[Timothy's Team] Timothy's Team Alert!

Wed Dec 13 23:16:02 EST 2006

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> 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.

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