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Home | Legislation Index | Executive Direction Index

HB1813 Cost of Living Adjustment Legislation

11/02/06: NAMI Pennsylvania Statement: NAMI Pennsylvania is deeply disappointed with the Governor's veto of this important piece of legislation which seeks to stabilize and secure the positions of mental health care professionals. Rapid turnover of personnel due to inadequate workforce compensation is an issue which will not be addressed without a COLA (Cost of Living Adjustment). This bill had strong bi-partisan support and with that support NAMI had every hope the legislation would be signed into law. Appropriate compensation and experienced Mental Health personnel are necessary to the stability and continuity of care for those with a mental illness or substance abuse disorder.

CLICK HERE TO FIND YOUR LEGISLATOR

History:


11/08/06: Governor worsens MH/MR funding
Harrisburg Patriot News Letter to the Editor

Earlier this year, NAMI (National Association on Mental Illness) gave Pennsylvania a D+ grade for providing mental health services. By vetoing the Social Services Funding Bill after assurances that adequate mental health/mental retardation services would be provided when plans to close the Harrisburg State Hospital were announced, the governor seems eager to ensure that Pennsylvania maintains this grade.

Cutting cost of living increases for MH/MR providers does not help to provide adequate services to those in need. Costs to consumers who seek treatment are greater because health plans impose discriminatory limits on mental health treatment that do not apply to all other illnesses (see the Paul Wellstone Mental Health Equitable Treatment Act -- HR 1402). The crisis only gets worse as statistics show that mental illness is becoming more prevalent.

It has been proven that the costs of not treating mental illness outweigh the costs of treating it. Untreated mental illness can result in unemployment, homelessness, incarceration and possibly, violence.

I'm interested in the governor's decision to veto this bill. If it has to do with cutting costs, I think he blew it.

-- JANE SMITH-DECKER, Millersburg


11/05/06: The ARC Action Alert: COLA Bill Passes Overwhelmingly, But Governor Vetoes. Advocacy with Legislature to Override Veto Needed

Take Action!


Advocacy with Legislature to Override Veto Needed

Thanks to the advocacy efforts of Pennsylvanians with intellectual disabilities, their families, their community service providers, and their direct support professionals, the PA General Assembly overwhelmingly passed HB 1813, which would require that the annual executive branch budget proposal include additional funds to account for inflation. The House passed the bill unanimously, and the Senate passed it 46-3. However, in spite of the overwhelming support for the COLA bill, PA Governor Ed Rendell vetoed it.

Advocates are now asking the General Assembly to schedule a vote to override the veto. Overriding the veto should be well within reach given the overwhelming margin by which the bill was passed. A two-thirds majority vote in needed in both the House and the Senate to override the veto. However, a vote to override has not yet been scheduled.

Without HB1813 becoming law, budget proposals to provide annual increases to account for inflation are left to the Governor’s discretion. History shows that such discretion has led to decades of inadequate funding for the community system. Inadequate funding year after year has led to long waiting lists and jeopardized quality in the community mental retardation system.

Please contact your House member and Senator and urge them to push for an up or down vote on the veto override, and then urge them to support the override.

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11/02/06: Harrisburg Patriot News Article on COLA
Rendell's priorities questioned
Friday, November 03, 2006
BY CHARLES THOMPSON
Of The Patriot-News

Gov. Ed Rendell's veto of a bill that would have increased funding for services for the mentally retarded has touched off a fight with advocates.

Caregivers and parents gathered at the Capitol yesterday to condemn Rendell's decision, saying it calls into question the governor's priorities.

The cost-of-living bill would have required the governor to allocate funding increases in his proposed budgets for mental health and mental retardation services that are at least equal to a federal index measuring prices for home-based health care services.

Rendell vetoed it a week ago, saying it violates his policy against any midyear legislation that "significantly increases spending or cuts revenue without a specific plan to pay for it."

State grants to county mental health and mental retardation agencies have gone up 2 percent in each of the past three years, administration officials said.

But advocates say that doesn't leave enough to reward staffers in traditionally low-paying jobs with competitive wages, or to make a significant dent in waiting lists for services such as job training or adult day care that they say have swelled from 17,000 to 23,000 names over the past five years.

As a result, "the system feeds on itself and kills capacity, kills quality, and patients and families suffer," said Stephen Suroviec, executive director of the ARC of Pennsylvania, a statewide advocacy group for retarded people and their families.

The veto was a bitter blow to parents of those who have turned 21 and aged out of public school systems.

Parents often assume other services -- group homes, transportation and employment programs -- will be there for their adult children, but if their families can't pay for services out of pocket, they find themselves on waiting lists.

Rendell "doesn't get it," said Nancy Richey, a Fairview Twp. mother of a teenage boy with retardation and autism. "If any other segment of our population were devalued as much as these people are, our society would be outraged."

Nina Rovner of Harrisburg said current funding makes the special education system's goal of preparing special-needs children to live as independently as possible seem like "a con. ... They're saying: 'We're preparing you for life. But we're not going to give you any money to find a life.'"

Rendell, in his veto message, estimated the cost-of-living mandate would increase state spending by $1.2 billion over five years.

Rep. Jerry Nailor, R-Mechanicsburg, said he's already asked House Republican leadership to call for an override vote when that chamber reconvenes Nov. 13 for two weeks. The Senate is scheduled to return Nov. 20.

"Money is always a problem, but I think we just have to prioritize how we're spending," Nailor said. "It wasn't an issue [for Rendell] when $42 million went back to Philadelphia as a tax credit for a Comcast office tower."

The funding bill passed the Senate 46-3 last month and received a 195-0 vote in the House.

But that doesn't guarantee the success of an override attempt, which requires two-thirds majorities in both chambers to succeed.

A top House Democratic staffer said yesterday that with 2007-08 budget negotiations months away, his caucus leaders would likely ask their members to oppose an override attempt out of respect for Rendell.

"We're going back to the budget table with this and try to get it in next year's budget," said Mike Manzo, chief of staff to House Minority Leader H.
William DeWeese, D-Greene.

Rendell, Manzo said, did say in his veto message that he would consider a similar increase during the budget negotiations.

Advocates hope the bill's supporters hold their ground for an override vote.

"This bill represents an opportunity to demonstrate that these services are a priority for state government," said George Kimes of the Pennsylvania Community Providers Association.

CHARLES THOMPSON: 705-5724 or cthompson@patriot-news.com

©2006 The Patriot-News
© 2006 PennLive.com All Rights Reserved.

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10/25/06: Harrisburg Patriot News Editorial

An Overlooked Issue
Mental services waiting lists would be pared under measure awaiting governor’s signature
One of the problems in the way election campaigns unwind is that one or two issues tend to attract most of the attention, often ad nauseam.

Meanwhile, serious issues go undiscussed and unrecognized, at great loss to the public discourse.

One such issue is mental health and mental retardation services. The crux of the issue is that far too many Pennsylvanians are on waiting lists to obtain professional help, meaning they are not being treated. In too many cases, individuals who otherwise could function in society are being held in jails.

This is not a healthy situation for those going untreated, and it is not healthy for society to have so many people with problems that are devastating to them individually but can manifest themselves in severe difficulties for their families and, sometimes, in the larger community.

But give credit to the state House of Representatives and the state Senate for supporting at least one modest step to improve the situation. In January the House unanimously approved House Bill 1813, which would tie community mental health funding to the rate of inflation as determined by the Home Health Market Basket Index. The Senate approved the bill, 46-3, last week.

There is some concern in the mental health/mental retardation community that Gov. Ed Rendell is not sympathetic to its cause. But helping people cope with mental disabilities should be everyone’s cause.

We urge the governor to remove any doubts about his resolve in addressing this serious matter by signing HB 1813.

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10/31/06: Governor Rendell vetoes COLA Legislation:

Governor Rendell's statement on the veto:
(to access the statement on the Governor's Website, click here.)

"October 27, 2006

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

I am returning House Bill 1813 without my approval.

I am vetoing this bill because, without regard for fluctuations in state revenues or growth in other, mandated obligations, the legislation establishes an annual increase in the obligation of state funds for reimbursement to mental health and mental retardation providers. Enactment of this bill will increase state expenditures by $75 million in the first year and cumulatively by $1.2 billion over five years. None of this funding is included in our current budget projections.

The providers impacted by House Bill 1813 have received a 2% cost of living increase in their grants in each of the last three years, resulting in an actual increase in the level of these grants of 6.1% since July 1, 2004. The annual 2% cost of living increase is entirely consistent with the annual increase level paid to these providers in the second term of the Ridge/Schweiker Administration.

Overall, between the base funding increase and increase in funds to enable the expansion of services, providers of mental health and mental retardation services have received a 19.24% increase in funding—$338 million in new funds—since July 1, 2003. These funding increases have enabled providers to remove almost 3,000 individuals from the waiting lists. In spite of these improvements, I remain concerned that waiting lists for these critical services persist, and I believe a more substantial increase in the grants is warranted. In the coming year, if our revenues and other expenditure demands permit us to increase the reimbursement rate more than 2% next year, I will propose doing so.

I am entirely sympathetic to the plight of these providers and very much value the extraordinary work they do. But, I do find it perplexing that so many members of the legislature who advocated for the passage of legislation imposing annual caps on state spending voted for this automatic five year growth in state expenditures of more than $1 billion in the middle of the fiscal year.

I have proven over the past four years that the commonwealth can be fiscally responsible, maintain a balanced budget, and still make steady progress toward meeting the needs of the most vulnerable Pennsylvanians. I have, in the past, and will continue, in the future, to provide additional funding for vital human services. But, I have consistently enforced a “pay as you go policy” when it comes to the state budget—expenditure increases must not be legislated on an ad-hoc basis during the fiscal year. I will not sign legislation that either significantly increases spending or reduces revenue without a specific plan to pay for it. Such legislation should be passed in the disciplined context of building our annual comprehensive balanced budget.

For these reasons I must withhold my signature for House Bill 1813. I reiterate that I remain hopeful we can achieve progress toward this goal in our next budget.

Sincerely,
Edward G. Rendell
Governor"

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10/23/06: ACTION ALERT!!!
On Monday, October 16, 2006 the PA Senate passed HB 1813 (MH/MR COLA bill).
Last night, the PA House of Representatives unanimously passed H.B. 1813
and sent it to the Governor, and he has indicated that he will veto it.

CALL THE GOVERNOR TODAY - (717) 787-2500
URGE HIM TO SIGN H.B.1813

THEN CALL ALL OF YOUR FRIENDS, NEIGHBORS, CO-WORKERS
AND FAMILY MEMBERS
AND ASK EACH OF THEM TO CALL

BACKGROUND:
Thursday, October 19, 2006
To: NAMI PA Members and Friends
Subject: HB 1813 Passes - Contact Governor!
VICTORY (AGAIN!!) IN PA LEGISLATURE FOR MH-MR SERVICES
NAMI PA MEMBERS MUST CALL ON GOVERNOR & HIS REGIONAL DIRECTORS

PA HOUSE CONCURS WITH SENATE ON HB 1813
HOUSE OFFERS SUPPORT IN UNANIMOUS VOTE - 195-0
GOVERNOR RENDELL TO ACT SOON

On October 17, the Pennsylvania House of Representatives approved HB 1813 PN 4619 in a unanimous vote of 195-0.

In concurring with the action of the PA Senate of the previous day, the House took final action on the bill, sending it to the Governor for his approval.

In the House debate on the Senate-approved bill, Representative George Kenney (R-Philadelphia), chief sponsor and architect of HB 1813, spoke eloquently in requesting approval of the legislation. The bill would assure that proposed funding for mental health and mental retardation services would be indexed annually. The most recent version of the bill and the bill history are available on website of the Pennsylvania General Assembly at www.legis.state.pa.us by entering bill number HB 1813 on the site.

In its progress through the legislature in 2006, the bill won overwhelming support. Only three legislators voted against the bill. On January 24, the House approved H.B. 1813 without amendment in a 194-0 vote. The bill was amended in the Senate and approved on October 16 in a 46-3 vote. The only legislators to oppose the bill were Senators Jim Ferlo (D- Allegheny), Vincent Fumo (D- Philadelphia) and Robert Mellow (D- Lackawanna). On the very next day, the House concurred with the Senate in a 195-0 vote.
Next, the Governor will sign or veto the bill. The Governor has indicated that he will veto this bill. That action could come any day now, and NAMI PA joins PARF and other advocacy organizations in urging all members and supporters to act immediately:
Phone, e-mail or talk to the Governor and his regional directors (see below) as soon as possible!

PLEASE USE THE CONTACT POINTS IN YOUR AREA BELOW:
Demand that Gov. Ed Rendell sign HB 1813 and make it a law.

GOVERNOR EDWARD RENDELL
225 Main Capitol Building
Harrisburg, Pennsylvania 17120
Telephonc: (717) 787-2500
Email: governor@state.pa.us
See http://sites.state.pa.us/PA_Exec/Governor/govmail.html

GOVERNOR’S NORTHEAST OFFICE
JOHN P. BLAKE, DIRECTOR

Oppenheim Building 3rd floor, 409 Lackawanna Avenue, Scranton, PA 18503
Phone: 570-614-2090; Fax: 570-614-2094
Counties Served; Tioga, Bradford, Susquehanna, Wayne, Wyoming, Lackawanna, Pike,
Lycoming, Sullivan, Luzerne, Columbia, Montour, Schuylkill, Carbon and Monroe

GOVERNOR’S SOUTHEAST OFFICE
JOSEPH CERTAINE, DIRECTOR

200 South Broad Street, 11th Floor, Philadelphia, PA 19102
Phone: 215-560-2640; Fax: 215-560-3458
Counties Served: Berks, Bucks, Chester, Delaware, Lehigh, Northampton, Montgomery
and Philadelphia

GOVERNOR’S NORTHWEST OFFICE
HOWARD BRUSH, DIRECTOR

Suite 202, 100 State Street, Erie, PA 16507
Phone: 814-878-5719; Fax: 814-455-3709
Counties Served: Erie, Crawford, Mercer, Venango, Forest, Clarion, Jefferson, Elk,
Warren, McKean, Potter, Cameron, Clinton, Clearfield and Centre

GOVERNOR’S SOUTHWEST OFFICE
ALLEN KUKOVICH, DIRECTOR

14th Floor, State Office Bldg., 300 Liberty Avenue, Pittsburgh, PA 15222
Phone: 412-565-5700; Fax: 412-565-2445
Counties Served: Greene, Washington, Fayette, Allegheny, Westmoreland, Somerset,
Beaver, Butler, Lawrence, Armstrong, Indiana, Cambria, Blair, Bedford, Fulton and
Huntingdon

LANCE SIMMENS - SPECIAL ASSISTANT TO THE GOVERNOR
Office of the Governor, Main Capitol, Harrisburg, PA 17120
Phone: (717) 787-2500
Counties Served: Northumberland, Union, Snyder, Mifflin, Juniata, Perry, Dauphin,
Lebanon, Cumberland, Franklin, Adams, York, Lancaster

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