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!

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A crucial Senate floor vote on Medicare legislation is expected on Sunday, June 29. Email your Senators now, urging them to support “cloture” on HR. 6331. Send the message below to support passage of this important bill for clinical social workers. Simply enter your zip code and send this preformed letter.

Message: I am writing as a constituent, professional social worker, and member of the National Association of Social Workers. I urge you to support passage of the Medicare Bill (HR. 6331) on the floor. 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.

Background: The Medicare bill, also known as the Medicare Improvements for Patients and Providers Act of 2008, (HR. 6331) includes important provisions for clinical social workers, including a rate increase for clinical social work services cut in 2007. Clinical social worker rates would increase for psychotherapy and related services by 5% ($45 million) for 18 months from July 1, 2008 through December 31, 2009, above the rate given to other medical services. Given strong pressure from the White House to narrow the bill, this is a huge victory for clinical social workers and psychologists who have worked to restore psychotherapy rates in Medicare. Very importantly, this compromise House and Senate 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. This year’s Medicare package is designed primarily to halt the scheduled 10.6% cut in all Part B provider payment rates. This compromise bill 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, if this bill passes. Since the House has already approved HR. 6331, this bill will immediately be sent to the President for consideration. It is unclear whether he would sign it in its present form.

A Piece is Missing: Unfortunately, this compromise bill does not include language sought by NASW permitting clinical social workers to bill separately for services to Medicare Part A nursing home residents (Clinical Social Work Medicare Equity Act, S.1212). This provision was included in an earlier House Medicare package (HR. 3162) and NASW will continue fighting to get this bill enacted next year. For more background on legislative activity, see NASW’s website: NASW recent Medicare alerts.

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Washington—Today, the U.S. Supreme Court issued a precedent-setting 5-4 decision, reversing a May 2007 ruling of the Supreme Court of Louisiana, and holding that the imposition of the death penalty for child rape violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

The National Association of Social Workers (NASW) and its Louisiana Chapter filed an amicus curiae brief in Kennedy v. Louisiana arguing that the death penalty for child rape harms the victims it is intended to help. The Court adopted the reasoning in NASW’s brief as support for its conclusion that the death penalty is a disproportionate consequence for a crime that does not result in the death of the victim. NASW was joined on the brief by several coalitions of sexual assault treatment providers from across the nation.

The Supreme Court stated, “It is not at all evident that the child rape victim’s hurt is lessened when the law permits the death of the perpetrator.” It indicated that the repeated testimony required of the child victim in a capital case “forces a moral choice on the child, who is not of mature age to make that choice.” It also pointed out the concerns cited in NASW’s brief that the death penalty provides an incentive for the perpetrator to kill his victim who is often the only witness, is likely to increase the emotional trauma to the victim due to repeated court testimony about acts of brutality, and may increase the underreporting of child sexual abuse, as perpetrators are often family members.

These factors, taken together, along with the Court’s substantial discussion of the lack of clear consensus among the states on the death penalty for child rape and the evolving standards of decency, formed the basis for the Court’s definitive ruling.

“We are heartened that the Court found the real-life experiences of victims and their families, as well as research on the reporting of child sexual abuse, persuasive. This ruling supports the investigation and prosecution of child sexual abuse while providing an opportunity for victims to heal,” said NASW Executive Director Elizabeth J. Clark, PhD, ACSW, MPH.

NASW is the largest association of social workers in the world, with 145,000 members and 56 chapters throughout the United States and abroad. Professional social workers provide treatment and advocacy for victims of sexual assault and other crimes. NASW also advocates the adoption of policies that promote assistance for victims of crime and supports research on the effects of crime on victims. NASW’s brief was prepared by the pro bono legal team of David M. Gossett and Kevin Ranlett from Mayer Brown LLP in Washington, DC and Joseph Thai of the University of Oklahoma College of Law.

Contacts:

Sherri Morgan
Office of General Counsel
202-336-8282
smorgan@naswdc.org

Gail Woods Waller
NASW Communications
202-336-8236
gwaller@naswdc.org

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A crucial House floor vote on Medicare legislation is expected tomorrow, Tuesday, June 24th. Email your Representative now, urging them to support HR. 6331 on the floor. Send the message below to support passage of this important bill for clinical social workers. Simply enter your zip code and send this preformed letter.

Message: I am writing as a constituent, professional social worker, and member of the National Association of Social Workers. I urge you to support passage of the Medicare Bill (HR. 6331). This bill includes much-needed adjustments 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 the House passes. I also am pleased the bill finally treats mental health equal to other medical benefits and provides Medicare coinsurance parity and halts the scheduled 10.6% cut for all Part B provider payments. Please vote to pass H.R. 6331. It will make a real difference for the beneficiaries I serve.

Background: The House Medicare bill, also known as the Medicare Improvements for Patients and Providers Act of 2008, (HR. 6331) includes important provisions for clinical social workers, including a rate increase for clinical social work services cut in 2007. Clinical social worker rates would increase for psychotherapy and related services by 5% ($45 million) for 18 months from July 1, 2008 through December 31, 2009, above the rate given to other medical services. Given strong pressure from the White House to narrow the bill, this is a huge victory for clinical social workers and psychologists who have worked to restore psychotherapy rates in Medicare. In addition, the House and Senate bills contain the 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 legislative goal long sought by NASW. This year’s Medicare package is designed primarily to halt the scheduled 10.6% cut in all Part B provider payment rates. Both the House and Senate bills (HR. 6331/S. 3101) 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, if this bill passes.

The House bill, H.R. 6331, is based on the Baucus/Snowe Medicare bill, S. 3101, which was debated on the Senate Floor, but failed to win enough votes for passage on June 12. The Senate is now behind closed doors renegotiating its bill.

A Piece is Missing: Unfortunately, neither the House nor Senate bills include language sought by NASW permitting clinical social workers to bill separately for services to Medicare Part A nursing home residents (Clinical Social Work Medicare Equity Act, S.1212). This provision was included in the earlier House Medicare package (HR. 3162) and NASW is still working to get Senator Baucus to add it to his bill in the Senate. Over 3,000 of you have sent over 7,000 messages to your Senators advocating for this inclusion. Senators still need to hear from you to add the Mikulski bill (S.1212) to S.3102, so if you have not already sent a message, do so now. (link to last week’s alert) For background on legislative activity last year, see NASW’s website: NASW Medicare Alert.

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Message: Please contact Speaker Nancy Pelosi (D-CA) by Tuesday afternoon, June 10, and urge her to “keep all seven Medicaid rule moratoria in the Supplemental Spending Bill.” E-mail her at AmericanVoices@mail.house.gov or call the Capitol switchboard toll free at 866-340-9281, and ask for the Speaker’s Office to leave her the voice message quoted above.

Background

This week House leaders struck a tentative deal under which three of the Centers for Medicare and Medicaid Services (CMS) Medicaid regulations - targeted case management (TCM), provider taxes, and outpatient clinics- would be stripped from the Medicaid moratorium package in the supplemental appropriations bill nearing the House floor. Four other Medicaid rule moratoria would remain in the supplemental bill, these include protections for administrative and transportation claiming and rehabilitation services, all are important to social workers in some states and settings. However, NASW and its coalition partners urgently seek inclusion of all seven Medicaid rules in the moratorium package. We are particularly concerned with restoring the moratorium on the targeted case management rule to the supplement spending package. If restored, this rule on case management services would protect professional social worker services now offered in many states. NASW has detailed background information on the Medicaid rule moratorium bill on our Advocacy webpage at:

http://www.socialworkers.org/advocacy/alerts/2008/032608.asp

Thank you for your support of social worker services.

For further information, contact Jim Finley at NASW: jfinley@naswdc.org

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She Should Run, now in its second year, is a comprehensive effort to gather names of women leaders who should run for public office. WCF is committed to offering these women the essential encouragement they deserve. Their Website provides information and tools about women running for office, including links to organizations that provide financial support and training (http://www.sheshouldrun.org/index.php?/pages/guide/).

Do you know a woman who gets things done? Research shows women are more likely to run for office if someone asks them.  Tell a woman she should run for office, share her story, and start her on a path to becoming the influential public office holder she was always meant to be.

Last year’s She Should Run nominees come from over 40 states and represent women across the professional spectrum - from women just getting started to those with over 20 years of experience. Over 80% have never run for office before, but more than two-thirds say they are more likely to run because of this campaign. A few of the nominees are already running for office this year.

We know there are thousands more women all across the country who are qualified and ready to lead, yet they aren’t seriously considering public life. We know some of these likely candidates are also social workers. The Women’s Campaign Forum set a new goal of finding 1,500 additional pro-choice women who should run for office and they need your help.

If you know a woman who should run for office, nominate her today.

If you are interested in running for office, they are interested in you. Click here to nominate yourself.

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NASW-CA 20th Annual Legislative Lobby Days Rally March 10 2008 guest speaker Catalina Alvarez MSW student at San Jose State University

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Send a letter to YOUR Senators in support of S. 2858!

WASHINGTON—In concert with a global celebration of the social work profession, two U.S. Senators, who are also trained social workers, have introduced legislation that will help the nation’s 600,000 professional social workers better serve families and communities in need.  Senator Barbara A. Mikulski (D-MD) and Debbie Stabenow (D-MI) today introduced S. 2858—the Dorothy I. Height and Whitney M. Young Jr. Social Work Reinvestment Act—to address a nationwide shortage of social workers.

Additional original co-sponsors of the Senate bill include Senators Daniel K. Inouye (D-HI) and Gordon H. Smith (R-OR). Congressman Ed Towns (D-NY) introduced a companion bill in the U.S. House of Representatives in February, which now has more than 45 co-sponsors.

Both Senate and House bills seek to create a Social Work Reinvestment Commission to study policy issues associated with recruitment, retention, research and reinvestment in the profession of social work. Specifically, the Commission will study how issues such as fair market compensation, educational debt, labor trends, knowledge development, workplace safety, and state-level licensure have impacted the social work workforce.

In addition, the bill’s proposed demonstration programs would fund competitive grants in the areas of workplace improvements; research, education and training; and community-based programs of excellence. These grants will support efforts underway within the private and public sectors, in the post-doctoral research community, at institutions of higher learning, and within community-based organizations. For more information, please visit www.SocialWorkReinvestment.org

“I’m fighting to address the social worker shortage, not just as the Senator from Maryland who is standing up for her constituents, but also as a professionally trained social worker. I have provided these very services and realize what will happen if my constituents cannot get them,” said Senator Mikulski. “I will continue to fight for social workers and the people who rely on the critical work they provide to our nation’s most vulnerable citizens.”

“As a certified social worker, I know firsthand how critically important their skills are to communities,” said Senator Stabenow.  “Without trained social workers, individuals in dire need of health, educational and family support services simply fall through the cracks unserved. This legislation brings much needed funding to stem this shortage of social workers and the vital services which they provide.”

Elizabeth J. Clark, PhD, ACSW, executive director of the National Association of Social Workers, said, “We are honored that two of the most distinguished members of the U.S. Senate are providing leadership for this campaign. Investments were once made to educate and train the social work workforce.  In recent decades, though, such support has been limited, and the profession has found it increasingly difficult to recruit new social workers and to retain experienced social workers. America’s professional social workers need greater support to continue providing millions of struggling individuals and families with valuable mental health, social, and psychosocial services.”

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The Centers for Medicare and Medicaid Services (CMS) has issued seven Medicaid regulations that will significantly cut Medicaid payments for social work and other services to vulnerable Medicaid clients. The regulations are an attempt to implement Medicaid cuts proposed in the Bush Administration’s Fiscal Year 2008 Budget.

Recently, Representatives John Dingell (D-MI) and Timothy Murphy (R-PA) introduced “Protecting the Medicaid Safety Net Act of 2008” (H.R. 5613) to delay until April 9, 2009 implementation of these seven cost-cutting Medicaid regulations. The bill has been referred to the House Energy and Commerce Committee, which may consider it as early as April 1. Similar legislation will be introduced shortly in the Senate.

The seven rules reduce Medicaid recipients’ access to rehabilitative services, targeted case management, school-based transportation and outreach services, and hospital clinic services. The regulations have drawn strong criticism from social workers across the country and a range of other stakeholders, including organizations representing people with disabilities, children and families, hospitals, educators, providers and state Medicaid directors. H.R. 5613 would impose a moratorium on all seven of the detrimental rules.

How much will the Medicaid regulations cost your state? Congressional staff have prepared an estimate of the impact of these rules for your state at: http://oversight.house.gov/features/medicaid08/ Fortunately, Congress has the authority to delay the implementation of these regulations through a legally authorized postponement known as a moratorium. A moratorium gives Congress time to review the regulations closely and propose needed revisions through legislation.

Status

House Energy and Commerce Committee Chairman John Dingell (D-MI) and Rep. Tim Murphy (R-PA) introduced the Protecting Medicaid Safety Net Act of 2008 (HR 5613) on March 13. The bill would provide a 1 year moratorium on the regulations, prohibiting CMS from taking action to implement them until April of 2009. A Senate companion bill is expected to be introduced soon.

Take Action

Please contact your Representative and him/her to pass HR 5613. NASW members may use our website to send a sample message electronically to their Representative, by visiting
http://capwiz.com/socialworkers/issues/alert/?alertid=11190396&PROCESS=Take+Action

For background information, see the comments NASW submitted with its coalition partners to CMS (Rehab option comments to CMS; School-based transportation and administration comments to CMS; and Targeted case management comments to CMS)

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