O
regon Coalition for
Consumer Mental Health
Protection & Choice

Umbrella, by Taro Yashima (1958)

TALKING POINTS


There are several points that you can use in written or verbal correspondence with your legislators in support of the Coalition's legislative efforts:


1. LPC's and LMFT's fully qualified.

The required training for LPCs and LMFTs to acquire and maintain licensure meets or exceeds that of other professionals in the state’s mandated provider pool. (See Comparison of Mental Health Providers). In addition, the lawful Scopes of Practice for LPCs and LMFTs include “identification” and “diagnostic appraisal and assessment” of mental health conditions and problems.

Finally, competent practice by LPC's and LMFT's is ensured by the Oregon Board of Licensed Professional Counselors and Therapists.

2. Increased consumer access

Every citizen in the state of Oregon has the right to access confidential mental health care. Recently, mental health parity became the law in Oregon, suggesting that consumers should have as much access to mental health care providers as they do to physical health care providers. However, current practices by insurers operating under Oregon statutes significantly limit access to mental health care providers.


3. Improved consumer protection

The State of Oregon should verify the qualifications and regulate the practice of its mental health care providers, including unlicensed providers. These education and credentials of unlicensed providers have never been verified by the Board and, as such, do not operate under the auspices of the Board whose key regulatory function is to protect the consumers of mental health services.

4. Too many restrictions on LPC's and LMFT's.

Despite their approval by a state licensing board, LPC's and LMFT's are wrongfully excluded from the state’s mandated provider pool. This limits the ability of these small businesses to meet the mental health care needs of Oregonians. Oregon statutes should be changed to mandate that LPC's and LMFT's be reimbursed by insurance companies and managed care organizations for their services.

Current Oregon law already requires insurers to pay for mental health services provided by physicians, psychologists, clinical social workers, and nurse practitioners.

5. Inadequate service in rural areas.

The impact of restricting the size of mental health care provider networks is most noticeable in the rural areas of Oregon where providers are few and far between. This limits the abilities of these rural consumers to access mental health care providers.

6. Supply and demand works.

Increased access to a larger provider pool will translate to decreased health care costs. Research suggests that improved access to mental health care providers results in an additional savings, a medical cost-offset. (See background material in Resources.) For example, people may reduce their use of health care services after individual psychotherapy, thereby lowering overall health care costs.

A 1985 study by Regence Blue Cross-Blue Shield of the Oregon law that mandated reimbursement of LCSW's revealed an increase in service at reduced cost. Why shouldn’t this service-cost relationship also apply to LPC's and LMFT's?

There's research evidence to support this. A 2002 economic impact analysis from the Journal of Health Politics, Policy and Law. Anne Carroll (Rider University) and Jan M. Ambrose (La Salle University) examined all states that had "Any Willing Provider" (AWP) laws on the books. These laws mandate that all providers of a service (e.g., mental health care) are eligible for reimbursement from insurers as long as they adhere to company standards. Their analysis concluded that

the impact of both types of AWP laws is such that the profit margins, or "bottom lines" of HMOs are unaffected by their presence....[O]ur results robustly indicate that fears that such laws will adversely affect the profitability of HMOs are unfounded, at least insofar as these laws are currently used.

Increasingly, states are implementing AWP laws (read the Vermont experience). Here in Oregon, insurance companies such as Regence Blue Cross/Blue Shield still maintain that expanding provider pools with LPCs and LMFTs will drive health care costs up. We think this is "voo-doo" economics.


7. Insurance company provider "panels" unfair

Insurers "trump" the State of Oregon and its professional licensing boards by selecting for their customers, the insured, which licensed professionals they may see for therapy. At times, these "selectively contracted" provider panels may even be closed to new applicants for extended periods of time. Why must insurers limit access to providers who are fully qualified to practice and licensed by the State of Oregon?

We believe these companies should not outrank the laws, rules, and licensing boards that determine who - and who is not - competent to provide mental health care in Oregon. Moreover, by restricting access to mental health care via provider panels, insurers are, in effect, restricting the "supply" of counselors and therapists. The economic law of supply and demand suggests that the net effect of restrictive provider panels is to prop up the price of mental health care.

8. Utilization reviews invade client privacy

Oregon law deems that "...a utilization review contractor...shall have the authority to certify for or to deny level of payment." While these reviews by insurance companies must be conducted subject to certain client confidentiality provisions under Oregon statutes, most therapists feel they must divulge some confidential therapeutic information to receive reimbursement from insurance companies or to obtain authorization for an extension of treatment. Often, they feel "interrogated" by some insurance personnel who may not have the depth of training to understand a client's issues.

Licensed mental health care providers should not have to practice their profession "between a rock and a hard place." Their professional ethical codes demand accountability for client welfare, yet these same codes also hold sacred client confidentiality.

Clients should be able to receive the treatment they need without fearing that sensitive, confidential information will be released to their insurance companies.

9. Bureaucracy costs

Insurance companies spend a lot of money on a bureaucracy that checks on authorization, screens therapists for panels, provides utilization reviews, etc. Why not use this money more productively elsewhere?

 

 

 

Copyright 2007, 2008. Oregon Coalition for Consumer Mental Health Protection and Choice. All Rights Reserved.