From mseereiter at mhanys.org Wed Sep 13 16:49:43 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Wed, 13 Sep 2006 16:49:43 -0400 Subject: [Timothy's Team] Timothy's Team Update - SENATE RETURNING TO ALBANY TO TAKE UP TIMOTHY'S LAW! In-Reply-To: <006d01c6a51a$ca332500$3f01a8c0@MHA> Message-ID: <010f01c6d776$24886870$4001a8c0@MHA> IT'S OFFICIAL - NYS SENATE TO RETURN TO ALBANY THIS FRIDAY TO TAKE UP TIMOTHY'S LAW! JOIN FELLOW TIMOTHY'S LAW SUPPORTERS IN ALBANY FOR THE VOTE! As had been rumored for several weeks, the NYS Senate has officially announced that it will be returning to Albany this Friday, September 15th, to address, among other issues, Timothy's Law. Following up on the agreement reached between the Senate and Assembly at the end of the Regular Legislative Session in June, the Senate will be considering passage of S.8482. Specifically, the bill will require employers of all sizes that offer health insurance to provide at least 30 inpatient days and 20 outpatient visits of mental health care. In addition, such coverage will be accompanied by co-payments that are no longer far in excess of the co-payments charged for accessing other health services covered by an insurer. In order to address the Senate's concerns with regard to small businesses, this bill will hold employers with fewer than 50 employees harmless from any potential cost increases. For employers with 50 or more employees, they will be required to provide coverage that eliminates all arbitrary limits on mental health coverage for a specific list of "biologically based mental illnesses." This bill, while not ideal, represents a good first step toward eradicating discrimination in health insurance for people living with mental health needs. The Senate has officially announced that they will resume "in Session" at 2:30 on Friday. Timothy's Law advocates from all over the state are expected to join in this momentous occasion to watch from the gallery as the Senate debates and votes on Timothy's Law. Tom O'Clair invites all Timothy's Law supporters to join him in Albany, in the Senate lobby on the 3rd floor of the NYS Capitol, at 1:30 on Friday to show support and watch as the NYS Senate takes up (and hopefully passes) Timothy's Law! IN THE NEWS: Timothy's Law -er, Agreement The Journal News Editorial, July 9, 2006 By Laurie Nikolski They won. Sort of. I think. We're well into July, and most state lawmakers have long since scattered to the winds, or at least dryer climates. For people with mental illness and emotional disabilities, and their advocates, the Albany crowd left behind hope. And bewilderment. It was high drama to which only a few were privy. At the 13th hour of the legislative session late in June, state legislators came to agreement on probably the top health-rights issue in New York: insurance parity for mental illness. After years of resistance and bowing to business interests, the GOP-dominate state Senate agreed with the Democratic-led Assembly that medical coverage and treatment for people with mental disorders should be on a par with physical ailments. Sort of. I think. News stories, and rumors, had see-sawed until the bitter end: Compromise, maybe. Nope, dead bill. No, flicker of hope. Wait - could it be? Compromise bill. Just not in time for real passage. The session ended, but not to worry, lawmakers assured us: They'll be back later this year, sure to pass Timothy's Law Light. Outgoing Gov. George Pataki may, just may, sign it. Lawmakers' pride ran deep. Advocates - who had run a stubborn grass-roots campaign to convince them that securing mental-health coverage was both the practical and moral thing to do - cheered the deal as major progress. Majority Leader Joseph L. Bruno, who had stood in the way for so long, crowed in his official Senate press release: "Mental illness can result in tragedy if it is not properly treated, however many families do not have access to the proper treatment. This agreement would provide parity in coverage and would help people get the treatment they need.'' Um. Sort of. Thomas O'Clair went home to Schenectady exhausted. Timothy's Law is named after his son, a 12-year-old boy who took his life in 2001. His parents had used up their insurance benefits to try to get him help, eventually giving up custody of the boy to the state so he could get better treatment via Medicaid. Even that desperate tactic didn't save his life. So ever since, Thomas O'Clair has been fighting alongside groups like the Mental Health Association in New York State for a parity law. This year, they turned up the heat under state senators, all of whom are up for re-election this fall. What, exactly, was won? After all, as Gannett News Service reported in the waning days of the session, "Business groups and insurance companies have mounted strong opposition to Timothy's Law. The Conference of Blue Cross and Blue Shield Plans has said passage of the bill could mean long-term, possibly lifelong, unlimited treatment.'' Did those gosh-darn scheming mentally ill people actually get long-term, unlimited treatment? No. If you can make heads or tales of the bill that didn't officially pass yet, it seems they may get out of insurance policies . Hospitalization for mental illness for up to 30 days a year; . Up to 20 visits annually with a psychotherapist; . Lower copays for some treatments. Not to worry: The powerful business sector won, too. After all, The Business Council of New York State had warned legislators on its Web site of dire consequences if Timothy's Law passed as envisioned. "The Business Council respectfully opposes (its) enactment . . . because increasing the cost of insurance benefits is not healthy for businesses or families.'' More ominously, the council's legislative memo concludes with a nudge in lawmakers' ribs: "This legislation will be included as one of the scoring measurements . . . (in the) Council's annual assessment of legislators' action on key issues of concern to the state's business community.'' In other words, our business people vote more than your mentally ill ones. And don't you forget it. So the Senate got clever. The bill - sorry, make that agreement - calls for the state to cover any extra cost for businesses in New York that have 50 or fewer employees. The estimate for that coverage: around $50 million a year. Yet the creativity didn't stop there. For a while lawmakers tossed around the idea of letting insurance companies decide what types of mental illness was covered. This is like letting teens decide which chores they would like to do. Then legislators took the matter in hand. They - not doctors, not therapists, not researchers - defined what Timothy's Agreement would cover: "biologically based mental illness,'' Bruno's office wrote, including "Schizophrenia/physchotic (sic) disorders, Major Depression, Bipolar Disorder, Delusional Disorders, Panic Disorder, Obsessive Compulsive Disorder, Bulimia, Anorexia and Binge Eating.'' Not covered, the press release failed to point out: treatment for addictions. Elected officials apparently are sure that binge eating is "biologically based,'' but drug and alcohol addictions are not? Never mind that the federal government estimates that there are more than 10 million Americans who have "co-occurring'' mental illness and substance-abuse disorders. And some of them may live in New York. It will be entertaining to see how treatment providers bill those patients. Finally, lest anyone think they went too far, the legislators built in extra protections The would-be law will sunset after two years, during which time two state departments, Insurance and Mental Health, will study the "effectiveness and impact'' of mental-health parity here and elsewhere. Rest assured, though: State lawmakers did not cave on one compromise that had floated through the chambers: not covering children. See, if they had done that, then they would have to rename Timothy's Law after a grown-up. Or themselves. It's Timothy's Time Syracuse Post Standard Editorial, August 18, 2006 Rewind the clock five years. Timothy O'Clair, a 12-year-old tormented way beyond normal adolescent angst and anxiety, gets the mental health care he so desperately needs. His parents don't have to frantically search for treatment for the boy - beyond the 20 outpatient visits allowed by insurance. They don't have to pay co-payments that are higher than those required for physical illnesses. They don't have to try to pay for his care when the insurance runs out. They don't have to relinquish custody of Timothy to the state, in hopes of getting him better medical treatment. Timothy gets help, and instead of hanging himself just a few weeks before his 13th birthday, he enters his teen years hopeful about his future, eventually graduating with the class of 2006. That scenario would only have been possible if a law had existed ensuring parity between mental health and physical health coverage. But finally, after a relentless, five-year fight by Tom O'Clair on behalf of his son's memory, the Legislature and Gov. George Pataki could make Timothy's Law a reality. It was a worthy battle waged by O'Clair, who visited Syracuse last week. For too long, as if stuck in a medieval mindset, the state has sanctioned two sets of standards for illness - mental and physical. It has allowed insurance companies to dicker over mental health benefits - restricting or denying coverage - or requiring more out-of-pocket costs. Perhaps most ashamedly, the debate has focused on costs - as if patients who suffered from mental illnesses were less worthy of coverage than those who had a broken leg. Certainly, health costs are astronomical all around - and many businesses are feeling the strain. But the answer isn't to deny much-needed mental health services. Indeed, the advocacy organization www.timothyslaw.org argues that the nation already pays nearly $80 billion a year in costs related to not covering mental illness. Among the bill's provisions: coverage for 30 inpatient days and 20 outpatient days; co-payments equal to those for physical illnesses, and full coverage for children for certain mental health illnesses, including the disruptive behavior disorders that affected Timothy. The bill isn't perfect. Its provisions may temper a hostile campaign against the bill by the Business Council by covering added costs of businesses with 50 or fewer employees. But legislators have stepped into a murky area by excluding addictions (including eating disorders) in the provision. The bill does have a sunset clause that allows reviewing and revision after three years. The Senate is expected to vote on the bill in September, and the Assembly, which has always supported the law, later in the year. The bill deserves universal support - on behalf of all the Timothys who need help, not hassles. A chance for change State Senate has opportunity now to act Long Island's Newsday Editorial September 12, 2006 State senators are running hard to avoid being swept away this fall in what some fear will be a Democratic tidal wave. But the Republican majority can impress voters - after a lackluster spring session - by not squandering a chance this week to take care of some important unfinished business. GOP senators, including the nine-member Long Island delegation, should act on Assembly bills that would improve budget making, environmental protections, and access to mental health care and prescription drugs. And they should be careful about approving appointments by fellow Republican Gov. George Pataki that are aimed at making it harder for a new, potentially Democratic governor to clean house. On budgeting, Albany must make the process less secretive and less controlled by majority leaders. Reforms include greater disclosure of pork-barrel spending, more use of public conference committees, a later budget deadline, and an independent office - not one controlled by the lawmakers - to certify revenue and spending estimates. On health care, legislators are close to approving the long-sought Timothy's Law, which would require similar insurance coverage for mental and physical ailments. Currently, people seeking treatment for depression or substance abuse often have higher premiums and co-pays - if they can get coverage at all. Fairness aside, businesses in other states have found that the nominal increase in premiums is more than offset by improvements in worker productivity. To reduce costs for the state and consumers, the Senate should mandate bulk purchasing of drugs for all public health programs, as well as the disclosure by physicians of gifts greater than $75 from drug-company sales representatives. This will save money and strengthen consumer confidence that doctors are prescribing the best and cheapest drugs. To improve the landscape and water quality, the Senate can green its record by approving a bottle bill that covers noncarbonated beverage containers and extending the reach of the state's wetlands protection to smaller parcels. If your senator doesn't do these this week, ask him why when he asks for your vote. New Law Could Help Depression Sufferers Get Health Care They Need NY1 September 11, 2006 Nearly 20 million American suffer from depression, but for many roadblocks to insurance coverage can make getting the right treatment virtually impossible. That seems to be the case for some patients seeking a device that treats patients for a form of depression once deemed un-treatable. NY1 Health and Fitness reporter Kafi Drexel filed the following report. Thirty-year-old Andrea Taylor has struggled with treatment-resistant depression for years, something nearly four million Americans suffer from. So when a new, implantable device that might help was approved by the FDA just over a year ago, she thought she'd finally found a solution. "I needed something. My choices were running low, so I needed something to work," says Taylor. Taylor who'd been hospitalized and suicidal, looks at the Vagus Nerve Stimulator, or VNS Therapy as a potential lifesaver. The battery-powered generator sends signals to the brain to alleviate depression. But on her first three attempts to get coverage she was denied. "There's no way I would have been able to afford it," says Taylor. "Even before it was approved I was considering going to Canada, because my best friend and brother live there and it has been approved in Canada. But economically, I mean I have some savings, but I don't have $25,000 to spend on this." With the help of the maker of the device, Cyberonics, Taylor was finally able to win approval from Empire Blue Cross/Blue Shield based on an external review process. But according to Cyberonics, Taylor is only one in a handful of patients who've been able to get coverage. Dr. Sarah Lisanby of the New York State Psychiatric Institute at Columbia University says she has waiting lists of patients trying to get VNS Therapy, mostly due to issues with access to coverage. "In my practice, I do have patients who have exhausted all the conventional therapies and still have treatment resistant depression," says Lisanby. "For them we'd like to have access to something that's now been approved for that condition. Part of the problem in New York State: currently private insurance companies aren't required to provide coverage from mental health treatment issues, even with FDA approved treatments like VNS. "Anything that they can classify as experimental or not medically necessary, they do have the power under current law to deny," says New York State Insurance Department superintendent Howard Mills. "This situation has given rise to Timothy's Law, which is legislation the Senate is expected to pass, and if Governor Pataki signs it, will require that private insurers will provide mental health coverage on par with all other health insurance coverage that they provide." In the meantime, Taylor says finally getting covered has given her something she didn't have before: hope. "There's the opportunity that this is something the medicine hasn't been able to do for me, that psychotherapy hasn't been able to do for me. Right now I just merely exist and I'm hoping to live," says Taylor. - Kafi Drexel Timothy's Law Would Help Prevent Suicide. Letter to the Editor Schenectady Daily Gazette I would like to respond to the letter July 30 [by Nancy Sheltra and Joanne Cleveland], regarding the death of their sister by suicide. I was struck by the statement, "She was hopeful about getting into Ellis Hospital's day program, but the program was held up for her because her husband's insurance wouldn't cover it." Our state legislators have had the opportunity to correct such a grave situation from happening With a mental health parity bill, commonly known as Timothy's Law. Parity means that mental health services would be treated the same as any other medical services. Medicaid would have paid for the program. Here lies the problem: In order to be Medicaid-eligible, one has to spend down resources to poverty level. Therefore, without medical insurance coverage, this woman, along with many others in the middle class, cannot afford such treatment. Once again the bill passed the Assembly this year. The Senate has an opportunity when it returns in the fall to pass this bill. I encourage people to contact their senators and urge them to pass Timothy's Law. Mental health parity will prevent unnecessary loss of life. KAREN GAROFALLOU Troy The writer is director of programs and services at the Independent Living Center of the Hudson Valley. Law Would Help Pay Insurance Auburn Citizen, August 8, 2006 by Amanda Derby While we can't celebrate it as a law yet, Timothy's Law may just become that, after an agreement was reached in Albany between the Senate and Assembly in late June. Timothy's Law is a bill that would provide parity in insurance coverage for mental illnesses. This agreement is expected to be acted on officially once the Legislature reconvenes. "After four and a half years, it is gratifying to see the Legislature coming together and recognizing the difficulties confronting families who need mental health insurance coverage. I look forward to the day when Timothy's Law is the law, and I urge this bill to be finalized as soon as possible," said Thomas O'Clair, Timothy's father after the agreement was reached. Timothy's Law was named after Timothy O'Clair, who hung himself in March of 2001 at the age of 12. His parents spent nearly five years trying to seek the necessary supports and services for his emotional disorder without success. The O'Clair's had health insurance through Thomas O'Clair's job with the New York State Thruway Authority. Their policy only allowed 20 outpatient visits per year for the psychiatrist and psychologist combined. Initially their physical health and mental health insurance co-payments were $10 per visit; however mental health visits became $35 each after just a few visits. As the family used up their coverage, they had to begin to pay for all appointments. Additionally, they found themselves having to pay for his extended hospitalization stays. The Timothy's Law Campaign announced the agreement. "The agreement requires health insurance policies sold in New York state, not exempt under Federal law, to provide at least 30 inpatient days and 20 outpatient visits for mental health treatment. Perhaps more importantly, co-payments for accessing such services will be equalized with other co-payments for physical health needs included in a policy. This will bring to an end the exorbitant co-payments, often in excess of $50 per visit, commonly required to access mental health services. Affected insurance plans will have to cover conditions in a manner comparable to the insurance state employees and state legislators have access to under the Empire Plan. Small employers of 50 or fewer employees will be held harmless from any potential premium increases," the Web site reported. The agreement would also require insurance companies to fully cover treatment of biologically based mental illnesses including bipolar disorder, major depression, panic disorder, obsessive-compulsive disorder, anorexia, bulimia, schizophrenia/psychotic disorders, attentiondeficit/ hyperactivity disorders, disruptive behavioral disorders and pervasive developmental disorders. Small employers would have the option to purchase this same coverage. It should be noted that when Assembly bill 2312-A went up for a vote in the Assembly this past March, 134 Assembly members voted for it, nine voted against it. Of our Assembly members, only Assemblyman Gary Finch voted in the affirmative. Both Assemblymen Brian Kolb and Bob Oaks voted against it. This is only an agreement, so celebration for healthcare parity might be premature. We'll let you know once the Legislature reconvenes if this agreement becomes official and Timothy's Law is voted on and then signed by the governor. Amanda Derby is the housing advocate for Options for Independence 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 Sep 15 18:28:23 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Fri, 15 Sep 2006 18:28:23 -0400 Subject: [Timothy's Team] Timothy's Team Update - NYS SENATE PASSES TIMOTHY'S LAW!! In-Reply-To: <010f01c6d776$24886870$4001a8c0@MHA> Message-ID: <009301c6d916$42c6cab0$4001a8c0@MHA> NYS SENATE PASSES TIMOTHY'S LAW 55-0!! In what is truly a landmark event, members of the NYS Senate unanimously passed the agreed upon version of Timothy's Law today. Tom O'Clair was joined by the slew of advocates from Albany who have worked toward passage of parity legislation, but also by individual advocates from Long Island, Binghamton, Syracuse and other areas throughout the state. Beginning a little after 4:00 p.m., Timothy's Law (S.8482) was brought to the floor of the Senate for a vote. With absolutely no debate, Senators rose to explain their votes in support of the measure. Senate Majority Leader Bruno (R-Brunswick) began by talking about how overdue this legislation is, and that while he is unsure about how the Governor will act when the bill arrives at his desk for consideration, he sincerely hopes the Governor will sign the bill into law. Senator Bruno recognized the hard work of Senators Libous, Morahan, and Duane, and the advocacy of Tom O'Clair and other Timothy's Law supporters gathered in the Senate gallery. Bruno also discussed how this day would not have been possible without some compromise on the part of everyone involved. Senator Thomas Libous (R-Binghamton), the prime sponsor of this legislation in the Senate, then rose to tell part of Timothy's story and how the work toward this day had been a long, hard road filled with plenty of difficulty and disagreements. Lastly, Senator Libous defended Timothy's Law against the claims about excessive cost, explaining that the real "cost" was that which Timothy and others have paid, with their lives. Senate Mental Hygiene Chair Thomas Morahan (R-New City) then rose to speak on the bill, followed by Senator Joseph Robach (R-Greece) and Senator John DeFrancisco (R- Syracuse). Then, Senator Thomas Duane (D - Chelsea), a long-time supporter of mental health and addiction treatment parity legislation, and a sponsor of similar legislation to that which passed, rose to say that few moments would compare to today's passage of Timothy's Law in his Senate career. Senate Deputy Minority Leader Eric Schneiderman (D - Manhattan) then spoke and reminded Senators and guests of the last time he had risen to speak on Timothy's Law a few years before, when he had turned to the O'Clair family and told them, "I'm sorry, I'm sorry, I'm so very sorry" that the Senate was not taking action on Timothy's Law. Today, Senator Schneiderman turned to Tom and other advocates to say, "Thank you, thank you, thank you" for your unending advocacy. Senator Frank Padavan (R - Queens), a former Senate Mental Hygiene Committee Chair rose to speak on the bill, noting that the last time the Senate had taking action to address the availability of mental health services was in 1977 when it had passed legislation to mandate that insurance plans make mental health services available to those who wanted to purchase such coverage. He added that he believed that Timothy's Law makes good business sense and will help employers curb the costs of untreated mental illness in their employees. Senator Betty Little (R - Queensbury) then spoke on the bill, followed by Senator Ruben Diaz, Sr. (D - Bronx), Senator Liz Krueger (D - Manhattan), Senator Nick Spano (R - Yonkers), Senator Carl Marcellino (R - Syosset), Senator George Maziarz (R - Newfane), Senator Martin Connor (D - Brooklyn), and Senator Michael Nozzolio (R - Seneca Falls). The bill will be delivered to the Assembly, where all indications are that they will take up this measure when they return at a date to be announced later. Following below is the Senate's press release on the passage of Timothy's Law. News from the Senate Republican Majority, Senator Joseph L. Bruno, Majority Leader Date: 09/15/2006 Office: Bruno Title: SENATE PASSES "TIMOTHY'S LAW" TO PROVIDE MENTAL HEALTH PARITY FOR RELEASE: Immediate, Friday, September 15th, 2006 http://www.senate.state.ny.us SENATE PASSES "TIMOTHY'S LAW" TO PROVIDE MENTAL HEALTH PARITY The New York State Senate today passed "Timothy's Law," sponsored by Senator Tom Libous (R-C, Binghamton), to provide parity in insurance coverage for mental illnesses. The legislation would require insurance companies to cover most mental illnesses and would require coverage for a broad range of mental illnesses and conditions specifically related to children. The bill reflects an agreement with the State Assembly that was reached at the end of the regular legislative session. Senate action on the legislation (S.8482) was announced today at a Capitol news conference where Senate Majority Leader Joseph L. Bruno and Senator Libous were joined by Tom O'Clair of Rotterdam, whose 12-year-old son Timothy took his own life in 2001 after repeated bouts of depression. "I'm very pleased that we've been able to work together to craft this bill that we're passing today in remembrance of Timothy, and to help other individuals affected by mental illness," said Senator Libous. "Not only is this legislation providing access to mental health coverage, but it also has built in safeguards to protect small businesses and their employees." "Mental illness can result in tragedy if it is not properly treated. However, many families do not have access to the proper treatment," said Senator Bruno. "This legislation would provide parity in coverage and help people get the treatment they need. I applaud Senator Libous for the hard work he has done to address such a complex issue, and also Tom and Donna O'Clair, who have courageously advocated on behalf of this legislation since the tragic loss of their son, Timothy, five years ago." "Today is a landmark day for New Yorkers suffering with mental illness and disorders," said Tom O'Clair. "It's a wonderful testament to what the Legislature can accomplish when they work together and a heartfelt tribute to Timothy. I thank the Senate and look forward to the Assembly's return so they can pass it as well." "As Chairman of the Senate Mental Health Committee, I want to thank Senator Libous for his role in sponsoring this important mental health legislation," said Senator Tom Morahan. "I am pleased that the Senate passed 'Timothy's Law,' which provides parity in coverage, and represents a vital step in providing services for individuals with mental illnesses. I also want to commend the many mental health advocates and caring New Yorkers who worked so hard to secure agreement to cover biologically based mental illnesses, as well as a broader range of coverage for children." The legislation includes the following provisions: COVERAGE FOR TREATMENT OF MENTAL ILLNESSES The agreement would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for all mental illnesses. The agreement would also require insurance companies to fully cover biologically based mental illnesses, including the following: Schizophrenia/psychotic disorders, Major Depression, Bipolar Disorder, Delusional Disorders, Panic Disorder, Obsessive Compulsive Disorder, Bulimia, Anorexia and Binge Eating. COVERAGE FOR CHILDREN WITH MENTAL ILLNESS In addition, the agreed upon bill would require insurance coverage for children under age 18 with attention deficit disorder, disruptive behavior disorders or pervasive development disorders where there are serious suicidal symptoms or other life-threatening self-destructive behavior; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that placed the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that placed the child at substantial risk of removal from the household. To address cost concerns raised by small businesses, the agreement directs the state Superintendent of Insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure. The bill would also require the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. When enacted, the bill would take effect January 1, 2007 and sunset on December 31, 2009, to provide for an opportunity to amend the law based on the findings and recommendations of the study. Paige Pierce, Executive Director of Families Together in New York State, 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 their 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 Senate passes Timothy's Law. We want to thank the Senate for passing Timothy's Law today. We are grateful for the Assembly's support and look forward to the day it is signed into law by the Governor. On that day our families will truly celebrate." Glenn Liebman, CEO of the Mental Health Association in New York State, Inc., said: "We commend the members of the New York State Senate and their staff for their work to make this day, on which this historic legislation is passed, a reality. Timothy's Law supporters throughout New York State are now counting on the New York State Assembly to return to Albany to pass this legislation and for Governor Pataki to sign this bill into law when it arrives at his desk for his consideration. Only then will New York join the majority of other states working to eliminate unnecessary barriers to mental health treatment, allowing people to live full and productive lives, and beginning to curb the annual loss of billions of dollars caused by untreated mental illness that plague businesses of all sizes and our economy as a whole." 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." J. David Seay, Esq., Executive Director of the National Alliance on Mental Illness of New York State (NAMI-NYS), said: "Senate Majority Leader Joe Bruno and Senator Tom Libous are to be commended for getting Timothy's Law through the New York State Senate. Their dedication and hard work will benefit countless New Yorkers and their families who daily struggle to live and cope with serious mental illness. Their skillful mix of compassion and compromise will help to avoid untreated and under-treated mental illness in the future and the heartbreaking suicides of New Yorkers like Timothy O'Clair." 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 bring Timothy's Law this far, and we look forward to enjoying similar support in the Assembly and from Governor Pataki later this year when the bill reaches their desks." Jeff Wise, President / CEO of New York State Rehabilitation Association, said: "We highly commend the Senate for moving to correct a patently unfair - and ultimately costly - form of discrimination regarding adults and children with very real health issues. With the concurrence of the Assembly and the Governor, New York's law will be one that matters. It is a credit to all involved - legislators and their staff, advocates, and the huge contingent of New York's citizens who have expressed support for this step. All have been admirably and touchingly led by Tom O'Clair and family, whose tireless and selfless efforts to make things better are nothing short of inspirational." 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 government 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." Richard El Barnes, Executive Director of the New York State Catholic Conference, said: "For too long, mental illness was considered to be somehow not as serious a problem as physical illness. With this legislative agreement, New York State has put that falsehood to rest. Timothy's Law will ensure that those who suffer the devastating effects of mental illness will not be denied the services they need. The Catholic Bishops of New York State are most grateful to the legislative leaders, Senator Bruno and Speaker Silver, as well as sponsors Senator Thomas Libous and Assembly Member Paul Tonko for coming to a resolution in this long-standing struggle." Reinaldo Cardona of the National Association of Social Workers, New York State Chapter said: "We commend the Senate 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 look forward to the Assembly returning in the near future to take swift action to pass Timothy's Law, so that this fair and affordable solution that will save lives and families may be signed into law by Governor Pataki as soon as possible." 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 Senate and all who have worked to further 'mental health parity' in New York State. We look forward to the Assembly's return for passage in their house and to Governor Pataki signing this crucial legislation when it is delivered to his desk." The bill was sent to the Assembly. #### 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: -------------- next part -------------- A non-text attachment was scrubbed... Name: atta3a1f.gif Type: image/gif Size: 6100 bytes Desc: not available URL: From mseereiter at mhanys.org Wed Sep 20 17:25:47 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Wed, 20 Sep 2006 17:25:47 -0400 Subject: [Timothy's Team] Timothy's Team Update 9/20/06 - Press Coverage From Senate Passage of Timothy's Law In-Reply-To: <009301c6d916$42c6cab0$4001a8c0@MHA> Message-ID: <008701c6dcfb$57f9f9a0$4001a8c0@MHA> Fixing mental health? Despite cynical timing, Senate's Timothy's Law represents a big step. The Journal News Editorial September 20, 2006 Say what you will about the state Senate's passage of the so-called Timothy's Law ? and there is much to say ? the fact is, after more than 20 years of advocates' trying, New York just may join at least 44 other states and require insurers to offer some kind of mental-health coverage. For some of the people, some of the time, maybe even starting Jan. 1. Anyway, it's a start. A rocky history During a special session, the previously resistant Senate approved, 55-0, a bill to require that private-sector insurers provide modest medical treatment for certain categories of mental illnesses and conditions. Such legislation had long been opposed by many Republicans, who control that house, as well as business groups and health insurers, who complained about cost. The Democratic majority in the Assembly had long favored such mental-health "parity,'' coverage for treatment on a par with physical illnesses. At the end of both the 2004 and 2005 legislative sessions, thanks to vocal advocates ? including the father of an upstate boy, Timothy O'Clair, who committed suicide five years ago after his family could not access appropriate treatment ? the Legislature seemed close to some sort of deal. Each fell through. This year, until the very last minutes of the regular session, a compromise seemed imminent. It, too, collapsed. Change of heart Just days after the state primary leading to the Nov. 7 general election, the Senate returned to Albany Friday and passed a Timothy's Law that was weaker than what the Assembly had wanted. Perhaps the unexpected gesture by the Senate leadership indicated a simple change of heart over the summer about the needs of the mentally ill, who represent an estimated 4 percent of the population. Or perhaps because the Senate was in town to confirm many of Gov. Pataki's late-term appointments ? including his nominee to the state's highest court, Judge Eugene Pigott Jr. of the Buffalo area ? the Senate decided to put Timothy O'Clair in its sights as well. Whatever the reason, the Assembly now must decide if it wants to return for its own special session and accept the Senate's bill. If it does, the legislation heads to Pataki, who leaves office at the end of this year. Or, given all the contested races members face, the Assembly could wait until after the November election to re-group. Or the entire Legislature could put the whole issue off and wait until a new governor takes office Jan. 1. Close to home Senate Majority Leader Joseph Bruno, who long opposed mental-health parity bills as too expensive, has an adult granddaughter with anorexia who was recently the subject of a statewide search. He said at Friday's special session that "mental illness can result in tragedy if not properly treated. The public in some way picks up the tab.'' Afterward, he said that Pataki had indicated to him that the governor would sign the bill. Yet Pataki said later, "I don't recall that conversation.'' Clearly, Timothy's Law is more in limbo than out. Even if signed into law as is, it would expire after two years, when it would undergo an effectiveness and impact review by the state. Still, whether warm-and-fuzzy turnaround or common-sense political gesture, the Senate action was a breakthrough for New York. Of sorts. Voters should hardly be satisfied. Pataki Casts Doubt on Fate of Mental Health Measure Passed by the Senate The New York Times September 16, 2006 By RICHARD P?REZ-PE?A After one of the more intensive grass-roots campaigns that Albany has seen in years, the State Senate voted yesterday to require that health insurance plans cover treatment for mental illness. The Assembly is also expected to pass the bill, but yesterday, Gov. George E. Pataki cast some doubt on its chances of becoming law. The Senate majority leader, Joseph L. Bruno, a Republican, said at a news conference, ?I?ve talked to the governor about this, and the governor has indicated to me, this governor, that he would sign the bill when it gets there.? But minutes later, at another news conference, Mr. Pataki, a Republican, said only that he would look at the bill, which is expected to raise the cost of some health insurance policies. Asked about Senator Bruno?s claim that he had promised to sign the bill, Mr. Pataki said, ?I don?t recall that conversation.? Advocates for the mentally ill have campaigned for such laws since the 1980?s. Last year, 44 states and the District of Columbia required some kind of mental health coverage, according to the Blue Cross and Blue Shield Association, a national group. In New York, the Democratic majority in the Assembly had long favored the idea. It was opposed by business groups, health insurers and many of the Republicans who control the Senate. But in 2004 and 2005, a deal seemed imminent, but then talks broke down. This year, people who have mental illness in their families and organizations for the mentally ill stepped up the pressure, demonstrating noisily outside lawmakers? offices, the Senate chambers and even at a nearby baseball stadium where Mr. Bruno was throwing out the ceremonial first pitch at a game. Most prominent among them has been Tom O?Clair, whose 12-year-old son, Timothy, committed suicide in 2001. He drew widespread attention with his plainspoken persistence, often staying at the Capitol past midnight. The bill was dubbed Timothy?s Law, and Mr. O?Clair stood beside Mr. Bruno yesterday as he announced the Senate vote. ?We know how many people suffer from mental illness, and how few are able to come to grips with it, get treatment for it or even admit to themselves,? Mr. O?Clair said. ?Timothy?s Law will address the stigma, will help in eliminating it.? Mr. Bruno mentioned his own granddaughter, who was recently the subject of a statewide hunt when she went missing. He said that she suffers from anorexia. Several times in the last 10 years, New York lawmakers have told private-sector insurers that they must cover certain services ? infertility treatment and minimum hospital stays after mastectomies, for example. Business groups and insurers oppose the requirements, arguing that they raise the price of insurance and discourage people and businesses from buying it. Such state laws apply to about seven million of New York?s 19 million people, according to the Conference of Blue Cross and Blue Shield Plans. Millions more belong to employer or union plans that are governed by federal law and are exempt from state laws. And in both groups, many policies already cover some degree of mental health treatment. The bill would not apply to the more than six million New Yorkers on government plans like Medicaid and Medicare ? which also provide some mental health benefits ? or to the three million with no insurance. Estimates of the cost of a mental health mandate vary widely, but ?some plans have estimated about a 11/2 percent impact on premiums,? said Mark Amodeo, a spokesman for the statewide Conference of Blue Cross and Blue Shield Plans. Earlier Assembly proposals would have required much more than the current bill, including coverage of drug- and alcohol-abuse treatment, but they were whittled down in talks with the Senate, until a verbal deal was struck in June. The final version does not cover substance-abuse treatment. Also, it requires fewer services for adults than for children, while forcing the state to pay the resulting costs for businesses with 50 employees or fewer. The law would expire after two years, requiring legislators to reconsider the issue in 2008. This year?s regular legislative session ended in June, but the Senate convened for a few hours yesterday, and passed the bill, 55-0. Assembly members said they expect to convene briefly after the November election. For adults, the bill would require coverage of a number of specific conditions, including major depression, bipolar disorder, schizophrenia and eating disorders, and up to 30 days a year of hospitalization and 20 days of outpatient treatment. For people under age 18, other conditions are added, like attention deficit disorder, and the bill is much more broadly worded, requiring, for example, coverage for treatment of emotional disturbances that pose a risk of injury or significant property damage. Michael Cooper contributed reporting from Albany. N.Y. Senate passes bill requiring insurers to cover mental illness The Journal News September 16, 2006 By Cara Matthews (Note ? Similar articles also ran in the Rochester Democrat and Chronicle and Binghamton Press & Sun Bulletin) ALBANY ? After years of resistance, the Republican-led Senate unanimously passed legislation yesterday to require that insurers provide equal coverage for mental illness as for physical ailments. Senate Majority Leader Joseph Bruno, R-Brunswick, Rensselaer County, said the legislation would correct "inadequate and unfair laws in the state" regarding mental illness treatment. The measure had been blocked in the Senate for years because of concerns it would drive up business costs, but the Assembly and Senate reached a compromise in June. The Senate met in special session yesterday to act on the bill, known as "Timothy's Law," and on confirmations. "If you have a cancer, if you have a serious heart condition, there is no question that you get treated from the ailment to getting better or going on with your life," Bruno said. "With mental sickness, that has not been the case. Some companies cover for limited periods. Some companies cover more broadly and some companies for insurance cover nothing, none of it." The bill, which passed 55-0, provides for a minimum of 30 outpatient and 20 inpatient visits a year for mental illness, and the state would pick up the extra cost of premiums for businesses with fewer than 50 employees. Large employers would have to provide additional coverage for adults and children. The law would not apply to companies or governments that are self-insured because there is an exemption under federal law. The Democrat-led Assembly passed a more expansive bill earlier this year but would have to return to vote on the new version. No return date has been set. If passed, it will take effect Jan. 1. "I'm confident it will be this year," said Assemblyman Paul Tonko, D-Amsterdam, Montgomery County, the bill's sponsor in his house. Sen. Thomas Libous, R-Binghamton, carried the bill in his chamber. Gov. George Pataki, who has vetoed other mental-health laws this year, was noncommittal yesterday. "We'll need to see what happens with that and then take a look," said the Republican, who is stepping down at the end of the year. The legislation is named for Timothy O'Clair, a 12-year-old Schenectady boy who took his own life in 2001. His family's mental-health coverage was limited, and his parents had to give up custody of Timothy so he could qualify for state-paid treatment. Mental illness is a common affliction, but many people can't come to terms with it, admit they have it or get treatment, said Timothy's father, Tom O'Clair. The law would correct the disparity that has gone on far too long, he said. The potential cost of the law has been a concern for insurers and businesses, but opinions are mixed. It is unknown how much premiums will increase, and estimates on how much the state would pay out for small businesses have ranged from tens of millions of dollars to $60 million. "Pick a number," Bruno said when asked about the price tag. Timothy's Law was opposed by the New York State Conference of Blue Cross and Blue Shield Plans and Support Services Alliance Inc., a small-business group, because it is a mandate. The law could push the cost of health-care policies out of reach of vulnerable businesses, Chris Koetzle of the alliance said in a statement. The state Business Council opposed earlier versions of the bill but took no position on the compromise. The New York Health Plan Association, which represents HMOs, supported the measure because health plans would maintain what they call their "management of care" powers. Senate approves long-stalled mental health coverage mandate The Business Review (Albany) September 15, 2006 By Joel Stashenko State senators Friday approved a bill 55-0 which they had long resisted to require health care policies in New York state to cover treatment for mental and emotional illnesses. The state Senate's Republican majority dropped its opposition to the so-called mental health "parity" bill under an agreement reached in June, just before the Legislature concluded its regular 2006 session. The deal called for mandatory coverage for alcohol and drug treatment to be dropped from the legislation, and for the state to provide $50 million to $60 million to offset insurance cost increases for due to the parity bill for companies with 50 or fewer employees. The bill's chief Senate sponsor, Thomas Libous (R-Binghamton), said the bill is "long overdue." He said he hoped it would help more people overcome the "horrible stigma of mental illness and give people hope." State Sen. John DeFrancisco (R-Syracuse) said he did not think there was anyone in the Senate chamber Friday who hasn't suffered from mental illness or have a loved one who has. "It's a great day for those mental health advocates and those suffering from mental illnesses," DeFrancisco said. Sen. Thomas Duane (D-Manhattan) said in the next few years, the state Legislature should revisit the health insurance mandate and include alcohol and drug addiction treatment in the coverage requirement. The state Insurance Department will work out how the smaller companies will be reimbursed for additional coverage costs. The legislation requires policies to cover 30 days of inpatient treatment and 20 days of outpatient treatment for mental illnesses. They include schizophrenia, major depression, bipolar disorder, panic disorder, bulimia, anorexia and binge eating. The bill also requires policies to cover the children of workers under age 18 who need treatment for severe emotional problems. The legislation approved by the Senate Friday would take effect Jan. 1, 2007, and will run for two years. A study will be performed at the same time into the effectiveness and costs of the bill to help guide the Legislature in whether to extend or alter the mandate in two years. The state Assembly has yet to schedule a return to Albany to approve the bill and deal with other legislative issues facing that chamber. State Senate Majority Leader Joseph Bruno said Friday it was his understanding that Gov. George Pataki will sign the bill if it reaches his desk. But Pataki on Friday only promised to "take a look" at the bill if it gets that far. Of a promise to sign the bill that Bruno said Pataki made, the governor said, "I don't recall that conversation." State Senate passes Timothy's Law Whether Pataki will sign new mandate on health insurance for mental disorders unknown Albany Times Union September 16, 2006 By Rick Karlin, Capitol bureau ALBANY -- The state Senate Friday passed a bill forcing insurers to treat mental health disorders like any other medical ailment, but it was unclear if Gov. George Pataki would sign the measure before he leaves office at the end of December. "We'll look at it," was all Pataki would say of his plans for Timothy's Law, named for Timothy O'Clair, a 12-year-old Rotterdam resident who committed suicide in 2001 after repeated bouts of depression. The O'Clair family's insurance had given out and they were forced to give up custody of the boy so he could be treated. Since Timothy's death, his father Tom O'Clair has campaigned for measures to have mental health problems covered in the same way as physical ailments. Senate Majority Leader Joseph Bruno, R-Brunswick, said he was confident Pataki would sign the measure, which senators approved 55-0. But Pataki said he didn't recall discussing it with Bruno. It is unclear whether the Assembly will return to act on the bill before January, but the chamber has passed similar bills. "I'm totally hopeful," said Assemblyman Paul Tonko, D-Amsterdam, who has sponsored the latest Assembly bill. The law strikes a chord for Bruno, whose 20-year-old granddaughter, Rachel Bruno, disappeared this summer and was found in Manhattan with a man she met on the Internet. Bruno later explained the young woman had long suffered from severe anorexia, and that after her return she went into treatment. "All of us are touched in some way with a tragedy or an illness that deals with mental health," Bruno said. The bill requires insurers to cover attention deficit and other disorders for those under 18 if there are suicidal or dangerous symptoms. For all ages, it mandates coverage for biologically rooted mental illnesses like schizophrenia, major depression and bipolar disorder. Insurers would have to cover 30 inpatient days and 20 outpatient days. Insurers, including many of the state's Blue Cross and Blue Shield carriers, already offer such plans, but fear the law could drive up insurance costs, said Mark Amodeo, spokesman for the state conference of Blue Cross and Blue Shield plans. Lawmakers noted the law includes money to pay premium increases for companies with 50 or fewer employees. Some estimates on how much that would cost the state have run to $60 million. In the name of help State Senate's OK of Timothy's Law adds needed benefits, but it will cost more. Elmira Star-Gazette Editorial September 18, 2006 Morally, the state Senate's approval of the so-called Timothy's Law was the right thing to do. Financially, it could cost a little or a lot more in health insurance premiums. No one is quite certain. What is certain is that the Senate's 55-0 vote for the bill in special session on Friday has broken through longtime opposition to a measure that requires insurance plans in New York to add mental health treatment benefits for adults and children. The Assembly still must approve the bill, and Gov. Pataki must sign it, but the heavy lifting was in the Senate. The proposal had been caught up in a mixture of policy, money and emotions. The bill is named after Timothy O'Clair, a 12-year-old from Schenectady who killed himself in 2001 after his parents gave up custody of him so he could receive publicly financed treatment for his emotional problems. Under the law, health insurers must provide 30 days of inpatient treatment and 20 days of outpatient treatment. Timothy's Law would cost employers and their workers anywhere from about 3 percent to 10 percent, according to estimates in an Associated Press story. Companies would be required to fully cover "biologically based mental illnesses," including major depression, obsessive compulsive disorder, anorexia and binge eating, the AP reported, and other disorders. The impact probably won't be felt until the law has been in effect for a year. One proviso would make the state responsible for the extra cost for companies with 50 employees or fewer, and that's fair. Businesses and insurers had questioned the bill because of the added costs. Their concerns were valid, but many employers and insurance plans have moved in new directions with coverage for years of drug and alcohol abuse as well as counseling services. Timothy's Law is an extension of that to more severe mental disorders, and though this is going to hike premiums, the new law could save someone's life. Senate moves to require greater mental health coverage Newsday September 15, 2006 by Michael Gormley ALBANY, N.Y. -- The state Senate on Friday advanced a legislative agreement that would require health insurers to cover far more mental health treatment for adults and children. No one knows how much the proposed "Timothy's Law" would increase health insurance premiums paid by employers and workers, but most advocates and lawmakers expect premiums would rise. The estimated premium increases range from "minimal" to up to 10 percent, said Senate Majority Leader Joseph Bruno. Mark Amodeo, representing the New York State Conference of Blue Cross and Blue Shield Plans, said the companies' analysis shows premiums would likely rise less than 3.5 percent. "It might not sound like a lot, but it will add to the cost of coverage at a time when many employers are struggling to maintain the current level of coverage," he said. But Bruno said the cost, which he thinks will be minimal, is well worth it. He also said health care costs overall would decrease with early treatment of mental illness, as opposed to last-resort emergency room care. The measure passed 55-0. "Mental illness can result in tragedy if it is not properly treated," said Bruno, a Rensselaer County Republican, in Friday's special session. "The public in some way picks up the tab." Bruno said Gov. George Pataki told him he would sign the compromise with the Assembly, although Pataki said later that he didn't recall committing to the bill. He said he will review it when it's sent to him, after the Assembly votes on it. The Democrat-led Assembly could also return in a special session to approve the bill and send it to Pataki to sign it into law or veto. Or, the Assembly and Senate could adopt the bill in January and send it to the next governor. Democrat Eliot Spitzer and Republican John Faso are running to succeed Pataki, whose last term ends Dec. 31. Pataki and Faso said they would both sign Timothy's Law, but want safeguards to protect businesses from being saddled with another cost mandated by Albany. "This can truly avoid a tragedy," said state Sen. Hugh Farley, a Schenectady County Republican. He said the cost added to premiums is "a Catch-22, but you have to do it." The bill that has been proposed in some form for 20 years has been pushed by Tom O'Clair, a resident of Farley's district, since his son, Timothy, died. The 12-year-old killed himself in 2001 after his parents had to give up custody of him so he could get public-funded treatment for emotional problems. The bill would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for mental illness. Companies would be required to 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. As tears welled, Tom O'Clair stood next to Bruno as advocates and senators applauded him and his wife, Donna, who have been fixtures in the Capitol, lobbying for the law for years. "This is Timothy's work, and I'm his hands," the father said. State Sen. Thomas Libous, a Broome County Republican who sponsored the measure, said Timothy's Law would put New York among the top five states in requiring mental health coverage. "This is legislation that is long overdue," Libous said The Senate also confirmed Judge Eugene F. Pigott Jr. of the Buffalo area to join the state's highest court until Dec. 31, 2016. Gov. George Pataki nominated Pigott last month to the Court of Appeals. He will replace Judge George Bundy Smith. The Senate also confirmed many of Pataki's appointments, including his former communications director, Lisa Dewald Stoll of Oyster Bay, to important governing boards that regulate environmental, business, health and other issues. Pataki has been criticized for loading up his friends and allies to long-term state roles, but said he is simply fulfilling his duty as governor until his term ends. Democratic Sen. Liz Krueger complained the minority conference didn't receive notice of Pataki's 61 nominations until late Thursday. Senate Supports Insurance Parity For Mental Illness North Country Gazette September 15, 2006 ALBANY---The New York State Senate has passed "Timothy's Law," to provide parity in insurance coverage for mental illnesses. The legislation, which has been sent to the Assembly, would require insurance companies to cover most mental illnesses and would require coverage for a broad range of mental illnesses and conditions specifically related to children. The bill reflects an agreement with the State Assembly that was reached at the end of the regular legislative session. Senate action on the legislation (S.8482) was announced Friday at a Capitol news conference where Senate Majority Leader Joseph L. Bruno and bill sponsor Sen. Thomas Libous were joined by Tom O'Clair of Rotterdam, whose 12-year-old son Timothy took his own life in 2001 after repeated bouts of depression. "I'm very pleased that we've been able to work together to craft this bill that we're passing today in remembrance of Timothy, and to help other individuals affected by mental illness," said Sen. Libous. "Not only is this legislation providing access to mental health coverage, but it also has built in safeguards to protect small businesses and their employees." The legislation includes the following provisions: COVERAGE FOR TREATMENT OF MENTAL ILLNESSES The agreement would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for all mental illnesses. The agreement would also require insurance companies to fully cover biologically based mental illnesses, including the following: Schizophrenia/psychotic disorders, Major Depression, Bipolar Disorder, Delusional Disorders, Panic Disorder, Obsessive Compulsive Disorder, Bulimia, Anorexia and Binge Eating. COVERAGE FOR CHILDREN WITH MENTAL ILLNESS In addition, the agreed upon bill would require insurance coverage for children under age 18 with attention deficit disorder, disruptive behavior disorders or pervasive development disorders where there are serious suicidal symptoms or other life-threatening self-destructive behavior; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that placed the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that placed the child at substantial risk of removal from the household. To address cost concerns raised by small businesses, the agreement directs the state Superintendent of Insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure. The bill would also require the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. When enacted, the bill would take effect January 1, 2007 and sunset on December 31, 2009, to provide for an opportunity to amend the law based on the findings and recommendations of the study. Paige Pierce, executive director of Families Together in New York State, 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 their 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 Senate passes Timothy's Law. We want to thank the Senate for passing Timothy's Law today. We are grateful for the Assembly's support and look forward to the day it is signed into law by the Governor. On that day our families will truly celebrate." 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 Tue Sep 26 14:53:49 2006 From: mseereiter at mhanys.org (Michael Seereiter) Date: Tue, 26 Sep 2006 14:53:49 -0400 Subject: [Timothy's Team] Timothy's Team Update - E-mail Governor Pataki to show your support for Timothy's Law In-Reply-To: <009301c6d916$42c6cab0$4001a8c0@MHA> Message-ID: <010d01c6e19d$1aee2e90$4001a8c0@MHA> Binghamton Press & Sun Bulletin gets it right - E-mail Governor Pataki to show your support for Timothy's Law. See below. IN THE NEWS: Send governor a face he'll remember Binghamton Press & Sun Bulletin September 24, 2006 Ever tried a chocolate-covered insect? Me neither. That'll be our secret. I was supposed to eat one as part of my job as a judge for the "Men Who Cook" fundraiser held recently in Binghamton, an event that supports the Mental Health Association of the Southern Tier. It was a jovial and delicious evening, during which I and the other judges were required (poor us) to sample dishes made by more than 20 local male chefs. My excuse for avoiding the insectoid bonbons was that I could tell by SIMPLY LOOKING that they were delicious. There were beaucoup other wonderful dishes to eat -- but there was also a wonderful moment that took place at the event. That was when Tom O'Clair, a burly, bearded man in coveralls, approached the microphone. He told the story of his son, Timothy, whose face is tattooed on his beefy bicep. Timothy loved to fish, camp, bowl and build things. And he committed suicide just before his 13th birthday. Look at his face, posted on the Web site www.timothys law.org and you may have the same reaction I did: What a waste. What a beautiful boy. What a tragedy. Timothy O'Clair didn't have to die. His family knew he had a serious problem but their medical insurance, obtained through Tom's job for the New York State Thruway Authority, did not cover sufficient mental health care, particularly in-hospital treatment. On Sept. 15, one day after Tom O'Clair told his story and served up his barbecue (yes, he also was one of the "men who cook"), the New York Senate passed Timothy's Law, which eliminates discriminatory and unequal insurance coverage for mental health and substance abuse services. "This is a huge victory," said Susan A. Wheeler, president of the board of directors for the Mental Health Association of the Southern Tier. The law, she points out, will save everyone money, including small businesses, as the $1.26 cost per insured person per month is far less than the cost to the employer of one employee missing one day of work. But the battle isn't over -- Gov. George E. Pataki is expected to veto Timothy's Law. My feeling is if he just opens the Web page and looks at that face, he just might change his mind. So I had this idea: If everyone who reads this column e-mails Gov. Pataki a link to that Web page -- the one showing Timothy's face -- maybe he, too, could see the importance of Timothy's Law, a ray of hope in the darkness of mental health coverage. Maybe our governor will make that connection -- that this could have been his child, anyone's child. That mental health problems do not discriminate, although the laws that concern their insurance coverage do. Governors have to please a lot of people. They have to please big corporations, too. One would hope that every now and then they make a decision without worrying about who they please but because it is the right thing to do. E-mail Gov. Pataki through http://161.11.121.121/govemail, or by mail to Gov. George E. Pataki, State Capitol, Albany, N.Y. 12224. Send him Timothy's face. And tell everyone you know to do the same. Timothy's story should not repeat. Nobody should be refused mental health treatment because insurance companies say no. Extend help to mentally ill Poughkeepsie Journal Editorial September 21, 2006 Getting New Yorkers the care they need, regardless of whether they're suffering mentally or physically, is the aim of a bill awaiting approval by the state Legislature. Lawmakers need to quickly approve it and the governor should sign it into law. The legislation, known as Timothy's Law, requires parity in insurance coverage between mental illness and other health problems. Private insurance policies in the state currently limit coverage provided for mental health and substance abuse services or require additional co-payments from the insured. The bill is named for 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 the boy. They even relinquished custody of their son to get him treatment paid for by Medicaid, unable to afford the costly care on their own. The two houses of the Legislature reached an agreement on the bill at the end of the regular legislative session in June, but didn't have time to vote on it. The Senate approved the bill at a special session Friday. The Assembly has not yet committed to returning this year to vote on the bill, but has passed similar measures for several years. The legislation is long overdue and will bring New York in line with many other states. For years, much of the opposition arose from concerns of the costs to small-business owners. The compromise included 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 the additional insurance coverage will be more than offset by savings from lost productivity and expensive crisis care. The state needs to act soon to make this necessary change. Coping with and treating mental illness is difficult enough. Problems should not be compounded by having to struggle to get adequate insurance coverage. Assembly will pass Timothy's Law: Silver The Business Review (Albany) September 22, 2006 The speaker of the New York state Assembly says his chamber will stick by its agreement with the state Senate to pass the health-care policy mandate known as "Timothy's Law." Sheldon Silver (D-N.Y.) said passage of the bill may have to wait until after the first of the year. The state Senate last week approved the bill, which requires coverage of mental health conditions for employers and their dependents. The Senate had promised to do so under a deal it reached with the Assembly on the last day of the regular legislative session in June. Silver said he will follow through on the deal. "The next time we are in session we will effectuate that agreement, whether it's the end of the year or the beginning of next year," he said. The Senate dropped its opposition to the mandate bill after the Assembly agreed to remove mandated coverage for drug and alcohol treatment. The Assembly also agreed to make the new coverage requirement a temporary program that will be revisited in two years to see how effective it has been. The bill also requires the state to make about $60 million available annually to offset insurance cost increases for businesses employing fewer than 50 employees. Gov. George Pataki threw supporters of the bill for a loop last week when he contradicted Senate Majority Leader Joseph Bruno (R-Brunswick), who said Pataki had pledged to him to sign "Timothy's Law" if the bill reached his desk. "I do not recall that conversation," Pataki said. The governor promised only to "take a look" at the legislation if it is approved by both chambers of the Legislature. If the Assembly waits until after the New Year to pass the bill, it would go to a different governor. Democrat Eliot Spitzer, the frontrunner in the race for governor against Republican John Faso, is thought to support the health care coverage mandate. The bill is named for Timothy O'Clair, a Schenectady boy who committed suicide at age 12 in 2001. His family struggled for years to get treatment for him paid for through private medical insurance. Timothy's Law awaits another Assembly vote Legislative Gazette September 25, 2006 By Amy Burger Supporters of Timothy's Law are now waiting to see if the Assembly will reconvene for a special session to pass a mental health insurance parity bill recently adopted by the Senate. "The Assembly is committed to passing the Timothy legislation as soon as it can, when it can," said Bryan Franke, spokesman for Assembly Speaker Sheldon Silver, D-Manhattan, when asked if the Assembly would be called back for a special session. While Silver has not announced a special session, Franke made it very clear the Assembly had "every intention to pass that law." The Senate and Assembly reached a compromise on Timothy's Law on the last day of the 2006 regular legislative session that would provide parity in insurance coverage for adults and children suffering from mental health illnesses. That compromise was the basis for the bill passed by the Senate on Sept. 15. Matt Beebe, a spokesman for Assemblyman Paul Tonko, D-Amsterdam, who is sponsoring the legislation, said that the compromise bill was not everything the Assembly had hoped for. The Assembly had hoped to include provisions for treating alcohol and drug abuse as mental health care needs. Beebe also commented on the possibility of the Assembly coming back for a special session to pass Timothy's Law in 2006, saying, "Probably - but we just don't know yet." After the suicide of 12-year-old Timothy O'Clair on March 16, 2001, Timothy's parents, Tom and Donna O'Clair, became strong advocates to end discrimination against mental health patients by the health care insurance industry. Timothy's Law has been passed repeatedly by the Assembly since the boy's death. But the bill, due to what Timothy's Law supporters call "legislative gridlock," has never made it to the governor's desk. The bill also faced opposition from the insurance industry, which warned the legislation would result in increased rates for all. "Today is a landmark day for New Yorkers suffering with mental illness and disorders," said Tom O'Clair, at a press conference on Sept. 15, the day the Senate passed Timothy's Law. "It's a wonderful testament to what the Legislature can accomplish when they work together and a heartfelt tribute to Timothy. I thank the Senate and look forward to the Assembly's return so they can pass it as well." Paige Pierce, executive director of Families Together and a co-chair of the Timothy's Law Campaign, said she is confident the Assembly will return to session this year and pass the law. "We view the Assembly as our allies," she said. "We have a lot of faith they're going to come back this year and get it done." The legislation would mandate all insurance companies provide at least 30 inpatient days and 20 outpatient visits for mental health care. Co-payments for mental heath services will also be the same as co-payments for physical health needs. The O'Clair's health insurance, like many Americans', only covered 20 outpatient visits a year for a psychologist and psychiatrist combined. Their physical and mental health co-payments began at $10 a visit; the mental health care co-pay increased to $35 every visit. According to the National Institute of Mental Health, more than 50 million American Adults suffer from a mental disorder; and one in five children suffer from behavioral, emotional or mental health problems. If adopted, the law would be effective from Jan. 1, 2007 until Dec. 31, 2009, at which time the law could be amended and improved if necessary. 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... 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