Lien Law Legislation Strives to Improve the Lives of Consumers and Their Families

Assemblyman Reed Gusciora (D 15), in consultation with MHANJ, Community Health Law Project and NAMI - NJ has amended his lien law legislation to include the following points. If it is passed into law, it will:

• Repeal the institutional lien laws for treatment at state and county psychiatric facilities. Those who are institutionalized, or their parents/guardians, will still be responsible for payment for treatment, but will not automatically have a lien filed against them. If they do agree on some other payment schedule or do not keep up their payments, a lien may be filed against them.

• Consumers and parents/guardians of children under 18 will be charged, the same as any other illness, according to the sliding-scale fee schedule used in the Charity Care program, which is based on income level (below a certain level, no payment is required).

• For new hospitalizations, payment will be capped at $5,000 per year and $10,000 per lifetime toward the cost of treatment(s).

• Eliminate existing liens against people formerly confined to state or county psychiatric hospitals and establish a sliding fee scale, based on the Charity Care fee schedule. Total payment will be capped at $5,000 per year and $10,000 per lifetime and based on their income at the time of hospitalization.

• Limit the responsibility to pay for the hospitalization to the person who was hospitalized or the parent/guardian of a hospitalized child under the age of 18.

• Eliminate the obligation of a consumer or parent/guardian to contribute towards the cost of treatment during any period in which the consumer is on “Conditional Extension Pending Placement” (CEPP) status.

• Create the ability of a spouse to set aside assets to be protected and not used to pay the costs for the institutionalized individual.

Lien law reform will greatly improve the lives of consumers who are trying to recover. Consumers have lost the opportunity to obtain credit cards, purchase homes and cars, and even to obtain jobs, because of the discovery of recorded liens against them from state and county psychiatric hospitals.

What you Can Do

We’ve made great strides, but we’re still a long way from having this become a reality. Your calls and letters urging committee members to post this legislation for review and to vote in favor of amending NJ’s institutionalized lien laws are needed.

• Contact members of the Assembly Family, Women, and Children’s Services Committee to request that A-303, be listed for consideration.
• Contact your legislators and ask that they support A-303.
  Members of the Assembly Family, Women and Children’s Services Committee include:

  • Chairperson Mary T. Previte (D6) 231 Route 70 East, Cherry Hill 08034, 856-428-3343, Fax, 856-428-1358, aswprevite@njleg.org

  • Vice-Chairperson Loretta Weinberg (D37) 545 Cedar Lane, Teaneck 07666, 201-928-0100, Fax 201-928-0406 aswweinberg@njleg.org

  • Assemblyman Melvin Cottrell (R30) 2110 West County Line Rd., Jackson 08527 732-901-0702, Fax 732-901-0587 asmcottrell@njleg.org

  • Assemblywoman Rose Marie Heck (R38) 2 Mercer St. Suite 5A, Lodi 07644 973-777-6344 Fax 973-777-4274 aswheck@njleg.org

  • Assemblyman William D. Payne (D29) 40 Clinton St, Suite 200, Newark 07102 973-621-1400 Fax 973-621-2146, asmpayne@njleg.org

If you do not know your state representatives, please log on to either of the following websites, www.njleg.state.us.nj.org, www.vote-smart.org, or call the League of Women Voters at 609-394-3303.

What you Can Do in the Future

When the time comes, we will need you to contact members of the Senate committee requesting that the bill be posted for their consideration. And if the legislation passes both of these committees, we will need you to contact members of the Assembly and Senate Appropriations Committees. Stay tuned.

Where we Stand

On May 10th The Assembly Health and Human Services Committee held a public hearing on health issues facing disabled women. MHANJ submitted the following information about women with mental illness:

• While women and men experience mental disorders at almost equal rates, some mental disorders such as depression, anxiety disorders, eating disorders, and co-occurring mental illness and substance abuse disorder affect women disproportionately.

• Mental health services which take demographic factors, including gender and race, into consideration have the greatest chance of engaging and keeping people in treatment.

• Stressful life events are more likely to contribute to mental disorders in people who are vulnerable biologically, socially and/or psychologically. Events such as childhood sexual abuse are one of the most common stressors and disproportionately affects females. Domestic violence, the victims of which are overwhelmingly female, is a serious and startlingly common public health problem. Long-term mental health consequences for both of these social ills may include depression, anxiety, dissociative disorder, post traumatic stress disorder, self-destructive behavior, substance abuse and suicide. Treatment for this traumatized population should focus on education, problem solving and support rather than confrontational techniques.

• Lower socioeconomic status has been strongly linked to mental illness. Young women in poverty appear to be at the greatest risk for depression compared to all other populations. They have disproportionately higher rates of abuse, past exposure to trauma, poorer support systems, greater barriers to treatment, including financial hardship and lack of insurance. Many of these same problems apply to single mothers as well. Assertive outreach with this population is important.

• Most women are the primary or only child caregivers. Treatment facilities must accept pregnant women and children, or accommodate them in some way. Many feel that the largest barrier for women is leaving their children in the care of relatives or the foster care system for fear of losing permanent custody. Ironically, for many women, children are the primary source of motivation to seek treatment.

• Postponement of intervention does not result in financial savings. When a depressed mother is not treated, her children tend to end up depressed, on welfare or in the prison system, costing the system more than if the woman had received treatment when needed.

Sworn in on May 6th, Testifying on May 7th

On May 6th Gwendolyn Long Harris was sworn in as the Commissioner of the Department of Human Services (DHS). Following Governor McGreevey’s welcome, Commissioner Harris echoed the Governor’s commitment, despite budget shortfalls, to those people served by the DHS.

On May 7th before the Senate Appropriations Committee the Commissioner testified on the FY ’03 budget for the DHS. She stated “When resources are scarce, we must spend money where it must be spent and where it will do the most good.”

Legislation to Re-establish the Department of the Public Advocate is Heard

On May 13th, MHANJ testified before the Assembly State Government Committee requesting the re-establishment of the Department of the Public Advocate. We also wanted to ensure the inclusion of the divisions which directly effect mental health consumers-- specifically the Mental Health Ombudsperson, Correction Ombudsperson and the Division of Child Advocacy. The bill passed the committee and must now be approved by Appropriations and the Assembly. It has yet to be scheduled for review by the Senate. At each of these hearings, MHANJ will be present to voice our support.

What You Can Do

Contact your Assemblymen/woman and Senator asking them to vote in favor of this legislation. It is vital that you specify that the Mental Health Ombudsperson, Corrections Ombudsperson and the Division of Child Advocacy are included. For the name and address of your state legislator, log on to www.vote-smart.org.

Consumer Advocacy Partnership Holds its First Consumer Leadership Retreat

On May 3rd and 4th The Consumer Advocacy Partnership, a partnership between MHANJ and Collaborative Support Programs of New Jersey (CSPNJ) held its first leadership retreat. The partnership’s goal is to deliver active and powerful consumer advocacy in NJ. It is working to achieve that goal by:

• Organizing into smaller, regional groups to further develop grassroots connections;

• Distributing a petition across the state thanking Governor McGreevey for maintaining funding for Redirection II, the Children’s Initiative, and the Direct Care Salary Increase;

• Traveling as a delegation to the National MHA’s Government Affairs Day in DC.

• Acting as leaders in statewide advocacy efforts; and

• Seeking out and mentoring other potential consumer leaders.

We’re Glad You’re on Our Side, Commissioner Long-Harris

Commissioner Harris has hit the ground running with grace and style. Her knowledge of and commitment to issues facing the DHS, make her an impressive advocate. The Commissioner is undaunted by a job at a time when the needs are great and the resources are few.

Consumer Advocates of the Month: "The Wildwood 31"

Kudos to members of the Consumer Advocacy Partnership, including Angelo Andreatos, Denise Babin, Judy Banes, Ida Baskerville, Terry Beker, George Brice, Jr., Jack Bucher, Karen Burke, Anna D’Aversa, Tom Estler, Pamela Green, Carey Haimer, James Hanlan, Paul Hartmen, Sam Laskin, Patrick Martin, Maureen Mayer, Jeannie Metzger, Virginia Nelson, Tim Onucki, Vincent Polisano, Betty Redman, Shalet Richardson, Irene Sanborn, Bill Schulz, Regina Sessoms, Meg Stenson, Edward Thornton, Mario Tibbrine, Virginia Vogel and Jay Yudof, for their generosity, leadership, and commitment to the vision of improving the lives of children and adults with mental illness.

Special thanks to Marie Verna of MHANJ for her hard work and success in making the Leadership Retreat an empowering, exciting and inspiring event. No small feat.

Thanks also to Steve Jacubowitz for the idea and first draft of the petition to get the message to Governor McGreevey that we support his proposed budget.

Join MHANJ’s Legislative Network!
Contact  C. Chin at 973.571.4100 Ex. 37  or cchin@mhanj.org