[Timothy's Team] A Sad Year for Timothy's Law

[Michael Seereiter]

As the Senate and Assembly are feverishly wrapping up the loose ends on a
variety of issues before they leave Albany for the summer (possibly to
return at some later date in the year), Timothy's Law supporters are
disappointed that our bill, that would prevent tragedies like Timothy's from
happening to others, is not amongst those issues being ironed out.  While
there was a valiant effort put forth by members of the Timothy's Law
Campaign and supporters from throughout the state in the last few days of
session, our goal was not realized, leaving millions of New Yorkers without
the mental health and addiction coverage they deserve.

This last week of the Legislative Session proved to be quite a roller
coaster of progress and emotions for those present at the Capitol..  There
were extreme highs when it looked as though some version of parity
legislation would become a reality and other times when that reality stung
us.  The last minute rush all began late Friday when Assemblymember Paul
Tonko made a phone call to Senator Tom Libous.  Assemblymember Tonko's phone
call prompted a visit to the Assembly chamber by Senator Libous, which
resulted in a productive conversation between the two legislators where both
expressed their desire to get something done for individuals living with
mental health and addiction disorders.

As Monday became Tuesday, and Tuesday became Wednesday, members of the
Timothy's Law Campaign, under the leadership of the NYS Psychiatric
Association's representatives, Richard Gallo and Karin Moran, entered into
intense negotiations with Senator Libous and members of the Senate Majority
Leader's staff.  The efforts on the part of all of these parties to reach
some sort of agreement that would be worthy of bearing Timothy's name was
impressive and noteworthy.  Significant chunks of 14+ hour days were
dedicated to this effort, but unfortunately met with no success.

In the Assembly, there were no discussions or negotiations in an effort to
find common ground with the Senate.  On Monday, the bill that the Assembly
has passed for a number of years, and that the Senate has refused to pass,
A.2912, passed the Assembly once again, by a vote of 130-10 (Bacalles,
Barclay, Barraga, Crouch, Fitzpatrick, Kolb, Nesbitt, Oaks, O'Mara,
Schimminger voted 'no').  Knowing how strongly Assemblymember Tonko and
other members of the Assembly believe in the concept behind Timothy's Law,
we look forward to working with both sides later this year (if the
Legislature returns) to negotiate a bill worthy of bearing Timothy's name.

 

WHAT'S THIS ALL ABOUT?

The dynamic at hand that has delayed the passage of Timothy's Law for the
past several years is in the fact that there are two diametrical
philosophical beliefs held by the respective Majority parties in each house
of the NYS Legislature with regard to insurance coverage as it relates to
small businesses.  

In the Assembly, there is a deeply rooted belief that benefits or
enhancement should be available and cover everyone, and should not be made
available exclusively to one subset of people.  With Timothy's Law, the
Assembly's Democratic Majority holds firm to a belief that providing the
employees of larger employers (50+ employees) with enhanced mental health
and addiction benefits without providing the same benefit to the employees
of large employers is simply discrimination.  So far, they have been
unwilling to pass a version of Timothy's Law that does not cover the
employees of small employers equally to the employees of large employers.  

In the Senate, the Republican Majority in that house believes just as
strongly that small employers (less than 50 employees) are not capable of
absorbing the cost increase associated with any additional mental health and
addiction benefit.  Their concerns lie with the impact that an onerous cost
associated with a mental health and addiction benefit enhancement could have
on the ability of those business owners to continue to afford health
insurance for their employees.  So far, they have been unwilling to pass
legislation that they believe will negatively impact small businesses and
their ability to continue to provide health insurance to their employees.

Who's right?  The truth is that there are legitimate concerns and points
that both parties hold.  

In the mean time, as the politicking and posturing continues, there is a
little girl in Western New York who recently ran out of inpatient benefits
and a man here in the Capital District who took his own life on Tuesday.
Could they have been helped if insurance restrictions on mental health and
addiction services had been lifted?  The answer is a resounding 'YES', but
still we have no law.

 

Thanks to everyone who called, wrote and e-mailed their legislators every
day in this last week of session.  While we were unsuccessful in getting
Timothy's Law passed this year, your efforts got us closer to passage of
Timothy's Law than we've ever been before.  

You are encouraged to weigh in with your elected representatives to express
your disappointment that Timothy's Law did not become reality this year.

Stay tuned for future Timothy's Team e-mail updates and visit the Timothy's
Law website at  <http://www.timothyslaw.org> www.timothyslaw.org for the
latest on the effort to enact mental health and addiction services insurance
parity.  Continuing to work together, we will succeed in ending this
discrimination.

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