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2001 Legislative Recap
Washington's Legislature keeps going and going and going . . .
Governor Locke Re-calls Lawmakers for third Special Session
June 25, 2001
The 2001 session of the Washington Legislature was one of the most frustrating in years. Lawmakers knew from the outset that state revenue shortfalls and voter-mandated spending on education would mean that government services would have to be cut in other areas. To make matters worse, the House was evenly split between Democrats and Republicans, making it doubly difficult to pass any piece of legislation. When the February 28 earthquake forced the closure of several buildings on the Capitol Campus, it made a bad situation even worse. In this environment, it is no wonder that it became extremely difficult to get legislation passed.
When the Legislature was unable to agree on budget proposals during the regular session (scheduled to end on April 22), the Governor convened a 30-day "special session" so the lawmakers could finish their work. As it turned out, 30 days wasn't enough time to forge a budget agreement, and a second special session was called. In late June, a budget was finally sent to the Governor's desk, but Governor Locke has called a third special session, beginning in July, so that lawmakers can address the state's transportation problems.
Below you will find a discussion regarding the progress (or lack thereof) made on several issues that WPAS has been following. For more in depth information, see the WPAS Legislative Agenda.
- Creating an Independent Mental Health Ombuds - SB 5522
- Medicaid Buy-in (Ticket to Work)
- Mental Health Insurance Parity – SB 5211
- Other Issues
Creating an Independent Mental Health Ombuds - SB 5522
The state currently has a Mental Health Ombuds program, but it is housed within the fourteen Regional Support Networks (RSNs) that administer the state mental health services. This makes it difficult for the ombuds to be advocates. When mental health consumers have complaints that are difficult for the RSN, or want a service that is inconvenient or expensive for the RSN to provide, the ombuds currently must try to convince his or her supervisor to go along with what is being requested. SB 5522 would have created an independent ombuds, who need not "buck" a supervisor or co-workers to advocate for what the consumer needs.
The bill sailed effortlessly through the Senate, and seemed destined for passage, but it ran into trouble in the House, where it eventually died. Some of those who opposed the bill suggested that all state ombuds programs should be housed in a single office. The bill acknowledged that there are several ombuds offices in the state, and SB 5522 would have modeled the Mental Health Ombuds after the successful Long-term Care Ombuds program.
Support for the program remains strong, especially from the prime sponsor, Senator Kastama (D-Puyallup). WPAS is optimistic about the chances of passage next year.
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Medicaid Buy-in (Ticket to Work)
The House Appropriations Committee needed to be convinced that this was a good idea, but they finally passed this important incentive for people with disabilities who want to return to work. Representative Eileen Cody (D-West Seattle) was tireless in her efforts for passage of the Medicaid Buy-in, and at the conclusion of the second special session of the Legislature, she was finally successful.
The Medicaid Buy-in allows the state to take advantage of a piece of federal legislation called the Ticket to Work and Work Incentives Improvement Act (TWWIIA). The federal law seeks to provide incentives for people with disabilities who want to return to work, or begin work for the first time. The law also tries to remove some of the common barriers to work faced by people with disabilities.
One of the most common barriers to returning to work is the potential loss of healthcare benefits. When an individual returns to work, their increased income often makes them ineligible for Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) benefits. Besides losing their monthly check, the person often loses their healthcare benefits provided by Medicare or Medicaid. This can be catastrophic for people with disabilities. That is why the Medicaid Buy-in law is so important. In many cases, it allows people to purchase continuing Medicaid coverage after their increased income makes them ineligible for SSDI or SSI benefits.
For more information on the Medicaid Buy-in, visit this page.
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Mental Health Insurance Parity – SB 5211
This issue failed to gain adequate support from Legislators. Despite the tenacious efforts of legislative prime sponsors, the House Appropriations Committee allowed a watered-down bill to die without reaching the House floor. Senators Thibaudeau (D-Seattle) and Long (R-Mill Creek) and Representative Ruderman (D-Kirkland) were the legislative standard-bearers for insurance parity, and their efforts kept the issue alive from the beginning of the session into early April.
The Washington Coalition for Insurance Parity, a broad-based group of consumers, healthcare providers, education groups, and faith-based organizations, is currently assessing the situation and gearing up for another try next year.
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Other Issues
Children’s Mental Health
Two committees will examine how the state provides mental health services for children during the interim this summer and fall. The Joint Legislative Audit and Review Committee, commonly known as JLARC (pronounced jay-lark), was directed by the Legislature to look into this issue. Additionally, the House Children and Family Services Committee has expressed strong interest in the subject after hearing testimony from mental health advocates during the session.
Decriminalizing Patient Behavior - HB 1816, SB 6090
The proposed bills would have amended an existing statute that upgrades simple assault to a class C felony when a patient assaults a nurse, doctor, or other health care professional. In some cases, particularly in the state mental hospitals, this has led to patients inappropriately entering the criminal justice system. The bills would change the law to state that health care professionals whose duties include care for persons with mental disabilities at the time of the assault will no longer be subject to the provisions of the statute.
Home Care Quality Authority – SB 5652
This bill would have allowed independent providers greater opportunities to bargain for higher wages and benefits. The bill had several major flaws and, consequently, was opposed by WPAS. Supporters have mounted an initiative drive and hope to put the issue to the voters in November, but unfortunately, the flaws have not been corrected.
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