From mseereiter at mhanys.org Thu Feb 24 12:23:29 2005 From: mseereiter at mhanys.org (Michael Seereiter) Date: Thu, 24 Feb 2005 09:23:29 -0800 Subject: [Timothy's Team] Timothy's Law in 2005! Message-ID: Now nearly two months into 2005, the Legislature is back in Albany dealing primarily with issues related to the release of Governor Pataki?s 2005-06 Executive Budget Proposal. Yet, through all of the excitement surrounding the budget and all of the issues tied to it, it is clear that Timothy?s Law is very much alive and well, still among the top issues before the Legislature. Just as a quick recap of last year, we surely all remember the disappointment we felt when, at the end of the 2004 Regular Legislative Session in June, negotiations between the Senate and Assembly broke down and we were left without a law. The Assembly passed Timothy?s Law and the Senate passed their version of parity that failed to provide coverage for those with addiction needs, diagnoses other than a specific few, and the millions of people employed by small businesses in New York. However, to put it all in perspective, the issue of mental health and addiction treatment insurance parity has made more progress in the past two years than ever before! Remember that last year included, for the first time ever, passage of any form of mental health parity legislation in the NYS Senate. It is a credit to your efforts that people throughout the state consider Timothy?s Law one of the most prominent pieces of legislation left outstanding by the NYS Legislature last year. As long as your efforts continue, we will have the momentum that will hopefully carry us through to enactment of Timothy?s Law this year! Three weeks ago, two different versions of parity legislation were once again introduced in the Assembly and Senate, respectively. As he has done over the past two years, Assemblymember Paul Tonko introduced Timothy?s Law (A.2912), which the Assembly has now passed for a number of years, and that Timothy?s Law advocates have consistently supported. And in the Senate, Senator Thomas Libous has introduced the same mental health parity bill that the Senate passed last year (S.1672), that unfortunately falls short of bearing Timothy?s name. We now find ourselves with two, of what are commonly referred to as, one-house bills. The Assembly has introduced their bill, and the Senate has introduced their bill, but the same bill has not been introduced in both houses. And as we all know, the same bill must pass both houses of the legislature in order to make it to the Governor?s desk for consideration. In order to achieve that, the Senate and Assembly must sit down and negotiate the strongest parity law possible for the residents of New York State. With all of the public support that you have generated and continue to generate, the time is ripe this year to craft a law that will provide millions of New Yorkers mental health and addiction needs coverage equal to that of physical coverage in insurance plans. This year, there are other causes for concern related to our efforts to end discriminatory insurance policies found in Governor Pataki?s 2005-06 Executive Budget Proposal, as it relates to the Family Health Plus program. Family Health Plus provides access to comprehensive health coverage for eligible low-income adults who do not have insurance through their employers yet whose incomes disqualify them for other publicly financed health programs. The Governor recommends ?making the benefit package consistent with that offered through Healthy New York,? effectively eliminating all coverage for mental health services currently provided under Family Health Plus. This represents a major step backwards in our efforts to end insurance discrimination against individuals living with mental health needs, and we all need to weigh in with our representatives and the Governor to let them know that such changes are simply unacceptable. As we move into the heart of the 2005 Legislative Session, we need your help to make sure Timothy?s Law remains at the top of the priority list in Albany. We?ve already gotten a great editorial from the Syracuse Post-Standard, endorsing Timothy?s Law, which follows below. To keep Timothy?s Law moving forward, we must all weigh in with our legislators to let them know that discrimination in insurance coverage for those with mental health and addiction needs is simply unacceptable. Tell them that we want Timothy?s Law to become just that ? a law ? this year! Call, write, or e-mail your legislator today. If you?re not sure who your legislator is, go to http://map01.elections.state.ny.us/boe/main.asp. You can then go to the Senate and Assembly websites, www.senate.state.ny.us and www.assembly.state.ny.us, respectively, to find out how to contact your representatives. And as always, keep in mind that Timothy's Law wouldn't be what it is today without you. To continue to grow our movement, please consider forwarding this message on to a friend and suggesting that they sign up for Timothy's Team updates at http://mail.kilakwa.net/mailman/listinfo/timothysteam_kilakwa.net. Thanks for all your continued support and hard work!! Hope you enjoy the Syracuse Post-Standard editorial below. A Case for Parity Syracuse Post-Standard January 10, 2005 One day in the not-so-distant future, New York state will wonder why it kept its head in the sand so long about mental illness. The state has yet to pass "Timothy's Law," which would require insurance companies to cover mental illness and chemical dependency the same way they cover physical infirmities. Unfortunately, some of the arguments against the law suggest that it is acceptable to withhold or ration care for the mentally ill. Timothy's Law is named after Timothy O'Clair, whose father, Tom, worked for the state Thruway Authority. Tom's insurance limited the services his son could receive for his erratic behavior and moods - 20 visits per year, one month in a facility. His parents gave up parental rights to Timothy so he could become a ward of the state and receive Medicaid, which ironically covers more mental health services than some private insurance. Their efforts came too late. Timothy hanged himself in 2000, a few months before his 13th birthday. The majority of the Legislature once supported Timothy's Law, but Senate Majority Leader Joseph Bruno and other lawmakers were concerned that the cost of providing equal coverage for mental health illnesses would hurt small businesses or force them to drop coverage altogether. But the state Mental Health Association points to a Price Waterhouse study that found the average New Yorker would pay just $1.26 per month - or $15 more per year. The agency says that four states with the same kind of coverage and 30 states with similar coverage have not adversely affected small businesses. The Assembly passed Timothy's Law last session with a $120 million tax credit meant to cushion small businesses. The Senate came up with its version of the law, which O'Clair called so "sub-substandard" that he would not allow his son's name to be attached to it. It would cover only certain mental illnesses, exempt many small businesses and would not cover chemical dependency. At the very least, the Senate has an obligation to document its contention that businesses may close or the ranks of the uninsured will increase if Timothy's Law is passed. But, in truth, an argument about money suggests that mental illness is not a legitimate health-care issue, but a candidate for "optional coverage." Such thinking continues the stigma attached to illnesses of the brain. Says Tom O'Clair, "The lack of parity cost my family Timothy. Tell me to my face that you can put a price on that." You can't. You shouldn't.