Mental Health Association in New York State, Inc.
(Publication Archives)

Friday Fax from Albany

Sharon Carpinello Unanimously Approved by NYS Senate: On Tuesday, Acting OMH Commissioner Sharon Carpinello was unanimously approved by the NYS Senate and became Commissioner of NYS’s Office of Mental Health. Commissioner Carpinello previously served as OMH’s Executive Deputy Commissioner until then-Commissioner James Stone took a position with SAMHSA in July of last year. Since then, she has served as OMH’s Acting Commissioner, focusing on planning for the future of New York’s mental health system and ensuring OMH’s commitment to quality.

MHANYS and others in the mental health community welcome Commissioner Carpinello and look forward to working with her and her staff.

Exciting week for Timothy’s Law: The Timothy’s Law Call-In to Albany proved extremely successful this week, with all of the Senate offices we visited reporting lots of calls. One Senator’s office was telling callers that the Senator supports Timothy’s Law, and was forwarding calls on to Senate Majority Leader Bruno’s office.

Next week brings the Rally here in Albany. We hope you’ll join us on the 16th to urge passage of Timothy’s Law. The Rally flyer follows.

As was reported in the Special Edition of the Friday Fax on Wednesday, Timothy’s Law sponsor, Assemblyman Paul Tonko, and MHANYS have found what we believe to be millions of dollars in state savings associated with passage of Timothy’s Law as part of the 2004-2005 NYS budget.

Since that time, a few news articles have been published on this topic, which follow in the In the News section of this edition of the Friday Fax.

The latest development was reported in Thursday’s Albany Times Union. Timothy’s Law sponsor Senator Tom Libous, plans to introduce “a new version of ‘Timothy's Law’ that would likely include a waiver for small employers,” and he “expects a new health care parity bill before the session ends.” Assembly sponsor Paul Tonko said he was, “unaware of Libous' plan, and that an exemption for companies with 50 or fewer employees would drastically limit who would be able to get the mental health and substance abuse coverage.” The full Albany Times Union article also follows in the In the News section of this edition of the Friday Fax.

In response to the attempts being made to carve out small businesses from Timothy’s Law, MHANYS was joined by Assemblyman Joel Miller (R-Poughkeepsie), who spoke eloquently in favor of Timothy’s Law during the debate in the Assembly last week. Together, we contend that small businesses actually stand to benefit from passage of Timothy’s Law through increased employee productivity. MHANYS’ press release follows.

Press Release Press Release Press Release

Mental Health Association
in New York State, Inc.

Small Business Opposition to Timothy’s Law
“Just Plain Wrong”

Bill Supporters Say Increased Productivity, Tax Savings
More than Offset Costs

The Mental Health Association in New York State, joined by Assemblyman Joel Miller (R-Poughkeepsie) responded today to efforts by small businesses seeking to be carved out of Timothy’s Law, the legislation that would end discrimination against mental illness and chemical dependency in health insurance.

“Small businesses do not have the depth in the number of employees to be able to fill in for the worker who is being a good parent or family member. If an employee is distracted by their mental health needs or those of their family, they aren’t a productive worker, and the business suffers, “ said Assemblyman Joel Miller, a dentist and small business operator for 35 years. “Small businesses really can’t afford to not provide this coverage,” he added.

According the Journal of the American Medical Association (JAMA), $44 billion is lost in the nation each year due to lost productivity from Depression alone.

MHANYS and Assembly sponsor Paul Tonko (D-Amsterdam) recently found that millions of dollars in unnecessary costs are being paid by Medicaid and other Social Services programs in New York State due to Custody Relinquishment and other last resorts that pick up the pieces when insurance runs out.

“Productivity is lost and taxpayer expenses increase as families plummet through the health insurance system and into Medicaid and other social services programs. The failure to treat these needs in full costs New Yorkers and our employers hundreds of millions of dollars each year, far exceeding any premium increases that will be sustained,” said Joseph A. Glazer, Esq. President/CEO of MHANYS.

In a recent article (Oneonta Daily Star), Otsego Chamber of Commerce President Rob Robinson said, “Health insurance is a productivity issue… because without it, employees often can’t focus on their work when family members become ill.”

“With so much in the way of worker productivity and the overall tax burden at stake, we believe small businesses actually support the bill. They just don’t know it yet,” said Glazer.

Thoughts From A Friend in the Field:

I work (thank God) as an Outreach Coordinator, 28 hours a week, in the Psychiatric Rehabilitation Services of Jawonio. Jawonio is an affiliate of the NYS Cerebral Palsy Associations and is based in Rockland and Westchester Counties in New York as well as Bergen and Passaic Counties in New Jersey. Jawonio serves approximately 5,700 children and adults with disabilities and special needs annually.

On weekends I am involved in a socialization program for 110 inmates of an adult home in Yonkers that is modestly funded by the NYS Office of Mental Health through the Westchester County Department of Community Mental Health.

I comb through the local newspapers for activities on Saturday and Sundays. Once we choose an activity, I fill up the 15 passenger van and go boldly forth in search of adventure sort of like "Cuckoo's Nest" by Ken Kesey. We have serendipitously arranged for something entirely different each and every weekend for the past nine years.

This keeps me stimulated and alive, and my hope is it keeps our consumers feeling that way as well. I run these activities as a social rehabilitation program for persons who are diagnosed with mental illness, those who have been institutionalized, warehoused and abandoned by an inefficient system that at times is more concerned about the politics than the possibilities.

Our state government finds solutions to cutting costs on the backs of those who need care, treatment, and rehabilitation. The program that I run was begun in more enlightened times as a model for reaching this population. We do manage to just about maintain our services, but we are always fearful of the "solutions" government sometimes has to cost-savings when appealing to the electorate.

The weekday part of my job is to advocate for and support community mental health programs that are largely operated by the consumers themselves. We use recovery technology, which is a peer to peer, practical self-help method utilizing consistent support and direction.

I love this sort of stuff and thrive on it, and get paid (modestly) to do it.

The other part of my job is to advocate in public for all this. I have a loud, projecting voice, an uninterrupted flow of words, a belligerent attitude, and (as you know) a poisoned pen. I get a boot out of ducking into the limelight --and out again before I have to take the heat.

So that's what I do, come to think of it...

Walter G.

Editors Note: Thank you Walter for what you do, and for sharing it with us.

No one should die because of insurance restrictions!

Join hundreds of supporters of Timothy’s Law (S.5329/A.8301) on the steps of the New York State Capitol, and then meet with
Legislators to ask them to pass the bill.

11:30 - Rally at Capitol Steps 1:00 to 3:00 - Legislative Visits We plan to have buses from Buffalo, Binghamton, Syracuse, Westchester, New York City and Long Island.

Information on transportation to the rally will be available at www.mhanys.org/timothyslaw or by joining Timothy’s Team at http://mail.kilakwa.net/mailman/listinfo/timothysteam_kilakwa.net for periodic e-mail updates.

Please contact Debbi Davis at the Mental Health Association in New York State to register for the Rally in Albany for Timothy’s Law, and to coordinate transportation to the rally in Albany.

Debbi Davis: (518) 434-0439 ext. 17 or ddavis@mhanys.org

Download flyer

MHANYS and Samaritans Suicide Prevention Center
2004 Legislative Conference

Date: Monday, March 22, 2004

Location: Room 711-A, Legislative Office Building, Albany, NY

Time: 8:30 – 12:00 Noon, individual meetings afterward

Mental Health Association in New York State and
Samaritans Suicide Prevention Center
Legislative Conference

March 22, 2004
Room 711-A
Legislative Office Building

REGISTRATION FORM

Name ____________________________________________________________

Organization ______________________________________________________

Address __________________________________________________________

City ______________________________ State _________ Zip _____________

Phone _____________________________Fax ___________________________

E-Mail___________________________________________________________

Number of Attendees: ____________

Names of Attendees:

__________________________ ___________________________

__________________________ ___________________________

__________________________ ___________________________

__________________________ ___________________________

FAX OR E-MAIL TO:
Michael Seereiter, Director of Public Policy
MHANYS
194 Washington Avenue, Suite 415
Albany, NY 12210
FAX: (518) 427-8676
mseereiter@mhanys.org

In the News:

Lawmaker reshapes mental health bill. By James M. Odato
Albany Times Union, March 11, 2004

Albany-- Sponsor of Timothy's Law would exempt small business from giving coverage

A Senate sponsor of a proposed law that would require insurance coverage of mental health treatments said he hopes to reshape his plan to protect small businesses.

Sen. Thomas Libous, R-Binghamton, chairman of his chamber's mental health committee, said he plans a new version of "Timothy's Law" that would likely include a waiver for small employers. He said details are still under discussion in the GOP-dominated Senate but he expects a new health care parity bill before the session ends.

His revelation comes as mental health advocates plan a rally at the Capitol Tuesday, the anniversary of the death of Timothy O'Clair, a 12-year-old who committed suicide after bouts with depression.

The boy's Rotterdam parents say a law is needed to require insurers to cover mental health treatments like other medical care. Assemblyman Paul Tonko, D-Amsterdam, is sponsoring such a bill, calling it Timothy's Law, which would also require full coverage of treatments for substance abusers. His bill has passed two years in a row, including last week with a 132-9 vote.

The O'Clairs say the measure is needed to avoid the care problems they encountered when they sought treatments for Timothy. They say they had to turn their son over to the state after exhausting their mental health coverage.

Lobbyists against the bill, who include small business representatives, say such cases would mean millions in additional taxpayer- and employer-funded health care costs. More companies, they warn, won't offer health insurance, adding tens of thousands of workers to the estimated 3 million New Yorkers without coverage.

O'Clair said he expects 1,000 people from around the state at the rally, which is aimed at forcing the Senate to bring Libous' current bill to the floor for a vote.

Libous' earlier bill mirrors the Tonko measure, but Libous says the Timothy's Law plan goes too far. He said he wants to pattern his bill on laws in various other states and work out "something that is meaningful, that is fair and is sensible."

Tonko said he was unaware of Libous' plan, and that an exemption for companies with 50 or fewer employees would drastically limit who would be able to get the mental health and substance abuse coverage.

Mental health association asserts that mandatory insurance actually saves. By Eric Durr
The Business Review - Albany, March 8, 2004

Passing "Timothy's Law" - which mandates full insurance coverage for all mental health and chemical dependency treatment - would save New York taxpayers $218 million annually, according to the Mental Health Association of New York State Inc.

The tax savings, said Mental Health Association President Joseph Glazer, would offset any increases in insurance premiums that employers would see if the new mandate were added.

The $110,000 per child cost to the state of providing all services to foster children, which amounts to more than $218 million, could be saved by requiring private health insurance to provide mental health services to children. The cost of in-home care is only $15,000-per-child, Glazer said.

The legislation, which is sponsored in the Assembly by Assemblyman Paul Tonko, D-Amsterdam, and in the state Senate by state Sen. Thomas Libous, R-Binghamton, is opposed by the National Federation of Independent Businesses and the Business Council of New York State Inc.

State Sen. Majority Leader Joseph Bruno, R-Brunswick, said he's opposed to passing the measure because it will increase health insurance premiums. But, he said there is tremendous pressure on his members to approve the legislation, which is supported by the Democratic majority in the Senate.

Agency: mental-health law will cut child-custody costs. By Chris Garifo
Watertown Daily Times, March 9, 2004

ALBANY – Timothy’s Law, which would require health insurance companies to treat mental illness and chemical dependency the same as other medical ailments, would save the state more than $200 million annually, according to the Mental Health Association of New York.

Much of that savings would come by reducing custody relinquishments, in which parents give up their child to the state, with all services provided by tax-paid programs. Such actions are often taken when the parents are no longer able to afford the cost of their child’s mental-health care, according to the U.S. General Accounting Office.

“Custody relinquishment requires government to pay for every aspect of a child’s needs,” said Joseph A. Glazer, President and CEO of the nonprofit Mental Health Association in New York State.

According to state Unified Court System figures, more than 3,500 child relinquishments were filed statewide in 2002.

Judge Richard B. Hunt of Jefferson County Family Court said he has not seen any cases of parents surrendering their children because of an inability to pay for their mental-health costs.

“I’m not saying it’s not occurring, we’re just not seeing any of it here,” he said.

Passage of Timothy’s Law could eliminate the need for many of those actions, Mr. Glazer said. While no exact figures are available as to the number of relinquishments that take place because the parents can no longer deal with the mental-health costs of caring for their children, the GAO reported that a large number of relinquishments are for that reason, he said.

Timothy’s Law also would reduce the number of children taking full advantage of the Home and Community Based Waiver Program, which allows them to stay home while still receiving Medicaid-based services.

In 2002, about 895 children were placed in the program, at a cost of about $14 million, according to the state Office of Mental Health.

Of that amount, $11 million was for insurance reimbursements, the other $3 million for other services not covered by insurance, such as respite and family care.

The costs of a child in state care are far higher than what they would be if left at home, Glazer said.

For example, a GAO study found that the cost of a residential treatment facility can be $250,000 a year for just one child.

Using what he called conservative figures, Glazer estimated the state, if Timothy’s Law were in place, could save $218.75 million, based on 1,750 child relinquishments – half of the state’s total – at $125,000 per year for each child – half of the GAO’s estimate.

Coupled with the estimated $11 million from the insurance reimbursable expenses from the Home and Community Based Services Program, taxpayers would have saved nearly $230 million in 2002.

Mr. Glazer admits his organization is using very rough figures, but he also said the savings may not only be for the children, many of whom are not cured by the time they turn 18.

Mental health advocates meet. By Diane O'Donnell
Staten Island Advance, March 6, 2004

The push is on for parity bill that would help defray the high cost of health insurance

The evening of March 16, 2001, began like so many others in the O'Clair household. Loud bangs and crashes were heard inside 12-year-old Timothy's bedroom, then an abrupt silence.

Checking on her mentally ill son, Donna O'Clair found the room in shambles. Timothy's Little League trophies were broken and piano recital award certificates ripped up and scattered on the floor.

When the Schenectady mother looked inside Timothy's safe place -- his bedroom closet -- she found the boy hanging from a bathrobe sash that had been thrown over the closet rack and attached to a bowling ball.

The O'Clairs' tragedy, detailed yesterday by his parents at the Staten Island Mental Health Council's annual legislative breakfast, has been the catalyst for a mental health parity bill bearing Timothy's name.

The boy's five-year-long struggle with severe depression, attention deficit disorder, hyperactivity and oppositional defiance disorder had resulted in hospitalizations, and outpatient treatments that exhausted the family's insurance coverage.

We never realized our insurance was so severely limited until we were in need of mental health coverage, Timothy's father, Tom O'Clair, told more than 300 people in the Renaissance, Grant City.

With two other children and mounting bills, the O'Clairs had to temporarily relinquish custody of their son to the state so Timothy could have coverage through Medicaid.

Timothy's Law aims to provide insurance coverage for mental health issues comparable to other healthcare problems. Thirty-three states have adopted such parity legislation.

Whatever you pay to see your medical doctor, that's the same amount of co-pay you should pay for a child psychiatrist or other therapist, said Dr. Kenneth Popler, president and CEO of the Staten Island Mental Health Society, who urged passage of the bill. Earlier this week assemblymen Matthew Mirones (R-Mid-Island), John Lavelle (D-North Shore), Robert Straniere (R-South Shore) and Michael Cusick (D-Mid Island), who attended yesterday's event, helped pass the bill by a 131-11 vote in Albany.

The bill won in the Assembly last year also, but never made it to the Senate floor. It is presently under review by the Senate insurance committee and is co-sponsored by state Senator John Marchi. The O'Clairs have been told by Gov. George Pataki's office that he would sign the bill once both houses OK it.

Mental health advocates in attendance yesterday also discussed the need to restore $7.7 million in state budget cuts in existing programs, increase the housing allowance to match the city Rent Guidelines Board's average rent increases and invest $30 million in children's services over the next four years.

Dr. Popler addressed the Community Reinvestment Law, begun over a decade ago by then-governor Mario Cuomo. The law required that money saved from closing and downsizing state psychiatric hospitals be sent to community agencies serving the mentally ill.

Fifty percent of community reinvestment monies from closing state hospital beds go back into the state treasury, rather than helping people, said Dr. Popler.

This is mental health monies.

Until next time, we remain,
Working to ensure available and accessible
mental health services for all New Yorkers