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A Discussion of Key Federal Issues Impacting the Professional Social Worker: A Companion to the Legislative Agenda For the 108 th Congress

At the National Association of Social Workers (NASW), we remain concerned about a range of federal issues affecting the quality of life for people both nationally and internationally, as well as professional social workers' ability to provide quality services. This year, we will focus our federal advocacy in the areas of health, mental health and aging, economic security, civil and human rights, social work research and training, child welfare, and education. NASW will strive to ensure that the role of professional social workers is recognized, reimbursed, protected, and supported in federal legislation and regulation.

This document is not intended to be an exclusive discussion of federal legislative and regulatory activities in which NASW will participate. However, the discussion does highlight a few of the key federal issue areas that affect the profession in terms of how federal legislation and regulatory implementation will reimburse and recognize professional social workers. For an in-depth analysis of these and other federal issues including the NASW Legislative Agenda for the 108 th Congress , we invite you to visit our Web site at www.socialworkers.org/advocacy

Health, Mental Health, and Aging

NASW supports federal efforts that preserve or enhance the effective practice of professional social work within the areas of health, mental health, and aging. Continued recognition in federal legislation and regulation of the necessary, therapeutic roles of professional social workers, and their services in health, mental health, and aging settings are of utmost importance. Likewise, the current and future ability of professional social workers to receive reimbursement for their services from federal programs, such as Medicare, is also vital. Protection and promotion of professional social work education and training through federal funding and programs in areas of health, mental health, and aging also are of significant interest.

Current initiatives within these areas include:

  • Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003 (H.R. 953/S. 486) which would provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits
  • The Clinical Social Work Medicare Equity Act of 2003 (H.R. 707/S. 343), which would rectify the inability of clinical social workers to bill Medicare Part B directly in skilled nursing facilities for psychotherapy services
  • The Clinical Social Workers' Recognition Act of 2003 (S. 81), which would permit clinical social workers to conduct evaluations to determine work-related emotional and mental illnesses
  • The Strengthen Social Work Training Act of 2003 (S. 77), which would amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under the certain programs to assist individuals in pursuing health careers and programs of grants for training projects in geriatrics, and to establish a social work training program
  • The Small Business Health Fairness Act of 2003 (S.545/H.R. 660), which would dramatically alter access and choice for small business employers to purchase association health plans (group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations): Loss of consumer protections and benefit mandates are a prominent feature of the legislation.
  • The Lifespan and Respite Care Act of 2003 (H.R. 1083/S. 538), which would establish a program to assist family caregivers in accessing affordable and high-quality respite care
  • The Keeping Families Together Act (S. 1704/H.R. 3243), which would award competitive grants to States to establish systems of individualized mental health treatment and family support services for children who are in custody or in danger of entering the custody of the state for the purpose of receiving mental health services
  • In addition, NASW will be involved in legislation to be introduced shortly concerning reauthorization of the Substance Abuse and Mental Health Services Administration and creating a block grant of the Medicaid program.

NASW will also be involved in reauthorization of the Health Professions Education Partnership Act of 1998 (Pub. L. No. 105-392). This law provides funding to education programs that train health/mental healthcare professionals.

  • The Elder Justice Act (H.R. 2490/S. 333), which would amend the Social Security Act to add a new title XXII (Elder Justice), whose provisions would include the following:

(1) Authorization for the HHS Secretary to award various grants, including grants for prevention of elder abuse, neglect, and exploitation, and other multidisciplinary elder justice activities;

(2) Establish programs to prevent abuse of skilled nursing facility residents;

(3) Increase the number of health care professionals with geriatric training;

(4) Establish an Office of Adult Protective Services in HHS; and

(5) Assure safety of residents when nursing facilities close.

For additional information on the legislative and regulatory activity surrounding health, mental health, and aging, please visit http://www.socialworkers.org/advocacy/issues

To obtain a summary of the bills mentioned, please visit http://www.thomas.gov/

Economic Security

NASW supports a national economic policy that recognizes that a nation's well being is determined not only by financial conditions but also by the well being of its citizens. Such an economic policy must include universal access to fair and equitable employment, opportunities to accumulate human and financial assets, and access to unstigmatized social and financial support for those in need. In its work on the reauthorization of the 1996 welfare law, the Personal Responsibility and Work Opportunity Reconciliation Act, NASW identified three key issues for the social work profession:

  • •  Expanding services for families with disabilities and other barriers to employment, including mental health, substance abuse, and domestic violence;
  • •  Eliminating racial and ethnic discrimination in the Temporary Assistance for Needy Families (TANF) program; and
  • •  Creating a more stable and professional TANF workforce.

To improve the TANF workforce, NASW is promoting comprehensive training for frontline staff and supervisors, lower workloads for case managers, higher staff qualifications, and collaboration with professionals outside the TANF program.

In addition to enhancing the lives of low-income families, success on these issues would create new opportunities for utilizing social work expertise in supportive services, open the door for greater social work collaboration with state and county TANF agencies, and build the case for greater professionalism in the delivery of public social services.

NASW opposed the Personal Responsibility, Work, and Family Promotion Act (H.R. 4) passed by the House in the first session of the 108 th Congress. The Personal Responsibility and Individual Development for Everyone (PRIDE) Act is pending in the Senate. Neither bill contains needed workforce improvements.

NASW has endorsed the Chance to Succeed Act (H.R. 624/S. 316), which addresses the needs of families with barriers and the need for better trained staff; The Self Sufficiency and Accountability Act (S. 263), which addresses racial disparities, barriers, and workforce issues; and the Personal Responsibility and Work Opportunity Reconciliation Act Amendments (S. 367), which addresses barriers and workforce issues.

What is more, NASW will support proposals that protect and improve the Social Security system for low-wage workers, women, children, people of color, and people with disabilities. The Association will seek enactment of proposals that increase opportunities for ownership of financial assets that raise the federal minimum wage, and require equal pay for equal work. Enactment of The Fair Pay Act (H.R.1362/S.989) will promote income equalization among professional social workers.

For additional information on the legislative and regulatory activity surrounding economic security, please visit http://www.socialworkers.org/advocacy/issues/default.asp

To obtain a summary of the bills mentioned, please visit http://www.thomas.gov/

Civil and Human Rights

NASW supports full civil and human rights for all people and opposes public policies that alienate individuals by race, ethnicity, national origin, gender, age, physical or mental abilities, marital status, sexual orientation, or religious belief. The Association will continue to support strong federal policies, including affirmative action and international treaties and conventions aimed at addressing discrimination based on race and gender.

In addition, NASW will urge Congress to extend the promise of equal opportunity to all citizens, including gay, lesbian, bisexual, and transgender persons through the passage of such measures as the Employment Nondiscrimination Act and the Hate Crimes Prevention Act.

NASW's support of legislation such as the Local Law Enforcement Enhancement Act (H.R.1343/S.625) and the Employment Non-Discrimination Act (H.R.2692/S.1284) will redress, if enacted, historical patterns of discrimination endured by disadvantaged groups as well as social workers that have been relegated to inferior status due to race, gender, or sexual preference. Other proposals, including the Violence Against Women Act (H.R.429/S.410), will require social work expertise as it pertains to the prevention and treatment of family violence as well as protecting women from all forms of exploitation.

For additional information on the legislative and regulatory activity surrounding civil and human rights, please visit http://www.socialworkers.org/advocacy/issues/default.asp

To obtain a summary of the bills mentioned, please visit http://www.thomas.gov/

Social Work Research and Training

NASW will continue to support passage of the National Center for Social Work Research Act (H.R.844/S.73), and will work collaboratively with other organizations in the Action Network for Social Work Education and Research (ANSWER) Coalition in pursuing this objective. The establishment of a national center will serve social workers by compiling social work research and translating it into “best practices” that can be used throughout the profession.

In addition, the center would provide grants to universities and other non-profit organizations that are conducting social work research. NASW will also continue to promote legislative report language that promotes the social work research currently being conducted within the National Institutes of Health (NIH) and the Veterans Administration. In addition, The Association will continue to promote the profession's goal of securing national access to programs that support social work research and training.

For more information about ANSWER and the legislative activity surrounding the National Center for Social Work Research Act, please visit https://www.socialworkers.org/advocacy/answer/default.asp

To obtain a summary of the bills mentioned, please visit http://www.thomas.gov/

Child Welfare

NASW will continue to support a strong federal role in, and adequate funding for, child welfare programs, including training programs, and for improvements to the child welfare system. The Association will concentrate its efforts on promoting policies that protect the best interests of children, including the use of qualified staff and reasonable workloads that permit adequate contact with children and their families, and will also focus on legislative proposals to create a more stable and professional child welfare workforce and to protect and improve federal child welfare training programs.

Specifically, NASW is supporting the Child Protection Services Workforce Improvement Act (H.R. 2437) and the Child Protective Services Improvement Act (H.R. 1534). Both bills would provide grants to states to improve the quality of their child welfare workforces. H.R. 2437 also would expand federal training programs to include mental health issues and private agency staff and provide loan forgiveness for students who complete degrees in social work (BSW or MSW) or in related fields and work in child welfare. NASW also is working to ensure the continuation and improvement of the child welfare training program under Title IV-E, a program that the Administration has proposed to block grant.

NASW is advocating for enactment of the Child Protective Services Student Loan Forgiveness Act (H.R. 734/S. 409), which authorizes a demonstration loan forgiveness program for students earning BSWs or MSWs who obtain and keep jobs in the public child welfare system. The bill recognizes the value of social work training in the provision of child welfare services, would assist states in recruiting and retaining qualified child welfare staff, and assist social work graduates saddled with high loans and low wages.

NASW is also working on the reauthorization of the Child Abuse Prevention and Treatment Act (CAPTA). The Association is promoting greater attention to case management, including caseworker training and supervision, recruitment and retention of caseworkers; enhancing the focus on prevention; and authorizing funds to develop better linkages between child protection services and the health, mental heath, education, and juvenile justice systems. The Keeping Children and Families Safe Act (H.R. 14/S. 342), which includes many of these provisions, would create new employment and training opportunities for social workers in child welfare and new collaborative roles for social workers in other systems and would assist social workers in providing more effective child welfare services.

For additional information on the legislative and regulatory activity surrounding child welfare, please visit http://www.socialworkers.org/advocacy/issues/default.asp

To obtain a summary of the bills mentioned, please visit http://www.thomas.gov/

Education

NASW supports educational reforms that recognize the diverse needs of students and enhance opportunities for all students, particularly those with multiple barriers, to meet their highest potential.

During the reauthorization of the Individuals with Disabilities Education Act (IDEA), NASW will seek to enhance recognition of the critical role school social workers play in producing effective learners and productive citizens. Specifically, the Association will work to ensure adequate funding for IDEA that will in turn increase the number of school social work positions in each school district.

NASW is also recommending that Congress stipulate that these positions are to be filled only by qualified school social workers who have received specialized training to meet the needs of students with disabilities, are conversant with special education laws, understand the dynamics of school systems, and are committed to meeting the spirit of the law. In addition, the Association will promote changes within IDEA that will directly benefit school social workers, such as the streamlining of required paperwork completed by school social workers for each student.

NASW will also support an increase in funding for the Elementary and Secondary School Counseling Program to a minimum of $75 million so that it can fund school social work positions in secondary schools, as well as elementary schools, as was the program's original intent.

In addition, the Association will support the exclusion of discriminatory language in the Head Start reauthorization legislation. NASW opposes such language because it would allow for Head Start programs to discriminate against social workers and other professionals in the hiring process based on the applicant's religion. 

During congressional consideration of the reauthorization of the Higher Education Act (HEA), NASW will be promoting loan forgiveness for social workers in a variety of settings. NASW has endorsed the Child Protective Services Student Loan Forgiveness Act (H.R. 734/S. 409) and is supporting the College Opportunity for a Better America Act (H.R. 1306).

The Child Protective Services bill authorizes a loan forgiveness program for students earning BSWs or MSWs who obtain and keep jobs in the public child welfare system. The bill recognizes the value of social work education in the provision of child welfare services and would assist states in recruiting and retaining qualified child welfare staff and assist social work graduates saddled with high loans and low wages.

The College Opportunity bill would provide loan forgiveness not only for social workers and others who go into child welfare, but also other professionals who work in public services professions suffering from a critical lack of qualified personnel and serve low-income communities.

For additional information on the legislative and regulatory activity surrounding education, please visit http://www.socialworkers.org/advocacy/issues/default.asp

 
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