NASW attended the National Partnership for Women and Families (NPW) annual luncheon on June 24.  NASW has been a luncheon sponsor for the past five years.   The keynote speaker for this year’s event was Kathleen Sebelius, Secretary of the Department of Health and Human Services.  She spoke about how the Affordable Care Act will benefit women.

Secretary Sebelius stated that, “when you look at the full range of women’s health needs and the full range of reforms in this new law, the Affordable Care Act is the best women’s health bill since Medicare.”  To read Secretary Sebelius’ full remarks, go to:

http://www.hhs.gov/secretary/about/speeches/sp20100624.html

Recently, the Department of Labor (DOL) issued a new Administrator Interpretation on the meaning of “in loco parentis” in the Family and Medical Leave Act (FMLA).  The interpretation makes clear that a person who steps in to parent a child qualifies for FMLA leave under the provision of the Act that provides leave for those who act in loco parentis. Examples include: grandparents, domestic partners and other relatives.  To read the entire interpretation, go to:

http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.pdf

On Thursday, June 24^th, the House Committee on Education and Labor, Subcommittee on Healthy Families and Communities, chaired by Representative Carolyn McCarthy (D-NY), held a hearing on cyber bullying.  The witness panel included popular television psychologist, Dr. Phil Mcgraw, and 14-year-old Girl Scout, Dominique Napolitano. Ms. Napolitano offered personal insight by describing a cyber bullying incident involving a school friend, and indicated that “cyber bullying poses serious consequences to the health and safety of all children.” As the reauthorization of the Elementary and Secondary Education Act (ESEA) approaches, the panel urged Congress to add language to this act regarding the prevention of cyber bullying.

In 2009, 3.2 million American children perpetrated or were victimized by cyber bullying.   However, many parents remain unaware of the magnitude of problem.

Preventative measures include sites such as www.wiredsafety.com, which offer tools for cyber bullying prevention, as well as various media outreach campaigns. Ms. Napolitano and Dr. McGraw reinforced the importance of maintaining a dialogue with children regarding safe internet usage. Many schools have also implemented effective prevention programs that encourage children to anonymously report instances of cyber bullying. Congresswoman McCarthy stated that the committee would consider adding language to the ESEA regarding cyber bullying prevention programs.

For more information on the hearing: http://edlabor.house.gov/hearings/2010/06/ensuring-student-cyber-safety.shtml

For more information on cyber bullying: http://www.helpstartshere.org/kids-and-families/schools-andcommunities/cyberbullying.html

For more information on ESEA: http://edlabor.house.gov/hearings/education/esea/

Today, the lead Cabinet secretaries from the United States Interagency Council on Homelessness (USICH) – from the U.S. Departments of Housing and Urban Development (HUD), Labor (DOL), Health and Human Services (HHS), and Veterans Affairs (VA) – joined Executive Director of the USICH Barbara Poppe to unveil and submit to the President and Congress the a comprehensive strategy to prevent and end homelessness. The full report is titled Opening Doors: Federal Strategic Plan to Prevent and End Homelessness. The plan is working to end veterans and chronic homelessness by 2015; and to ending homelessness among children, family, and youth by 2020.

A webinar on the plan will be available on www.hud.gov/webcasts, on Wednesday, June 23rd from 2:00 –2:45 p.m. EST.  During the webcast, questions can be asked via email at Homelessness@hud.gov.

The House Committee on Education and Labor, Subcommittee on Healthy Families and Communities, chaired by Representative Carolyn McCarthy (D-NY), recently held a hearing on “Corporal Punishment in Schools and its Effect on Academic Success.”  McCarthy explained that over 220,000 students were paddled in schools in the United States in the 2006-2007school year, according to the most recent data available from the U.S Department of Education’s Office of Civil Rights (OCR).

Teachers and school administrators from across the country testified including Wynell Gilbert, a teacher at Erwin High School in Center Point, Alabama. He described a program developed by the American Federation of Teachers that trains teachers to “run effective, orderly, safe, and respectful classrooms” without the use of corporal punishment. It was also noted that research does not indicate that corporal punishment leads to better behaved students or enhanced classroom control. For the full hearing transcript click here http://edlabor.house.gov/hearings/healthy-families/

According to Representative McCarthy, corporal punishment is permitted in 20 states and OCR statistics indicate that a disproportionate number of those paddled are African-American or disabled students and are likely to be in kindergarten through the 8th grade. McCarthy stated that she plans to introduce legislation to end paddling in schools, observing that federal statutes already prohibit physical punishment in prisons, jails, and medical facilities. NASW has long been opposed to the physical punishment of children in schools. To read about NASW’S policy statement on this and other school social work issues, go to www.socialworkers.org/advocacy/school/default.asp

NASW has co-signed a letter with the National Child Abuse Coalition, recognizing Representative McCarthy’s efforts to address corporal punishment in schools. To read the full sign on letter, click here.

For more information on NASW’s work in child abuse prevention, go to the Child Welfare or Children Adolescents and Young Adults section, Credentials, and Practice Standards.

Faced with several more days of congressional debate, the Centers for Medicare and Medicaid Services (CMS) has begun processing payments for Medicare Part B claims for services delivered beginning June 1, 2010 and afterward, including those of physicians and clinical social workers. For the third time this year, Congress has been stymied in its efforts to pass legislation that would prevent a scheduled Medicare Part B fee reduction of 21 percent. Medicare payments to clinical social workers during this period will reflect a 21 percent cut below the amount paid in May.

Congress is well aware of the fee confusion and frustration of Medicare providers and is making progress toward completion of a short-term solution. On Thursday, June 17, 2010, the Senate passed a six-month agreement to reverse the 21 percent cut in outpatient provider fees paid by Medicare. This new bill will be considered and likely  passed on Tuesday, June 22. To speed Senate passage, this new Medicare measure was removed from larger extenders legislation (H.R. 4213); see our recent extender alert here. The now separated Medicare fee provision will be considered in the House as H.R. 3962.

The new Medicare bill provides $6.4 billion to undo the 21 percent cut in Part B payments that has already gone into effect. When passed, the fee reversal will require CMS to reprocess all reduced claims at the fully restored amount. The new Medicare bill is fully offset by savings in Medicare billing regulations, anti-fraud provisions and the tightening of some pension rules, thus overcoming Republican objections that it would put the federal government deeper into debt. Meanwhile the Senate remains deadlocked on the larger extenders bill, H.R. 4213, which still contains Medicaid, Unemployment Insurance, and TANF Emergency Funds supported by NASW.

Action Requested

Email your targeted Senator today and urge they support critical extenders legislation, H.R. 4213. Target Senators: Bayh (IN), Brown (MA), Collins (ME), Menendez (NJ), Nelson (NE), Shaheen (NH), Snowe (ME) and Warner (VA).

Background

Congress has struggled for weeks over a sprawling “extenders bill” caught between conflicting needs to reduce deficit spending and extend several key expiring programs that meet essential human needs including: Medicaid state fiscal relief, extended unemployment insurance benefits, COBRA subsidies for the unemployed, TANF Emergency Fund and Medicare payments for Part B providers. The legislation, known as the “extenders bill” (H.R. 4213) stalled during Senate floor consideration this week, but it will return to floor consideration the week of June 14, 2010.

NASW has called on Congress to pass the key spending measures in the bill that directly impact social workers and the clients they serve. At the root of the delay is a controversy over the appropriate level of deficit spending necessary to finance the legislation. Both the Senate and House have found it extremely difficult to muster even very narrow majorities for passage. In late May, the House resorted to large cuts in the bill to pass its version, eliminating extenders for critical unemployment insurance benefits, COBRA subsidies for unemployed workers and Medicaid state fiscal relief. Currently, Senate passage is uncertain and resistance is coming from a few Democrats and all Republicans. More information about the legislation and the importance of the Medicare and Medicaid provisions for clinical social workers may be found on our website here.

Advocacy targets: Several Democrats have concerns about overall spending and tax provisions in the bill. They need to hear constituent support for the bill, contact: Bayh (IN), Menendez (NJ), Nelson (NE), Shaheen (NH), and Warner (VA). All Republican Senators are currently opposed, but at least one of their votes is necessary to pass the bill. Republican targets include: Brown (MA), Collins (ME), and Snowe (ME). If your Senator appears on this list, please email them with this message. Thanks for taking action!

The White House Office of Public Engagement is asking NASW and other national and community organizations to become involved in the 2010 “United We Serve” initiative - to combat childhood obesity and summer learning loss, by encouraging our nation’s youth to engage in summer reading, become more physically fit, and make healthy food choices. This initiative is an Administration-wide effort led by First Lady Michelle Obama and four federal agencies – the Departments of Education, Interior, Health and Human Services, and Agriculture. The “United We Serve” summer service initiative is a nationwide effort, calling on all Americans to make service a part of their daily lives,” said Mrs. Obama. “We are asking individuals and organizations to come together and devote their time and energy to help our kids stay active and healthy – and to keep them learning – all summer long.”

The program website offers ideas and toolkits that social workers can implement in agency or neighborhood settings:

http://www.serve.gov/toolkits.asp

The program suggests 10 easy ways for an individual to become involved in helping kids to exercise, eat healthy, and continue reading this summer:

• Help Build or rehab a playground
• Clear a walking trail
• Sponsor a sports tournament or camp for kids
• Help a child meet the President’s active lifestyle challenge: www.fitness.gov/challenge/index.html
• Conduct summer feeding program outreach
• Create a community garden
• Glean a local farm and donate the fresh produce to local food banks
• Read to kids
• Organize a book drive for children
• Organize a back to school supplies drive

Read more about NASW’s support for the Administration’s Childhood Obesity efforts in the June issue of NASW News:

NASW recently partnered with the Committee for Education Funding (CEF) and the Coalition for Health Funding (CHF) to urge House and Senate Appropriators to substantially increase funding in the FY 2011 budget for several line items to include job training programs, Pell Grants, Head Start, and the Child Care and Development Block Grant. To learn more about the federal government’s budget, go to http://www.whitehouse.gov/omb/ and to review our coalition’s letter to Congress on this issue click here.

Effective June 1, 2010, the Federal Trade Commission (FTC) has once again delayed enforcement of the “Red Flags” Rule through December 31, 2010. The FTC stated this new delay is necessary to allow time for Congress to consider legislation that would affect the scope of entities covered by the Rule. Institutions will remain under the original November 1, 2008, deadline for compliance.

The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC to develop regulations requiring creditors and financial institutions to address the risk of identity theft. The resulting “Red Flags” Rule requires all entities that have covered accounts to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft. All health care practitioners, including clinical social workers, were originally included for enforcement oversight. FTC action today again temporarily suspends their inclusion under the rule, and the Commission urged Congress to act quickly to pass legislation that will resolve questions as to which entities are covered by the Rule.

The “Red Flags” Rules would require many businesses and organizations to implement a written identity theft prevention program designed to detect the warning signs of identity theft in their day-to-day operations. As written, the rules would apply to a wide variety of independent health professionals, including physicians and clinical social workers, in small private and group practices. The Rule’s applicability to health care professionals, particularly small-scale practitioners, is highly controversial.  More information is available at the FTC website here. NASW provided information about the identity theft regulations in the June 2009 LDF Legal Issue of the Month. The article may be accessed here, and members must login in with their userID and password. For more background on NASW activity, please see our recent article in, “News from the Hill,” here: NASW Advocacy Blog.

For information about the Qualified Clinical Social Worker Credential, go here.

For information about the Private Practice Specialty Practice Section, go here.

For information on Clinical Social Work Practice, go here.

For publications on clinical social work practice, go here.