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2011-2012 Legislative Testimony

Examples of legislative testimony provided on behalf of NASW-MA during the 2011-2012 legislative session:

  • An Act to Amend the Commonwealth’s Drug Treatment Program to Allow for the Diversion of Low Level Offenders Under Court Supervision H1435
    Rebekah Gewirtz, June 2011
    (READ TESTIMONY)

  • An Act Investing in Our Communities H2553, S1416
    Rebekah Gewirtz, May 2011
    (READ TESTIMONY)

  • An Act Raising the Age of Juvenile Jurisdiction in MA to 18 H450, S64
    Rebekah Gewirtz, June 2011
    (READ TESTIMONY)

  • An Act Relative to Transgender Equal Rights H502, S764
    Dr. Betty Morningstar, June 2011
    (READ TESTIMONY)

  • An Act Removing Barriers to Financial Stability and Asset Development for Low-to-Moderate Income Families S1839
    Rebekah Gewirtz, May 2011
    (READ TESTIMONY)

  • Collateral Services: An Act Relative to the Coordination of Children’s Mental Health Services H1417, S990
    Rebekah Gewirtz, May 2011
    (READ TESTIMONY)

  • Loan Forgiveness for Social Workers: An Act Establishing an Education Loan Repayment Program for Social Workers in Areas of Need H1832
    Dr. Betty Morningstar, May 2011
    (READ TESTIMONY)

  • Payment Reform
    Dr. Betty Morningstar, May 2011
    (READ TESTIMONY)

  • NASW in Opposition to Casino Gambling
    Rebekah Gewirtz, May 2011
    (READ TESTIMONY)

An Act to Amend the Commonwealth’s Drug Treatment Program to Allow for the Diversion of Low Level Offenders Under Court Supervision

June 14, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Mental Health and Substance Abuse

Dear Chairs Keenan and Malia and Honorable Members of the Committee:

Thank you for the opportunity to submit testimony regarding H1435, An Act to Amend the Commonwealth’s Drug Treatment Program to Allow for the Diversion of Low Level Offenders under Court Supervision filed by Representative Marty Walsh. This bill is a priority for NASW-MA Chapter because as many of our members who work in the criminal justice system know first-hand, comprehensive treatment for addiction is critical to recovery and also to reducing recidivism for the growing population of low level, non-violent offenders.

As of 2006, the Department of Corrections reported that correctional facilitates were at 161% of their structural capacity. A major component to this costly overcrowding is the growing population of incarcerated low level, non-violent drug offenders. Currently, there are no programs in place that address the underlying issue of substance abuse in this population. This bill would create an opportunity for the Commonwealth to utilize the expertise of licensed professionals, including licensed social workers, to increase the rate of rehabilitation and decrease the number of low level, non-violent inmates. California has saved $173.3 million dollars annually by implementing a drug diversion program. Similarly, H1435 would save Massachusetts millions of dollars annually through cost effective treatment and by decreasing the population in our already overcrowded prisons.

We are also supportive of provisions in the bill requiring the Bureau of Substance Abuse Services within DPH to inform District Attorneys, Defense Attorneys, Probation Officers and Judges about the treatment services available in their community. Finally, H1435 requires that defendants be monitored by the court through the probation system, through analysis of their progress in treatment, criminal recidivism, and compliance with all terms of probation. Defendants who successfully complete treatment will not have a conviction on their record.

This bill is a matter of common sense. NASW MA Chapter strongly urges you to report it favorably from committee as soon as possible.

An Act Investing in Our Communities

May 5, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Revenue

Dear Chairman Kaufman & Chairwoman Candaras and Honorable Members of the Revenue Committee:

Thank you for the opportunity to submit testimony regarding H 2553/S1416, An Act to Invest in our Communities filed by Representative Jim O’Day and Senator Sonia Chang-Diaz. An Act to Invest in our Communities is a common sense way to ensure that Massachusetts will continue to provide the best public education in the country, maintain our roads and bridges, and amongst other things, provide critical public safety to our residents.

Social workers work with - and in - communities most deeply affected by the recent economic downturn. As a result, we are acutely aware of the importance of the programs that have been slashed during the past several budget cycles. An Act to Invest in our Communities would raise $1.37 billion annually in new revenue to the Commonwealth by introducing more fairness into our tax system. If passed, Massachusetts communities would no longer be forced to choose between hiring police officers to keep our streets safe and keeping enough teachers in our school to educate our children.

An Act to Invest in Our Communities would allow the Commonwealth to preserve many of the programs critical to the safety and well-being of the clients and communities served by social workers and would help ensure continued funding of these programs into the future.

Quite simply, H2553/S990 is economic justice in action. We urge you to support this legislation and report it favorably from the Revenue Committee as soon as possible.

An Act Raising the Age of Juvenile Jurisdiction in MA to 18

June 7, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Children and Families

Dear Chairman Rodrigues and Chair Khan and Honorable Members of the Committee:

Thank you for the opportunity to submit testimony regarding S64, An Act Raising the Age of Juvenile Jurisdiction in Massachusetts to 18 filed by Senator Spilka (and HB450 filed by Rep. Khan). This bill is a priority for NASW MA Chapter because our members working in criminal justice settings are resolute that treating minors as adults is not only detrimental to their prospects for a future productive life, but is also harmful to our communities.

Recent research indicates most 17-year-olds lack adult maturity, particularly with respect to their judgment and impulse control – but, fortunately, most develop better judgment and control as they get older and grow up to be responsible adults. Handling 17-year-olds in the adult criminal system ignores this developmental reality. Additionally, research shows that compared with their counterparts in the juvenile system, young people relegated to the adult criminal system are more likely to reoffend, to reoffend more quickly and to reoffend by committing more serious crimes. Also, when young people are mixed with older and more serious offenders, they are at greater risk for suicide and physical and sexual abuse and once they are released, they are faced with serious barriers to future employment, education, and housing as a result of their adult criminal records.

Our concern is that currently in Massachusetts, all 17-year-olds accused of a crime are automatically treated as adults, regardless of the circumstances or severity of the offense. And as it stands today, more than 5,000 17-year-olds are arrested each year, yet over 90% of these arrests are for non-violent crimes. To be clear, S64/H450 does not change the law mandating that a 17-year-old accused of murder be tried and sentenced in adult court or prevent a 17-year-old accused of other serious crimes from being indicted as a youthful offender and given an adult sentence. This bill simply puts Massachusetts in line with 38 other states and the federal government, which use 18 as the age of adult criminal jurisdiction.

We urge you to report this bill favorable from committee as quickly as possible.

An Act Relative to Transgender Equal Rights

June 8, 2011
From: Betty Morningstar, PhD, LICSW, NASW MA Chapter President
To: Joint Committee on the Judiciary

Dear Chairs O’Flaherty and Creem and Honorable Members of the Committee,

Thank you for this opportunity to testify before you today on the H502/S764, An Act Relative to Transgender Equal Rights. My name is Dr. Betty Morningstar and I am president of the National Association of Social Workers-MA Chapter, a membership association with over 8,300 social work members across the Commonwealth. For over 30 years I have worked in clinical settings with children and adults. I have chaired both the state NASW committee on LGBT issues and the national NASW committee on LGBT issues. I have written, lectured, and taught on topics relevant to the LGBT community, and my therapy clientele has always included LGBT individuals and families.

NASW MA Chapter believes strongly that Massachusetts must join the 15 other states, the District of Columbia and 150 cities and towns have passed transgender equal rights legislation. Indeed, I just learned that in May of this year, both Hawaii and Nevada passed legislation protecting transgender people in public accommodations and in early June of this year Connecticut passed Transgender Equal Rights Legislation. Yet Massachusetts has still failed to take action (with the notable exception of Governor Patrick’s Executive Order, which protects state employees but not private employees and it does not address the issue of hate crimes).

Research and evidence suggests that passing non-discrimination laws increases the health and well-being of transgender people, which is in part why NASW, the American Medical Association and the American Psychological Association have gone on record in support of such protections. According to NASW Social Work Speaks, the policy manual for social workers, "Transgender people encounter difficulties in virtually every aspect of their lives, both in facing the substantial hostility that society associates with those who do not conform to gender norms and in coping with their own feelings of difference… transgender people also experience dismissal from jobs, eviction from housing, and denial of services even by police officers and medical emergency professionals”. (p.342) We are fortunate in the Commonwealth to have a nondiscrimination law in place that protects every other vulnerable group; to include transgender people in the populations covered by the nondiscrimination law is a logical next step.

Social workers know the main obstacle to acceptance of transgender people is "trans-phobia”, the fear of or discomfort with this population. Unfortunately, emotional reactions have often informed social and legal policy. As social workers, we are driven by two major values in our work: One, we believe in the integrity and dignity of all members of our communities. To that end, we work to help our clients distinguish their intra and interpersonal difficulties from the harmful effects of social ostracism and flagrant acts of hostility. Two, we are committed to taking action against social injustice and discrimination in all forms.

Transgender men and women are entitled to the same rights that most people take for granted. That some are fearful and/or contemptuous of transgender people is not a reason to deny them that to which all people are entitled. The myths you have heard about perpetrators in bathrooms or indecency in gyms are just that – myths. They have no basis in fact or reality and, as such, should not be held up as reasons to oppose or stall this law.

While lesbians, gays, and bisexuals in Massachusetts have worked very hard on their own behalf to create safety and acceptance for themselves, one of the most important factors that has helped the LGB community to thrive has been the passage of laws that guarantee their civil rights. Those who spoke vehemently against granting these rights were worried about how equal rights for gays and lesbians would impact the institutions of mainstream society, such as marriage and the nuclear family. Clearly those fears did not materialize. Similarly, as the evidence shows from every other state and municipality that has passed protections for transgender people, life will not be altered for mainstream society when transgender people are guaranteed their civil rights. Indeed, when this bill passes, Massachusetts will have sent a powerful message that we will no longer tolerate discrimination against people because they are different. And we will be able to stand proud that we have reaffirmed every person’s inalienable right to live with dignity and respect.

On behalf of the MA Chapter of NASW, I strongly urge you to pass this legislation. It is a matter of justice.

An Act Removing Barriers to Financial Stability and Asset Development for Low-to-Moderate Income Families

May 3, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Children and Families

Dear Chairs Khan and Rodrigues and members of the Committee,

Thank you for the opportunity to submit testimony on this important issue. S1839, filed by Senator Eldridge is of critical importance to low and moderate income families across the Commonwealth. The bill is the product of thoughtful and sustained discussion on the part of the Asset Development Commission and follows that group’s recommendations by removing state-imposed barriers to asset development for low-income residents of the Commonwealth who receive support through the Department of Transitional Assistance (DTA). As such, S1839 is a priority for the National Association of Social Workers, MA Chapter.

As it stands today, there are significant barriers to asset development making it difficult for families to move from poverty to prosperity. By providing low-income working and unemployed adults expanded access to the education and training necessary to obtain living wage jobs, they will be afford the opportunity to build financial stability. This will improve their lives, the lives of their families, and ultimately, the economy of the Commonwealth.

S1839 will:

  • Increase the TAFDC asset limit to $5,000 from $2,500 so that families may receive assistance without first becoming utterly destitute,

  • Allow TAFDC and EAEDC recipients to own reliable cars to get to work, school, or training by not counting one car per each licensed driver in a household as an asset, Increase the TAFDC work expense deduction, which is intended to cover work-related costs such as transportation, clothing, and payroll deductions, to $250 from the $90 level where it has been since 1988,

  • Treat state educational grants and state or private work study the same as federal payments and not count them as income for EAEDC and TAFDC,

  • Allow TAFDC and EAEDC recipients to save up to $10,000 received from personal injury settlements or other third party sources in an Individual Asset Account to be used for debt reduction, job training, transportation, housing and other expenditures consist with asset development, and

  • Allow TAFDC recipients to use vocational education to meet their work requirements throughout their period of time-limited assistance and to obtain time limit extensions to complete such programs.

We urge you to support this legislation and report it favorably from the committee as quickly as possible.

Collateral Services: An Act Relative to the Coordination of Children’s Mental Health Services

May 10, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Mental Health and Substance Abuse

Dear Chairman Keenan and Chairwoman Malia and Members of the Joint Committee on Mental Health and Substance Abuse:

The National Association of Social Workers, MA Chapter is in support of House Bill 1417/Senate Bill 990, An Act Relative to the Coordination of Children’s Mental Health Care, which establishes reimbursement by private insurers to mental health clinicians including social workers for the provision of collateral services. Collateral services refer to scheduled, in-person or telephonic consultations between a clinician and other individuals in a child’s life (parents, teachers, pediatricians, etc.) who can help the clinician better understand how the child is responding to treatment.

In treating mental illness in an adult, one on one conversation between the patient and the therapist is often sufficient. But coordination of care when treating young people with mental health needs is vital to achieving success since other contacts are necessary to determine the extent of a child’s mental health problems. Indeed, for mental health care for children to be effective the treatment must work in the home, in the classroom, and in conjunction with other health needs. And a child’s response to treatment must be understood from these contexts: how well the child is learning and succeeding in school, with friends and at home.

MassHealth currently reimburses for collateral services. Private insurers do not reimburse for these vital services. This means children who are privately insured receive inferior care to those who are publicly insured. The cost to private insurers to add collateral contacts is minimal. A 2008 report from the Division of Health Care Financing and Policy showed the cost for private insurers is $.05 per member per month or just $.66 a year. Reimbursing clinicians for their work with other important individuals in the child’s life affords higher-quality, effective treatment and better serves all the children of the Commonwealth.

Thank you for the opportunity to submit this testimony. We ask that you favorably report this bill from committee as soon as possible.

Loan Forgiveness for Social Workers: An Act Establishing an Education Loan Repayment Program for Social Workers in Areas of Need

5/11/11
From: Betty Morningstar, PhD, LICSW, NASW MA Chapter President
To: Joint Committee on Higher Education

Chairmen Sannicandro anand Honorable Members of the Joint Committee on Higher Education:

My name is Dr. Betty Morningstar, and d Moore I am the president of the MA Chapter of the National Association of Social Workers (NASW). I appreciate this opportunity to testify before you about the state of the Social Work profession.

By way of background, I have maintained a private psychotherapy practice for almost 30 years and have held teaching appointments at Simmons College School of Social Work in Boston and Smith College School for Social Work in Northampton, MA.

For several years I have chaired our chapter’s Social Work Reinvestment Committee, which is charged with educating students in high schools and colleges about the rich and varied opportunities in the field of social work. While we have been pleased with the level of interest of the students we have been meeting, we are hard put to alleviate their most commonly stated concern, namely the prospect of repaying school loans while working in a very low paying field

Today I am here to express, on behalf of the MA Chapter of NASW, our strong support for House Bill 1832. We all know that in these difficult economic times it will be especially challenging to fund a new program. That is why this program is designed as a pilot, with a limited number of enrollees and a limited timeframe. We believe that the financial output at this juncture will pay off for all of us. Social work intervention improves lives, and when our residents are able to function effectively, we all benefit. Making it possible for social workers to do the jobs that they love and that sustain others who are in need is sound fiscal and social policy.

Social workers perform 60% of outpatient mental health services in the U.S. Other fields of practice include: medical, forensic, and school social work at all grade levels. In addition, social workers work in the areas of aging, hospice, the military and veterans, and child and family protective services. Social workers are also involved in policy, advocacy, research, and community organizing. Imagine a day without social workers.

The economic risk of investing in social work now is far outweighed by the risk of not investing. Social work faces an enormous challenge with respect to changing age demographics in the United States. The crisis that looms is that, even if we are able to maintain the current rate of social workers entering the field, they will soon be outnumbered by social workers who are retiring. Add to that the increase in number and complexity of psychosocial problems that will come with a fast-growing elderly cohort. This is something that we should be worrying about.

At this time there are approximately 15,000 licensed professional social workers in Massachusetts, all of whom engage in considerable academic and clinical training. The Commonwealth is home to a significant number of highly selective MSW and Ph.D. programs.

Perhaps the most important distinction of the social work profession is that we are highly trained and skilled in meeting clients where they are. No other helping profession brings to bear this combination of clinical acumen and a comprehensive understanding of the influences of family, culture, and community, within the larger social and political context. We cannot afford to lose members of this profession.

I am proud to be a social worker and to represent NASW and I urge you to support the loan forgiveness bill. Thank you.

Payment Reform

May 16, 2011
From: Betty Morningstar, PhD, LICSW, NASW MA Chapter President
To: Joint Committee on Health Care Financing

Dear Chairmen Walsh and Moore and Honorable Members of the Committee:

Thank you for the opportunity to testify before you today on the important issue of Payment Reform in the Commonwealth. The National Association of Social Workers, Massachusetts Chapter is a membership organization of over 8,300 professional social workers who practice in a wide variety of settings. NASW-MA supports health care policy that ensures the right to universal access and to a continuum of health and behavioral health care throughout all stages of life. Such care should result in the equitable delivery of services for all people in Massachusetts regardless of socioeconomic status, race, ethnicity, immigration status, disability, religion, age, gender, sexual orientation, gender identity or expression, or geographic location.

In an effort to enhance cost effective, quality patient care, NASW- MA Chapter is in support of moving to an Accountable Care Organization (ACO) model. We know that the ideal model for ACOs is an integrated health delivery system that incorporates behavioral health and social work services with medical care. As such, we applaud the Governor’s inclusion of behavioral health in his legislation. In particular, we support the creation of a 9-member Behavioral Health Task Force that will include representation from NASW. According to the Governor’s legislation, this Task Force will be charged with the important work of reviewing the most effective and appropriate approaches to integrating behavioral health services in the array of services provided by ACOs. In addition, this Task Force will explore how current prevailing reimbursement methods may need to be modified in order to support the goals of the legislation – and from our perspective to support the work of the provider and keep patient choice and needs of patients at the forefront.

An integrated ACO model offers the potential of improving outcomes for patients through essential access to behavioral health treatment and better coordination of care with primary care, specialty physicians and social workers, who are ideally suited as practiced case managers to work with patient centered teams. You will hear more about this from one of our NASW members who plays an integral role in the patient centered medical home at Brigham and Women’s in Foxborough. Additionally, social workers as highly trained clinicians working in private practice, mental health clinics, group practices, and hospitals, are key contributors to effective health care outcomes. As such, as ACOs are piloted, the vital resources private practitioners provide must be protected.

NASW- MA Chapter is also in favor of the following principles:

  1. ACOs must be accessible and available to all.

  2. ACOs must be flexible in supporting patient centered care.

    • Patient choice is imperative if care is to be effective. Therefore, patients must not be limited to ACO-designated clinicians for their behavioral health care.

  3. Because Social Workers represent the largest number of mental health providers in the state and country, social workers must be involved in the design, development and implementation of the ACO system and health care payment reform.

  4. A Social Worker designated by NASW should be on the oversight board that is created with respect to payment reform and ACOs.

  5. Social workers must play an integral part in coordinating health care services within ACOs and in providing therapy to patients in need of professional level clinical services and in the supervision of behavioral health paraprofessionals.

  6. NASW supports the piloting of various models while best practices are being established.

    • We would support pilot projects which include models that utilize a variety of payment options for Behavioral Health Services (i.e. fee for service, global payment, medical home, shared savings, care management fees) to show that ACOs maintain or improve the quality of health care prior to widespread implementation.

NASW MA Chapter stands behind you as you move towards improving care for patients and creating a more integrated health care system. We also urge you to review the statement of principles from the Mental Health Coalition, to which we are a co-signer.

If you have additional questions or concerns, please do not hesitate to be in touch with our office. We would welcome the opportunity to be a resource to the committee with respect to the role of behavioral health as you hash out the details of this important legislation.

NASW Testimony in Opposition to Casino Gambling

May 4, 2011
From: Rebekah Gewirtz, NASW MA Chapter Director of Government Relations and Political Action
To: Joint Committee on Economic Development and Emerging Technologies

Dear Chairs Spilka and Wagner and Honorable Members of the Committee:

Thank you for holding this hearing today and for the opportunity to testify before you on this important issue to the future of the Commonwealth. NASW MA-Chapter, a statewide organization and part of the largest professional association of social workers in the world, is opposed to introducing casino gambling in Massachusetts. We came to this decision after significant study of the costs and benefits and ultimately determined that the social and economic consequences are too high to justify the introduction of this industry to Massachusetts.

First and foremost, we are deeply concerned that government would seek to partner with an industry that is arguably one of the most predatory industries in America today. This is an industry that capitalizes on people’s losses and addiction by harnessing a technology – in the form of slot machines –designed so that people "play to extinction”…until they have nothing left. The term "play to extinction” is an industry term, not a term created by us and it’s a term we have considered quite a bit throughout the course of this long debate. Social workers spend their lives analyzing social problems and the root causes of these problems. Where there is poverty, we ask why? Where there is crime, we ask why? Where there is addiction, we ask how come?

Not only do we seek to understand root causes but our members spend their lives trying to correct these wrongs, with very little fanfare. And today we are once again stepping forward to tell you we know the consequences of pathological gambling. We know from the empirical evidence that casinos will not solve our problems. In every other state and in every other region that has introduced casinos they have led to broken lives and shattered dreams. Casinos lure people in and keep them there by getting them to sit at slot machines, where they sometimes pour their children’s college savings or their own life savings into the machine. When there’s nothing left there are ripple effects throughout a person’s life with consequences on their job, their spouse, their relatives, their children, and their community.

A 1999 National Gambling Impact Study commissioned by the United States Congress documented increases in domestic violence and foreclosures in regions where casinos are introduced. The total cost of regional impacts and social services are not known, but estimated in the multi-millions. For people who live within a 50 mile radius of casinos, at least one out of every twenty becomes a gambling addict leading to personal financial ruin, the breakup of families, domestic violence, and child neglect.

It’s important to note that NASW MA Chapter has always been on the forefront of raising revenue in the commonwealth and advocating side by side with our brothers and sisters in labor for good jobs with fair wages. In 2006, we worked tirelessly on the successful campaign to raise the minimum wage in Massachusetts and two years ago we led the coalition of statewide groups working to close corporate tax loopholes in Massachusetts. When the governor signed that bill into law, the commonwealth started saving $300 million per year. We have also stood by you for difficult revenue votes and have supported efforts you have undertaken to try to balance the budget. This year, we are co-chairing the statewide coalition the Campaign for Our Communities, working to pass An Act to Invest in Our Communities that would raise $1.37 Billion in new revenue in a fair and progressive way.

However, on the issue of expanding gambling we cannot stand with you. We know that casinos will not bring in anywhere near the kind of revenue these other initiatives have raised or would raise and we know the jobs estimates are bloated too. Indeed, a September 2009 report entitled, "For the First Time, a Smaller Jackpot: An Economic, Fiscal, & Social Analysis” commissioned by the Nelson A Rockefellar Institute found that casinos have contributed to not helped states’ fiscal meltdowns. And in addition, the Wall Street Journal notes, "a growing body of research and experience suggests the odds are not stacked in the state’s favor” when it comes to economic development. Even New Jersey, with its 17 casinos, had to shut down its state government due to a budget crisis.

The casino proposal, while laudable for it’s recognition that jobs are essential and revenue is needed, will not solve the problems it seeks to remedy. In fact, we are quite certain this proposal will only exacerbate our existing troubles and create more economic turbulence, more problems for families, and create more addiction than our state can afford to try to remedy.

We also fundamentally believe it is antithetical to the role of government to bank on people losing their money in order for the state to gain. Government is supposed to lift people up, not tear people down. We understand that some argue we already have a lottery here in Massachusetts. But we would contend the lottery isn’t designed so people "play to extinction”. The lottery doesn’t have ergonomically correct seating at slot machines that allow you to play 24 hours a day 7 days a week 365 days a year.

Today we are asking you to be like social workers. We are asking to ask yourself, who pays the price for the money raised at casinos? We all know someone pays. And it’s likely not just one addicted gambler. It’s their family, their children and their community too. As you enter this debate, we hope you will constantly be thinking about who pays. We implore you to reject this proposal.

< BACK TO 2011-2012 LEGISLATIVE AGENDA

6/20/2011

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