Legislative Updates
Legislative Update
by Jane Dressler, J.D., OTR/L
From now on, I hope to routinely submit legislative updates to the POTAC Newsletter. I am on the Occupational Therapy Association of California (OTAC)’s Government Affairs Committee and am also OTAC’s liaison to the California Coalition for Mental Health. Both groups keep me posted regularly as to what is going on legislatively.
There are always many issues worth a response. However, I know that everyone is busy and I do not want to overwhelm you. I will try to format the information so that some of it is for your information only, but in each newsletter I will ask you to formally respond to one issue.
Writing to your elected officials is empowering, especially when you get into the habit of doing it regularly. Letter writing is also a great group activity for clients. All you need is the official’s address (now readily available in phone books and on web sites), an opinion (yes, I think we have a few of those), a pencil, a piece of paper, and a name. The following is a brief summary of issues. Please respond to the one about the state budget. The others are just FYI.
I am always available to provide you with more information on an issue or assist in anyway that you need. Do not hesitate to call me on my cell (415-317-2682) or e-mail me at janedressler@yahoo.com.
The following information is from Rusty Selix, the Executive Director of the California Coalition for Mental Health.
California Budget
In a private meeting the Governor indicated that current year revenues are now coming in $400 million below projections and that he has determined that waiting until the 2008–09 fiscal year to implement corrective budget actions will not produce the level of expenditure reductions now required by the growing budget shortfall.
Proposition 58 amended the Constitution to require the Governor and Legislature to enact a “balanced budget” and provided the Governor the authority to declare a fiscal emergency when the state is facing “substantial revenue shortfalls or spending deficiencies”. Under Proposition 58 when the Governor declares a fiscal emergency, he would then be required to call the Legislature into special session and propose legislation (i.e., mid-year cuts) to address the problem. If the Legislature fails to pass and send to the Governor legislation to address the budget problem within 45 days, the Legislature would be prohibited from (1) acting on any other bills or (2) adjourning in joint recess until such legislation is passed. It is very likely that the Governor will be declaring a fiscal emergency which would cause the legislature to begin holding hearings on budget reductions almost immediately after they return to Sacramento on January 7, 2008.
The governor will outline his plan at his State of the State Speech on January 9, 2008.
POTAC action required:
- Listen to or watch the Governor’s State of the State Speech.
- Write a letter to your STATE Senator and STATE Assemblyperson (for San Francisco folks, the State Senators are Carol Migden or Leland Yee and State Assembly members are Mark Leno or Fiona Ma. For other people look in the front of the phone book, google “legislators” or call me) stating that you understand the crisis, but urge them not to cut mental health funds.
- Tell them that you do not favor across the board cuts as they hurt our poorest citizens.
- Identify yourself as an occupational therapist and educate your legislators about what vital services you provide to assist people with mental illness.
- Write a letter today and be prepared to write again later in the year.
Just for your information, OTAC is tracking (taken from OTAC website):
AB 1329 (would require the Trustees of California State University, et al to assess and discuss issues, information and barriers relating to the creation of additional occupational therapy programs to address the occupational therapy shortage); AB 1444 (regarding physical therapy scope of practice), AB 807 (regarding visits for occupational therapy under workers’ compensation — this bill would specify that limits on number of visits for occupational therapy, as well as chiropractic treatment and physical therapy, would not be applicable to treatment prescribed for post surgery care. Existing law limits visits to 24 per industrial injury); SB 352 (similar to AB 807, however this bill exempts the limits for employees of a sheriff’s office, police or fire department).
Just for your information, AOTA is supporting (taken from AOTA website):
Mental Health and Substance Abuse Parity Update.
Parity legislation in both the House and Senate is making its way through the committee process and getting closer to floor action in both chambers. The House Education & Labor Committee passed HR 1424, the Paul Wellstone Mental Health and Addiction Equity Act of 2007 out of committee with a recommendation for passage on the House floor. The Senate has already passed a version of the bill out of the Health, Education, Labor and Pensions (HELP) Committee and the legislation awaits floor action in that chamber as well.
While the bills have a majority of co-sponsors and significant bi-partisan support, opposition from employers and insurance companies remains an obstacle to final passage. Now is a good time to contact your Members of Congress (2 Senators and 1 Representative) and ask them to support mental health and substance abuse parity and urge a floor vote on this important legislation. You can use AOTA’s legislative action center to identify who your Senators and Representative are and then you can call the Capitol Switchboard and ask for your member of Congress at 202-224-3121.
Also worth knowing from AOTA:
Consumers and practitioners narrowly escaped the therapy cap when Congress passed the Medicare, Medicaid and SCHIP Extension Act of 2007 (§2499) on December 19.
Happy Lobbying.