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Health

Senators Introduce Bipartisan Bill To Strengthen America’s Mental Health System

As part of a wide-ranging effort to address gun violence in the wake of December’s mass shooting in Newtown, Connecticut, a bipartisan group of senators has introduced the Excellence In Mental Health Act, legislation that aims to strengthen America’s mental health safety net by providing behavioral health care facilities more access to federal funding and consolidating disparate elements of the U.S. mental health safety net.

When introducing the legislation, Sen. Roy Blunt (R-MO) explained, “[W]e must work together to spend federal dollars more wisely when treating people who are mentally ill. This bill will help address our fragmented mental health system and ensure that more patients have access to the care they need by offering current Community Mental Health Centers a chance to expand their services and obtain the Federally Qualified Community Behavioral Health Center designation.” Such a move would provide qualifying behavioral health centers parity with physical health centers by giving them access to prospective — rather than retrospective — Medicaid reimbursements. Modern Healthcare reports that the legislation would also require the federal health centers to offer more expansive services to mentally ill Americans and their families:

The new criteria established by the bill… would require such things as 24-hour crisis care, the increased integration of mental and substance abuse care with other kinds of medical care, as well as expanded support for families of mental health patients.

Mark Covall, president and CEO of the National Association of Psychiatric Health Systems, said increased standardization and integration are both worthwhile goals (though the association doesn’t take an official stand on the bill). Whether it is adding mental health services to federally qualified health centers or adding medical care to mental health centers, integration is important because that is the direction the industry is moving toward, Covall said.

In its current iteration, the Excellence In Mental Health Act represents a solid step in the right direction when it comes to bridging the illogical gap between the ways that physical and behavioral health issues are treated in America. But while the increased funding provisions are good news, the bill still does not go quite as far as the Wellstone-Domenici Mental Health Parity And Addiction Equity Act, which would require most private insurers to treat mental health coverage the same way they treat any other coverage.

It is also encouraging that the bill includes mental health resources for veterans and substance abusers. Military suicides reached a record high in January, and substance abusers — as a group — are among the most likely to suffer from a co-occurring mental illness. Alongside Sen. Al Franken’s (R-MN) recently-introduced Mental Health In Schools Act — which encourages early intervention and community resources for mentally ill American children — the new legislation suggests that the Senate is serious about plugging the gaping holes in America’s mental health safety net.

Politics

Mayors Against Illegal Guns Calls Out NRA In Dramatic Super Bowl Ad

Mayors Against Illegal Guns, a gun violence prevention group chaired by New York City Mayor Michael Bloomberg, will air an advertisement during the Super Bowl calling on Congress to pass universal background checks. The ad is part of the group’s “Demand A Plan” campaign, which focuses on convincing elected officials that stronger gun regulations are needed.

The spot features pictures and voices of children — a harsh reminder of the 20 first-graders killed in December in Newton, Connecticut. The kids single out the National Rifle Association for backtracking on its earlier support for background checks on all gun sales.

Watch it:

Current U.S. law allows people to buy guns through private sales without undergoing the otherwise-mandatory background check. That means that anyone who finds a firearm through Craigslist — or shops for one at a gun show — can walk away with a weapon undetected. Eighty percent of guns used in crimes seem to have been bought privately, and 40 percent of all gun sales are purchased without a check.

What’s more, universal background checks are widely supported. Just eight percent of the country agrees with the NRA’s position against such a measure; 92 percent support background checks for all. That’s likely to make the Super Bowl ad — which will air “on CBS, the network broadcasting the Super Bowl, in the Washington DC market in the third-quarter break coming out of halftime” — quite popular.

Justice

Justiceline: January 29, 2013

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice
  • As news emerged that the State Department will shutter the office tasked with closing the prison at Guantanamo Bay, pretrial hearings resumed for alleged 9/11 Khalid Sheik Mohammed at the military commission there. The week started with a mysterious censor of the proceedings that cut off audio and video to observers and reporters that even the judge appeared baffled by.
  • During a packed and contentious legislative hearing in Connecticut on improving gun violence prevention, attendees heckled the father whose six-year-old son was killed in the Sandy Hook shooting.
  • The defendant who won his Supreme Court case alleging improper government GPS monitoring is representing himself at the new federal court trial.
  • Massachusetts Gov. Deval Patrick (D) filed a proposal to limit sentences of life without parole for juvenile offenders, in the wake of a U.S. Supreme Court decision that banned the mandatory use of such sentences.

Justice

Top Conservative Publication: God Wants You To Have An Assault Rifle

Legislation aimed at reducing gun violence is “a limitation on a God-given right of man that has existed throughout the history of civil society,” according to an article published in the leading conservative opinion journal National Review.

The author, David French, interprets the Christian Bible as granting everyone a right to self-defense. He suggests that this, if true, means that God’s will is that people have access to guns, as they are the means for self defense:

In fact, Jesus’s disciples carried swords, and Jesus even said in some contexts the unarmed should arm themselves…What does all this mean? Essentially that gun control represents not merely a limitation on a constitutional right but a limitation on a God-given right of man that has existed throughout the history of civil society. All rights — of course — are subject to some limits (the right of free speech is not unlimited, for example), and there is much room for debate on the extent of those limits, but state action against the right of self-defense is by default a violation of the natural rights of man, and the state’s political judgment about the limitations of that right should be viewed with extreme skepticism and must overcome a heavy burden of justification.

Even if French is right about the Christian view of self-defense (though Jesus did have choice words about “turning the other cheek“), it’s a logical fallacy to say this implies anything about restrictions on access to guns. Saying that people have a right to defend themselves if attacked isn’t the same thing as saying they should have a right to possess any conceivable means of defending themselves – presumably, French is fine with banning grenade launchers. The burden, instead, is on French to prove that universal background checks or limitations on assault weapon ownership somehow prevent people from defending themselves; to prove, in other words, that gun regulation is actually a restriction on the right of self-defense proper rather than a crime-prevention statute.
Read more

Health

The Kids Are Not All Right: Senate Hearing Highlights Children’s Mental Health Coverage Gaps

During a wide-ranging hearing on the status of America’s mental health system before a Senate health committee on Thursday, Sen. Al Franken (D-MN) declared his intention to introduce the Mental Health In Schools Act to address issues of mental illnesses among America’s youth. Thursday’s event was the first Senate hearing on mental health care in six years, as the U.S. is currently engaged in a renewed national conversation on gun safety and mental health issues after last month’s tragic shooting at Sandy Hook Elementary School.

Franken explained that his legislation would “allow schools to collaborate with mental health providers, law enforcement, and other community-based organizations to provide expanded access to mental health care for their students” and “support schools in training staff and volunteers to spot warning signs in kids and to refer them to the appropriate services.”

While emphasizing that he didn’t want to inaccurately stigmatize most Americans with mental illnesses as being predisposed to violence, the senator questioned the director of the National Institute of Mental Health, Dr. Thomas Insel, about the correlation between untreated mental problems in American youth and subsequent violent behavior:

FRANKEN: If mental health issues go untreated, does that increase the chance that someone within a subset, a certain subset of a type of mental illness, will become more violent, Dr. Insel, or will be higher chance that they might become violent?

INSEL: So, Sen. Franken, within that narrow band of the people we’re talking about — which is a small, small segment of the population of people with a mental illness — but those, for instance, who have what we call ‘first episode psychosis’ — we know that the duration of untreated psychosis is related, in fact, to the risk for having a violent act. That’s been studied quite carefully and there’s a real correlation there, so closing that gap is one of the things we can do to increase safety.

FRANKEN: So since, in a sense since Newtown did prompt this, in that very narrow — and that was one of a number of horrific occurrences where I think that no one would question that in Tucson, in Newtown, that we’re talking about someone who’s deranged — that had that person been diagnosed, say, in school and had been able to get some kind of treatment, that there is some kind of connection between making sure that we’re identifying and treating children early on with the tragedy that brought us here?

INSEL: …The published data are quite clear. The difference between severely violent acts like homicide between those who are untreated and those who are treated is fifteen fold. So you drop the risk fifteen fold with treatment. So it’s vital – it’s absolutely vital – that we detect earlier and intervene earlier with something that’s effective.

While the public education system serves as American children’s primary resource for accessing mental health care, only one in five American children in need of treatment actually receives it. This is particularly problematic considering that half of all lifetime mental disorder cases set in by the age of 14.

But if the last several weeks are any indication, lawmakers seem to have woken up to the fact that the current trend is unsustainable. Franken’s proposal for expanding the public school system’s mental health safety net would work in conjunction with President Obama’s Project AWARE initiative to provide similar support and training to schools and other community-based organizations.

Justice

Maine Lawmaker Proposes Arming Teachers

There have already been five school shootings since the tragedy at Sandy Hook Elementary, including the shooting yesterday at the Texas Lone Star Community College campus. Lawmakers’ reactions have varied from passing gun violence prevention measures to adopting the National Rifle Association-led initiative to eliminate gun-free zones in schools.

Now, Maine Sen. David Burns (R) is proposing legislation to allow teachers and other school officials to carry concealed weapons, after taking a training course and psychological exam. Burns’ proposal follows other bills popping up around the country to turn teachers into gun carriers, and even one South Carolina bill that would create a gun class for high school students.

These initiatives will inevitably lead to more harm than safer schools, like an armed guard leaving his gun in a student bathroom. Turning teachers into armed citizens is also exactly the opposite of what most Americans want in the wake of Newtown, according to an AP-GfK poll showing 58 percent Americans want stricter anti-gun violence laws.

Justice

Armed School Guard Leaves Gun In Student Bathroom

A gun was left in the bathroom of a Michigan public school by an armed guard paid to protect it, according to the school’s director. The Chatfield School, a charter school that teaches K-8 students, hired a retired police weapons instructor to provide armed protection after the massacre at Sandy Hook Elementary. The result wasn’t exactly what they intended:

The security officer “made a breach in security protocol” and left an unloaded weapon in a restroom “for a few moments,” said Chatfield School Director Matt Young.

Young said the school has been in contact with local authorities about the matter and wouldn’t discuss any possible repercussion for the officer, calling it “a personnel matter.” Young also declined to name the security officer.

Experts on gun violence believe that armed guards are unlikely to deter or head off school shootings. Guards also have a track record of abusing students, often in a racially discriminatory fashion.

Politics

10 States Take Action To Prevent Gun Violence

One month after Sandy Hook Elementary School massacre prompted a national debate about preventing gun violence, state lawmakers have indicated they will push gun violence prevention measures, such as universal background checks, limiting high-capacity ammunition, and banning assault weapons. Right now, the vast majority of states have no laws on many of these issues.

While the country anticipates Vice President Joe Biden’s taskforce recommendations, Congress and many states have already pushed for some practical reforms:

New York: The state will be the first to enact tougher laws. It expects to vote on the package on Monday, which expands New York’s ban on assault weapons, limits magazines to seven bullets, and requires background checks for private gun sales.

Massachusetts: Governor Deval Patrick will seek tougher gun restrictions this session, such as limiting gun purchases to one per month and enhancing background screening.

Maryland: Gov. Martin O’Malley plans “to propose limits on assault weapons and high- capacity magazines, as well as tougher licensing requirements for handguns.”

Illinois: There are proposals to ban assault weapons, after a similar measure died last year due opposition from the NRA.

Colorado: Gov. John Hickenlooper used his state address to call for background checks on private gun sales, currently exempt through the “gunshow loophole.”

Arizona: In the Republican-controlled Arizona legislature, Democrats unveiled a plan for universal background checks.

Delaware: Lawmakers are seeking background checks on private gun sales, a ban on assault weapons and high-capacity ammunition clips.

Oregon: State Sen. Ginny Burdick (D) is backing bills that would ban or limit assault rifles and and expand background checks.

California: State Sen. Leland Yee (D) will reintroduce a bill from last year prohibiting gun owners from outfitting semi-automatic weapons with devices that allow them to shoot more rounds.

Florida: Florida has a new bill introduced by the Democratic House minority that gives local governments authority to ban concealed weapons from public events.

In Congress, lawmakers have already introduced eight smart bills on gun safety.

The debate has also galvanized gun groups from extreme quarters, notably the National Rifle Association. Elsewhere, Republican lawmakers in South Carolina, Indiana, Texas have pushed to weaken gun violence prevention in the wake of Sandy Hook.

A new report from the Center for American Progress outlines the 13 steps Congress and the president can take to address gun violence, including background checks on all gun sales and reinstating the assault weapons ban.

NEWS FLASH

NRA Approval Rating Takes A Hit After Press Conference | Americans’ approval of the National Rifle Association has steadily declined since their tone-deaf response to the Sandy Hook Elementary School massacre in December. The gun lobbying group now has a negative favorability rating, down 10 points since the week before CEO Wayne LaPierre’s press conference, during which he called for more guns in schools and blamed media glorification of violence. Just 42 percent of respondents approved of the NRA, while 45 percent now view it unfavorably, according to a new survey by Public Policy Polling. Fifty percent of the public also rejected the NRA’s proposal for more guns in schools, and 64 percent oppose another idea to arm teachers. Gun owners also oppose arming teachers. Only a narrow margin of Republicans support the push for more guns in school, with 39 percent against.

Justice

White House Preparing Broad Push For Gun Violence Reduction

The Obama administration is set to harness the mood of the country in the aftermath of the tragic shooting at Sandy Hook Elementary to enact wide-ranging efforts to reduce gun violence, according to the Washington Post.

Vice-President Joe Biden was named by President Obama in the days after the massacre to head a task force charged with finding ways the government could act to prevent further shootings. What seems to be emerging following discussions between the Departments of Justice, Homeland Security, Health and Human Services and Education is a much broader set of ideas that would seek to clamp down on gun violence throughout the country.

Beyond reinstating the lapsed Assault Weapon Ban and enacting bans on high-capacity ammunition magazines, the White House is reported to be considering instituting universal background checks for gun buyers, boosting mental health checks, putting into place a national database to track the movement and sale of weapons, and locking in harsher penalties for carrying guns in the vicinity of schools.

Faced with a potentially harsh Congress and efforts by pro-gun lobbyists to hamper such moves, the task force is also considering ways to work around those roadblocks:

In addition to potential legislative proposals, Biden’s group has expanded its focus to include measures that would not need congressional approval and could be quickly implemented by executive action, according to interest-group leaders who have discussed options with Biden and key Cabinet secretaries. Possibilities include changes to federal mental-health programs and modernization of gun-tracking efforts by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

In doing so, the administration has made clear that it is willing to take on the National Rifle Association and other special interest groups to reduce the impact of firearms in America. Among the ways the White House is seeking to outflank their opponents, according to the Post story, is by working both by working in tandem with law enforcement officials and in convincing businesses like Walmart of the economic benefit to be had in reform.

Despite a growing coalition willing to take on gun violence, the rumored proposals are already receiving pushback from pro-gun members of both parties as memory of the devastation of Sandy Hook begins to fade. On ABC’s This Week, incoming Sen. Heidi Heitkamp (D-ND) referred to the Washington Post’s reporting to say that the measures seemed “extreme” and would not pass. Likewise, incoming Sen. Ted Cruz (R-TX) indicated that he was of the belief that further gun safety legislation would be “unconstitutional.”

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