TESTIMONY BEFORE THE NEW JERSEY ASSEMBLY BUDGET COMMITTEE ON THE GOVERNOR’S FISCAL YEAR 2015 BUDGET BY THOMAS H. PYLE 50 BALSAM LANE, PRINCETON, NJ 08540 T: 609-924-7895 E: THPYLE@GMAIL.COM W: WWW.PSYCHODYSSEY.NET FOR THE NEW JERSEY PSYCHIATRIC REHABILITATION ASSOCIATION AT MONTCLAIR STATE UNIVERSITY MARCH 12, 2014 To the Honorable Gary S. Schaer, Chairman, New Jersey State Assembly Budget Committee: Thank you for this chance to testify before the Assembly Budget Committee regarding the fiscal year 2015 budget. My name is Tom Pyle, of Princeton. I am a member of the New Jersey Mental Health Planning Council. I am also a member of New Jersey Psychiatric Rehabilitation Association (NJPRA), a professional association of mental health providers of psychiatric rehabilitation (PsyR) services, mostly community based, to over 250,000 New Jerseyans with schizophrenia, bipolar disorder, and clinical depression pursuing and achieving recovery.1 More important, I am a father of a New Jersey Medicaid beneficiary with a psychiatric disability. For seven years I have been helping my son navigate the maelstrom of mental illness—and the sometimes rocky shoals of the state’s system that tries to care for it. A former banker who shares your peculiar interest in budgets, I was so swamped by the mental illness tsunami that I went back to school for a second degree in psychiatric rehabilitation (from Rutgers) to be more effective in the search for better public mental health care. Knowing the challenges of my colleagues, my son, my family, and all others likewise typhooned by mental illness, I pledge my partnership as I also plead my position. Psychiatric rehabilitation is a critical component of Medicaid-funded mental health recovery. Medicaid is the 1 dominant funder of the public mental health care in this country.2 New Jersey’s Medicaid rates are currently the lowest in this country.3 Our loved ones with mental illness deserve better. The decisions that you honorable representatives will make about this budget, particularly about New Jersey Medicaid’s funding of public mental health services, and especially in light of the controversial and possibly contentious forthcoming move of our behavioral health system to managed care, are as serious as schizophrenia. The Role of Psychiatric Rehabilitation in Mental Health Recovery Since 2006, the official policy of the Division of Mental Health and Addiction Services has been “recovery”4, best achieved by community integration of all citizens with psychiatric disabilities to the fullest extent possible. Indispensable to such recovery is the practice of psychiatric rehabilitation. What do I mean by that? I have learned that an optimal mental health system has three components, as shown in Attachment 1. The medical component consists of hospitals, doctors, and medications that stabilize function. The rehabilitation component teaches skills and provides supports that foster community integration. The empowerment component generates the energy, resolve, and hope that helps a person through and to recovery. All three components must work together to foster recoveries of the highest value for the most people over the longest period for the lowest cost. The science of the medical component is psychiatry. The science of personal empowerment is psychology. The science of the rehabilitation component is psychiatric rehabilitation, comprised of federally designated evidence-based practices (also referenced in the 2014 budget on pages D-172 and D-1735), such as: Program of Assertive Community Treatment (PACT)6 Illness Management and Recovery (IMR)7,8 Integrated Dual Disorder Treatment (IDDT)9,10 2 Supported Housing (SH)11 Supported Employment (SEP)12 Supported Education (SEd)13,14 Family Psychoeducation (FPE)15-17 As I personally know from my own studies, New Jersey is considered a national leader of psychiatric rehabilitation knowledge and practice, much due to our extraordinary “Jersey Strong” Rutgers Department of Psychiatric Rehabilitation and Counseling Professions, as seen in Attachment 2, a pioneering powerhouse in psychiatric rehabilitation education, training, and research.4,18-24 Psychiatric rehabilitation is a transdisciplinary practice at work in our state’s hospitals, community agencies, residences, and private practices. For instance, it helps service users secure sufficient and seamless services when transitioning between the state hospitals, other institutions, and communities. It implements housing requirements to arrange for care in least restrictive environments as mandated by the Supreme Court’s Olmstead decision. It gives New Jerseyans in need skills and supports to sustain their recoveries with good health and wellness self-management, thus reducing relapses and rehospitalizations. The Coming Challenge of Medicaid-Funded Managed Mental Health Care Right now New Jersey is shifting its public mental health care to “managed care”. The Department of Human Services (DHS) will soon contract a private company to manage New Jersey’s public mental health care, including its Medicaid payments. Monthly provider-based contract payments will be changed to incident-based fee-for-service payments. A critical part of this transition is setting new Medicaid rates, a process now engaged by DHS and its consulting firm, Myers & Stauffer. By this process the State is redefining eligible services and resetting rates for all Medicaid-funded public mental health services. 3 How DHS concludes these will affect all New Jersey’s mental health service consumers and their providers for years to come. At stake is the adequacy of New Jersey’s public mental health system. If this rate-setting is not done right, Medicaid in the new fee-for- service system could fail to fund full and fair value for services. If this occurs, New Jersey’s community mental health care system could deteriorate to a crisis, affecting tens of thousands. Eighteen years ago Tennessee crashed its public mental health system when it made such a move.25 Other states have had varied results.26 Fortunately, things are better now, but we cannot be complacent. New Jersey has been neglecting its community mental health workforce. Over the past 6 years the state has imposed an unreasonable freeze on cost-of-living increments for provider agency contracts. This has caused workforce compensation to be mostly flat over the period, while the CPI index rose in the same time by over 13%, as seen in Attachment 3. This sad circumstance has sapped community direct care worker morale and crippled recruitment and retention. Meanwhile, as Medicaid is poised to expand its rolls by 25%, adding 245,000 new beneficiaries in New Jersey alone,27 workforce case loads are about to explode. My provider friends also tell me that agency operations are another concern. Strict new compliance regulations, without sufficient funds for training to abide by them, threaten to overwhelm agency capacities. The proposed change of the State’s Medicaid payment basis to incidental fee-for-service will squeeze provider cash flows. Coverage of indirect costs for psychiatric rehabilitation service mobilization (e.g., utilization review and compliance activities, billing capacity, and working capital) is also uncertain. Specific Problems with Medicaid Unfortunately, New Jersey’s Medicaid reimbursement today is severely deficient. Both “catch-up” and “correction” are needed to ensure that psychiatric rehabilitation services receive proper specification and sufficient funding under Medicaid. Consider the following: 4 New Jersey’s Medicaid rates are currently the lowest in the nation.28 (See Attachment 4.) Thus many New Jersey providers no longer accept Medicaid29, the fewest of any state. For example, because of miserly Medicaid reimbursements, not one private psychiatrist in my son’s home county of Mercer accepts Medicaid, according to the New Jersey Medical Assistance Customer Center.30 This disgrace hobbles effective PsyR practice and hurts those with mental illness. Medicaid’s definition of “medical necessity” does not apply to many PsyR practices, which preempts many effective, efficient, and cost-saving aspects of PsyR that can greatly help. Gaps abound. Medicaid funds only some but not other elements of certain PsyR practices (e.g., Supported Employment and Supported Housing), creating enormous discontinuities and wasting public money. What new rates the State will set, and for what services, now pose the greatest public health policy challenge to face the Garden State in years. The FY 2015 Budget: Psychiatric Rehabilitation’s specific needs So, what do I recommend? Stop being last in Medicaid rates. Might the Legislature adopt the goal of funding New Jersey’s Medicaid rates, now dead-least 50th in the country, to at least the national average— even it that would not even fully address our highest-in-the-nation cost of living in this state? It should also fund rates sufficiently to enable linkage of compensation increases to the rate of inflation (COLA). Catch up the compensation. The critical work of helping those with psychiatric disabilities achieve true community integration is long, hard, slow, and undercompensated, especially in 5 light of the state’s unreasonable 6 year freeze on agency contract adjustments. The Legislature should fund an adjustment to the state’s current contracts with community mental health agency sufficient for a 10% catch-up compensation adjustment for the direct care psychiatric rehabilitation workforce. This would reverse part of the 12.6% shortfall caused by the state’s 6 year contract adjustment freeze under the existing Medicaid contract payment system. Fill the gaps. We should fund the full continuum of PsyR practices. Funding should provide for services in a selectively expanded NJ Medicaid definition of “medical necessity”, include a) all PsyR practices, b) all elements of each PsyR practice (e.g., for Supported Employment, from pre-employment through on-going support services), and c) activities necessary to support psychiatric rehabilitation (e.g., utilization reviews and compliance, billing, and related working capital). Fund more Supported Employment. As a group of people, people with psychiatric disabilities endure an unconscionable unemployment rate of 85%! Research shows that supported employment is particularly effective for advancing community integration and recovery.31 Work is good therapy for everybody’s recovery, especially those with psychiatric disabilities. Supported employment in FY 2014’s budget estimate supported 2,371 service users with 96,029 service hours for only $5.3 million at an effective rate of $55 per hour.5 This program easily could be doubled to serve 5,000 service users. Fund for safety and flexibility in special situations. For another means by which to save money and improve services over the long-run, the Legislature should specify and sufficiently fund sensible adjunctive services when necessary for safety or flexibility in special situations (e.g., paired rather than single visits by mobile treatment/support teams, telephonic rather than face-to-face dialogues of consumers with prescribing specialists and 6 care managers). That would more efficiently and inexpensively activate and sustain PsyR and related recovery practices. More legislative oversight—and support! The current Medicaid rate-setting process is the most important public health policy question that has faced New Jersey in a decade, yet few outsiders know about it, much less are engaging in the debate about it. This seems a major opportunity for our legislators to be more involved in a critical public policy oversight matter, the Medicaid rate-setting debate, to help New Jersey transform its current rate status from the worst in America. In spite of our current economic woes, how can we not heed the higher call of the higher ideal: more properly to arrange and provide this utterly basic funding, thus better to protect and care for the most vulnerable amongst us, our loved ones with severe mental illness, as is their meager entitlement, our government’s fundamental purpose, and our society’s moral obligation? So, this concludes my presentation. I hope it has been helpful. I thank you for your time, and I, my family, and my colleagues of the New Jersey Psychiatric Rehabilitation Association look forward to working to working with you. 7 Attachment 1 Recovery: To Most, An Outcome time 9 Recovery: Actually, A Process time 10 8 Medical Recovery Process: 3 Components Psychiatric Rehabilitation Medical Individual Empowerment time 11 So... A Whole Recovery System Illness Management & Recovery Supported Housing Medical Hospitals Supported Education Doctors Psychiatric Rehabilitation Medical Meds Supported Employment Assertive Community Treatment Family Psychoeducation Psychotherapy Peer Groups & Services Individual Empowerment time 17 9 Medical Recovery Process: 3 Essential Sciences Psychiatric Rehabilitation Psychiatric Rehabilitation Psychiatry Medical Psychology Individual Empowerment time 22 The Common Misperception of Relativity 18 10 Attachment 2 Psych Rehab: “Jersey Strong” Expertise 16 Psych Rehab: Evidence-Based Practices (Pratt, Gill, Barrett, & Roberts, 2007) Illness Management and Recovery Integrated Dual Disorder Treatment Assertive Community Treatment Family Psychoeducation Supported Employment Supported Education Supported Housing Other “promising” practices Psychiatric Rehabilitation Recovery 15 11 Attachment 3 Inflation: CPI vs. Direct Care COL Year Inflation Rate(%) Direct Care COL(%) 2005 3.4 2006 2.5 2007 4.1 2008 0.1 0.0 2009 2.7 0.0 2010 1.5 0.0 2011 3.0 0.0 2012 1.7 0.0 2013 1.5 0.5 Source: U.S. Bureau of Labor Statistics Inflation: CPI vs. Direct Care COL PsyR Community Direct Care COL = 12.6% Source: U.S. Bureau of Labor Statistics 12 Attachment 4 Critical Problem: Medicaid Rate Ratio... 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