Legislative Updates

February 26, 2019

HF1387 Any Willing Provider. Why Should I Care? What Can I Do?

You may be interested in supporting a bill that has been introduced in the Minnesota House of Representatives. It would require payers to allow any mental health professional who wants to be in a network to join as long as they meet credentialing and are willing to accept the terms of the contract. Interested?

The bill, House File 1387, would require payers to allow into their networks “Any Willing Provider” who meets credentialing and agrees to the contract. This bill is being brought forth by the Mental Health Legislative Network and is spearheaded by the National Alliance for Mental Illness-Minnesota (NAMI-MN). They have chosen to work on this bill because, from an advocacy standpoint, they are repeatedly hearing that clients are unable to find mental health professionals who are in network with openings to provide care. MPA frequently hears from psychologists that they have difficulty being accepted into networks because they are told the payer already has plenty of providers. Clients tell us that we do not have enough providers in networks. It is wonderful that NAMI-MN is directing this work as it is more likely to have an impact on legislators. The bill has a limit of four years for this “Any Willing Provider” legislation to run before it would sunset. This provision is likely to make the bill less troublesome for payers.

This bill has an uphill climb and is likely to be strongly opposed by the insurance companies. Their rationales will likely be that there are sufficient numbers of providers and that it would be too costly to credential all mental health professionals who wished to be in network. They may also claim that there will be an increase in services. That is probably true, but isn’t that a good thing—that more people are getting the services they need?

Because of the large potential benefit and the likely challenge this bill will face, we need your help to advocate with your legislators. Please call your house member (it has not been introduced in the Senate as yet). You can find out who represents you here: https://www.gis.leg.mn/iMaps/districts/

Here’s some suggested language you might use in a call or email to your Representative:

Dear Representative ____________:

I am contacting you to ask that you support HF1387. My name is __________ and I am a psychologist and your constituent. This bill would require that any licensed mental health professional could be a part of any insurance network, if they meet credentialing criteria and are willing to accept the terms of the contract with the insurance company. Minnesota has critical access issues to mental health services and this bill would mean that more providers would be available to care for individuals.

As providers, we are frequently shut out of networks and then are unable to provide desperately needed services to the individuals who contact us. It is imperative that Minnesota make use of all of its professional mental health workforce. The bill sunsets after four years, with the hope that by then provider panels will be adequate. Please take a step to support the increased availability of mental health services for the citizens of Minnesota. Thank you for your attention to this important issue.

February 14, 2019

MPA Testifies in Support of Bill, HF12, Restricting the use of Conversion Therapy

On February 13, 2019, Dr. Margaret Charmoli testified on behalf of the Minnesota Psychological Association (MPA), to the Minnesota House Health and Human Services Policy Committee in support of a bill, HF12, that would restrict the use of conversion therapy. 
Click here to read the full press release. Watch Dr. Margaret Charmoli's testimony in the video below. This is MPA at work for you!

3/13/19 Update: The House of Representatives Commerce Committee passed the conversion therapy ban bill on to the next level. Thank you to Dr. Charmoli for her testimony at the recent hearing.

Dr. Charmoli's testimony	Dr. Charmoli's Q&A segment

February 4, 2019

Provider Tax

Please watch this video about the Provider Tax. We need you to contact legislators to get our message out. Find your legislator here. Thanks in advance.

January 22, 2019

Add Your Name to the List!

MPA is supporting the Mental Health Protections Act. If you would like to sign on to a letter to legislators, you can do so by sending your name to Cat at [email protected]. The bill (HF12/SF83) protects the mental health of LGBTQ adolescents and adults from therapies aimed at sexual orientation change. Such therapies have been found to be ineffective at changing sexual orientation or gender identity. Not only are they ineffective, they have been shown to be damaging to the mental health of the individuals who are often coerced into participation. You can also support the bill by contacting your legislator to let them know you support the bill. To find out who represents you, click here.

Sample language to your legislators might include:

I am a psychologist and your constituent. I am contacting you to ask you to support the Mental Health Protections Act (HF12/SF83). This bill protects LGBTQ adolescents and adults from sexual orientation change therapies. Research has demonstrated that these therapies are not effective and can be damaging to individuals’ mental health. Please support this important bill.

Call your legislators! Change the Provider Tax!

MPA needs your help in communicating to your legislators about what is to become of the provider tax. It’s important to know a few things about the provider tax. While providers send in the money, it is actually a tax on claims expenditures that the insurance companies pay. It is passed through to providers. It is not our money, even though we make the payments. It was arranged this way in order to capture funds from self-insured plans. You should know that 49 states have a provider tax.

The provider tax is supposed to sunset at the end of this year. The tax brings in $1.5 billion dollars per biennium. It supports key safety net programs such as MinnesotaCare, Medical Assistance, SHIP, and some specific mental health funding.

There are basically three options: continue the provider tax as is, make some changes to reduce the administrative burden on providers, or do nothing and have these important safety net programs go away. Many legislators intend on just repealing the sunset of the provider tax. This leaves psychologists holding the bag for bookkeeping, making quarterly payments and being at risk of a costly audit.

A different strategy is in the works that we would like you to inform your state legislators about. It is a plan called the “claims expenditure assessment.” What it would do is have insurance companies simply pay the funds directly to the state, avoiding psychologists having to do the onerous book keeping, payments, and risking an audit. If it truly is paid by the insurance companies, let them pay it directly. It would reduce the administrative burden for both providers and the state. The claims expenditure assessment approach would take providers out of the middle, and reduce our headaches. Either way our payment will be the same—if we send the tax, or if insurers pay it directly. The reason that the state has done this complicated pass through system is to capture additional money from ERISA or self-insured plans. At least one other state, Michigan, is using this approach of getting the funds directly from the insurers, and they have been able to collect the funds from self-insured programs. It was tested in court in Michigan, even going to the Appeals Court, and it was found not to infringe on these ERISA plans. This was appealed to the Supreme Court, and it was turned down, so it is settled law.

We ask that you call or email your legislator with the following message:

To find out who represents you, click here.

Dear Representative/Senator:

I am a psychologist and one of your constituents. I’m contacting you to ask that you support the claims expenditure assessment approach to dealing with the provider tax. Please take providers out of the middle of this cumbersome process. Another state (Michigan) has taken this approach and been successful in obtaining the assessment from all commercial payers, including the ERISA self-insured plans. It may be tempting to simply repeal the sunset of the provider tax, but that leaves providers stuck with an administrative burden. If you have questions about this, feel free to contact our state association, the Minnesota Psychological Association, at [email protected]. Thanks for all of your efforts on behalf of your community.

Click here to view archived 2018 MPA Legislative Updates

Click here to view archived 2017 MPA Legislative Updates