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Legislative and
Advocacy
Session Updates
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The National Federation of Families is involved at the national level in monitoring legislation, advocacy and funding opportunities and identifying resources that could aid
your work as the voice for families.
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The National Federation of Families actively represents you as part of the Mental Health Liaison Group (MHLG). The MHLG is a forum for collaboration among the leading national mental health and addiction-focused organizations. Together, we provide policymakers with information and support in advancing our shared policy priorities. The MHLG hosts congressional staff briefings to share information on trends and best practices in the field, provides annual recommendations on mental health and addiction funding in the federal appropriations bills, writes letters to Congress outlining our position on important legislation or offering suggestions for improving proposed policies and more. As part of our work with MHLG Committee and its members, the Federation of Families has supported the following actions:
S 441 - CAHOOTS Act
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Senate Finance Committee Ranking Member Ron Wyden (D-OR) and Senator Catherine Cortez Masto (D-NV) introduced S.4441, the CAHOOTS Act, to enhance the provision of mobile crisis outreach through additional funding and Medicaid coverage. Mobile crisis outreach is a core service and best practice of behavioral health crisis care and providing additional funding avenues will be crucial for the implementation of the 988 crisis response system.
COVID-19 Vaccine for MH/SUD Providers and Patients
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National Association of Behavioral Health and American Psychological Association spearheaded action that urged HHS to direct the Centers for Disease Control and Prevention to issue guidance advising states to include mental health and addiction treatment providers (including behavioral healthcare practitioners and staff designated as critical essential workers by the Department of Homeland Security, as well as patients in inpatient psychiatric and residential treatment and community-based treatment settings) among their prioritized groups for receiving the COVID-19 vaccines.”
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Covid-19 Economic Relief Bill |
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Congress passed a $900 billion COVID-relief and $1.4 trillion government funding package. The measure, which the President signed into law on Dec. 27, will provide another round of direct payments, enhanced unemployment benefits, education funding, and aid to sectors still reeling from the economic fallout of the pandemic.
We strongly encourage you to explore the detailed breakdown at
Here is a brief overview:
SAMHSA provisions -
$4.25 billion for Substance Abuse and Mental Health Services Administration (SAMHSA) to provide increased mental health and substance abuse services and support, including:
- $1.65 billion for the Substance Abuse and Prevention Treatment Block Grant.
- $1.65 billion for the Mental Health Services Block Grant.
- $600 million for Certified Community Behavioral Health Clinics.
- $50 million for suicide prevention programs.
- $50 million for Project AWARE to support school-based mental health for children.
- $240 million for emergency grants to states.
- $10 million for the National Child Traumatic Stress Network.
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Not less than $125 million of funds provided to the SAMHSA must be allocated to tribes, tribal organizations, urban Native American health organizations, or health service providers to tribes across a variety of programs.
Education
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A total of $82 billion in stimulus funding in the Education Stabilization Fund, with $54 billion allocated specifically for K-12 education to be apportioned via the Title I formula to the Elementary and Secondary School Emergency Relief Fund. Collectively this is more than double the amount of education funding contained in the CARES Act last summer.
Additional Resources
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Download the FY 2021 Omnibus Appropriations Bill NCSL Summary HERE.
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Federal Funds Information for States - Table of Major Discretionary and Mandatory Program Funding can be found HERE.
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The full text of the bill can be found HERE.
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A section-by-section summary of the Coronavirus Relief Provisions can be found HERE.
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A section-by-section summary of the Appropriations Provisions can be found HERE.
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Upcoming Legislation
Stopping the Mental Health Pandemic Act: Rep. Katie Porter (D-CA) and Sen. Tina Smith (D-MN) will re-introduce the Stopping the Mental Health Pandemic Act the week of January 25th.
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The bill directs HHS to award grants to States, localities, Native American tribes and tribal organizations, community-based entities, and primary care and behavioral health organizations to address behavioral health needs caused by the COVID-19 pandemic. The bill authorizes $50 million in funding for FY21 and FY22.
Permanency for Audio-Only Telehealth Act: U.S. Congressman Jason Smith (R-MO) introduced on December 18th.
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The Bill would require the Centers for Medicare and Medicaid Service (CMS) to continue reimbursing Medicare providers for certain audio-only telehealth visits. Read the press release and the bill language.
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Wit vs United Behavioral Health |
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A federal court ruled that United Behavioral Health (UBH), the largest managed behavioral health care company in the country, must reprocess nearly 67,000 originally denied mental health and substance use disorder benefit claims using medical necessity criteria developed by nonprofit clinical specialty associations - among other mandatory actions. This is a major step forward in stopping discrimination against those
with mental health and substance use disorders.
Wrongful denials of care coverage have not only been detrimental to individuals across the country, often forcing families to take drastic measures to cover treatment costs out of pocket or forgo care altogether; they have also become a burden on society. Untreated mental health and substance use disorders contribute to historic rates of suicides and overdoses, homelessness, violence, and encounters with the criminal justice system.
The Kennedy Forum recently hosted a webinar detailing the impact and importance of the ruling. Former U.S Congressman Patrick J. Kennedy (D-RI) joined D. Brian Hufford, partner at Zuckerman Spaeder LLP and plaintiffs' counsel, Wit v. United Behavioral Health; Joe Parks, M.D., medical director of National Council for Behavioral Health; and special guest Bethany Hall-Long, Lieutenant Governor, State of Delaware for a
Kennedy Forum webinar titled “Game Changer: Implications of the
Wit v. United Behavioral Health Ruling.”
We strongly encourage you to view the recording of the webinar.
Webinar Password: Qja7JvMd
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HHS Proposed HIPAA Updates |
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Health and Human Services has released changes they propose to the Health Insurance Portability and Accountability Act (HIPAA) that aim to improve care coordination and give patients greater access to their information.
These changes seek to:
- Improve information sharing for care coordination and case management
- Facilitate greater family and caregiver involvement in the care of individuals experiencing emergencies or health crises
- Enhance flexibilities for disclosures in emergency or threatening circumstances, such as the opioid and COVID-19 public health emergencies
- Reduce administrative burdens on HIPAA-covered health care providers and health plans, while continuing to protect individuals’ health information privacy interests
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Mental Health Awareness Training Grants |
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MHAT grants will help expand MHFA to more schools, first responders, veterans and other communities, enabling more people to identify, understand and respond when someone is experiencing a mental health crisis.
To apply you must complete all four registration processes by February 5:
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Obtain a DUNS number by accessing the Dun and Bradstreet website
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Register with the System for Awards Management
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Register with Grants.gov
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Register with NIH’s eRA Commons
More information:
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Model State Parity Legislation
From The Kennedy Forum
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In December 2020, Patrick J. Kennedy and The Kennedy Forum - in partnership with the American Psychiatric Association and more than three dozen other national organizations, including the National Federation of Families - announced new Model State Parity Legislation named in honor of the late former U.S. Rep. Jim Ramstad, who died in November 2020, and was the lead Republican co-sponsor of the Mental Health Parity and Addiction Equity Act.
The tool will help state policymakers increase access to mental health and addiction care at a time of rapidly escalating needs by requiring that insurers follow generally accepted standards of behavioral health care when making medical necessity decisions.
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What’s in the New COVID Relief
Law for Nonprofits?
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The National Council for Nonprofits took a detailed look at the COVID Relief Law passed in December with an eye on its effects and implications for Nonprofits.
After many months of inaction, the House, Senate, and President finally came together to enact important COVID relief for individuals, nonprofits, businesses, and governments. Some of the provisions will expire in just a few weeks, and others will last only a few months. Learn which provisions will help your nonprofit and what you need to do
to take advantage of them.
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Securing Updated and Necessary Statutory Evaluations Timely (SUNSET) Rule
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On January 8th, the Department of Health and Human Services issued the Securing Updated and Necessary Statutory Evaluations Timely (SUNSET) rule requiring the Department to assess its regulations every ten years to determine whether they are subject to review under the Regulatory Flexibility Act (RFA), which requires regular review of significant regulations. If a given regulation is subject to the RFA, the Department must review the regulation every ten years to determine whether the regulation is still needed and whether it is having appropriate impacts. Regulations will expire if the Department does not assess and, if required, review them in a timely manner.
Under the final rule, any regulation issued by HHS, with certain exceptions, will cease to be effective ten years after it is issued, unless HHS performs a plenary assessment of the regulation and a more detailed review of those regulations that have a significant economic impact upon a substantial number of small entities.
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Juvenile Record Expungement |
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Youth with juvenile records frequently experience collateral consequences of their arrest or adjudication, which may include difficulty accessing educational services, obtaining employment, and finding and maintaining housing. The bulletin highlights promising federal, state, and local practices that have been implemented to lessen the impact of collateral consequences on youth.
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First Medicaid Block Grant Approved |
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Centers for Medicare and Medicaid Services officials have approved Tennessee's controversial Medicaid block grant waiver. Federal officials said the proposal could be a "model" for other states. This makes Tennessee the first state in the nation to fund its safety-net health care program with a fixed spending target.
The waiver allows the state to implement a closed prescription drug formulary within Medicaid and receive a portion of any cost savings achieved from the financing model. Also, it differs from a traditional block grant as the state will receive additional federal funding if enrollment rises above a specified threshold. Because the 10-year waiver significantly changes Medicaid’s traditional open-ended funding structure,
legal challenges are expected.
TennCare (TN's Medicaid) will receive a lump sum of money based on per-capita projections and the following year’s expected spending to run the program. If the state spends less than that amount, the savings will be split with the federal government. With the enhanced flexibilities, Tennessee will be able to enroll new populations or benefits without seeking prior approval, restructure plans, investigate fraud and “invest in health rather than simply health care,” according to documents.
This will be an important effort to watch as Tennessee has been a leader in alternative Medicaid implementation. TennCare was established in 1994 under a federal waiver that authorized deviations from the standard Medicaid rules. It was the first state Medicaid program to enroll all Medicaid recipients in managed care. When first implemented, it also offered health insurance to other residents who did not have other insurance. Over time, the non-Medicaid component of the program was significantly reduced.
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First Focus on Children is proud to introduce the 14th annual release of its signature Children’s Budget publication. While the COVID-19 health and economic crises have highlighted how important it is to put children and families at the forefront of budget decisions, far too often lawmakers fail to prioritize children when allocating federal resources. This year’s report details the persistence of an alarming trend: children continue to receive a smaller and smaller share of federal spending. Policymakers must take action to change course and correct this inequity.
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With Parity on the forefront in 2020 and 2021 it is important that you enhance your knowledge. Parity Track is a tool you can use to do that.
ParityTrack is a national leadership coalition founded and led by Patrick J. Kennedy, the lead sponsor of the Federal Parity Law, in January 2014. The intent is to ensure that all individuals with mental health conditions, substance use disorders, and developmental disabilities have access to the treatment they deserve through full implementation of federal and state behavioral health insurance laws.
What ParityTrack can provide:
This is a national registry where those who have been denied coverage for a mental health or addiction service log their information. Logging your experience helps them to understand the current trends and circumstances surrounding mental health and addiction claim denials.
Please fill out this survey if you, a family member, or your patient has experienced a denied claim for mental health and/or addiction services. The information you provide will help to shape public policy and influence legislation in order to move us towards full parity implementation and mental health equity.
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Casey Foundation Policy Report |
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This KIDS COUNT policy report examines how households with children are faring during the pandemic. Its findings are primarily based on surveys conducted by the U.S. Census Bureau.
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Arkansas
Kids Week "at" the Capitol will take place (virtually!)
January 26-28, 2021
Laws reflect the people who show up - and this week is all about ensuring that advocates for children show up at the state Capitol in 2021 to advance equity and social justice. You will have an opportunity to virtually: attend legislative committee meetings, network with other advocates, learn about pending legislation, hear from leaders around the state, and most importantly, find out how you can take action to help our state’s kids including during the event.
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California
Senate Bill 855
This landmark piece of legislation will help close a critical gap in the way mental health care is covered by insurers, one that often forces families to pay out of pocket for lifesaving care.
Many health plans determine coverage based on “medical necessity.” The problem is that they define “medical necessity” using their own internally developed criteria that often aren’t consistent with nationally recognized standards of care. Starting in January 2021, the new law will require commercial health insurers to adopt uniform standards of care developed by nonprofit clinical associations and pay for medically necessary treatment of any mental health or substance use disorder listed in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.
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Georgia
Mental Health Day at the Capitol 2021
January 19, 2021
Each year the Behavioral Health Services Coalition, a group of advocates supporting behavioral health in Georgia, comes together to organize the Mental Health Day at the Capitol.
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Kansas
Learn how the Kansas Legislature can bolster revenue for children and families during the legislative session.
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Kentucky
Children’s Advocacy Week at the Capitol
February 1 - 5, 2021
Each year, Blueprint for Kentucky's Children partners and advocates from across the commonwealth bring attention to Blueprint priorities. For 2021, they are hosting virtual advocacy events through out the week of February 1 – 5, 2021.
Register for Children's Advocacy Week updates!
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Maine
CMS Announces Approval of Oklahoma & Maine’s Substance Use Disorder Demonstration to Expand Access to Combat the Opioid Crisis
CMS approved Oklahoma’s new demonstration titled “Institutions for Mental Diseases Waiver for Serious Mental Illness/Substance Use Disorder,” and Maine’s new demonstration entitled “Maine Substance Use Disorder (SUD) Care Initiative.” These demonstrations are expected to improve health outcomes and combat the opioid crisis for eligible Medicaid beneficiaries living in Oklahoma and Maine.
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Michigan
The first is Wednesday, January 20, 2021, 9:00 a.m.-10:00 a.m.
“How to Talk to Policymakers: Effective Tips for Messaging Your Issue”
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Nebraska
Nebraska state senators recently wrapped up the 106th Legislative Session Fourteen of Voices for Children’s priority bills made it to a vote before the full body. Voices for Children presented their fourth Pro-Kid Legislative Scorecard - a complete accounting of how senators voted when it came to pro-kid policies during the 106th Nebraska Legislature.
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Nevada
Special Education Guidance from
Nevada Department of Education
The Nevada Department of Education Office of Inclusive Education has developed guidance to assist local educational agencies in fulfilling their responsibilities to students with disabilities in the 2020-2021 school year. This guidance provides IEP teams with information about how to meet the requirements of IDEA during the pandemic.
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New York
The study examines county-level data across six domains of well-being and reveals that far too many children across New York State experience poverty, housing insecurity, health risks, educational opportunity gaps, and other conditions that challenge their right to thrive and live healthy, productive lives.
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North Carolina
Advocacy TIPS
Check out advocacy tips for building relationships
with your elected officials from NC Child and their partners.
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Oklahoma
CMS Announces Approval of Oklahoma & Maine’s Substance Use Disorder Demonstration to Expand Access to Combat the Opioid Crisis
CMS approved Oklahoma’s new demonstration titled “Institutions for Mental Diseases Waiver for Serious Mental Illness/Substance Use Disorder,” and Maine’s new demonstration entitled “Maine Substance Use Disorder (SUD) Care Initiative.” These demonstrations are expected to improve health outcomes and combat the opioid crisis for eligible Medicaid beneficiaries living in Oklahoma and Maine.
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Pennsylvania
Pennsylvania was awarded a grant from
the Pritzker Children's Initiative, which focuses on a strategic planning initiative to expand access to high-quality services for the prenatal through age three population.
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South Carolina
South Carolina has recently invested in an extended day, year-round 4-year-old kindergarten program in public schools and all childcare centers. This program aligns with the Every Child Ready Strategic Plan and serves children eligible for Medicaid or free-/reduced-price lunches, receiving SNAP/TANF, experiencing homelessness, transiency, or who are in foster care. View other resources at the Healthy Child Development State Resource Center.
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Tennessee
Medicaid Expansion Page
It's a one stop shop to learn why Medicaid expansion works and what you can do to make it happen in TN! Along with a new map of hospital closures, you can find 2 new resources - a digital toolkit with the latest and greatest information for you to share:
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Texas
The Hogg Foundation for Mental Health is working to keep mental health and substance use issues in the forefront of policymakers’ minds and hearts. They are sharing their policy priorities for the next biennium. These priorities represent mental health and substance use issues that we believe deserve the attention of policymakers and advocates. We are hopeful that through collaborative efforts we can create systemic changes that make significant improvements to the mental health and well-being of Texans.
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Utah
Voices for Utah Children has released "#InvestInUtahKids: An Agenda for Utah's New Governor and Legislature." The new publication raises concerns about the growing gaps among Utah's different racial, ethnic, and economic groups and lays out the most urgent and effective policies to close those gaps and help all Utah children achieve their full potential in the years to come in five policy areas:
1) Early education, 2) K-12 education, 3) Healthcare, 4) Juvenile justice and 5) Immigrant family justice
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Vermont
Recommendations on Telephone Service Delivery
A new set of recommendations has been released by an 80-member work group of providers, health insurers, the Department of Vermont Health Access and provider associations who were tasked with examining the issue of audio-only delivery, and making recommendations for health insurance and Medicaid in Vermont after the COVID-19 state of emergency.
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Wisconsin
The latest Edition of "Finding Your Way: A Navigation Guide for Wisconsin Families Who Have Children and Youth with Special Health Care Needs and Disabilities" is now available.
The navigation guide is designed to help families and professionals navigate the system of care in Wisconsin.
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Legislation and Advocacy Pages |
- Where to find legislative information nationally and in your state
- Learn how to keep up with news and updates
- Finding your legislator, state Medicaid director and state mental health commissioner
- Tips on committees
- Live streams of the House and Senate
- Information on highlighted national legislation
- Information on highlighted legislation from the states
- State tabs where, for each state, you will find:
- The General Assembly page
- How to find your state legislator
- Links to state legislative advocacy organizations
- Links to live stream sessions from the state
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Alerting us to what is happening on the state level will aid not only those in your state but others nationally as ideas spread. As you become aware of state or national legislative alerts, funding and advocacy opportunities or resources that could be used to build funding requests, please let us know by emailing mcovington@ffcmh.org.
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