[Timothy's Team] Timothy's Team Update 9/20/06 - Press Coverage From Senate Passage of Timothy's Law

[Michael Seereiter]

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 PÉREZ-PEÑA

 

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: <http://kilakwa.net/pipermail/timothysteam_kilakwa.net/attachments/20060920/5091ad94/attachment.html>