
that the license would be administered by the Board of Behavioral
Sciences. We have had concerns about the Board’s ability to
effectively regulate the three professions it currently has, in addition
to the potential for regulating professional counselors, and possibly
this profession as well. The BBS expressed similar concerns.
As we moved into
January 2008, our key remaining areas of contention were as
follows:
We were opposed to
proposed Section 4721.1 that permitted only licensed alcoholism and drug
abuse counselors to refer to themselves as alcoholism and drug abuse
counselors or to indicate they do alcoholism and drug abuse counseling.
We asked that the bill be amended to permit mental health professionals
to refer to themselves as alcoholism and drug abuse counselors and to do
alcoholism and drug abuse counseling as long as these other
professionals do not call themselves licensed alcoholism and drug abuse
counselors. The sponsors agreed to this proposed amendment.
We also asked that
alcoholism and drug abuse counselors be required to provide clients with
a disclosure/informed consent as to the limitations of the specific
education and training of the alcoholism and drug abuse counselor who
has less than a master’s degree. Given the multiple disorders that
are present in alcoholism and drug abuse treatment, along with family
and other relational issues that inevitably arise, effective treatment
requires more education and training than the typical alcoholism and
drug abuse counselor would have. Providing to patients an informed
consent that is specified in the law would put patients on notice with
regard to counselors’ education and training limitations. The
sponsors agreed, somewhat reluctantly, to this proposed
amendment.
Additionally, we requested that a minimum of a bachelor’s
level degree be required for licensure. Further, we requested that
included within or outside of that degree, the law must require the
completion of specific coursework, including:
- a minimum of 315
hours of alcoholism and drug abuse counseling and treatment (initially
in their proposal);
- coursework in law and ethics including scope of practice, scope
of competence, and how and when to refer;
- survey of
psychopathology;
- methods of
treatment;
- cultural diversity;
- survey of
psychopharmacology;
- anger management
and domestic violence;
- interviewing techniques; and
- conflict resolution.
The proponents agreed to all of our requests, even the
bachelor’s degree, which they argued vehemently against. Because
the sponsors accommodated all of our requests, out of common courtesy
and typical to the legislative process, we changed our oppose position
to a position of support.
The BBS has been
critical of the bill, but at this time, has taken no official position.
Currently, opposition remains, by and large, from the California
Psychological Association and a few others.
Juveniles and Confidential Information
AB 1405 (Maze)
This bill would authorize a juvenile court joint assessment team
comprised of representatives of mental health, child welfare, probation,
and other necessary agencies, to share information relating to a minor
that might otherwise be confidential. The bill would provide that every
member of a juvenile court joint assessment team who receives the
information is under the same privacy and confidentiality obligations as
the person who prepared, disclosed, or provided the information. The
bill further provides that no statements, admissions, or confessions or
incriminating information obtained from a minor in the course of any
screening or assessment, including that which is court ordered, that is
conducted as part of the joint assessment shall be admitted into
evidence, or used in any way, in any juvenile, criminal, or civil
hearing. CAMFT is watching this measure that is now in the
Senate.
Licensing of Professional Counselors
AB 1486 (Calderon)
This bill was voted down last year in the Senate Business, Professions,
and Economic Development Committee. However, it was given
reconsideration this year and was heard on June 9, 2008. The proponents
have taken a number of amendments to attempt to satisfy the concerns of
psychologists who have taken the position of “oppose unless
amended.” The educational requirements have been further modified
as requested by the Board of Behavioral Sciences to cover much of the
same content as will become applicable for LMFTs pursuant to SB 1218.
Those who are grandparented as LPCs, which is very time-limited (six
months), will be required to have had experience of at least 1,500 hours
of direct client contact. This change in the number of hours, which we
knew was in process to be amended into the bill, relates closely to the
minimum of 1,750 hours of direct client contact that is required of
aspiring MFTs. Grandparented persons, other than LMFTs and LCSWs, will
be required to take, in addition to a clinical examination, a California
jurisprudence and ethics examination. CAMFT continues to be neutral on
the bill, given all of the amendments the proponents have agreed to. The
required education, training, experience, and testing clearly appears
sufficient to perform the services that the license will allow. Further,
the grandparenting of LMFTs and LCSWs continues to be a possibility for
those who meet the coursework requirements as provided in Section
4999.54 (a), for persons who are grandparented, and who apply between
October 1, 2009 and March 31, 2010. These dates are only applicable,
however, should the bill be signed into law in 2008. The bill narrowly
passed out of the committee where it was reconsidered.
Elder Abuse and
Mandated Reporters
AB 1765 (Blakeslee)
This bill would require, if the abuse of an elder occurred in a
long-term care facility, that the mandated reporter would be required to
report the abuse to both the local ombudsman and the local law
enforcement agency. Currently, such a report could be to either one. If
the abuse occurred in any other place, the mandated reporter would be
required to report the abuse to both the adult protective services
agency and the local law enforcement agency. Currently, such a report
could be to either one. CAMFT is closely watching this bill that has not
moved forward.
Department of Consumer Affairs—Licensing Boards Within
Department
AB 1869 (Anderson)
This 949-page bill would have placed all licensing boards, including the
Board of Behavioral Sciences, within the Department of Consumer Affairs.
We vigorously opposed this legislation, and it fortunately suffered a
quick death.
Child Custody
Evaluations and Confidentiality
AB 1877 (Adams)
If directed by the court, the court-appointed child custody evaluator
shall file a written confidential report on his or her evaluation, which
report shall not be made available other than as specified in law.
Additionally, the Judicial Council is to adopt a form to be served with
every child custody evaluation report that informs the report recipient
of the confidentiality of the report and the potential consequences for
the unwarranted disclosure of the report. A disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child. CAMFT continues to watch this bill that is now
in the Senate.
Mental Health
Parity
AB 1887 (Beall—pronounced “Bell”)
This bill would treat all mental illnesses defined in DSM IV on par with
physical disorders. Similar legislation was vetoed by the Governor last
year. If successful, it would affect insurance plans and health care
service plans (managed care plans) issued, amended, or renewed on or
after January 1, 2009. Like any similar legislation, there are
exceptions that would not be covered by this legislation, even if
successful, such as, but not limited to, self-insured welfare benefit
plans, plans written out-of-state, and the Public Employee’s
Retirement System. CAMFT is in support of this legislation that is now
in the Senate.
Marriage and Family Therapist Licensure
AB 1897 (Emmerson)
This bill would permit other regionally accepted accrediting bodies, in
addition to the Western Association of Schools and Colleges (WASC), to
be recognized to determine qualifying degrees for licensure as marriage
and family therapists. CAMFT is in support of this legislation since it
will permit some students (those who have attended schools that have
been approved by regionally accepted accrediting bodies other than WASC)
attending schools previously approved by the Bureau on Private Post
Secondary and Vocational Education (BPPVE) to be assured of having
degrees that qualify for licensure. The bill is now in the Senate but
may be challenged as it moves through the Senate. It is caught in
political maneuvers beyond the control of the BBS relating to the
volatility of BPPVE.
Health Care
Coverage
AB 1945 (De La Torre)
Among other things, this bill would require a health care service plan
or insurer to obtain approval from the Department of Managed Health Care
(DMHC) or the Department of Insurance (DOI) respectively prior to
rescinding, canceling, or limiting a plan contract or policy. This bill
would also require the Director of the DMHC and the Commissioner of the
DOI to establish and require a single or standard application form for
individual policies. This bill is intended to address some of the
inappropriate activities of third party payers that have been recently
portrayed in the media. The California Medical Association is the
sponsor of this legislation. CAMFT is in support of this bill, which is
now in the Senate.
Mandatory Continuing Education in Suicide Prevention
AB 1951 (Hayashi)
This bill intended to require an applicant for licensure as a
psychologist, marriage and family therapist, educational psychologist,
or clinical social worker, and it intended to require a licensee
renewing one of these licenses, to complete 15 hours of training in
suicide prevention, assessment, intervention, and post-intervention
strategies. CAMFT generally opposes any piece-meal continuing education
requirement and was opposed to this bill as introduced, even though this
is a worthy topic. The bill has now been amended to encourage suicide
hotlines within counties and no longer requires providers to get
continuing education. This bill is now in the Senate.
Supplemental Health Insurance
AB 2183 (Aghazarian)
This bill would recognize the existence of supplemental health insurance
policies. We are not sure at this time of the intent of this bill, but
it would recognize and likely create a regulatory mechanism for hospital
indemnity plans, supplemental insurance programs, accident-only
coverage, and like plans. We will be watching this bill to see what it
becomes, but thus far it has made no appreciable progress.
Alcohol and
Drug Counselors Mandated Reporters of Child Abuse
AB 2337 (Beall)
This bill would add alcohol and drug counselors (persons providing
counseling, therapy, or other clinical services for a private or state
licensed or certified drug, alcohol, or drug and alcohol treatment
program) to the list of individuals who are mandated reporters of child
abuse. CAMFT is watching this legislation that is now in Assembly
Appropriations.
Professions and Vocations
AB 2427 (Eng)
This legislation is intended to prevent a county or city from
restricting a licensed professional from doing what the license permits
the licensee to do, which has occurred in the City of Hollywood with
regard to the practice of veterinary medicine. We support the concept
that licenses are granted by the State of California to practice
professions and vocations in this state. These licensing boards, with
the approval of the Department of Consumer Affairs and/or the
legislature, determine the breadth of the scopes of practice and the
qualifications for each of the professions. We believe that no
municipality or county should have any authority to limit this scope as
granted by the state or restrict what a licensed professional does, who
the professional may work with, the types of services that are provided,
or when services are provided within that particular county or
municipality. If counties or municipalities were permitted the authority
to restrict professional practices, they could, for example, conclude
that licensed marriage and family therapists would only be permitted to
work with children or that licensed marriage and family therapists would
be prohibited from working with persons with serious mental disorders,
which would be ludicrous. If permissible, there could potentially be 58
different county standards and a multitude of varying city standards for
the services provided by each of the licensed professions and vocations
within California. Such a situation would be wholly problematic and
unworkable. CAMFT is in support of this legislation that is now in the
Senate.
Geriatric and Gerontology Workforce Expansion Act
AB 2543 (Berg)
This bill would establish the Geriatric and Gerontology Workforce
Expansion Act, which would be administered in conjunction with the
Office of Statewide Health Planning and Development. It would provide
loan repayment assistance to persons who are or intend to become
employed as licensed health care professionals in geriatric care
settings. The funding would come from an increase of $10 in license
renewal fees. As initially drafted, physicians, psychologists, and
clinical social workers were included, but the legislation did not
include MFTs and thus MFTs would not have been eligible for such loan
assistance. The author has since, with our insistence, added licensed
marriage and family therapists and MFT interns. With MFT inclusion,
CAMFT is in support of the bill. Loan repayments through this program
would not exceed $30,000, paid incrementally each year, when the
professional has provided at least three consecutive years of service as
a licensed or registered professional. This bill is on the floor of the
Assembly.
Health Care
Coverage—Required Notification to Insured
AB 2549 (Hayashi)
This bill would prohibit a health care service plan or health insurer
from rescinding an individual health care service plan contract or
individual health insurance policy for any reason after six months
following the issuance of the contract or policy. A policy-holder or
insured who believes his or her policy was wrongfully rescinded would be
permitted to request review of that rescission. CAMFT is in support of
this legislation. The bill is now in Assembly Appropriations.
Child Custody
Evaluators
AB 2587 (Ruskin)
This bill would make a distinction between court-connected or
court-appointed child custody investigators or evaluators and private
child custody evaluators. CAMFT is watching this bill to see what it
becomes. To date there has been no action on the bill.
Suicide
Prevention Hotlines
AB 2667 (Hayashi)
This bill would require, by January 1, 2012 , each county mental health
agency to establish and maintain a 24-hour suicide prevention hotline.
CAMFT is watching this bill that has now been held in
committee.
Title
Protection for Social Workers
AB 2753 (Solorio)
This bill provides that there shall be no classification in state civil
service as a “social worker” except for an individual who
possesses a bachelors, masters, or doctorate degree from a school of
social work. CAMFT is opposed to this legislation because there may be
MFTs who hold such positions or who may be eligible for such positions
in the future that would be deemed ineligible. We also do not want the
perception to be that “state civil service” has broader
application than it actually does. In spite of our opposition, the bill
has been making headway. We are seeking amendments to not impact any
current positions, to not impact those who may be seeking such positions
until job specifications can be changed, and to create a specific
definition as to what “state civil service” means. The
author’s staff has committed, at our request, to bring together
the various stakeholders in this matter to attempt to come to some
resolution, however, the proponents (the AFSCME Union) have been
reticent to add corrective language. Further, we believe that this bill
has been pursued by the proponents as a measure in opposition to our
legislation to permit MFT interns to gain hours of experience and be
employed in the Department of Corrections. Our position on the bill, at
this time, is oppose. The bill is now in the Senate.
California Victim Compensation and Government Claims
Board
AB 2809 (Leno and Price)
This bill would permit a minor who suffers emotional injury as a result
of witnessing a violent crime, who has been in close proximity to the
victim when he or she witnessed the crime, to be eligible for mental
health counseling compensated by the California Victim Compensation and
Government Claims Board. CAMFT’s position on this legislation is
watch. The bill is now in the Senate.
Health Care
Provider Contracts
AB 2839 (Huffman)
A Health Care Service Plan would be prohibited from requiring a health
care provider to execute an unfair or unreasonable agreement as a
condition for entering into contract negotiations with the plan. Unfair
or unreasonable agreements are such things as “take it or leave
it” threats or restrictions on the provider’s use of
professional or legal representation. CAMFT is likely to support this
legislation if it moves forward, but it is now “stuck” in
Assembly Appropriations.
Health Care
Service Plans
AB 2847 (Krekorian)
This bill would have required a health care service plan or insurer to
disprove medical necessity during any grievance or medical review
process. This bill would also permit a provider to directly apply to
DMHC or DOI for an independent medical review of a decision to deny,
modify, or delay health care services to an enrollee, subscriber, or
insured, if that person has exhausted any internal grievance process.
CAMFT is watching this bill, but it now appears to be dead.
Marriage and Family Therapist Educational Requirements
SB 1218 (Correa)
This is a BBS sponsored bill intended to revise the educational
requirements for aspiring marriage and family therapists. Currently,
there is an increasing need for mental health professionals in the
public and community sector. MFTs are filling many of these positions.
To assure that MFTs are well-prepared to fill these positions, the
education and training is being enriched with additional educational
curricula, including, but not limited to:
- Co-occurring disorders and treatment of severe mental
illness;
- Cultural competency and sensitivity;
- Understanding the effects of socioeconomic status;
- Professional writing and documentation of services;
- Finding and using
resources, services, and
supports for consumers;
- Case
management;
- Understanding systems of care;
- Collaborative treatment; and,
- Advocating for persons with mental illness.
- Additionally, some of the other features of the bill
include:
- Increases the units of instruction from 48 semester/72 quarter
units to 60 semester/90 quarter units;
- Eliminates the unit requirement on most courses, e.g., 2
semester/3 quarter units in psychopharmacology—thereby increasing
educational institution discretion;
- Increases the face-to-face counseling hours required within the
educational program from 150 to 225 hours, of which 75 may be
client-centered advocacy;
- Increases the maximum hours of supervision and professional
enrichment activities from 1,000 to 1,250 hours, permitting up to 250 of
these hours to be client-centered advocacy;
- Permits interns
working in non-profit or governmental entities to obtain up to 30 hours
of direct supervision via teleconferencing;
- Requires interns to provide copies of their W-2 tax forms or a
letter verifying employment or volunteer work status; and,
- Places additional
requirements on out-ofstate applicants for licensure to remediate
educational deficiencies to be reasonably consistent with the changes
proposed for applicants who have been educated in
California.
This bill will not affect persons already licensed or in the
pipeline to acquiring licensure, and will only affect those who begin
graduate study on or after August 1, 2012. This bill is now in the
Assembly, but is encountering opposition. The opposition results from a
couple of educational institutions who are not opposed to the intent of
the bill, but who are engaged in a political manipulation directed at
the approved school issue. CAMFT is in support of this legislation and
will do what it can to assure the bill’s progress.
Health Care
Coverage Provider Contracts
SB 1300 (Corbett)
This bill would prohibit a contract between a health care provider and a
health care service plan or a health insurer from containing a provision
that restricts the ability of the plan or insurer to furnish information
on the cost of procedures or health care quality information to
subscribers, enrollees, policyholders, or insureds. This bill would also
require health care service plans and health insurers to involve health
care providers in the development of that information prior to
furnishing it to subscribers, enrollees, policyholders, or insureds.
This bill, if successful, would affect plans issued, amended, renewed,
or delivered on or after January 1, 2009. CAMFT is in support of this
legislation that has passed to the Assembly.
Public Social
Services—Reimbursement for Mental Health Services
SB 1349 (Cox)
This bill would require that Medi-Cal claims for reimbursement by cities
and counties for the delivery of mental health services be paid within
90 days of submission. If a claim is not paid within the 90-day period,
and the funds were available to pay the claim, interest will accrue.
CAMFT is in support of this legislation that is now in the
Assembly.
Requirements for the Maintenance and Storage of Patient
Records
SB 1415 (Kuehl)
This bill would have required certain health care providers, including
MFTs, to maintain patient records for a minimum of ten years, and would
have allowed a patient to elect to have his or her records archived once
the required maintenance period expired. The bill would have required
the health care provider to inform the patient of his or her rights
under the bill, both at the time the record is created and at least
sixty days before the patient’s records are destroyed. CAMFT
opposed this legislation, as did others, and the author agreed to revise
the bill removing its applicability to mental health
professionals.
Elder Abuse
Registry
SB 1416 (Hollingsworth)
This bill would declare the legislature’s intent to create a
publicly available registry of known abusers of the elderly. CAMFT is
watching this bill that now appears to be dead.
Psychologist Prescription Privileges
SB 1427 (Calderon)
This bill, which was not sponsored by the California Psychological
Association, would have authorized prescribing psychologists to
prescribe drugs for the treatment of specified disorders if certain
requirements are met. The bill is now dead.
Healing Arts
Practitioners and Name Tags
SB 1454 (Ridley-Thomas)
This bill would have required many healing arts practitioners, including
MFTs, to disclose on a name tag his or her name and license status.
CAMFT opposed this legislation and due to opposition, it has been
amended to be applicable only to hospital personnel. The bill is now in
the Assembly with no applicability to MFTs.
Board of
Behavioral Sciences License Renewal Fees
SB 1505 (Yee)
This bill would allow the BBS to direct a higher amount of the license
renewal fee ($20) toward the Mental Health Practitioner Education Fund.
These monies are used to provide loan reimbursements to MFT licensees
and interns who have made a commitment to work for a period of time in a
mental health underserved area. CAMFT is in support of this legislation
that is now in the Assembly, however, the BBS is likely to abandon the
bill given that about half of its reserves have been
“borrowed” by the State to help cover the state’s
financial deficit. Given this financial demand by the State, the Board
would be placing itself in financial jeopardy if it followed through
with this effort at this time.
Health Care
Service Plan Review of Procedures Regarding Medical Necessity
SB 1525 (Kuehl)
This bill would require plans and insurers to report to the director of
the DMHC or the commissioner of the DOI, and to enrollees and providers
upon request, the rates at which requests for health care services have
resulted in initial delays, denials, or modifications of health care
services or payments. In addition, it would require that any written
communication to an enrollee or insured of a denial, delay, or
modification of a request include the name and professional license
number of the health care professional responsible for the denial,
delay, or modification. It would further require the plan, insurer, or
its contracting provider to provide to the medical review organization,
the enrollee, or insured, and the enrollee or insured’s provider
all relevant information and background pertaining to the medical
expertise and training of the medical director and any other individuals
involved in the determination of medical necessity. Existing law
requires the director of the DMHC to periodically conduct an onsite
medical survey of the health care delivery system of each plan to assure
protection of subscribers and enrollees. This bill would require that
the survey include a review of the procedures for making determinations
of medical necessity. CAMFT is in support of this legislation that is
now in the Assembly.
Health Care
Service Plan Reform Legislation
SB 1553 (Lowenthal)
This omnibus bill is a collective effort of professional provider and
consumer advocacy organizations involved in the California Coalition for
Mental Health. CAMFT is a part of the Coalition and had an instrumental
part in drafting the many iterations of this legislation, which it of
course, supports. As introduced, this bill addressed a multitude of
issues of concern to patients and providers. It has since been
significantly amended, removing many of its key components due to heated
opposition from the managed care and insurance industry,
physician’s groups, some consumer advocates, and others. In its
diminished form, it is currently in the Assembly. It now would require
health care service plans offering professional mental health services
to establish Websites containing specified information, which are to be
updated bi-monthly; would require plans to issue benefits’ cards
to enrollees; would modify provisions relating to disclosure by health
care service plans of the process used to authorize, modify, or deny
health care services; would provide that decisions to deny requests for
authorization or to deny claim reimbursement not be based on whether
admission to a hospital was voluntary or involuntary; and it revises
provisions governing authorizations for care, timeliness of
claims’ payments, and extends to all specialized health care
service plans’ requirements to establish and implement procedures
for standing referrals of enrollees to specialists. There is still much
opposition, which the Coalition is attempting to resolve.
Problem
Gambling—Therapist Training and Treatment Programs
SB 1616 (Florez)
This bill would require, subject to appropriation by the Legislature,
the establishment of a program to increase the number of qualified
problem and pathological gambling treatment therapists and to establish
a stepped-care plan of treatment to provide comprehensive care to
problem and pathological gamblers and their families. It would require
the office to award funds, through grant or contract, to design
therapist training and treatment programs for such persons. CAMFT is
watching this legislation that is now in Senate
Appropriations.
Mentally Ill Offenders
SB 1651 (Steinberg and Romero)
This bill would, among other things, authorize the use of mental health
courts. It would also express intent regarding the need to provide
mental health and related services to parolees. It would require the
Department of Corrections and Rehabilitation to create a pilot program,
to the extent funding is available, to provide comprehensive mental
health and supportive services through counties and private providers.
CAMFT is watching this bill that is now in Senate
Appropriations.
Health
Professionals and Torture
SJR 19 (Ridley-Thomas)
This measure would request all relevant California agencies to notify
California-licensed health professionals about their professional
obligations relating to torture and the treatment of detainees such that
those who participate in torture, coercive interrogation, or other forms
of cruel, inhuman, or degrading treatment or punishment may be subject
to prosecution. CAMFT is watching this measure that has moved to the
Assembly.
State
Regulations
California Code of
Regulations Department of Education Special Education in Non-Public,
Non-Sectarian Schools
This proposed regulatory change would have recognized only psychologists
as able to provide psychotherapy services to these special needs
students. CAMFT has expressed strong opposition to this proposed
regulatory change.
Federal
Issues
Mental Health
Parity
The House version of the Mental Health Parity bill has been, to our
dismay, significantly modified. It originally was applicable to all DSM
IV Mental Disorders and has now been restricted. It was destined for
veto if it had remained in its more inclusive form.
MFT Inclusion
in Medicare
None of the bills directed at advancing the interests of MFT inclusion
in Medicare are likely moving forward this year. We are told that should
there be such an effort that gains momentum, the measure would be
destined for veto. We, nevertheless, will not retreat until we see
success, regardless of the number of years it will take.
Mary Riemersma,
CAE, is CAMFT’s Executive Director. She is available to answer
member calls regarding business, legal, and ethical issues
| Legislative Update July 2008 |
|