Originally published: . Volume 4, No. 9. Source pages: 5.
Reported Favorably, with Amendments
HS 281 “… establishes the behavioral health services provider license for providers of mental health services, substance abuse/addiction treatment services, or a combination of such services.” And, “… law requires all behavioral health services providers to be licensed.” The bill passed out of committee on April 30 with a favorable report. This came after some discussion about its potential impact on already licensed mental health providers, and the addition of several amendments aimed to clarify some of the confusion about the measure’s impact.
Based on several reports and from Tuesday’s testimony from Assistant Secretary of the Office of Behavioral Health, Dr. Tony Speier, the bill’s author Senator Simon, and general council from Department of Health and Hospitals, the origin of the measure was to simply update the license method for mental health and substance abuse treatment facilities. The step was described as needed in order to better integrate the two types of services, which currently require two separate licenses.
However, due to the convoluted way the bill is written, which includes all behavioral health service providers, both facilities and individuals, then turning around and exempting those that are listed in the bill, the writing led to confusion and concerns among many in the mental health community.
Dr. Robert Storer, a member of the Louisiana Psychological Association Legislative Committee, said there had been concerns about HB 281. “It looked like it was going to require a new license for things that we are already licensed to provide,” he said, “as well as providing for criminal penalties for individuals who did not get the new license.”
Debra Fernandez, MSW, LCSW, Legislative Chair from Louisiana Association of Clinical Social Workers, said, “Our lobbyist is working with the NASW lobbyist to address HB 281, because there are some concerns about whether or not this would require licensed professionals to seek a second designation, a second type of license, in order to continue doing psychotherapy, which we are opposed to.”
Cindy Nardini, Legislative Chair for Louisiana Counseling Association, also noted concerns about the bill. “It is supposedly going to include facilities, but they have the word ‘person’ in the language.”
During the Committee meeting on Tuesday, Senator Harvard asked, “Can we take ‘person’ out? Individual?” The DHH General Council said, “If we take ‘person’ out of this, then you could have a person providing services who is unregulated.”
Dr. Robert Storer, regarding his conversations with DHH representatives, “… we asked them why they included language for individuals. They said it was to address care provided by those in home health and aftercare.”
At Tuesday’s House Health and Welfare committee meeting, members voiced related concerns about the provision in the bill that requires facilities but also individuals to have a $50,000 line of credit in order to operate. DHH General Council explained the requirement as, “This is more of the facility license.”
But an amendment was put forth to delete the requirement for the $50,000 line of credit. However, the amendment failed to pass in a close, 6 to 7 vote.
Another concern is the creation of a new term, Licensed Mental Health Services Provider. “There is a lot of confusion about this bill,” said Cindy Nardini. “DHH is trying to define a term, behavior health service providers. That term does not exist now.”
Prior to Tuesday’s committee meeting, Nardini said, “The representatives from DHH did a good job of explaining the reasons for the bill, but again, there just are too many areas that are confusing. We’re sending out a memo to our members to oppose it, not an all out, full- fledged attack. But we are not for this.”
Storer noted, "The language is still overly broad and easily confused I think, but these changes [the amendments] should protect the interests of psychologists,” referring to clarifications discussed prior to Tuesday’s committee meeting.
Dr. Alicia Pellegrin said, “There is no telling the unintended consequences of that bill the way it is written.”
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