Pennsylvania Legislation
For more information on PA Acts/Bills visit http://www.legis.state.pa.us
For more information about active legislation in the SENATE OR to find your FEDERAL Senator visit http://www.senate.gov
For more information about active legislation in the HOUSE OR to find your FEDERAL Representative visit http://www.house.gov
To find all Representatives AND Senators (state and federal) visit http://www.congress.org
Federal Legislation & National News
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
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.”
ACT 108 – BECOMING A HIGHMARK PROVIDE
For LPCs to apply for fee-for-services through Highmark
Go to either one of the following websites:
www.highmarkblueshield.com
or
www.highmarkbcbs.com
Once entering the site, click on the tab at the top right of the page for PROVIDERS
Then click on the link for Act 108 / Act 62 (left column)
After entering this section, click on the link “Information for Providers on Act 108 & Act 62″
Then click on the link “Enabling Legislation (Act 108)”
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.
