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Background
Last year the House passed the Lilly Ledbetter Fair Pay Restoration Act (H.R. 2381/S. 1843). Sen. Kennedy introduced S. 1843 on July 20, 2007. It currently has 45 cosponsors. The Senate may bring this bill to a vote in the next couple of weeks.

Lilly Ledbetter is a woman who was denied her fair pay claim because the Supreme Court held that the discrimination began too long before she filed a complaint. Ms. Ledbetter did not file a claim sooner because she was unaware of the discrimination. As soon as she discovered the discrimination, she filed a law suit. This bill would allow individuals to sue for long term unfair pay because it considers each time a person is paid as a new violation of rights.

The bill amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when an unequal pay decision is adopted, when an individual becomes subject to the decision or practice, or when an individual is affected by application of the decision or practice, including each time compensation is paid. The bill accrues liability and allows an aggrieved person to obtain relief including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practice that has occurred during the charge filing period is similar or related to a practice that occurred outside the charge filing period.

Action Needed
A vote could occur any day now. Please call your Senators and urge them to vote yes on S. 1843, The Lilly Ledbetter Fair Pay Restoration Act. Let your Senators know that you are a constituent and a social worker requesting their support for better laws protecting women and minorities who are discriminated on the job for pay. Click on Take Action and the CapWiz system will provide you with the phone numbers of your Senators and a script to use when making the calls.

Take Action - Ask Your Senators to Vote for S. 3335 on the Floor

The U.S. Senate may consider legislation to improve insurance coverage for mental health and addiction treatment as early as tomorrow, Tuesday, July 29. Please phone your Senators with the quick message below urging them to support this critical mental health and addictions treatment legislation.

Background:
The Senate leadership has added the mental health parity bill for private insurance negotiated between the House and the Senate to another bill, S. 3335, an unrelated tax extenders package. Please contact your Senators and ask them to vote yes on S. 3335 when it comes to the floor of the Senate.

Action Requested:
NASW members should telephone both of their Senators to urge they pass S. 3335, including the Mental Health Parity Act of 2008 (S. 558). Click on take action above. You will be directed to a page where you can enter your zip code into a box  to be directed to the phone numbers for your Senators. We are targeting all members of the Senate with the following message:
“I am a constituent, professional social worker and member of the National Association of Social Workers. The Mental Health Parity Act of 2008 (S. 558) will provide critical health care protection for 113 million Americans. Please vote for S. 3335, the tax extenders package, which includes this vital mental health legislation.  The Senate must pass lifesaving mental health and addiction parity legislation included in the bill before the August recess.”

Thank you for supporting this critical piece of NASW’s legislative agenda.

For Immediate Release: July 17, 2008

Washington—In a milestone victory, the National Association of Social Workers (NASW) commends the U.S. Senate and House for overriding President Bush’s veto of the Medicare legislation, H.R. 6331, restoring funding for clinical social work payments cut in 2007 and greatly improving coverage of outpatient psychotherapy services. The final House vote on the Medicare Improvements for Patients and Providers Act of 2008 was 383 to 41 and 70 to 26 in the Senate. Numerous Republicans joined united Democrats in overriding the veto.

“NASW is thrilled that mental services are finally receiving full recognition by this Congress,” noted Dr. Elizabeth Clark, executive director of NASW.  “We thank the thousands of NASW advocates who contacted their Senators and Representatives to support passage of the bill.”

The new law contains a rate increase for psychotherapy services cut in 2007.  The Medicare package was designed primarily to halt a scheduled 10.6% cut in all Part B provider payment rates, but the new law also contains little noticed mental health coverage improvements. Among these are a rate increase for clinical social workers billing Part B and a critical Medicare coinsurance parity provision that reduces beneficiary cost-sharing by 5% per year from 50% currently down to 20% in 2014 - reaching full parity with other Medicare outpatient benefits. This is a crucial legislative goal long sought by NASW and other mental health groups.

“Given strong pressure from the White House to narrow the bill, this is a huge victory for clinical social workers and psychologists who worked hard to restore psychotherapy rates in Medicare,” says Jim Finley, NASW lobbyist.  “The sentiment of mental health advocates on final passage was exuberant, as this is a major victory on Medicare’s outpatient mental health benefit.”

Clinical social worker and psychology rates will increase for psychotherapy and related services by 5% (adding $45 million in new spending) for 18 months from July 1, 2008 through December 31, 2009. This psychotherapy rate increase is above the rate given to other medical services under Part B, which all clinicians, including social workers will receive.

The law also provides for Medicare coinsurance parity on mental health services, reducing beneficiaries’ copayments by 5% per year, reducing the rate from 50% to 45% in 2009 and finally reaching 20% in 2014 – achieving full parity with Medicare outpatient benefits. This legislative goal has been supported by NASW and other mental health advocates since Medicare was enacted in 1965. In addition, the law postpones a rate cut for 18 months beginning July 1, 2008 and increases payments for all providers by 1.1% for 2009, including clinical social workers participating in Part B.

Contact: Allison Nadelhaft
202-336-8228
anadelhaft@naswdc.org

Theresa Spinner
202-408-8600 x468
tspinner@naswdc.org

Take Action!

In a beginning victory for the Social Work Reinvestment Initiative, the U.S. Senate passed Medicare legislation, H.R. 6331, which will restore funding for clinical social work payments cut in 2007. The vote was 69-30 thanks to the return of Senator Ted Kennedy (MA), whose vote swayed a number of members to create a veto-proof margin. Thank you to everyone who sent letters to your Senators to help ensure passage of this important piece of legislation.

This year’s Medicare package was designed primarily to halt the scheduled 10.6% cut in all Part B provider payment rates. The legislation would postpone the cut for 18 months, beginning July 1, 2008 and increase payments for all providers by 1.1% for 2009, including clinical social workers participating in Part B. In addition to the 1.1% increase in 2009, clinical social workers would receive an increase of 5% (effective July 1, 2008) above those of other providers. In addition, the bill contains a Medicare coinsurance parity provision, reducing beneficiaries’ copayments by 5% per year from 50% in 2009 to 20% in 2014 - at full parity with medical and surgical benefits. This is a crucial legislative goal long sought by NASW.

Reports are that President Bush will veto the bill and urge Senators to not override his veto.  Contact President Bush today to urge him to sign this legislation.

Message: I am writing as a constituent, professional social worker, and member of the National Association of Social Workers. I urge you to sign the Medicare Bill (HR. 6331). This bill includes vital improvements to ensure Medicare beneficiaries have access to high-quality mental health care. The bill is especially important for the Medicare beneficiaries I serve, as it restores funding for clinical social work payments cut in 2007. This cut has placed the Medicare mental health benefit at risk and addressing it must be a top priority in any Medicare legislation this year. I also am pleased the bill finally treats mental health coverage equally with other medical benefits, providing Medicare coinsurance parity and halting the scheduled 10.6% cut for all outpatient provider payments. Please vote to pass H.R. 6331. It will make a real difference for the beneficiaries I serve. 

For more information on this issue, go to:  http://capwiz.com/socialworkers/issues/alert/?alertid=11549951

Take Action!

NASW had important issues at stake in the Congress this week as major bills concerning both Medicare and Medicaid moved closer to the President for signature. Medicare Bill Falters on the Senate Floor, Re-Vote ExpectedLast night 39 Senate Republicans blocked passage of the Medicare bill (H.R.6331). The Senate fell just one vote short of a necessary 60 votes to break a GOP filibuster. It’s hoped this setback will be brief, until Congress returns from a week-long recess on July 7. The Senate’s failure stood in stark contrast to an overwhelming House vote (355-59) in favor of the same bill just two-days earlier. NASW is working with congressional leaders and coalition partners to get a successful re-vote in the Senate. We are now asking you to increase your efforts to contact your Senators, in anticipation of a new vote when the Senate returns in early July. HR. 6331 contains crucial provisions for social workers and for Medicare beneficiaries. To find out more, click here.

Action on Medicare Requested:

We are focused on changing the votes of 39 GOP Senators who voted wrong on this vital Medicare bill. Our message is targeted to your Senator based on their vote. Please type in your zip code and our site will customize a letter to your Senator based on their last vote on HR. 6331. Please email your Senator now. Senator Reid voted “no” as a parliamentary maneuver although he does support the bill.

Medicaid Moratorium Heads Toward President

NASW members scored a huge victory in Medicaid yesterday when the Senate approved a one-year freeze on the implementation of six regulations that would have make steep cuts to the Medicaid program. Those provisions were part of the domestic spending provisions in a large supplemental appropriations bill funding the Iraq war, veterans’ benefits, and a range of domestic needs. Among the Medicaid provisions that will be protected now are targeted case management services and rehabilitative services. For background on how these rules would have harmed social work services, click here. The bill, signed by the President today, will halt six sets of regulations that the Bush Administration would have used to make deep cuts in certain Medicaid services. The bill will place those faulty regulations on hold until April 1, 2009, when a new Administration will have had time to revise them. Thank you to all NASW members who participated in winning this hard-fought victory!