NYAPRS Note: Here are some provisions as we currently understand them of the Bipartisan Safeer Communities Act agreement that was reached earlier today. More tomorrow….
With Key Snags Resolved, Senate Is Set For Initial Vote On Gun Deal
Compiled by NYAPRS from various reports Tuesday June 21, 2022
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Senate Democrat and Republicans negotiators reached agreement today on the Bipartisan Safer Communities Act; Senate Majority Leader Chuck Schumer said Tuesday evening he would move quickly to bring up the bill “with an initial procedural vote as soon as tonight.” He added, “following that, we will move to final passage as quickly as possible.”
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While most Republicans are opposed, the announced support of 10 Republicans and expected support of 50 Senate Democrats is expected to allow the bill to clear the Senate. The bill has the backing of both Majority Leader Chuck Schumer and Minority Leader Mitch McConnell. Senators could stay a day or two longer to complete work on the bill, a longer delay has been seen as untenable by senators of both parties.
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Should the legislation pass the Senate, it has the backing of House Speaker Nancy Pelosi (D., Calif.) and President Biden.
Gun Safety Provisions
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crackdown on illegal sales of guns that would require an investigative period to review juvenile and mental-health records for 18- to 21-year-old gun purchasers (the expanded background check for the young buyers could involve a call to a local police department and take up to 10 days if there are areas of concern that authorities need to follow up on.
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require more sellers to conduct background checks
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beef up penalties on gun traffickers
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prohibit romantic partners convicted of domestic violence and not married to their victim from getting firearms (e.g. closing the so-called boyfriend loophole, expanding current law to prohibit dating partners or recent dating partners convicted of domestic violence from purchasing a firearm. Rights for those individuals will be restored after five years if they haven’t been convicted of other violent crime).
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provide $750 million to the 19 states and the District of Columbia that have “red flag” laws that make it easier to temporarily take firearms from people adjudged dangerous, and to other states that have violence prevention programs.
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Red Flag Laws authorize the use of Extreme Risk Protection Order Programs (ERPO), which must include, at a minimum pre-deprivation and post- deprivation due process rights including…the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; heightened evidentiary standards and proof under such programs…to prevent any violation of any constitutional right, including to prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation
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make it a federal crime to engage in straw purchases—the buying of a gun for someone else—or gun trafficking, which is the illegal trading of guns
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Not included: banning assault-type weapons or raising the minimum age for buying them, prohibiting high-capacity magazines and requiring background checks for virtually all gun sales.
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Agreement reached that Hyde Amendment language in the bill will continue to ban federal funding to pay for abortions.
Primary Care Training Including Pediatric Mental Health Training
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$60,000,000 to provide mental and behavioral health care training as part of the training of pediatricians and other primary care clinicians who plan to provide care for pediatric populations and other vulnerable populations, such as victims of abuse or trauma, and individuals with mental health or substance use disorders:
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$80,000,000 for pediatric mental health care access in equal amounts for each of fiscal years 2022 through 2025;
State Crisis Intervention Programs
Implementation of State crisis intervention court proceedings and related programs or initiatives, including but not limited to—
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mental health courts
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drug courts
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veterans’ courts
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$40,000,000 for the National Child Traumatic Stress Network.
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$120,000,000 for Mental Health Awareness Training; and
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$150,000,000 for the National Suicide Prevention Lifeline for fiscal year 2022.
A Broader Network Of Certified Community Behavioral Health Centers
Broader Access to Medicaid Telehealth Provisions that Must Include Identification of:
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Strategies for integrating telehealth services into value-based care models.
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Strategies to promote the delivery of accessible and culturally competent care via telehealth, including addressing the needs of individuals with disabilities, medically underserved urban and rural communities, racial and ethnic minorities such as American Indians and Alaska Natives, individuals with limited English proficiency, and individuals of different age groups including children, young adults, and seniors;
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Strategies for training and providing resources to providers and patients on the use of telehealth, including working with interpreters to furnish health services and providing resources in multiple languages.
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Integrating the use of existing video platforms that enable multi-person video calls.
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Best practices to support the delivery of covered services under Medicaid and CHIP via telehealth in schools, including specifically for the provision of mental health and substance use disorder services in such settings.
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Strategies for evaluating how the delivery of health services via telehealth affects quality, outcomes, and cost under Medicaid and CHIP.
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Best practices for conveying information to beneficiaries regarding the availability of telehealth as an option to receive services covered under Medicaid and CHIP, including the availability of audio-only telehealth, the ability to receive such services from a patient’s home, and requirements related to in-person visits.