From mseereiter at mhanys.org Fri Dec 8 16:16:02 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Fri, 8 Dec 2006 16:16:02 -0500 Subject: [Timothy's Team] Timothy's Team Update Message-ID: <000e01c71b0e$115f5160$4401a8c0@MHA> TOM O'CLAIR INVITES TIMOTHY'S LAW SUPPORTERS TO JOIN HIM IN ALBANY ON DECEMBER 13TH FOR EXPECTED PASSAGE OF TIMOTHY'S LAW IN NYS ASSEMBLY: As Timothy's Law advocates had been hoping, it appears that the NYS Assembly will indeed take up the agreed upon version of Timothy's Law when it returns to Albany for a "Special Session" called by Governor Pataki on December 13th. Obviously very excited about this development, Tom O'Clair (Timothy's father) is planning to be at the Capitol that day. As previous versions of Timothy's Law have passed the Assembly by wide margins in the past, this version is also expected to pass as well, paving the way for the bill to be delivered to Governor Pataki for his consideration by the end of the year before he leaves office. In addition to joining Tom at the Capitol on December 13th, everyone is urged to contact Governor Pataki to urge his approval of Timothy's Law when it arrives at his desk. You can contact the Governor by: Calling: (518) 474-1041. Leave a message asking the Governor to sign Timothy's Law. Writing: Governor George E. Pataki State Capitol Albany, NY 12224 E-mailing: Go to http://161.11.121.121/govemail. IN THE NEWS: Pass this into law State Assembly needs to follow lead of Senate and approve Timothy's Law. Elmira Star-Gazette Editorial November 17, 2006 Old prejudices die hard. So it is with the compromise version of Timothy's Law that passed through a special session of the New York State Senate early this year. The Assembly has not yet considered the measure, but there's time -- and no good reason not to act. For those who have lost track of the many legislative initiatives named after victims, this law is named after 12-year-old Timothy O'Clair, a Schenectady boy who committed suicide after his parents fought for years to get him adequate mental health care. The family's insurance coverage was limited, and the last-minute desperate attempt to get Timothy care by relinquishing custody to the state proved too late. No family -- no one -- should find themselves in such a position or have to make such a choice. But years of negative stereotypes about mental illness still cling to us, and insurance companies less than eager to weaken profits have been reluctant to alter that norm. If a person is diagnosed with a heart ailment rooted in a physical imperfection in that organ, treatment is generally undertaken and continues until full recovery or a long-term maintenance plan is set. Insurance companies follow all the way along. If someone is diagnosed with bipolar disorder, an ailment rooted in a physical imperfection in the brain, treatment is too often refused or limited, regardless of the health impact of that policy. Old notions that mental health issues are a defect in character, rather than a flaw in brain function, have long buried that health care disparity under a cloak of shame. With its passage of Timothy's Law, the Senate tried to help change that. The law sets minimum outpatient and inpatient visit insurance standards for everyone. In addition to assisting small businesses in meeting any potential added costs, it broadens the scope of coverage large employers must provide to adults and at-risk children -- including health issues such as major depression and panic disorders, illnesses long dismissed as an indulgence to the weak willed. It is far from a perfect package. Too little is done to address addictive disorders such as alcoholism and substance abuse -- diseases with deep physical roots also long dismissed as indulgences of the weak willed. An earlier Assembly-backed version of the bill included this coverage, but this compromise version does not This Timothy's Law is an important first step, and the Assembly should return before year's end to add its approval. A spokesman for Sheldon Silver, D-Manhattan, said Wednesday the speaker has no plans to call a special session. We strongly urge the speaker to change his mind. Assemblyman James G. Bacalles, R-Corning, agrees with us. "I can't believe that leadership in the Assembly would let this slide by without a vote," Bacalles said Wednesday. "My guess is that we will be going back before the end of the year. I'd be surprised if we didn't." Without Assembly approval this year, the measure would die. Don't let that happen without a vote, Mr. Silver. Breaking down this barrier is essential and long overdue. Pass mental health parity legislation Watertown Daily Times Letter to the Editor November 06, 2006 Since I wrote about Timothy's Law, there have been some serious negotiations between the Timothy's Law Coalition and state Assembly and Senate leaders regarding the mental health parity law that is named in honor of Timothy O'Clair. As a result of those negotiations, the Senate finally passed the bill unanimously. Now due to changes in Timothy's Law, we wait for the Assembly to reconvene and once again pass the mental health parity bill that will free those people with mental health issues from the discriminatory shackles that certain employer health insurance companies have them chained to by not giving them access to the full health care that they need. After the Assembly has passed Timothy's Law, it will go to Gov. George Pataki to be signed and he has said that he might not sign it. Timothy's Law has to be signed by the governor by Jan. 1. If he does not sign it, we will have to start all over from scratch. Though most of the original law is still intact, the part about alcohol and substance abuse had to be eliminated. Let's hope it can be added in the future. Right now, it is imperative to get Gov. Pataki to sign Timothy's Law this year thereby putting an end to the discriminatory practices of the health insurance companies that result in the untimely deaths of so many of our peers and consumers. So let's get cracking, folks. Are we going to let the discrimination continue? Are we going to sit on our posteriors and do nothing while there are children, like Timothy O'Clair, taking their own lives? Or are we going to sit right down and write the governor a letter urging him to sign the mental health parity bill? I hope and pray that the answer to the last question is a resounding yes, yes and once again yes. June C. Gundersen Watertown HAVE A FRIEND WHO YOU THINK MIGHT WANT TO JOIN TIMOTHY'S TEAM? Refer A Friend Friend's Name: Friend's Email: Your Name: Your Email: -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Wed Dec 13 23:16:02 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Wed, 13 Dec 2006 23:16:02 -0500 Subject: [Timothy's Team] Timothy's Team Alert! Message-ID: <000001c71f36$91b546e0$4401a8c0@MHA> NYS ASSEMBLY PASSES TIMOTHY'S LAW - CALLS NEEDED TO GOVERNOR PATAKI TO URGE HIS SIGNATURE ON THE BILL: By a unanimous vote of support on Wednesday evening in the NYS Assembly, Timothy's Law is now on it's way to Governor George Pataki's desk for his consideration. Called to Albany by Governor Pataki for a "Special Session" to take up legislation to civilly commit sexual offenders using the state psychiatric system, Timothy's Law appears to be the only significant legislative accomplishment that accompanies the Legislature's most recent return to Albany, as it appears negotiations on a number of issues, including the civil commitment of sexual offenders, have fallen apart. Mental health advocates are elated by this development, which now clears the way for the final approval necessary to end discriminatory health insurance policies - Governor Pataki's signature. Therefore, we ask everyone to contact Governor Pataki to urge him to sign Timothy's Law. Governor Pataki can be reached by: Calling: (518) 474-1041 - Leave a message asking the Governor to sign Timothy's Law. Writing: Governor George E. Pataki State Capitol Albany, NY 12224 Emailing: Go to http://161.11.121.121/govemail. Following below is the Timothy's Law Campaign's Press Release. PRESS RELEASE PRESS RELEASE Timothy's Law Campaign Applauds NYS Assembly Passage of Timothy's Law Urges Swift Signature by Governor Pataki For Immediate Release: December 13, 2006 As the NYS Assembly voted to approve Timothy's Law (A. 12080/S. 8482) today, the Timothy's Law Campaign thanked the sponsors, leaders, and allies for their steadfast support and perseverance in negotiating this extraordinary agreement. (Summary p.3) Tom O'Clair, Timothy's father and Co-chair of the Campaign said: "In this season of celebration and remembrance I want to thank Speaker Silver and the NYS Assembly for all of their efforts over the past few years. What has happened here today shows how well government works when all parties work together. The Assembly in their unending support, worked with the Senate to reach an acceptable compromise for a strong foundation to improve mental health care in NYS. This is a fitting gift, in Timothy's memory, to all New Yorkers suffering with mental illnesses as well as their families. It is also a wonderful way to end what should have been a landmark year for Timothy. This version of Timothy's Law will allow for future improvements and inclusion of more comprehensive diagnoses and addictions." Paige Pierce, Executive Director of Families Together in New York State, and Co-Chair of the Campaign, said: "Families of children with special emotional and behavioral disorders know first hand the trauma caused by the lack of services. They have endured crisis trips to the emergency room, have given up their houses to pay for treatment, have witnessed the slow starvation of anorexia, and suffered through suicide attempts of a son or daughter. Our families have hope for the future of their children. That's why families have worked so hard for passage of Timothy's Law. That's why they are watching on this historic day as the Assembly passes Timothy's Law. We are grateful for the Assembly's support and look forward to the day this bill is signed into law by the Governor. On that day our families will truly celebrate." Shelly Nortz, Deputy Executive Director for Policy with Coalition for the Homeless, said: "The value of this legislation will be measured not only in improved mental health and productivity for millions of New Yorkers, but also in lives saved and enriched. We commend and thank everyone who has helped to negotiate Timothy's Law." Glenn Liebman, CEO Mental Health Association in New York State, Inc., said: "Nearly 20 years have passed since the issue of discrimination in health insurance against people living with psychiatric disabilities was first raised to the attention of state leaders. During that time, the NYS Assembly and its many internal champions have remained as allies of the mental health community in the fight for parity. While it is tragic that it has taken so long to get to the verge of ending this discrimination, we look forward to Governor Pataki's signature on this bill, which will lay the groundwork for future improvements in the law to benefit millions of New Yorkers living with psychiatric disabilities and addictions." Mary Jean Coleman, Upstate New York Area Director for the American Foundation of Suicide Prevention, said: "The American Foundation for Suicide Prevention applauds the NYS Assembly and their many years of support in furthering 'Mental Health Parity' in New York State. We look forward to Governor Pataki signing this crucial legislation in to NYS Law when it is delivered to his desk." J. David Seay, Esq., Executive Director of the National Alliance on Mental Illness of New York State said: "This is a landmark day for the Empire State. Advocates for New Yorkers with serious mental illness have been working for decades to see the day when mental illness is given parity in health and insurance plans. Our hats are off to Speaker Sheldon Silver and the Assembly for forging a workable compromise with the Senate and advocates for Timothy's Law. Governor Pataki: Please sign this bill." Jeff Wise, President / CEO of New York State Rehabilitation Association, said: "We congratulate the Assembly leadership, bill sponsor Paul Tonko, and all the members who have led the effort to move health policy in New York a giant leap forward. Timothy's Law will save lives. We are grateful, too, for the incredibly selfless and inexhaustible spirit of Tom O'Clair and family. His work to prevent other families from experiencing tragedy is an awe-inspiring testament to the power of citizen advocacy. We fervently hope the governor will join legislators in both houses and on both sides of the aisle and sign the bill promptly -- it is a fitting coda to his 12 years in office and a legacy for which all New Yorkers can be thankful." Richard Gallo, Government Relations Advocate for the New York State Psychiatric Association, said: "We applaud the sponsors and proponents of this bill for enabling this landmark step toward ending the disparity in New York State between health insurance coverage for physical illnesses and that of mental illnesses. Perhaps the single most important 'benefit' of Timothy's Law is not found in the bill's text but rather in the compassion and understanding that propels it - for this bill is as much about eliminating the stigma of mental illness as it is about removing other barriers to treatment." Harvey Rosenthal, Executive Director of the New York Association of Psychiatric Rehabilitation Services, said: "With passage by the Legislature and the approval of Governor Pataki, New York State will have taken long overdue action to stop the needless suffering of thousands of New Yorkers and allow appropriate access to mental health treatment that will prevent lost hope and productivity and, most tragically, lost lives of those in need." Reinaldo Cardona of the National Association of Social Workers, New York State Chapter said: "We commend the Assembly for taking this important step toward ending the discriminatory coverage of treatment for mental illnesses. NASW-NYS applauds Tom O'Clair for his courageous leadership and perseverance in fighting for parity on behalf of his son Timothy to provide relief for so many New York families. We urge the Governor to sign this important piece of legislation, so that New York State may provide this fair and affordable solution that will save lives and families." The Timothy's Law Campaign would like to thank all Members of the NYS Assembly who have voted for and supported Timothy's Law over the past 4 years, but specifically Assemblymembers Paul Tonko, Alexander (Pete) Grannis, Peter Rivera, Donna Lupardo, Joel Miller, and of course Assembly Speaker Sheldon Silver and Minority Leader James Tedisco for their stalwart support. In addition, the Timothy's Law Campaign thanks all Members of the NYS Senate who supported and pushed for passage of Timothy's Law, especially Senators Thomas Libous, Thomas Duane, Thomas Morahan, and of course Senate Majority Leader Joseph Bruno and Minority Leader and Lieutenant Governor-Elect David Paterson. Timothy's Law Campaign would like to thank the staff from both the Assembly and Senate, who often go unrecognized, who have spent countless hours working to enact meaningful reform of NYS law to end discrimination in health insurance for New Yorkers with mental health needs. It is our heartfelt hope that each and every one recognizes the great importance this law will have for millions of New Yorkers, thanks to their efforts. Lastly, we are grateful as well to the Executive Chamber, Division of the Budget, NYS Insurance Department, and NYS Office of Mental Health leadership and staff for generously sharing their time and thoughtful comments on Timothy's Law; we believe the dialogue has been fruitful, and has helped to address their questions. We hope for a swift signature in the coming days. About Timothy's Law Timothy's Law creates a mental health benefit structure comprised of two mandates for large employers and a subsidized mandate paired with a "subscriber option" for the same coverage for groups with 50 or fewer employees. All employers that offer health insurance and not exempt under federal law (self-insured plans) or state law (Healthy New York, Child Health Plus, Family Health Plus) will, for the first time, be required to provide broad based mental health coverage including at least 20 outpatient days and 30 inpatient days, with co-payments and deductibles comparable to those used for physical ailments (financial parity). Exclusions may be no more restrictive than the state's parity-based coverage for civil servants (and lawmakers), the Empire Plan. Exclusion of chronic mental illnesses would thereby be prohibited. Importantly, the law requires the superintendent of insurance to "develop a methodology to fully cover the cost" of this "base benefit" mandate for employers with fifty or fewer employees. In addition to this base benefit is a parity benefit. The parity benefit also includes "financial parity," and is required for all non-exempt employers with more than 50 employees. This same coverage is optional for small employers. It provides unlimited coverage of medically necessary care for children and adults with the following diagnoses: schizophrenia/psychotic disorders, major depression, bipolar disorder, delusional disorders, panic disorder, obsessive compulsive disorders, anorexia, and bulimia. It also provides unlimited coverage for children under age 18 who have serious emotional disturbances and are diagnosed with attention deficit disorders, disruptive behavior disorders, or pervasive development disorders, where there are serious suicidal symptoms or other life-threatening self-destructive behaviors; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that place the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that place the child at substantial risk of removal from the household. IN THE NEWS: Session Ends Without Civil Confinement Law New York Public Radio December 13, 2006 By Karen DeWitt ALBANY, NEW YORK (2006-12-13) The New York legislature failed to agree on a bill to civilly confine some sex offenders, after Assembly Democrats rejected a bill proposed by Governor Pataki in a special session. The legislature adjourned without acting on many other issues, including pay raises. The Assembly and Senate began the special session at noon, as ordered by Governor George Pataki. But they did not ultimately accomplish what the Governor wanted- the passage of a civil confinement bill for violent sex offenders. The Assembly called a recess, without acting on the bill, and members spent the afternoon in a closed-door party conference. Meanwhile the Senate promptly approved the measure. Senate Majority Leader Joe Bruno, a Republican, said the involuntary commitment to mental hospitals for some sex offenders after their jail term has ended will make communities safer. "These people...can't live in society," Bruno said. "They need treatment and they need to be committed." Senator Eric Schneiderman, a Democrat, complained that the special session was a waste of time, because the Assembly had not yet agreed to the measure, and the Senate had already passed the bill earlier in the year. "I guess we've run out of material for new shows, and we are, ladies and gentlemen, going to re- runs, " he said. Despite his protest, Schneiderman, along with every other Democratic and Republican Senator present, voted unanimously for the bill. Senator Bruno admitted that he was frustrated, and called on the governor to call an open meeting with legislative leaders. But Governor Pataki did not respond. The Assembly ultimately rejected Pataki's civil confinement bill. The lower house did approve Timothy's Law, which requires that mental illness receive the same amount of health insurance coverage as physical illness. The Senate already approved the bill earlier this year. It now goes to Governor Pataki. Assembly Speaker Sheldon Silver would not rule out holding another session before the end of the year, but he did wish everyone a happy holiday season, and paid tribute to outgoing members. Silver, who had a rocky relationship with Republican Pataki during the governor's twelve-year tenure, said he was looking forward to "a new era", when Democrat Eliot Spitzer begins his term January 1st. A number of other issues remained unresolved at the close of the session. The legislature has only until December 31 to reject a hospital closing commission report that recommends closing nine hospitals and merging 48 others. Public employee, teachers and nurses unions organized a rally against the proposed closings, but the largest health care workers union, SEIU 1199, did not attend the protest, and has not actively opposed the report. Governor Pataki had also been seeking an expansion of charter schools, and a resolution on the construction of Moynihan Station, to be built in the old post office building adjacent to Penn Station. Lawmakers who may have been hoping for pay raises will come away from the session disappointed, as that matter was also left unsettled. To unsubscribe from this list send an email to the following address: mhanysupdate-unsubscribe at mhanys.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Fri Dec 15 11:57:24 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Fri, 15 Dec 2006 11:57:24 -0500 Subject: [Timothy's Team] Timothy's Team Update - Calls to Governor Pataki Urgently Needed!! Message-ID: <010401c7206a$18bde9b0$4401a8c0@MHA> The phones are busy at the Governor's office but we still have no indication of whether he will sign Timothy's Law so we need to keep the pressure building. The Timothy's Law Campaign needs everyone to: * Call the Governor (if you already called, call again and every day until the bill is signed) * Reach out personally to three other people and ask them to call the Governor * Ask those three people to enlist three more people to call the Governor (and so on) Here's the number to call: 518-474-1041 Also, you can email and fax letters to the Governor: * Emailing: Go to www.timothyslaw.org, click on the "Get Involved" tab and follow the instructions from there * Faxing: 518-474-8099 (Letters should be addressed to Governor George E. Pataki, State Capitol, Albany, NY 12224) IN THE NEWS: The Assembly fulfills a spring promise, backs Timothy's Law The Journal News Editorial December 15, 2006 The good news from the Legislature's special session is that the lawmakers could not agree upon who was extorting from whom and, therefore, failed to vote themselves a legislative pay raise. The bad news is, even at their current and inflated wage, the lawmakers could barely manage a lick of work. There was no agreement on civil confinement - a last-ditch effort under Gov. Pataki to confine still-dangerous sex offenders in psychiatric hospitals after they have completed their prison sentences; Pataki had enacted a confinement program by fiat, a move recently rejected by New York's highest court. The Assembly and the Senate have been unable to agree on enabling legislation that is true both to their rhetoric and due process. There also was no agreement on charter schools either; in 1998, Pataki used a legislative salary hike as the carrot to induce - "extort" works just as well - lawmakers' support for charters. The thinking this time around was that the same quid pro quo could re-emerge. No deal. "Our members expressed that they wouldn't be extorted," said Assembly Speaker Sheldon Silver, D-Manhattan. That would reflect a change in policy; Pataki pointed the finger at Silver, accusing him of demanding approval of a permanent mechanism for raising lawmaker pay, based upon the cost of living. We can assume the topic is not dead. There has been talk of raising legislators' base pay from $79,000 to more than $90,000. The Wednesday session wasn't all bickering. Fulfilling a spring promise, the Assembly gave final legislative approval to a version of the long-debated Timothy's Law, which mandates more insurance coverage for mental-health treatment. Under the measure, insurers have to provide coverage for a host of mental-health conditions, and allow a minimum of 20 outpatient visits and 30 inpatient treatment days a year. Copayments and deductibles would have to be comparable to those for physical aliments. The state would pay the extra cost for premiums - estimates have varied - for employers with fewer than 50 workers, lessening the blow to business. The legislation is named in honor of the late Timothy O'Clair of Schenectady, who committed suicide in 2001 as his family struggled to provide him mental-health treatment. He was 12. His namesake bill is far from perfect, even after years of wrangling. But it would move New York closer to the health mainstream, as some three-dozen states already have such mental-health "parity" laws. Pataki should see to it that New York makes the leap. Group warns cost of 'Timothy's Law' unknown as bill passes Assembly The Business Review (Albany) December 14, 2006 Gov. George Pataki is being urged to veto a bill that would add another mandate to health insurance policies written in New York state. The state Assembly gave final approval to the bill, dubbed by supporters as "Timothy's Law," during an otherwise unproductive special session held by lawmakers on Wednesday. Pataki blasted the Democrat-dominated Assembly Thursday for failing to vote on a bill that would allow civil commitment of sex offenders considered at high risk of committing other sex crimes when their criminal sentences have been served. SSA, a small-business membership group in Schoharie, said it is still unclear what the Mental Health Parity bill will cost businesses which provide health insurance for their employees. "Lawmakers have failed to tell us what this mandate will cost, proving that we truly need a mandate review commission to make sure that they're not passing mandates that will ultimately make health insurance too costly for those who can least afford it," said Chris Koetzle, SSA's vice president of membership and marketing. The legislation requires coverage for treatment of mental illness, including eating disorders. Under a compromise that helped earn the legislation passage earlier this year in the state Senate, coverage for substance abuse treatments were taken out of the bill. The measure says businesses with 50 or fewer employees would be given relief by the state under a method to be determined by the state's insurance superintendent. Sign Timothy's Law The Assembly follows up on Senate approval of mental health parity legislation Albany Times Union Editorial December 15, 2006 While Wednesday's one-day legislative session was generally unproductive, one key measure was addressed when the Assembly passed Timothy's Law. The vote followed Senate approval in early September, and sent the measure to Gov. Pataki, who has 10 days to sign it into law. He shouldn't wait. He should sign it now. Timothy's Law is named after Timothy O'Clair, the Schenectady County 12-year-old who committed suicide in 2001 after his parents' health insurance coverage for his mental illness had run out and they had relinquished custody so he might continue to receive treatment. Timothy's tragic death sparked a statewide debate over health insurance coverage in general, but in particular the imbalance between coverage for physical and mental illnesses. Supporters of Timothy's Law argued that disorders of the brain should not be considered any different than physical illnesses, such as heart or kidney disease, that often take years to heal and require expensive care. Opponents, however, insisted that requiring mental health parity would be a burden for many employers, particularly small businesses, and that more workers would be left without coverage. At the same time, supporters contended that premiums would rise only 1 percent to 2 percent. In truth, the opponents' fears are unfounded. That has been proven by the experiences in other states with mental health parity laws. In California, which adopted parity in 2000, there has been no sharp increase in costs, and the San Jose Mercury News, analyzing the impact of the law, found that premiums rose by only 1 percent. California's experience is similar to that in the 35 other states with parity laws. It's also similar to the experience on the federal level. In 1998, President Clinton issued a directive providing parity coverage for 9 million federal workers. Yet government health care costs have yet to rise dramatically as a result. President Bush also supports mental health parity, in no small part because he had witnessed his own mother, former first lady Barbara Bush, suffer from depression after her 3-year-old daughter died of leukemia. It's time, well past time, New York embraced parity as well. If Pataki signs bill, mentally ill will get long-awaited relief Rochester Democrat and Chronicle OP-ED December 15, 2006 By Dr. John S. McIntrye and Pat Sine According to the Dec. 6 issue of The Journal of the American Medical Association, a large European study demonstrated that the significant risk of postpartum mental disorders for first-time mothers remains high for up to nine months after the baby's birth. A study last year found that in the United States, one of seven new mothers experiences depression that impairs her ability to mother. Fortunately, these depressions are very treatable. Unfortunately, at times tragically, many of these women do not receive treatment. One of the barriers to care that these young mothers experience is discriminatory insurance coverage for their mental illness. Over the past two decades, 39 states have enacted some form of nondiscriminatory, (commonly called "parity") insurance coverage for the treatment of mental illness and substance use disorders - but shamefully New York has not. However, on Wednesday, the Assembly passed the nondiscriminatory bill, Timothy's Law, named after Timothy O'Clair, a 12-year-old Schenectady boy whose suicide in 2001 was attributed in part to discriminatory mental health coverage. Although this year's version of Timothy's Law is not perfect - substance use disorders are not included - its enactment would be a major step forward for patients with mental illnesses and their families. Timothy's Law mandates that insurance providers covering any health care services must also provide coverage for mental health and substance abuse services, and that coverage and cost must be "on par" with all other health care services covered under such policy. The Senate has already passed this bill. Now Gov. Pataki should sign it. As the former U.S. Surgeon General Dr. David Satcher noted, "There is no health without mental health." Treatment for mental illnesses and substance use disorders should be covered by insurance just as any other illness. Reasons for doing so are clear and convincing. The 1999 surgeon general's report on mental health concluded that mental illnesses are largely biologically based. The President's New Freedom Commission on Mental Health (2003) reported that mental illnesses constitute the leading cause of disability in the United States and other major industrialized countries. Unfortunately, the commission also noted that half of those who need mental health treatment in this country do not receive it. Mental illnesses and substance use disorders can be reliably diagnosed, and specific treatments that are evidence-based and effective are available. The National Institute of Mental Health reports that efficacy rates for the treatment of severe mental disorders ranged from 60 percent to 80 percent, exceeding the efficacy rates for many treatments in the rest of medicine. Over the past decade, the American Psychiatric Association has published 14 evidence-based guidelines for the treatment of major mental disorders (including substance use) and these are regularly revised. The high costs to society of untreated and undertreated mental illnesses are well-documented. Researchers at Harvard Medical School have found that workers with depression have between 1.5 and 3.2 more short-term work-disability days in a 30-day period than other workers. The 1999 surgeon general's report estimated direct business costs (lost productivity and increased use of sick leave) resulting from a lack of nondiscriminatory coverage to exceed $70 billion per year. Nondiscriminatory coverage for the treatment of mental illnesses is not only affordable, it may save money. Perhaps the only advantage of having 39 states precede New York in enacting parity legislation is that the economic impact in these states is becoming apparent. In state after state, it has become clear that the cost of parity legislation is minimal or there have actually been savings. This has been true in large states such as California, Illinois, Texas and Massachusetts, as well as many small states. A survey of insurance carriers and health plans in New Hampshire found no indication of any change in premiums due to a parity law passed three years earlier. Four years after a parity law for state employees was implemented in North Carolina, mental health payments as a portion of total health payments decreased from 6.4 percent to 3.4 percent per year. More than a decade ago in a report to Congress, the National Mental Health Advisory Council concluded that parity coverage for severe mental illnesses would result in a net savings of $2.2 billion a year. And an independent actuarial analysis of Timothy's Law concluded that the expected employer health care costs for this nondiscriminatory coverage would rise about .8 percent. Most importantly, eliminating discriminatory insurance policies is not only scientifically and fiscally sound, it is the right thing to do. Timothy's Law should be signed by the governor. Let's get it done and end New York's shame. McIntyre is past president, American Psychiatric Association. E-mail him at jmcintyre at unityhealth.org. Sine is director, National Alliance on Mental Illness Rochester. E-mail her at nami at eznet.net. HAVE A FRIEND WHO YOU THINK MIGHT WANT TO JOIN TIMOTHY'S TEAM? Refer A Friend Friend's Name: Friend's Email: Your Name: Your Email: -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Fri Dec 15 14:34:13 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Fri, 15 Dec 2006 14:34:13 -0500 Subject: [Timothy's Team] Timothy's Team Update - Fax the Governor! Message-ID: <017601c72080$007af7b0$4401a8c0@MHA> Your Help Is Needed ! Please print out the attached file and fax it to the Governor: 518-474-8099 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: TLfacepage.doc Type: application/msword Size: 27136 bytes Desc: not available URL: From mseereiter at mhanys.org Fri Dec 15 17:32:40 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Fri, 15 Dec 2006 17:32:40 -0500 Subject: [Timothy's Team] Letters to the Editor Needed! Message-ID: <024d01c72098$eee01850$4401a8c0@MHA> Editorials The Timothy's Law Campaign has contacted many newspapers throughout New York State that have previously supported Timothy's Law to ask them to editorialize once again in support of mental health parity and urge Governor Pataki to sign Timothy's Law. So far, we have seen editorials of this nature in the Albany Times Union and The Journal News. Keep an eye out for similar editorials in the following newspapers: Syracuse Post-Standard Buffalo News Catskill Daily Mail Glens Falls Post-Star Kingston Daily Freeman Long Island's Newsday Elmira Star-Gazette Poughkeepsie Journal Letters to the Editor In addition to these editorials, we encourage anyone and everyone to write a letter the editor of their own newspaper, urging Governor Pataki to sign Timothy's Law. Letters should usually be no more than about 150 words in length and must include your phone number so that the paper can verify that you did indeed send the letter. Letters to the editor can read something like this: "On December 13th, the NYS Assembly passed Timothy's Law - the mental health parity legislation. The bill is named in memory of 12 year-old Timothy O'Clair who took his own life in 2001 after his parents were unable to get him the mental health services he needed due to discriminatory health insurance policies. A 20-year effort to change the law to eliminate these arbitrary limits on mental health coverage in health insurance, this bill now awaits one last hurdle before becoming law - Governor Pataki's signature. Before he leaves office at the end of the year, Governor Pataki should sign Timothy's Law to make New York State the 37th state in the country to pass mental health parity legislation." -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Tue Dec 19 12:33:10 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Tue, 19 Dec 2006 12:33:10 -0500 Subject: [Timothy's Team] Timothy's Team Update: Vigil at the Capitol Message-ID: <019d01c72393$c0ec8840$4401a8c0@MHA> Personal Plea from Tom O'Clair Hi all, this is a personal plea from me. We still have a lot of room at the Capitol for people to join me outside of the Governors office. We have come soooo far with this over the past 4 years. It's almost done, the only thing standing in our way now is a simple signature. BUT the person responsible for that signature appears to be apprehensive. We need a strong presance to convince him as we did over the years with the Senate via our rallies and presance in the gallerys of both houses. Please contact Maryann Whits and let her know when you can make yourself available to participate in what should very well be the last Timothy's Law rally. Lets bring it home. On behalf of the TLC group myself and yes even Timothy, I thank you all. Tom "Even the smallest bird cannot walk across the sand with out leaving a foot print" Tom O'Clair -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Wed Dec 20 11:55:44 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Wed, 20 Dec 2006 11:55:44 -0500 Subject: [Timothy's Team] Timothy's Team Update - All Hands On Deck for Timothy's Law! Message-ID: <01af01c72457$b12efdb0$4401a8c0@MHA> We have heard that the Governor has not made his decision yet but is paying attention to all of this campaign's efforts. So let's help Governor Pataki make the right decision to SIGN TIMOTHY'S LAW TODAY. CALL, FAX, EMAIL! (scroll down for info.) STOP BY THE CAPITOL TODAY, TOMORROW AND FRIDAY! The vigil at the Capitol today starts today at 2:00 outside room 123 of the Capitol Thursday: 3:30 - 7:00, outside the Governor's office, 2nd floor of the Capitol Friday: 3:30 - 6:00, outside the Governor's office, 2nd floor of the Capitol FIND THE GOVERNOR! Below is the Governor's schedule for today -- if you will be in the area please show up with a sign asking him to sign Timothy's Law. Note: the Governor will be at the Empire State Plaza at 6:15 PATAKI SCHEDULE: At 11 a.m. Gov. George Pataki is traveling upstate today. 11 a.m. -- He is joined by State and local officials to make an energy announcement; Huntley Generating Facility, River Road, Tonawanda. Directions to 11 Event: 90 West to Exit 50 (just after the Toll Booths); Route 290 (West for approximately 10 miles); 190 South (left hand lane); take first exit as you are getting on 190 (Kenmore Ave - Sheridan Drive), you will see the large stacks directly in front of you; go straight through the signal off the exit Sawyer Ave; en of Sawyer Ave is River Rd; left on River Rd, first driveway on the right. 2 p.m. -- Makes announcement regarding renewable fuel production; Rochester Commercialization and Development Center, Genencor Manufacturing Plant, 1700 Lexington Avenue, Rochester. 4 p.m. -- Makes announcement regarding renewable fuel production; SUNY College of Environmental Science and Forestry; Brey Hall Rotunda, 1 Forestry Drive, Syracuse. 6:15 p.m. -- Makes announcement regarding high efficient vehicle for State fleet; Empire State Plaza (outside), Albany. Call the Governor (if you already called, call again and every day until the bill is signed) Here's the number to call: 518-474-1041 Also, you can email and fax letters to the Governor: * Emailing: Go to www.timothyslaw.org, click on the "Get Involved" tab and follow the instructions from there * Faxing: 518-474-8099 (Letters should be addressed to Governor George E. Pataki, State Capitol, Albany, NY 12224) IN THE NEWS: Mentally ill catch a break Pataki should sign bill providing parity in health insurance coverage Buffalo News Editorial December 20, 2006 In a recent do-nothing legislative session, the Assembly did something right by approving Timothy's Law for parity-based mental health and chemical dependency insurance. Now, outgoing Gov. George E. Pataki must act quickly and sign it into law. Previous and more comprehensive versions of the legislation had passed the Assembly, though the latest incarnation had yet to gain approval. With compromises woven in, the Senate passed Timothy's Law in September, the first time they had passed the bill. And so did the Assembly. The law creates a mental-health benefits structure composed of two mandates for large employers and a subsidized mandate paired with a "subscriber option" for the same coverage for groups with 50 or fewer employees. All employers that offer health insurance and are not exempt under federal or state law will have to provide broad-based mental-health coverage including at least 20 outpatient days and 30 inpatient days, with co-payments and deductibles comparable to those used for physical ailments. This represents the financial parity that so many had been without. Exclusions are virtually nonexistent and there are significant provisions for the care of children. If a lame-duck governor chooses within the next few days to sign this piece of legislation, New York will be able to remove itself as one of the few states that does not mandate mental-health insurance parity. Many states have amended, strengthened and improved upon mental-health parity legislation, rather than rolling back progress on such vital protections. Fears about cost increases for businesses have been unfounded, according to experts. Of course, there's always going to be someone available to dispute anecdotal evidence. This legislation is pro-family, a point an ambitious governor considering a run for president should consider. Pataki should attach his signature to Timothy's Law as one of his final and most conscientious actions as governor. Pataki must OK Timothy's Law Poughkeepsie Journal December 19, 2006 Treating mental illnesses the same as physical ailments when it comes to insurance coverage in New York is long overdue. The state Assembly last week finally approved a compromise bill that brings parity to how mental health issues are treated by insurers. Now Gov. George Pataki needs to sign this vital legislation and ensure those already suffering don't have their problems compounded by struggling to get adequate coverage. The bill, known as Timothy's Law, requires insurance coverage for mental illness and other health problems be on par with each other. Private insurance policies in New York limit coverage provided for mental health and substance abuse services or require additional co-payments from the insured. Concerns the law could place an undue burden on small business owners have been addressed, in a compromise the Assembly and Senate reached in June. The Senate approved the bill at a special session in September. Lawmakers agreed on protections for companies with fewer than 50 employees by having the state absorb any increases in premiums. Many supporters of the plan expect the cost of providing expanded coverage will be more than offset by savings from a reduction in lost productivity and expensive crisis care. The bill requires companies offering health insurance to include 30 patient visits and 20 outpatient visits for mental health care. Co-payments must be comparable with the rest of the plan. Currently, some mental health care includes a co-pay of more than $50 each visit, while traditional physician co-pays run about $15 a visit. Additionally, companies with more than 50 workers would cover necessary treatment of major disorders - illnesses such as major depression and panic disorders, among others - above and beyond the 30 patient and 20 outpatient visits. Small businesses would have the option of purchasing this additional coverage. The law is set to expire three years after it's enacted and requires a cost analysis by the state Insurance Department. The bill gets its name from Timothy O'Clair of Schenectady, who hanged himself at age 12 after suffering for years from mental illness. His parents struggled to find the proper treatment and services for their son. They even took the difficult step of relinquishing custody to get their son's treatment paid for by Medicaid, unable to afford the costly care on their own. Like many important issues in Albany, this one has taken a long time to bring to fruition. A Pataki veto could delay this needed change indefinitely. Having the entire Legislature up for election this year no doubt had a role in the compromise being reached. And there's no guarantee lawmakers would quickly approve the bill again next year, with just about everything subject to the horse-trading that takes place in Albany. Pataki needs to sign this crucial law immediately and help those burdened by mental illness get the treatment they need and deserve. Pataki bumps to the finish Special legislative session he called produces nothing but Timothy's Law Newsday Editorial December 19, 2006 After a couple of years of incremental improvement, Albany recently reminded its critics how the state's legislative process earned its distinction as the nation's most dysfunctional. Last week's special session accomplished little beyond restoring an unhealthy measure of public cynicism. What a fitting end to the era of Gov. George Pataki. The only thing consistent about his 12-year tenure, which comes to a close New Year's Eve, was its inconsistency of energy, vision and, ultimately, accomplishment. Like the special session, Pataki got some things right, some wrong and left too much undone, because he either didn't work hard enough or misjudged the opposition in both parties. Last week, Pataki threw too much at lawmakers, seeking to burnish his legacy, and misread what he could get from them by dangling a pay raise, which the legislature sidestepped. Lawmakers did get one thing right. The Assembly, following up on a vote by the Senate, approved a landmark bill to require insurers to cover mental illnesses at the same level as other medical maladies. Called Timothy's Law, for an adolescent who killed himself after his family was unable to pay for health care for his mental problems, it would end discrimination in medical coverage that denies thousands of people adequate care. The mental-health parity bill represents a broad political and ideological compromise. Parity with other coverage, which many states require, has had little impact on insurance premiums, but it benefits business and government by cutting absenteeism and keeping people off public assistance. Pataki should sign it. It's too bad, however, that Pataki won't be able to authorize creation of more charter schools. Assembly Democrats wrongheadedly blocked that. But it's good the Assembly wouldn't authorize civil confinement for sexual predators after they serve a prison sentence. Society must come to grips with the threat of repeat offenders, but the issues are complex and the proposal approved by Republicans needs a lot of work. Not a total waste ... Middletown Times Herald Record Editorial December 19, 2006 OK, we got that rant out about the three-men-in-a room government, and it is sincere, but legislators did manage one positive accomplishment last week. The Assembly approved a bill that would require insurance companies to provide coverage for a range of mental illnesses, notably those related to children, on par with other health-care coverage. It is a long-overdue step forward in health care in the state. The Senate has already passed the bill and Gov. Pataki has until Dec. 26 to sign it. He should do so now. The bill is called Timothy's Law. It is named after Timothy O'Clair, the 12-year-old from Schenectady who committed suicide in 2001 after his parents had surrendered custody of him because their health insurance would not cover treatment for his depression and they could not afford it. His father has lobbied for the bill since then. The arguments for it are simple. Mental illnesses can be just as debilitating as physical illnesses and are responsible for the loss of billions of dollars in worker productivity. Moreover, most of the illnesses are diagnosable and treatable, with many of them having a biological cause. Good health must include mental health. The argument against the parity bill is the usual one - cost, especially to employers. But in 35 states that have passed similar laws, there has been only a slight increase (1 percent in California) in premiums. Federal workers also receive such coverage. New York has been negligent on this for far too long. Sign Timothy's Law Pataki must sign bill that can ensure medical coverage of mental disorders. Elmira Star-Gazette Editorial December 17, 2006 Wednesday's one-day, special legislative session was a bust. With one important exception. While a civil confinement bill died of neglect, another important bill lived and now sits on Gov. George Pataki's desk awaiting his signature. There's every reason for the governor to sign off on the bill, the so-called Timothy's Law. The Assembly approved the bill last Wednesday in what was the only show of productivity to come out of the legislative meeting. It wasn't what Pataki wanted when he called legislators back to Albany, yet the measure was an important byproduct of an otherwise unimpressive session. The governor had sought a new civil confinement law to keep sex offenders in state mental facilities for further treatment after their prison sentences had expired. He had intense interest in the bill because the state's highest court had overturned his executive order to confine a number of sex offenders after their sentences were up. But the governor lost that round when the Assembly and Senate could not reach a compromise on civil confinement. He must not let that disappointment sink Timothy's Law. Named for Timothy O'Clair, a 12-year-old Schenectady child who killed himself in 2001, the law would require insurance companies to cover inpatient and outpatient treatment for various mental illnesses not currently covered, including eating disorders. The extra cost, estimated to be from 3 percent to as much as 10 percent, would be passed on to employers and their workers, The Associated Press has reported. The state, however, would pick up the extra expense for small companies of 50 employees or fewer. If the governor has concerns about the controversy that surrounded the law when it was introduced, he need now only look at the votes -- 55-0 in the Senate during a special session in September and 139-0 in the Assembly last week -- to be assured that legislators believe in this bill. And if he has any residual ire at the Assembly for blocking the civil confinement bill, he also should set that aside. Timothy's Law offers too much good for those with mental disorders to become a victim of politics. As he leaves office this year, the governor should act with compassion and sign this bill for the good of the state. Sooner law takes effect, the better Troy Record Editorial December 16, 2006 The Legislature accomplished at least one worthwhile thing in its special session this week: the Assembly unanimously passed "Timothy's Law," which would expand the availability of coverage for the treatment of mental illness. The Senate passed the bill earlier this fall. Now it's up to Gov. Pataki to sign the bill into law. Area lawmaker Paul Tonko was the main sponsor of the Assembly bill; the boy for whom it is named lived in his district in Rotterdam. The story is heartbreaking, but it served to put a name and face to a problem that only legislation could address. Timothy O'Clair's parents first sought mental health treatment for their young son, quickly using up their insurance policy's allotted visits and then paying out of pocket to the extent they could afford. "Eventually," explains a Web site set up to promote the law, "the O'Clairs had to relinquish custody of Timothy to gain access to hospitalization." In March 2001, the boy committed suicide at age 12. "If Timothy had diabetes or cancer, our health insurance would have provided unlimited coverage," his parents wrote. "We are confident that had Timothy received the services he needed, he would be here with us now." Legislators have been trying to get Timothy's Law passed for four years. The law addresses coverage for both adults and children, and it brings New York in line with 35 other states. The most important part of the legislation is that it brings co-pays for mental health services down to the same rate as other medical services, rather than $50 or more per visit. It also requires health insurance policies sold in New York to provide at least 30 inpatient days and 20 outpatient visits for mental health treatment, according to the organization Families Together in New York State. Timothy's Law is a trial of sorts, because it expired three years from its enactment. The law requires that the state Insurance Department conduct a cost analysis of the legislation, so that financial ramifications can be reviewed and taken into account before its expiration. For now, the sooner it takes effect, the better. For more information, go to the Timothy's Law Campaign at www.timothyslaw.org or call 432-0333. HAVE A FRIEND WHO YOU THINK MIGHT WANT TO JOIN TIMOTHY'S TEAM? Refer A Friend Friend's Name: Friend's Email: Your Name: Your Email: -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Wed Dec 20 13:44:54 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Wed, 20 Dec 2006 13:44:54 -0500 Subject: [Timothy's Team] Timothy's Team Update - Another Way to Urge Governor Pataki to Sign Timothy's Law Message-ID: <022801c72466$f0e54590$4401a8c0@MHA> Now you and your friends and family members in other states can easily contact Governor Pataki and ask him to sign Timothy's Law. Go to http://freedompac.com/local/. Enter your e-mail address and paste the following message - "Governor Pataki, Please sign Timothy's Law TODAY!" - into the "comments" box. Then just click "sign up" to submit your comment. HAVE A FRIEND WHO YOU THINK MIGHT WANT TO JOIN TIMOTHY'S TEAM? Refer A Friend Friend's Name: Friend's Email: Your Name: Your Email: -------------- next part -------------- An HTML attachment was scrubbed... URL: From mseereiter at mhanys.org Thu Dec 28 14:45:15 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Thu, 28 Dec 2006 14:45:15 -0500 Subject: [Timothy's Team] Timothy's Team Message-ID: <012e01c72ab8$b2ee4fe0$4401a8c0@MHA> COVERAGE OF TIMOTHY'S LAW IN THE NEWS: Pataki Signs Bill on Parity in Health Care The New York Times December 23, 2006 By RICHARD P?REZ-PE?A Ending months of uncertainty, Gov. George E. Pataki yesterday signed into law a bill requiring that commercial insurance policies pay for mental health care in much the same way they cover physical illness. The Assembly and the Senate reached agreement on the terms of the bill in June ? though they did not complete passage of it until this month ? but for six months the governor would not say publicly what he intended to do with it. The signing ceremony was a rare victory for the kind of emotional politics that rarely succeed in a government most often moved by large electoral blocs, moneyed interests and lobbyists. Many legislators credited passage of the bill to the family of Timothy O?Clair, a boy who committed suicide at 12, who campaigned relentlessly for the measure. Despite the widespread attention given to the O?Clair crusade, the effect of such health care mandates, which can raise insurance premiums, is narrower than it appears. Most people have health insurance through large employers or unions, plans that are usually governed by federal law, which exempts them from state laws. In addition, most commercial policies already cover mental health treatment, which the governor said had helped allay his concerns about cost, and so do government programs like Medicare and Medicaid. Business organizations ? whose members pay for most health insurance ? and insurance companies generally oppose these kinds of mandates. But they did not work against the mental health bill this year, after small employers were exempted and after coverage that would have mandated treatment for alcohol and drug addiction was taken out of the bill. Timothy O?Clair killed himself in 2001, after the mental health benefits provided by his parents? insurance ran out. His parents, Tom and Donna, who live near Schenectady, set out to prevent the same thing from happening to other families, taking up a cause that advocates for the mentally ill had pursued for years. They drove countless times to the Capitol, pigeonholing lawmakers and staying through late-night sessions. In particular, Mr. O?Clair, a mechanic who has Timothy?s image tattooed on his arm, became a fixture at the Capitol, and many lawmakers say they were won over by his persistent, poignant appeals. ?We, collectively, lost Timothy, not just his family and friends,? Mr. O?Clair said yesterday, standing beside Mr. Pataki in the opulent Red Room in the State Capitol. ?Anybody whose life he may have affected as an adult, as a student going through college, as a father, a grandfather ? we all lost Timothy.? Legislative leaders agreed on the bill in June, but by then, both houses had finished their regular session for the year. The Senate returned in September and passed the bill, but the Assembly did not return until this month. The bill passed both houses unanimously, but even after the bill was sent to the governor on Dec. 13, it was not clear what he would do. In September, when the Senate majority leader, Joseph L. Bruno, told reporters that Mr. Pataki had said he would sign it, the governor said he did not recall the conversation. Mr. Pataki, who leaves office in little more than a week, said he satisfied himself that the bill did not unduly raise health insurance costs. But he said he was concerned that employers and insurers might not have time to comply with the law, which takes effect on Jan. 1. ?There does need to be time to implement it adequately, and I would hope that early next year that the Legislature will take a look to see? if businesses should be given more time, he said. The law requires that commercial insurance policies like those bought by employers provide equivalent coverage, or parity, for mental and physical illness. An employer with fewer than 50 workers could opt out, but the insurer would be required to offer a policy that covered mental illness. The law pledges that the state will develop a method to help small businesses pay for that coverage if they choose to buy it. As of early this year, 22 states had parity laws, according to a review by the National Conference of State Legislatures, and the number may have grown since then. Many of those, like New York?s, include exceptions for small businesses and substance abuse treatment. There were at least 17 other states that mandated some kind of mental health coverage, but not full parity with other health benefits. GOV OKS INSURANCE LAW FOR MENTALLY ILL New York Post December 23, 2006 ALBANY - Gov. Pataki yesterday signed into law a measure requiring insurance companies to provide far more coverage for mental illness. The ceremonial bill-signing follows years of tireless work by Tom and Donna O'Clair of Schenectady. Their 12-year-old son, Timothy, killed himself in 2001 after their insurance ran out and they had to give up custody of him so he could get public-funded psychiatric treatment. "This is a gift," Tom O'Clair said of Timothy's Law. "As Timothy was a gift to us, Timothy's Law is a gift to New York." The bill requires insurance companies to cover 30 inpatient and 20 outpatient days of treatment for mental illnesses. Companies must give full coverage for "biologically based" mental illnesses including major depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder and anorexia. Timothy's Law would also require coverage for children with attention-deficit disorder, disruptive behavior disorders or disorders that include suicidal symptoms. The state would pay for the premium increase for companies with 50 or fewer employees. The measure is expected to increase premiums about 3 percent and no more than 10 percent, while providing a much wider array of mental-health services. "I commend the efforts of Tom and Donna O'Clair in helping to get this law enacted," Pataki said. "Sharing their experiences . . . was no doubt a difficult task, but through their tireless work and the support of numerous groups and individuals, individuals with mental illnesses will benefit." New era for health care Governor signs bill, Timothy's Law, that requires insurance plans to cover mental illness treatment Newsday December 23, 2006 BY DAVE MARCUS Staff writer Melissa Mansfield contributed to this story. Many New Yorkers are about to find relief from some of the stigma - and the expense - of mental illness. Responding to a grassroots lobbying effort that took several years and attracted supporters from all political parties, Gov. George Pataki Friday signed legislation requiring health insurance plans to cover treatment for mental illness ranging from anorexia to depression. Dubbed "Timothy's Law," after Timothy O'Clair, a 12-year-old upstate resident who committed suicide in 2001, the law recognizes that mental health is as important as physical health. "It's the end of legalized discrimination," said Diane Lang, of Massapequa, who attended the signing to honor her son John, 19, who has battled mental illness. They have gone public to encourage other families to come out of the shadows. Lang and others at the ceremony said insurance companies have endangered patients by limiting visits to therapists and psychiatrists. Insurance companies and businesses fought the legislation, arguing that expanding coverage would increase costs for companies and the insured. Supporters noted the law will apply to 7 million of New York's 19 million residents. Many others belong to union and corporate plans regulated by federal, not state, laws. The final version of the law says the state will pay for increased costs to businesses with 50 or fewer employees. It covers fewer services for adults than for children, and it does not require coverage for substance-abuse programs. Still, the mental health community on Long Island and across the state cheered the reform. "This is about parity," said Margo Messina of the family advocate program of the North Shore Child and Family Guidance Center. "If you have diabetes, you get whatever medication and appointments you need but if you have a mental health problem, managed care companies usually limit the number of sessions and visits to psychiatrists," she said. Kim Spicciati of East Islip, who attended the Albany ceremony with daughter Erica, talked about her 17-year-old stepson, who died after an alcohol overdose. "He had some mental health insurance, but he couldn't get all the help he needed," she said. ". . . Anybody who has to go without services, the whole family suffers with them." One of the supporters of Timothy's Law was Senate Majority Leader Joseph Bruno, a Republican who has said his granddaughter has anorexia. Lang said her son John, who has had "a long list of diagnoses," throughout the years, skipped the ceremony because he has started a job. She said, "He's walking, talking proof that recovery happens." Staff writer Melissa Mansfield contributed to this story. Law improves mental health coverage Poughkeepsie Journal OP-ED December 24, 2006 By LUBNA SOMJEE There is some good news for people in New York state who use mental health services. After many years, New York has a law that will bring its citizens closer to mental health parity, with Gov. George Pataki's signing of Timothy's Law on Friday. Parity means New York insurers would provide mental health benefits on par with other medical benefits. As many of us know, unlike health insurance benefits for physical ailments, most mental health and addiction benefits often have cutoffs. They also typically have higher co-pays for treatment. As a result, many individuals with mental health issues may receive less treatment than they need. Many patients cannot afford to pay out of pocket once their mental health insurance benefits have run out for the year, and are left untreated. This has an impact on their well-being, their productivity at work or school and at home ? and understandably affects their families. The New York State Psychological Association, along with numerous groups, including the New York State United Teachers and the National Alliance for the Mentally Ill, have lobbied for more than a decade to try and gain mental health parity. When passed in the Assembly and the Senate, the original bill was amended in the process and it does not afford complete mental health parity. However, it is an important step toward full mental health parity for New Yorkers. The legislation takes its name from Timothy O'Clair, a 12-year-old boy from Schenectady who committed suicide in 2001. Timothy's parents had sought mental health treatment for their son because he had attention issues and serious temper problems. When Timothy was 8, he began treatment but his family would exhaust their 20 outpatient visits per year, and would pay out of pocket to continue treatment. Timothy also had psychiatric inpatient hospitalizations. When the family could no longer carry this financial load and as a last resort, they decided to place him in foster care so he would be eligible for Medicaid benefits. His parents continued to hold shared custody and paid a significant amount of money for statutory child support. Timothy was finally placed in a residential facility. However, several weeks after his discharge, he killed himself. Since this tragedy, the O'Clair family has tirelessly advocated for mental health parity. Because of the new law, those who receive mental health services will see some important changes, including: ? Insurers would be required to provide a minimum of 30 inpatient days of treatment and 20 outpatient days of mental health treatment per year. ? Insurers would be required to provide coverage comparable to medical coverage provided under the policy for adults and children (under 18 years old) with certain mental health issues. These include: schizophrenia/psychotic disorders, major depression, bipolar disorder, delusional disorders, panic disorder, obsessive compulsive disorder, bulimia and anorexia. ? Comparable coverage would also be provided for additional childhood-specific mental health issues, including attention deficit disorders, disruptive behavior disorders or pervasive developmental disorders, and where there are one or more of the following: 1. Serious suicidal symptoms or other life-threatening self-destructive behaviors. 2. Significant psychotic symptoms. 3. Behavior caused by emotional disturbances that places the child at risk of causing personal injury or significant property damage. 4. Behavior caused by emotional disturbances that places the child at substantial risk of removal from the household. ? The legislation may not apply to small companies, meaning those with 50 or fewer employees. However, companies may be subsidized by the state. ? Co-payments, co-insurances and deductibles for mental health treatment would be comparable to those for physical illnesses. It is not clear yet when the legislation will be implemented, but the signing of Timothy's Law is a victory that brings New Yorkers one step closer to mental health parity. Lubna Somjee, Ph.D., is a clinical and health psychologist practicing psychotherapy and consulting in the mid-Hudson Valley. Her column is published on the fourth Sunday of each month. Somjee is a member of the Hudson Valley Psychological Association and can be contacted through the association at 845-452-0274. For immediate mental health assistance, contact the Dutchess County Helpline, a unit of the Dutchess County Department of Mental Hygiene, at 845-485-9700. New law requires insurance coverage for mental illness Buffalo News December 23, 2006 By MICHAEL GORMLEY ASSOCIATED PRESS (Similar articles were published in the Albany Times Union and Syracuse Post-Standard) Associated Press Gov. George E. Pataki speaks with Tom O'Clair after signing a new mental health law named for O'Clair's son, Timothy. ALBANY - Tom O'Clair, holding a Christmas ornament with his son's picture, once again fought back tears as he explained why a new mental health law is needed to avoid tragedies like his 12-year-old son's suicide. But this time, the burly biker, wearing a new suit covering up the tattoo of Timothy on his biceps, smiled a bit. "This is a gift," O'Clair said of Timothy's Law, signed Friday, which will require insurance companies to offer the mental health coverage he couldn't get for his son. "As Timothy was a gift to us, Timothy's Law is a gift to New York," O'Clair said. Gov. George E. Pataki said the measure will save the lives of thousands and improve the lives of thousands more by requiring coverage of mental illness, including depression and eating disorders. Timothy killed himself in 2001 after Tom and Donna O'Clair had to give up custody of him so he could get publicly funded treatment for emotional problems. The law requires insurance companies to cover 30 inpatient days and 20 outpatient days of treatment for mental illness. Companies must fully cover "biologically based mental illnesses" including major depression, obsessive compulsive disorder, anorexia and binge eating. Timothy's Law would also require coverage for children with attention deficit disorder, disruptive behavior disorders or disorders that include suicidal symptoms. The state would pay for the premium increase for companies with 50 or fewer employees. The measure is expected to increase premiums about 3 percent and no more than 10 percent, while providing a much wider array of mental health services. "It is vital that our society take care of those in need, especially our most vulnerable children," Pataki said. "I commend the efforts of Tom and Donna O'Clair in helping to get this law enacted. Implementation of the law may take some time. The bill was supposed to have been passed by both houses in June, but the Assembly didn't pass it until this month. That left just days for the industry to adhere to its conditions, and Pataki said more time will likely be needed. The New York Health Plan Association agreed, calling a Jan. 1 start date "simply impractical." About 35 states have similar laws. New law improves mental health aid Insurance firms' coverage to expand Binghamton Press & Sun Bulletin December 23, 2006 By Tom Wilber Text Box: AT A GLANCE Gov. George E. Pataki signed into law Friday a bill, known as Timothy's Law, that will provide insurance parity for the mentally ill. Under the law, which takes effect Jan. 1: * Every insured person will have a minimum of 20 outpatient and 30 inpatient visits per year for mental illness. * The state will cover the costs of providing insurance to businesses with 50 or fewer employees. * Larger companies will have to provide unlimited treatment for adults with schizophrenia, major depression, bipolar disorder, obsessive-compulsive disorder, panic disorder, bulimia and anorexia. * Coverage will also be extended to children under 18 for these ailments, as well as attention-deficit and hyperactivity disorders, disruptive behavior disorders and developmental disorders. To be eligible, a child must be at risk for suicide, serious self-destructive behavior, significant property damage, removal from the home and other problems. -- Gannett News Service A new law will end discrimination against mentally ill patients with private insurance policies but do little to help those without insurance, Southern Tier stakeholders said Friday. After a decade-long lobbying effort by advocates, Gov. George E. Pataki signed Timothy's Law on Friday. The bill is named after 12-year-old Timothy O'Clair who committed suicide in 2001. Advocates say his death is emblematic of a need for insurance companies to provide better coverage for mental patients. The law, passed by the state Legislature earlier this month, requires insurance companies to cover at least 30 in-patient and 20 outpatient days of treatment for a range of mental illness, and to include coverage of youths with illnesses that cause risk of harm to themselves or others. "This ends decades and decades of discrimination," said Michael Seereiter, a spokesman for the Mental Health Association of New York State. "It's a long overdue change." More insurance coverage means more money for individuals and institutions to deal with mental illness, said Assemblywoman Donna A. Lupardo, D-Endwell, who sits on the Assembly's Mental Health Committee and co-sponsored the bill. But as cost barriers are lowered or eliminated for insured patients, there will likely be more demands on the Southern Tier mental health system, already being stretched to capacity, she said. Mental health services and clinics provided by United Health Services typically lose money because reimbursement rates cover only a fraction of their costs, according to administrators. Funding shortfalls have limited their development. "This (the new law) will highlight that concern," said Lupardo, who was an advocate and educator with the Southern Tier Mental Health Association before she was elected. Ultimately, more staff and resources -- including psychiatrists, social workers and clinics -- will become available to meet the demand in the Southern Tier as more money gets channeled into the system, Lupardo and Seereiter said. That assessment may be overly optimistic, said Dr. Leslie Major, head of mental health programs at Binghamton General, a UHS hospital. The largest burden on the system comes from uninsured patients or those on public programs such as Medicare, and there is nothing in the bill to address that. "A law that brought coverage to the uninsured would have much more impact. But it would cost much more money," Major said. Often, a lack of hospital beds is actually a reflection of a lack of places to discharge chronically ill patients to, Major said. Timothy's Law has merit, he added, because it will provide more help to insured individuals suffering from serious diseases such as depression, schizophrenia and bi-polar disease. "This is better than nothing, but it is not the solution," said Christina Boyd, a spokeswoman for United Health Services. The bill -- the result of compromises and negotiation over the years -- generally balances the need for benefits for mentally ill patients with the right for insurance companies to determine who qualifies, said Leslie Moran, spokeswoman for the New York Health Plan Association, a trade group. "It limits the scope to special diseases rather than opening the door to anything and everything that could be considered a mental health issue," she said. The main complaint insurance companies have now is complying with the law, effective Jan. 1. It's a time frame that is not feasible, Moran said. "It's a major, major concern," she said. "It creates an expectation of services that is simply impracticable for plans and the state to provide. ... We're asking for everybody's patience and understanding." The ceremonial bill signing follows years of work by Tom and Donna O'Clair of Schenectady. Their son Timothy killed himself after they had to give up custody of him so he could get public-funded treatment for emotional problems. The bill requires insurance companies to fully cover "biologically based mental illnesses" -- including major depression, obsessive compulsive disorder, anorexia and binge eating. Timothy's Law also would require coverage for children with attention deficit disorder, disruptive behavior disorders or disorders that include suicidal symptoms. The state would pay for the premium increase for companies with 50 or fewer employees. The measure is expected to increase premiums about 3 percent and no more than 10 percent, while providing a much wider array of mental health services. The bill has been proposed in some form for 20 years. The O'Clairs have staked out the hallway of the governor's office and lobbied legislative leaders for years, only to see political deals fall apart. This week, they held signs outside the governor's office even though Pataki was traveling and the Legislature won't return to session until January. "It is vital that our society take care of those in need, especially our most vulnerable children," Pataki said. Pataki signs "Timothy's Law" The Journal News December 23, 2006 By Dan Wiessner (A similar article also appeared in the Elmira Star-Gazette, Rochester Democrat & Chronicle) Text Box: About the law Gov. George Pataki signed into law yesterday a bill, known as Timothy's Law, that will provide insurance parity for the mentally ill. Under the law, which takes effect Jan. 1. - Every insured person will have a minimum of 20 outpatient and 30 inpatient visits per year for mental illness. - The state will cover the costs of providing insurance to businesses with 50 or fewer employees. - Larger companies will have to provide unlimited treatment for adults with schizophrenia, major depression, bipolar disorder, obsessive-compulsive disorder, panic disorder, bulimia and anorexia. - Coverage will be extended to children younger than 18 for these ailments, as well as attention-deficit and hyperactivity disorders, disruptive behavior disorders and developmental disorders. To be eligible, a child must be at risk for suicide, serious self-destructive behavior, significant property damage, removal from the home or other problems. ALBANY - Gov. George Pataki signed into law yesterday a measure known as "Timothy's Law" that requires insurance companies to cover most mental illnesses as well as physical ailments. "Timothy's Law is an important step to ensure that mental-health services are accessible to all individuals and families, so that they can receive beneficial assistance and treatment for mental illnesses," Pataki said. The law's opponents have expressed concern that it will drive up insurance premiums and hurt small businesses. The law requires that insurance policies cover a minimum of 20 outpatient and 30 inpatient visits per year for the treatment of mental illness. The state will cover the cost of insurance for companies with 50 or fewer employees, but larger companies will have to pay for additional coverage for illnesses such as schizophrenia, depression and attention-deficit disorder. The legislation is named after Timothy O'Clair, a 12-year-old Schenectady boy afflicted with mental illness who took his own life in 2001. His family had limited health coverage and had to give up custody of Timothy so he could qualify for state-funded treatment. "To lose a life because we couldn't get treatment to an individual is more than motivation" for the law, said Assemblyman Paul Tonko, D-Amsterdam, who sponsored the bill. Tonko said he knew Timothy before he died. Tom O'Clair, Timothy's father, has been pushing the measure for years and has been a fixture in the Capitol. For the past week he has been holding a vigil outside the Capitol urging Pataki to sign the bill. "Anybody who knew Timothy knew how huge his heart was, and this law is a fitting tribute," O'Clair said. "As Timothy was a gift to us, Timothy's Law is a gift to New York." Timothy's Law will take effect Jan. 1 and last for three years. The Legislature will make a decision about continuing the law in 2009. State Sen. Thomas Morahan, R- New City, was the bill's second sponsor. Morahan is the chairman of the state's Mental Health and Developmental Disabilities Committee. After more than three years in the making, he said, he was relieved it was signed. "It's really a great day for the mental-health clients in the state of New York," he said. Though the bill technically starts Jan. 1, Morahan said lawmakers wanted to give businesses and insurance companies a little extra time to adjust their policies. Some business groups expressed disappointment that Pataki signed the bill, citing increased premiums and a vague explanation of how the state will fund the program. "The bill fails on three counts," said Chris Koetzle of Support Services Alliance, a small-business group. "It doesn't define the true cost of parity. It doesn't clearly tell us who is going to pay this unknown cost. It doesn't tell us how it's going to get paid." The Business Council of New York opposed to earlier drafts, but declined to take a position when the Legislature reached a compromise. The law's cost has been the main point of contention between supporters and opponents. No one is sure how big the increase in premiums will be, and estimates have ranged from a few million dollars to as much as $60 million. Governor Pataki signs Timothy's Law Capital News 9 December 22, 2006 By: Sumi Somaskanda It was a day Timothy O'Clair's family has fought for for more than five years. "This is a very fitting tribute to Timothy," said Timothy's father, Tom O'Clair. Governor Pataki signed Timothy's Law, legislation that bears the name of Timothy O'Clair, a 12-year-old Schenectady boy who committed suicide in 2001 after suffering from mental illness. His parents' insurance company didn't provide coverage for his treatment, but Timothy's Law requires large employers to provide mental health coverage to adults and children. "I can't help but think at this moment that perhaps this is why he lived. So that we can provide policy that will address people's issues of affordability and accessibility," said Assemblyman Paul Tonko. Timothy's Law isn't without controversy. Small business owners said they can't afford to provide mental health care for their employees, but Timothy's father said they'll be proven wrong. "Just the savings in productivity that they will realize will be an eye-opening experience for them," said O'Clair with tears in his eyes. The state will provide financial assistance to small businesses who struggle with footing the bill. Legislators and employers have debated this bill for years, one O'Clair calls a no-brainer. But, he said he and his family now have the chance to help other New Yorkers struggling under the burden of mental illness. "The only thing positive that can come from that is that others suffering can stop," said O'Clair. The bill takes effect January 1st, but the legislature will take a look at how much time employers need to comply in the new year. Pataki to sign Timothy's law on mental health coverage The Business Review (Albany) December 22, 2006 by Joel Stashenko Gov. George Pataki invited Tom O'Clair and Donna O'Clair to a state Capitol ceremony Friday to sign a health care mandate bill named after their son, Timothy. The O'Clair family has fought for years to add a mandate that treatment for mental and emotional illnesses be included in health insurance policies written in New York state. "Timothy's Law," also known as the mental health parity bill, provides for that coverage. Conditions that will be covered include eating disorders by workers or their dependents. The state Senate surprised many by approving the bill earlier this year after resisting it because of cost concerns for more than a decade. The Assembly, which has long supported the measure, approved it during a one-day special section on Dec. 13. In order to win Senate approval, provisions in the bill mandating coverage for post traumatic stress disorder and for drug and alcohol dependencies were removed from the legislation. Sponsors promised to restore those cuts in subsequent years. Timothy O'Clair of Schenectady was 12 when he killed himself in 2001. In order to receive affordable treatments for their son, the O'Clairs had to relinquish custody of him to the state. Sponsors of the bill say they will provide more than $50 million in subsidies to small businesses to meet the cost of the new health care coverage mandate. The legislation calls for the state's insurance superintendent to figure out the best way of providing that relief to businesses. Pataki signs new health measure The Journal News Editorial December 23, 2006 Gov. George Pataki, after remaining mostly mum or noncommittal on whether he would sign the so-called mental-health parity bill into law, did just that yesterday, providing welcome relief to so many beleaguered New York families. Under the measure, insurers have to provide coverage for a host of mental-health conditions, and allow a minimum of 20 outpatient visits and 30 inpatient treatment days a year. Copayments and deductibles would have to be comparable to those for physical aliments. The state would pay the extra cost for premiums - estimates have varied - for employers with fewer than 50 workers. The bill signing in Rockland County capped a 20-year battle by mental health advocates. The legislation is named in honor of the late Timothy O'Clair of Schenectady, who committed suicide in 2001 as his family struggled to provide him mental-health treatment. He was 12. Timothy's Law also requires coverage for children with attention deficit disorder, disruptive behavior disorders or disorders that include suicidal symptoms. Someday, the law must be amended to serve more patients, and conditions. Someday, prejudice and ignorance against mental illness will give way to wider compassion. For today, New Yorkers should be thankful that their state had come this far. Governor Signs Timothy's Law WHAM-TV (Rochester) December 26, 2006 By Kyle Clark Governor George Pataki has signed off on a bill known as ?Timothy?s Law? that could change how much New York families pays for health care. The measure will require greater health coverage for mental illnesses, including depression and eating disorders. It is named in honor of a 12-year-old boy from Albany who killed himself in 2001 after failing to get the care he needed. Timothy's Law mandates mental health parity, which means mental illnesses will be covered by insurance, just like physical illnesses. For years, Debbie Bartlett worked for a service referring other people to mental health counseling. That was before her own son, Randy, was diagnosed with Bi-Polar Disorder. Suddenly Debbie was the one looking for help. "We thought all you had to do was make a phone call and you'd get an appointment and everything works great,? Bartlett said. ?(It) didn't quite work that way.? Bartlett became a crusader for better mental health care and sought to end insurance plans that fail to cover mental illnesses. The bill forces companies with more than 50 employees to offer mental health insurance. Smaller companies do have the option to offer health insurance, too. So far, 40 states have Timothy?s Law in place. Bartlett said the 39 other states with similar laws haven't found that medical costs have skyrocketed, and she feels businesses could benefit from covering medical illnesses. "People who are severely depressed or people with children who have severe mental illnesses lose all kinds of productivity. They lose days from work. They lose focus at the office. Who can concentrate when you're wondering if your child is at home suicidal?? Bartlett said. Timothy's Law takes effect January 1, but it only covers biologically based mental illnesses and not ones related to substance abuse. NY Gov Signs 'Timothy's Law' Requiring Insurance Coverage for Mental Illness Daily New Central (Las Vegas, NV) December 23, 2006 Contributed by William Angelos In New York, insurance companies will now be required to include coverage for treatment of most mental illnesses in their policies under a new law signed by Gov. George Pataki on Friday. New York Gov. George Pataki on Friday signed "Timothy's Law," in one of the final official acts of his administration. The measure mandates that insurance companies provide coverage for most mental illnesses. Under the law, insurance companies must cover at least 20 outpatient visits and 30 inpatient visits per year for treatment of mental illnesses such as schizophrenia, depression, attention-deficit disorder and eating disorders. It will not, however, require coverage for treatment of post traumatic stress disorder, or for drug and alcohol dependencies -- a concession that was necessary to win sufficient support to pass the bill. Its sponsors have vowed to add those disorders to the list covered by the new law in future years. Opponents have argued that "Timothy's Law" will result in a rise in insurance premiums and place a burden on small businesses, but those with fewer than 50 employees won't have to pay for the additional coverage -- the state will subsidize the cost. However, larger firms will be required to foot the bill. The law is named for Timothy O'Clair, who took his own life in 2001 at the age of 12. Because his family's health insurance did not cover Timothy's mental illness, his parents, Tom and Donna O'Clair, were forced to give up custody of him so that he could qualify for treatment state-funded treatment. Timothy's parents struggled for years to win support for a legal requirement that insurance policies include coverage for treatment of mental as well as physical ailments. 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