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ACA 2011 Annual Conference
New Orleans, Louisiana – March 25-27
Scott Barstow & Dominic Holt American Counseling Association Office of Public Policy and Legislation
Federal Policies Affecting Counselors: How Can They
Be Changed?
Slide 2
Scott Barstow, x234
Dominic Holt, x242
Christie Lum, x354
http://www.counseling.org/publicpolicy ph: 800-347-6647
http://capwiz.com/counseling fax: 800-473-2329
ACA’s Office of Public Policy & Legislation
mental health, substance abuse,
rehabilitation, career, vocational, and state
counseling issues
education issues, grassroots development,
and communications
office admin, budgeting, publications,
logistics and planning, e-mail lists, web
page
Slide 2
Slide 3
ACA Public Policy & Legislation Committee
Slide 3
• Sets ACA legislative agenda
• Gives out legislative development grants to ACA entities
• Provides guidance and feedback on policy issues
• Comprised of 9 members and 3 ex officio members
• Members appointed to three year terms, ACA president
typically appoints two members and selects chair
• Current chair: Bill Braden, KyCA Executive Director
Slide 4
• TRICARE – counselors must operate under physician
referral and supervision until Department of Defense
(DoD) issues regulations allowing independent practice
• H.R. 208 – bill introduced by Rep. Tom Rooney (R-FL)
and Rep. Larry Kissell (D-NC), allows independent
practice for counselors meeting current TRICARE
requirements
• Ask your Rep. to cosponsor H.R. 208; bill may
become necessary if DoD adopts Institute of Medicine-
type recommendations (mental health counseling
degree from CACREP-accredited programs
Federal Issues update – TRICARE
Slide 5
• Department of Veterans Affairs (VA) adopted occupational standard
for LPMHCs (licensed professional mental health counselors) in
September
• VA facilities are continuing to hire LCSWs, but are hiring almost no
LPMHCs
• ACA is asking the VA to issue guidance to local facilities to
announce positions as multi-disciplinary; meeting with VA Office of
Mental Health Services staff coming up in two weeks
• VA’s LPMHC standard requires CACREP degree -- ACA joined
AMHCA and NBCC in asking the VA to adopt grandparenting
eligibility for counselors with other degrees, VA declined
• Master’s level degree required; doctoral degree alone not
recognized
Federal Issues update – VA
Slide 6
• New Medicare bill introduced in the Senate—S. 604, the ―Seniors
Mental Health Access Improvement Act of 2011‖ [Senators Ron
Wyden (D-OR) / John Barrasso (R-WY)]
• Medicare -- Congress will take up Medicare legislation in 2011, to
prevent a 25% physician pay cut from taking place January 1, 2012.
We need to lay the groundwork now for success next year
Federal Issues update – Medicare
• S. 604 covers LPCs, MFTs under
same terms, conditions, pay rates
as LCSWs
• ASK YOUR SENATORS TO
COSPONSOR S. 604!
Slide 7
• Health care reform -- Patient Protection and Affordable
Care Act (PPACA) – is one year old!
• Congressional Republicans continuing to attack
legislation, promising ―repeal and replace‖ (with what?)
Federal Issues update – PPACA
• Affordable Care Act includes provider
non-discrimination provisions, starting
in 2014
• Meshes nicely with Mental Health
Parity and Addiction Equity Act
• ACA working with other health
advocacy organizations to defend law
Slide 8
• Renewal of NCLB/ESEA – May expand preschool access, improve
teacher quality, change accountability/AYP, eliminate programs
(ESSCP, MHI)
• H.R. 667, Put School Counselors Where They Are Needed Act,
Rep. Linda Sanchez (CA-39) -- House cosponsors needed!
• ACA is working to make sure school counselors are more central,
less marginalized, in schools, and appropriately included in teacher-
incentive and training opportunities
• Federal Elementary and Secondary School Counseling Program
(ESSCP) Appropriations/Funding -- US Department of Education
(ED) funding cut severely in stopgap spending bills, and ESSCP
proposed for elimination by new House Majority and ―consolidation‖
per ED budget proposals
Federal Issues update – School Counseling
Slide 9 Slide 9
True or False: The Founding Fathers created Congress to pass laws
Slide 10
Advocacy is like baseball
• Legislative change happens s-l-o-w-l-y. It’s supposed to!
• Most of the time when a batter steps up to the plate, nothing happens
• VERY successful baseball players hit around .300
• Wayne Gretzky: ―You miss 100% of the shots you don’t take.‖
Slide 11
Advocacy is also like a camel (or rather, breaking a camel’s back)
• On most issues, a given number of calls
or letters will convince a legislator to
take action
• Your call or letter may not be the 10th or
20th (or whatever) contact that
convinces a staffer or legislator to take
action, but it makes possible the contact
that finally breaks the camel’s back!
12
Communicating with Congress
[Excerpts from a November, 2008 presentation to ACA
members by Congressional Management Foundation staff
person Tim Hysom]
Roll Call Newspaper, March 26, 2001
Offices Are Doing a lot More
Since the 1970’s
Staff sizes have stayed the same since the 1970’s!
US Population: +100 million
District Populations: +183,000
Casework: Barely existed
Faxes: Didn’t exist
E-mail: Didn’t exist
Advocacy campaigns: Rudimentary
Internet/Web Sites: Didn’t exist
Faster pace!
Asked on a Survey of
Congressional Staffers . . .
"If your Member/Senator has not already arrived at a firm decision on an issue, how much influence might the following advocacy strategies directed to the Washington office have on his/her decision?"
3%
3%
3%
15%
20%
30%
34%
44%
47%
60%
0 10 20 30 40 50 60 70 80 90 100
Form Faxes
Form E-mail
Form Letters
Lobbyist Visit
Phone Calls
Individualized Faxes
Individualized E-mail
Individualized Letters
Constituent Representative
Constituent Visits
A lot of Influnce
Some Influence
3%
3%
3%
15%
20%
30%
34%
44%
47%
60%
0 10 20 30 40 50 60 70 80 90 100
Form Faxes
Form E-mail
Form Letters
Lobbyist Visit
Phone Calls
Individualized Faxes
Individualized E-mail
Individualized Letters
Constituent Representative
Constituent Visits
A lot of Influnce
Some Influence
57%
96%
96%
94%
99%
93%
88%
91%
65%
63%
The Most Influential Communications are Personal
Source:
CMF, 2008
―Most advocacy
campaigns of identical
form messages are sent
without the constituent’s
knowledge or approval.‖
Mistrust of Identical Form
Advocacy Campaigns
Strongly Agree – 15%
Agree – 35%
Neither Agree Nor Disagree
25%
Disagree – 24%
Strongly Disagree – 1%
Slide 19
INDIVIDUAL contacts work, form letters don’t: an actual quote from a congressional staff member…
source: “Communicating With Congress,” Congressional Management Foundation, 2005
“One hundred form letters have less direct value than a single thoughtful letter
generated by a constituent of the Member’s district.”
CMF report: ―Quality is more persuasive than quantity…. The content
matters. The operating assumption of many congressional staff is
that the more time and effort constituents take to communicate, the
more passionately they care about the issue.‖
Communicating with Congress:
True or False?
Communicating with a staffer is the same as communicating with the Member or Senator.
In a meeting, it’s important to convey as much information as possible.
A form response means the Member is not interested in what I have to say.
Average citizens can build relationships with Members of Congress and their staffs.
A meeting with a Member of Congress will be held in a lavish office like you see in the movies.
1. TRUE
2. FALSE
3. FALSE
4. TRUE
5. FALSE
Communicating with Congress:
True or False?
It’s best not to identify the organization behind a grassroots campaign.
It doesn’t matter how a message is delivered (fax, postal, e-mail), offices treat them all the same.
Hundreds of form messages have more impact than a few individual communications from constituents.
When trying to communicate a timely message, faxes are better than e-mails.
1. FALSE
2. TRUE
3. FALSE
4. FALSE
The Do’s and Dont’s
Target Members who have not made up their mind
Send messages when they can have the greatest impact.
Send personalized messages that tells how a bill affects you
Combine advocacy strategies
Send thank-you messages to Members who support your issues
Do:
The Do’s and Dont’s
Target every Member in the same way
Send your messages too early or too late
Send general messages that aren’t about a specific bill or issue
Just send repetitive and impersonal form messages
Send the same message over and over
Convey your position on multiple issues in a single letter
Don’t:
What is Your Ask?
Policy/Legislative Requests Cosign a letter to the president
Cosponsor legislation
Offer help in crafting legislation to introduce
Offer to be a knowledgeable resource prior to a key vote
Ask the Member to support a grant request
Building Relationships Facility visit
District/state office meeting
Newsletter article
Statement for the Congressional Record
Speech to members/employees
Conference call
Slide 25
Your work is essential!
Without grassroots activity, lobbying is ineffective.
ACA
individual counselors
state association
Slide 26
Writing your Members of Congress
• Keep letters to one page, and one topic
• Make sure your name and address are legible
• Keep a copy of your letter, for future reference
• May want to add ―Do not put on mailing list‖
______________
Sending E-mails
• Keep e-mails short, and on one topic
• Individualize and personalize your e-mail!
• Make sure your name and address are included
• Keep a copy of your e-mail, for future reference
Slide 27
SENATE and HOUSE of REPRESENTATIVES
• Please cosponsor legislation to be introduced shortly which would establish Medicare coverage of medically-necessary psychotherapy provided by licensed professional counselors.
POLICY ARGUMENTS
• Medicare’s benefit package is woefully out-of-date, as private sector health plans have covered LPCs for years
• This is bipartisan, very low-cost legislation, with no opposition
• Medicare beneficiaries—especially in rural areas—need better access to outpatient mental health services
Ask for specific, verifiable action
Slide 28
What’s a “cosponsor”?
A member of congress is said to be the sponsor of a bill when he or she is the person who introduced the bill.
A member of congress can cosponsor a bill by asking the bill’s sponsor to add their name as a cosponsor. Cosponsoring a bill shows support for the legislation.
A member of congress who has agreed to cosponsor a bill
before it is formally introduced is said to be an original cosponsor of the legislation. Original cosponsors of legislation have their names listed behind the bill sponsor’s name when the legislation is printed.
The number—and make up—of a bill’s list of cosponsors can provide a measure of its support.
Slide 29
“Thomas” website
Slide 30
“Thomas” website – S. 604
Slide 31
“Capwiz” website
Slide 32
“Capwiz” website - Medicare
Slide 33
ACA public policy website
Slide 34
ACA public policy website
Slide 35
Potential ACA public policy website
Slide 36
Potential ACA public policy website
Slide 37
Contacting your Members of Congress: What happens when…
I don’t get a response in three weeks?
– Call the office back and politely offer to resend
or fax the letter/e-mail again
– Remember, the squeaky wheel gets the grease!
I get a non-specific or non-germane response?
– Send another letter or e-mail back thanking the
legislator for responding, but politely asking for
a more specific response addressing your
specific request
Slide 38
Advocacy is like playing golf underwater
1. Follow through
The initial call, letter, or e-mail is NOT the end point of
engaging in advocacy. The end point is getting a concrete,
specific answer on your particular request.
2. Follow through
3. Follow through
• Each contact with the ball (i.e., a legislator) gets you closer to the
pin (i.e., a concrete response to your specific request)
• Depending on how tough the hole is, it’s likely to take 3-5 shots
(contacts) to get the ball to go where you want it to
• Three rules:
Slide 39
Follow-up: above v. below the water level
Contact plus follow-up
Contact without follow-up
Slide 40
Thank you!
Q & A
