Legislative Updates
Medicare and the New Health Care Law — What it Means for You
A Message from Kathleen Sebelius,
Secretary of Health & Human Services
CENTERS FOR MEDICARE & MEDICAID SERVICES
The Affordable Care Act passed by Congress and signed by President Obama this year will provide you and your family greater savings and increased quality health care. It will also ensure accountability throughout the health care system so that you, your family, and your doctor—not insurance companies—have greater control over your care.
These are needed improvements that will keep Medicare strong and solvent. Your guaranteed Medicare benefi ts won’t change—whether you get them through Original Medicare or a Medicare Advantage plan. Instead, you will see new benefi ts and cost savings, and an increased focus on quality to ensure that you get the care you need.
This brochure provides you with accurate information about the new services and benefi ts to help you and your family now and in the future. The Centers for Medicare & Medicaid Services (the federal agency that runs the Medicare, Medicaid, and Children’s Health Insurance Program) will continue to provide you with up-to-date information about these new benefi ts and will ensure that your personal information is safe.
VIEW the FULL Brochure
ACA/AMHCA/NBCC Update: Senate Bill Introduced on TRICARE Independent Practice Authority
The counseling profession took a significant step forward with the introduction of Senate legislation (S. 3371) that will make it easier for TRICARE beneficiaries to see a professional mental health counselor. TRICARE is the health care system for service members and their dependents, and licensed professional counselors are the only mental health professionals still required by law to see beneficiaries following physician referral and under physician supervision.
Senators Joseph Lieberman (I-CT), Claire McCaskill (D-MO) and Susan Collins (R-ME) jointly introduced the “TRICARE Mental Health Care Access Act,” S. 3371 to allow licensed professional counselors to independently treat and diagnose TRICARE beneficiaries. The American Mental Health Counselors Association, the American Counseling Association and the National Board for Certified Counselors applaud the senators for sponsoring this legislation, as it is a much-needed step forward in giving TRICARE beneficiaries better access to highly skilled outpatient mental health professionals. Our three organizations are working closely together to gain the enactment of legislative language providing counselors independent practice rights as part of this year’s National Defense Authorization Act (NDAA).
Introduction of S. 3371 comes on the heels of a recently released Institute of Medicine (IOM) report that recommends independent practice of mental health counselors in TRICARE. The Institute of Medicine’s report, titled “Provision of Mental Health Counseling Services under TRICARE,” was conducted pursuant to a request by Congress contained in the National Defense Authorization Act for Fiscal Year 2008. The IOM panel recommended granting independent practice authority for counselors who have:
A master’s (or higher) degree in mental health counseling from a program accredited by the Council for Accreditation of Counseling and Related Education Programs (CACREP);
Obtained state licensure in mental health counseling at the “clinical” or highest level available;
Passed the National Clinical Mental Health Counselor Examination (NCMHCE);
and Have a well-defined scope of practice sufficient to permit a counselor to see TRICARE beneficiaries absent primary care physician supervision and referral.
Representatives Tom Rooney (R-FL) and Mike McMahon (D-NY) introduced a similar bill, H.R. 3839, last October. The Rooney-McMahon legislation would let any counselor participating in the TRICARE program practice independently, just like clinical social workers and marriage and family therapists have done for years. The legislation is currently being cosponsored by Reps. Bordallo (GU), Courtney (CT), Israel (NY), Jones (NC), Kilpatrick (MI), McMorris Rodgers (WA), Rodriguez (TX) and Shuster (PA).
AMHCA, ACA, and NBCC are working with members of the House and Senate Armed Services Committees to gain adoption of legislative language based on H.R. 3839 and S. 3371 as part of the defense authorization legislation being considered over the coming weeks. We urge counselors to contact their representatives to ask them to cosponsor H.R. 3839, and to contact senators to ask for cosponsorship of S. 3371. The more cosponsors we have on the legislation, the greater our chances of establishing independent practice authority for as many counselors as possible within the TRICARE system.
For more information, contact Scott Barstow with ACA’s public policy office, at 800-347-6647 x234, email: sbarstow@counseling.org.
NCC ALERT
Health Reform Passes without Counselor Medicare Language
March 22, 2010
On Sunday, March 21, the House of Representatives passed the Senate health care reform bill, sending it to President Obama for signature. While language adding counselors to the list of Medicare providers made it through a preliminary vote in the House Budget Committee, it didn’t survive compromise with the Senate in the Rules Committee, thus ending its chance for inclusion in the final package.
NBCC, along with ACA, AMHCA, AAMFT, and CAMFT worked aggressively to get and keep our language in the reform package throughout the process. While the original House-passed legislation included our provision, the Senate bill did not. Development of the final product became a highly political process that hinged heavily on budgetary issues. Our cost was modest compared to the overall reform price tag, but all new spending was closely scrutinized and many similar provisions did not make it through this screening--including the social work Medicare priority relating to skilled nursing facilities. Success of the reform package was uncertain until the very end, when the House marshaled the votes to pass the Senate bill 219-212, along with a “reconciliation” bill on a vote of 220-211 that incorporates the House-Senate compromises. The reconciliation bill must still pass the Senate, but only 50 votes are required so approval is almost certain. Both measures will be sent to the President for signature.
While we did not succeed in final passage, we have again moved the ball even closer to the goal. We will continue our push for inclusion of Medicare counselor coverage in all relevant health care vehicles, and potential opportunities this year are already being rumored. Your advocacy efforts helped bring us to the brink of success and we hope you will keep up the calls and letters in our next big push. We cannot succeed without your help and will not stop until we get the ball across the goal line. If you have any questions, please contact NBCC at advocacy@nbcc.org.
Thank you for your support and perseverance.
Sincerely,
Dave Bergman
NBCC VP for Legal and External Affairs
Health Bill Fine Print—and Counselor Medicare Coverage—Comes Down to Final Hours
Later this week, House leaders will finalize a package of changes to make to the Senate’s version of health care reform legislation. We need Medicare coverage of licensed professional counselors to be included in this package!
Although ACA is working to get Medicare coverage of counselors included in the reconciliation package, this effort will not be successful unless members of Congress hear from counselors.
We need counselors from across the country to call their members of Congress and congressional leaders to ask for approval of health care legislation which includes Medicare coverage of medically-necessary outpatient mental health services provided by licensed professional counselors.
To find out who your members of Congress are—and find phone numbers for their offices and those for House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid—go to ACA’s internet action center at capwiz.com/counseling.
Do you want to even the playing field between counselors and other master’s level mental health professionals? If so, it is imperative that we gain recognition under Medicare, and to gain recognition under Medicare it is imperative that counselors make their voices heard in Congress.
NOW IS OUR CHANCE!
For more information or to share your comments, contact:
Scott Barstow, Director of Public Policy and Legislation
American Counseling Association
5999 Stevenson Avenue
Alexandria, VA 22304
703.823.9800, sbarstow@counseling.org, www.counseling.org
NCC ALERT
Medicare Coverage of Counselors
The U.S. House of Representatives passed a health care reform bill (H.R. 3962) on November 7, 2009, that includes language adding professional counselors to the list of eligible Medicare providers. The Senate released its health care reform bill (substituted for H.R. 3950) on November 18; however, it does not include counselors as Medicare providers. NBCC continues to press to have Medicare recognition language included in the final health care reform package and urges all NCCs to contact their senators to help make this happen. |
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Pennsylvania State Bills
Senate Bill 990 (Regular Session 2009-2010)
An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for qualifications for license.
Senate Bill 353 (Regular Session 2009-2010)
An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for legislative intent, for definitions, for licensure, for the licensing agency and its functions, for licensure qualifications and procedure, for exemptions, for reciprocity and for license reinstatement; providing for restrictions on use of title "Licensed Human Services Professional"; and further proscribing unlawful practice.
Senate Bill 1250 (Regular Session 2009-2010)
An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for definitions, for license required, for reciprocity, for restrictions on the use of title "licensed social worker," for restrictions on the use of title "licensed clinical social worker," for restrictions on the use of title "licensed marriage and family therapist" and for restrictions on the use of title "licensed professional counselor"; prohibiting unlicensed practice; further providing for penalties; and further prohibiting unlawful practice.
Senate Bill 641 (Regular Session 2009-2010)
An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for legislative intent, for definitions, for licensure, for the licensing agency and its functions, for licensure qualifications and procedure, for exemptions, for reciprocity and for license reinstatement; providing for restrictions on use of title "Licensed Human Services Professional"; and further proscribing unlawful practice.
Senate Bill 515 (Regular Session 2009-2010)
An Act amending the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act, further providing for commitment of minors. Includes LPCs with specific training in D&A treatment to conduct assessments. For more information click here.
Senate Bill 306 (Regular Session 2009-2010)
An Act providing for identification badge for licensed health care practitioner and for penalties; and providing for the powers and duties of the Bureau of Professional and Occupational Affairs within the Department of State. Click here for more information.
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It is critical that senators understand the importance of including language providing Medicare reimbursement of counselors in the final health care reform legislation. This can happen on the Senate floor and during the conference negotiations. To make this happen, senators need to hear from their constituents about this issue. With your help, we have gotten this legislation through the Senate in 2003 and 2005, and the House in 2007 and 2009. The time has come to get it through both chambers at the same time.
The Senate has begun to debate the legislation. They need to hear from NCCs urging support for inclusion of Medicare reimbursement of counselors in the health care reform legislation.
Please call the Capitol Hill switchboard today (202-224-3121) and ask to be referred to your senator. Not sure what to say? We’ve included a sample message (below):
“My name is [name] and I am a National Certified Counselor living in [city and state]. I am calling to ask Senator [name] to urge inclusion of language providing Medicare coverage of professional counselors and MFTs in the health care reform package.”
If you have any questions, please contact NBCC at advocacy@nbcc.org.
Thank you for your support.
Sincerely,
Thomas W. Clawson, Ed.D., NCC, LPC
Late Saturday, November 7th, the House of Representatives passed an historic health insurance reform bill—H.R. 3962, the “Affordable Health Care for America Act”—including language establishing Medicare coverage of licensed professional counselors for the provision of medically-necessary outpatient mental health services. The Medicare coverage provision, which also applies to marriage and family therapists, is included in Section 1308 of the bill. According to the nonpartisan Congressional Budget Office (CBO), H.R. 3962 would reduce the federal deficit by $109 billion over the next ten years, and would expand coverage to 96% of Americans. The legislation was passed by a vote of 220-215.
ACA applauds the House of Representatives for passing this legislation. ACA has long sought to establish Medicare coverage of counselors’ services, and has consistently supported expanding health insurance coverage. Counselors can identify their Representative at the House of Representatives website at http://www.house.gov. A listing of how members voted is available here.
The Senate is working toward a vote on health insurance legislation. Unfortunately, the legislation approved by the Senate Finance Committee does not include Medicare coverage of counselors.
Counselors are encouraged to contact their Senators to remind them that the Senate approved Medicare coverage of counselors in both 2003 and 2005, and ask them to work to include the counselor coverage language as part of health care legislation this year. Medicare beneficiaries need better access to outpatient mental health services, and deserve the same choice of provider currently enjoyed by those with private health insurance. Constituent contacts are likely to make the difference between success and failure on this issue!
For more information or for questions, contact:
Scott Barstow
Director of Public Policy and Legislation
American Counseling Association
5999 Stevenson Avenue
Alexandria, VA 22304
703.823.9800 x234
703.405.9711 (cell)
Cheers for California and cheers for Mental Health Counselors nationwide! With the vote of the California Senate and the signature of that state's Governor, California has now joined the other 49 states, the District of Columbia and Puerto Rico in licensing masters-degreed mental health counselors. With this recognition comes the responsibility of offering to our clients the best possible help we can. By continuing education, by peer supervision, by active membership and participation in organizations, such as PAMHCA, mental health counselors really can be the best that they can be! Continuing the leadership of Mary Ann Baron, our current President, I, as the soon-to-be President, will work with you, our current and future members, to advocate for mental health counselors, whose mission is to support, encourage and advocate for our clients! -John Flynn
Important and Historic Victory---California Becomes 50th State to License Professional Counselors
California Governor Arnold Schwarzenegger has signed into law, California Senate Bill 788, establishing licensure of professional clinical counselors in the state. The counselor licensure bill was introduced by Senators Mark Wyland and Senate President pro tem Darrell Steinberg.
Counselors are now licensed as master’s degreed mental health professionals in all U.S. jurisdictions. Nationwide, there are more than 110,000 licensed professional counselors working in the full range of treatment settings to assist clients with behavioral disorders and developmental issues. Licensed professional counselors are recognized as independent mental health service providers by the vast majority of private insurance companies, as well as under state and federal public health programs. As in most states, large areas in California are experiencing a shortage of mental health professionals.
ACA President Lynn Linde applauded California’s enactment of the licensure bill. "This is a momentous occasion; now all 50 states and the District of Columbia have licensure. What this means is that professional counseling is now recognized in all areas of the country and, more importantly, that protections for the consumers will now exist everywhere. Licensure for counselors significantly expands the availability of mental health services, which is crucial to helping meet the need for services.”
ACA congratulates the California Coalition for Counselor Licensure (CCCL) for its success in leading the licensure effort in the state. ACA has long sought to gain licensure of counselors in all U.S. jurisdictions, and has provided both financial support and technical assistance to CCCL in support of California’s effort.
Dean Porter, President of the CCCL, is pleased that its third bill has been approved by California’s legislature and signed into law by its Governor. “After working for almost eight years, CCCL, a coalition of nine California counseling organizations, is proud that California will become the 50th state to license professional counselors. This victory would not have been possible without the dedicated counselors throughout California, and the state and national organizations, particularly ACA and NBCC, that support professional counseling. Legislators from both sides of the aisle have the gratitude of counselors and their clients, who will now have increased access to professional services and the protection that regulation assures.” Information on implementation of the bill will be available on CCCL’s website at www.caccl.org and questions can be addressed to info@caccl.org.
“Today is a victory for so many counselors who have been advocating for licensure in California,” said Richard Yep, ACA Executive Director, “This legislation will serve to regulate the profession of counseling and that is good for the profession and for consumers of mental heath services. Governor Schwarzenegger’s signing of this bill caps an effort that began more than thirty years ago when no state licensure existed. We express our appreciation to all who were so critical in this important effort.”
California counselor licensure bill on Governor’s Schwarzenegger’s desk
The counseling profession’s long-standing goal of achieving recognition in all 50 states is a major step closer to completion. In the final hours of its legislative session, the California legislature approved a bill establishing licensure of professional clinical counselors in the state. California is the only state yet to establish formal recognition of professional counselors. The California Assembly approved SB 788 by a strong 70-5 vote on September 8th, followed two days later by a 25-1 vote in the California Senate.
The bill now goes to Governor Schwarzenegger for his consideration. The governor has until October 11th to either sign the legislation into law or issue a veto. ACA encourages its members in California to contact the Governor to urge him to sign the counselor licensure legislation into law. For more information, visit the website of the California Coalition for Counselor Licensure (CCCL) at http://www.caccl.org.
Approval of SB 788 is a hard-fought victory for CCCL and for the counseling profession. SB 788 would establish the title of "licensed professional clinical counselor," defining the practice of counseling to include "interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems." CCCL had to incorporate several amendments to the licensure bill in order to remove opposition from other professional organizations. For example, the legislation states that "professional clinical counseling" does not include the "assessment or treatment of couples or families" unless the counselor has completed specific education and training in this area.
ACA has long supported the licensure effort, and applauds California’s counselors for this historic accomplishment.
Scott Barstow
Director of Public Policy and Legislation
American Counseling Association
5999 Stevenson Avenue
Alexandria, VA 22304
703.823.9800 x234
sbarstow@counseling.org
www.counseling.org
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ACT 108 - BECOMING A HIGHMARK PROVIDER
For LPCs to apply for fee-for-services through Highmark
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| Once entering the site, click on the tab at the top right of the page for PROVIDERS |
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| Then click on the link for Act 108 / Act 62 (left column) |
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| After entering this section, click on the link "Information for Providers on Act 108 & Act 62" |
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| Then click on the link “Enabling Legislation (Act 108)” |
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From here providers will be given guidance on applying to the HighMark network as well as information for those that already participate in other networks, such as Keystone Health Plan West.
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