Proposed social work regulation challenged by Governor's Office of Regulatory Reform

By Gerald Beallor, Co-chair, Health Care Policy & Practice Network
(1996)

On the eve of the anticipated vote of the State's Hospital Review and Planning Council on the regulation that would require professional social workers to oversee delivery of social work services in hospitals, the Governor's Office of Regulatory Reform (GORR) has effectively prevented the State Health Department from bringing the regulation before the Council. In a move that betrays an abuse of Executive power, GORR has challenged the proposed rule already reviewed by the Codes Committee and referred to the Council with a recommendation for passage. As a result of this move, the existing regulation requiring that there be a department of social work directed by a qualified medical social worker in urban hospitals is still in effect, for the present.

The head of GORR, Robert L. King, chose to wait until the last moment to inform Health Commissioner Barbara DeBuono of his conclusion that the regulation does not meet the criteria of Executive Order No. 20. The Governor promulgated the order last December.

The requirement for a fully qualified professional social worker who possesses a masters degree from an acceptable program of social work education is questioned in Mr. King's letter to the Commissioner of Health. According to Mr. King, the requirement is not adequately analyzed regarding the benefits, impacts and costs, of such a change. In the material prepared for and published in the New York State Register, the Commissioner has provided a strong basis for the professional requirement. Chapter leadership sees the GORR action as an ideological attack on the employment of professionals in patient care operations.

Members of the legislature concerned with regulatory matters feel that this is another violation of the State Administrative Procedures Act. Governor Pataki is seen as seeking to impose his ideology about government on government operations. The Governor seeks to minimize the protections of government on behalf of people and to use the government for the benefit of business. The action his office has taken is a frontal attack on professional social work, and what appears to be an opening slavo in a war against all professions. Professional judgement is devalued as part of giving managers the flexibility of assigning duties without regard to professional education. In the process of "re-engineering" now underway in many hospitals, departments are merged, middle management is reduced, and professionals are replaced by others trained to use rule governed actions. There is potential for great negative impact on patient care. Professional social work has become the first target of the "GORR revolution". The New York City and State Chapters of NASW will work with their coalition partners to develop a campaign to defeat this new action by the Governor. NASW will also work with members of the NYS legislature and other professional organizations to stop this latest abuse of executive power. Members will be informed as soon as possible regarding actions needed to defeat this betrayal of our efforts and trust in government processes.

Return to Managed Care  | Return to Main Home Page