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Committee hears bill to bar denying mental health services to people with intellectual and developmental disabilities
Summary
Senate Bill 729, presented in the Human Services Committee, would expand a current prohibition and clarify that public bodies and providers cannot deny mental health services to people with intellectual and developmental disabilities of any age; advocates urged passage and asked for state enforcement and education.
Senate Bill 729 was the subject of a public hearing Feb. 11 before the Oregon Senate Committee on Human Services. The measure would expand an existing prohibition and clarify that individuals with intellectual and developmental disabilities (IDD) of any age cannot be denied access to mental health services.
Matt (presenter) told the committee the bill “expands a prohibition against denying access to mental health services to individuals who are up to age 21 with intellectual and developmental disabilities to include all public bodies and individuals of all ages.” Jasper Smith, who testified for Benton County Developmental Diversity Program, urged support and said federal protections have not ended the practice. “There is nothing that needs to be done to prepare for this legislation. We should already be doing it,” Smith said, adding that clinicians sometimes wrongly assume people with IDD cannot benefit from treatment.
Several committee members questioned enforcement and the added value of state law when federal nondiscrimination statutes exist. Senator Pruzanski asked what would be gained by a state law; Jasper Smith replied the state law would provide a specific reference people could point to when they experience discrimination and could support legal challenges.
Ruth Geisinger, a person with lived experience, told the committee she had been turned away from emergency treatment and had trouble accessing a psychiatrist after a provider change. “I went to emergency room, and they told me that I need some help with my mental illness. And they turned around and decided we can't help you because our hands are tied,” she testified.
Katie Rose, executive director of Oregon Community Brokerages, spoke for provider brokerages that coordinate care for thousands of adults with IDD. She said some clinicians mistakenly believe they need special qualifications to treat people with IDD and asked that practitioners be given the chance to provide services. “By making it clear that there's an imperative to serve people with intellectual and developmental disabilities who are seeking mental health services, Senate Bill 729 opens the door for learning and discovery for both the patients and the practitioners,” Rose said.
Sponsor remarks during the hearing noted that passage of the bill alone will not ensure compliance and that education and enforcement by the Oregon Health Authority would be necessary to change practices. The committee closed the public hearing; no vote was taken at the hearing.
