NAMI has proposed model legislation called the Omnibus Mental Illness
Recovery Act (OMIRA) to establish across the country a baseline of care and
to spur a national movement toward improved care for individuals with mental
illnesses (to view the whole act go to the NAMI Web page at www.nami.org).
NAMI North Carolina is working to implement the goals of OMIRA over the next
five years.
OMIRA has eight sections and reflects a model system of care based on the
most effective standards and programs demonstrated to empower individuals on
the road to recovery. What grade does North Carolina make?
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Consumer and Family Participation
This goal seeks to enhance accountability in
Federal Block Grants and increase consumer and family involvement in
how funds are spent. In September 2000 Congress passed H.R. 4365 which
requires SAMHSA to develop separate mental health and substance abuse
"performance partnership plans" with states and other
interested groups around a common set of performance measures for
accountability. Mental health plans must be targeted to children with
serious emotional disturbance, adults with serious mental illness, and
individuals with co-occurring mental health and substance abuse
disorders. |
There have been
ongoing concerns regarding the actual input families and consumers
have in determining how block grant funds are spent. The state also
has difficulty accounting for exactly how the funds are spent at the
area program level. The federal legislation is so new we cannot
assess North Carolina measures up. It will take some time for SAMHSA
to develop expectations and requirements for the states.
NC Grade -- D
Past performance is
marginal. Too early to tell how state will respond to new federal
legislation.
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Equitable Healthcare Coverage-- Parity
The goal is to provide equitable coverage for mental illnesses
equal and commensurate with that provided for other physical
illnesses. |
The North Carolina State Employees Health Plan has required a
mental health parity benefit since 1991. Substance abuse parity was
added in 1997. The plan experienced cost decreases subsequent to
implementation of parity. Legislation to require mental health
parity for group policies in North Carolina was first introduced in
1993 and every subsequent session of the General Assembly. The NC
Senate approved a Mental Health Parity bill in 1997. The NC House
has never allowed a committee vote on a parity bill.
NC Grade -- C
Good job for state employees now how about the
rest of us?
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Access to Newer Medications
This goal looks at the issue of private and public sector health
plans that place restrictions on access to medications. Many
restrictions are designed to discourage use of more expensive
medications. Limitations may include a restricted formulary, and
"fail first" policies. NAMI is working toward mandatory
access to medications. If the health plan uses a formulary, exceptions
must be allowed when a non-formulary alternative is indicated. Health
plans must establish procedures for appeal that provide an independent
clinical review. |
In the 1999 Legislative session SB347 was passed to require
health plans that have a formulary to establish and maintain an
"expeditious process" that allows an enrollee to obtain,
without penalty or additional cost-sharing, coverage for a
non-formulary drug determined to be medically necessary by the
physician. The medication can be obtained without prior approval
from the insurer after the physician notifies the insurer that the
formulary medication has been ineffective or harmful, or can be
reasonably expected to cause harm or an adverse reaction, and that
the drug is prescribed in accordance with clinical protocol.
Legislation to establish independent review panels for appeals was
unsuccessful in the 1999 General Assembly.
NC Grade -- B-
Off to a good start but not there yet.
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Assertive Community Treatment, including the evidence-based PACT
model
This goal looks at the availability and state support of
development of PACT teams and fidelity to the PACT model. The PACT
model provides the most effective, integrated, community based
treatment for persons with severe and persistent mental illness. |
PACT (or ACTT as it is called in North Carolina) is a
reimbursable Medicaid service in North Carolina. The Medicaid
service definition does not require adherence to PACT model
standards. The Division has provided numerous training opportunities
but to date, only four area programs have developed PACT teams that
meet established model standards. The barrier seems to be the state’s
failure to require this service and a lack of staffing and
incentives to develop it.
NC Grade -- D
A start has been taken but we have a long way to
go to meet this goal.
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Work Incentives for Persons with Severe Mental Illness
Federal legislation allows states to offer Medicaid coverage to SSI
beneficiaries who go to work and earn up to 250% of the poverty level.
The legislation also allows states to offer a Medicaid buy-in for
people with disabilities who earn more than 250% of the poverty level
up to 450% if the state charges a sliding-scale premium. Taking
advantage of these options allows people with a disability due to
mental illness to earn more money without jeopardizing their health
benefits through Medicaid. This has been a major disincentive to
return to work as many part-time and re-entry work positions do not
provide health coverage. |
North Carolina has not taken advantage of either of the federal
options, despite the fact that offering Medicaid benefits to
disabled individuals earning up to 250% of the poverty level would
require a relatively small state expenditure.
NC Grade -- F
Failure to take advantage of the federal options
means that people who want to work can’t or they risk losing
health coverage…shameful.
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Reduction of Harmful Use of Seclusion and Restraints
This goal focuses on legislation to limit the use of seclusion and
restraints in facilities.
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In 2000 the General Assembly passed legislation to limit the use
of seclusion and restraint, and require training in alternatives to
seclusion and restraint, mandatory death reporting, and regular
reports on the use of seclusion and restraint. The bill also
establishes penalties for infractions.
NC Grade -- B+
Leading the nation, good job NC. Additional
legislation to eliminate the "therapeutic" use of
restraints would give us an A grade.
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Reduction in Criminalization of Persons with SPMI
Includes police training models and the establishment of mental
health courts. Recently passed federal legislation will provide up to
125 grants to states to develop and implement programs to divert
individuals with mental illness from the criminal justice system to
community-based services.
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Over the past two years North Carolina has used some of its
federal block grant funds to support the establishment of jail
diversion programs. 10 programs have been funded to date. The court
system is beginning to support the establishment of
"therapeutic courts" and combination of mental health and
drug courts. Two are operating for adults and one for juveniles. Too
early to tell if North Carolina will take advantage of the new
federal grants.
NC Grade -- D
A positive start, but a long way to go.
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Permanent, Safe, and Affordable Housing with Services
This goal concerns the availability of supportive housing for
persons with mental illness. |
North Carolina is one of only six states to limit Special
Assistance payments to adult care home type facilities. As a result,
9,000 individuals with mental illness or developmental disabilities
reside in adult care homes in North Carolina, a setting
inappropriate for the needs of most, instead of being able to use
Special Assistance funds to rent an apartment. North Carolina also
provides no state funds to assist developers to leverage other
federal or state development programs nor does it offer state funds
to provide rental assistance to extremely low income disabled people
while they wait to receive federal Section 8 assistance.
NC Grade -- F
Not only does the state not help with housing, it
creates barriers by limiting access to Special Assistance payments…shameful.
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