Mental
Health Association in New York State, Inc. |
Friday Fax from Albany
Special Edition Timothy's Law passes in the NYS AssemblyThrough a Father’s Eyes: His face pressed against a window into the Assembly Chamber, Tom O’Clair watched the debate en route to passage of the bill named for his son, Timothy. It must be both exhilarating and stressful to be in his shoes, watching supporters of the bill valiantly make the case, while others argue against it. And Timothy’s Law did pass the Assembly, after more than an hour of heated debate, with a resounding 131-10 vote. This marks the second time in as many years that Assemblyman Paul Tonko (Amsterdam) has successfully guided Timothy’s Law through the legislative process in the Assembly, to passage. However, with two hostile amendments offered on the floor of the Assembly and several members of the Assembly rising to debate the effects Timothy’s Law would have, passage of the bill did not come easily. The two hostile amendments (amendments offered only when a bill is on the floor of the Assembly for a vote of the full house, which are either accepted or rejected by a vote of the full house) were both rejected in a vote on the Assembly floor. The first attempted to subject Timothy’s Law to a study, to be conducted by the state, on the impact passage of the bill would have on insurance premiums and the subsequent number of uninsured New Yorkers. The second attempted to exempt employers with 50 or fewer employees, allowing them to purchase insurance policies that continue the discriminatory practice of limiting mental health and chemical dependency coverage. Had this amendment passed, Timothy’s Law would effectively had been gutted, leaving only 17% of New Yorkers with parity-based benefits. Having defeated the attempts to amend the bill, debate on Timothy’s Law and the cost increases associated with the bill quickly began. Those who argued in support of the bill made a strong case, obvious from the fact that in the end, there were fewer “no” votes than last year. Assemblyman Joel Miller (Poughkeepsie), a dental surgeon, rose to change his vote, from a “no” last year, and cast a strong vote in affirmation of the bill. Dr. Miller joined some truly prominent names in the Assembly who spoke in support of Timothy’s Law. Tom stood, watched and listened as Assemblyman Paul Tonko, the bill’s sponsor (and his own elected representative) fended off assertions and questions from Assemblyman George Winner (Elmira) that Timothy’s Law would cost more than the $1.26 per person per month estimated in the PricewaterhouseCoopers study from May of 2002 and result in additional numbers of uninsured in New York. Mr. Tonko thoroughly handled all the questions regarding cost, coverage, and how parity works in other states. A fine issue technician in his own right, Mr. Tonko is at his best when he speaks from the heart. He talked about the minimal cost and how the monetary cost compared to the cost of lives lost in his and his colleagues districts due to this discriminatory practice. Former Assembly Mental Health Committee Chair James Brennan (Brooklyn) stood to defend Timothy’s Law as well. He argued that passage of Timothy’s Law would ensure that individuals with mental health and chemical dependency needs have access to the services they need to become or remain employed, productive, taxpaying members of our society. Assembly Insurance Committee Chair Pete Grannis (Manhattan) supported the bill using several examples and arguments. Grannis explained that the assertions that Timothy’s Law would result in mass numbers of employers dropping health insurance were simply unfounded, and that no such effects had occurred as a result of parity in states like Vermont. He again cited the example of Vermont and the SAMHSA report Effects of the Vermont Mental Health and Substance Abuse Parity Law when objections were raised about the necessity of a study before Timothy’s Law is passed. Mr. Grannis stated, “You say we need to study parity. Well, President Bush’s Department of Health and Human Services has studied it. Let me read to you the conclusions they found in their report….” He then rattled off the list of conclusions found in the SAMHSA report, including Vermont’s additional cost of $.19 per month and the fact that .3% of employers dropped health coverage altogether after parity was enacted. Mr. Grannis went on to discuss the fact that the health insurance the members of the Legislature have, the Empire Plan, offers mental health parity. He asked his colleagues arguing in opposition to the bill, “Do you think the rest of New Yorkers don’t deserve the same health care coverage members of the Legislature enjoy?” Later, Assembly Mental Health Chair Peter Rivera (Bronx) countered the misleading arguments made about the costs of passing Timothy’s Law by discussing the profits of the New York insurance industry. Rivera argued that the approximate $90 million that passage of Timothy’s Law would cost could easily be absorbed by the insurance companies in New York that experienced a total $1.153 billion in profits in 2002. “New York State’s HMOs are the most profitable in the nation – a third higher than California, and more than the profits in states 3 through 7 combined. Timothy’s Law will not make insurers less profitable,” Rivera concluded. Mr. Tonko stopped one debater, Assemblyman Brian Kolb (Geneva) in his tracks, when he pointed out that the Home and Community Based Service (HCBS) Waiver program cost NYS taxpayers $11 million in 2002. Arguing that HCBS is a program intended to stem the need for custody relinquishment by children in search of services for their children, 11 million of the total 14 million dollars spent are insurance reimbursable dollars. “You stand here arguing that insurance costs are hurting small businesses, but so are taxes, and it is their taxes that are paying these unnecessary Medicaid costs,” Mr. Tonko chided. When all the votes were tallied, 131 members of the Assembly voted in favor of Timothy’s Law. Ten Assemblymembers voted in opposition to the bill, nine of whom we were able to catch their names – James Bacalles, Daniel Hooker, Brian Kolb, Howard Mills, Charles Nesbitt, Robert Oaks, David Townsend, George Winner and Catharine Young. We thank all the members of the Assembly who supported Timothy’s Law, knowing we now (again) move our focus to the Senate. Next steps: With passage of Timothy’s Law in the Assembly, Timothy’s Law supporters now turn their focus to the Senate. In order to encourage the Senate to pass Timothy’s Law, several activities/campaigns/events are planned. Most notably are the upcoming Call-In for Timothy’s Law on March 9th, and the Rally in Albany for Timothy’s Law on March 16th. Flyers for both of these events follow.
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