[Timothy's Team] Timothy's Team Update - NYS SENATE PASSES TIMOTHY'S LAW!!

[Michael Seereiter]

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/> 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: <http://kilakwa.net/pipermail/timothysteam_kilakwa.net/attachments/20060915/7b9c824e/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: atta3a1f.gif
Type: image/gif
Size: 6100 bytes
Desc: not available
URL: <http://kilakwa.net/pipermail/timothysteam_kilakwa.net/attachments/20060915/7b9c824e/attachment.gif>