Mental Health Association in New York State, Inc.
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Friday Fax from Albany

Time Keeps on Ticking: There are only two session days left in this year’s regular Legislative Session, and Timothy’s Law has moved its way into the limelight.

Discussions are proceeding between the two houses at a fast and furious pace, and both sides have expressed a desire to come to an agreement on Timothy’s Law this year. The Assembly has already passed Timothy’s Law (A.8301/S.5329). As was reported last week, the Senate has expressed an unwillingness to pass Timothy’s Law (S.5329), and has instead introduced another version of mental health parity (S.7296-a) that would exempt business with 50 or fewer employees, cover a very limited number of illnesses, and exclude parity based coverage for chemical dependency. One of the numerous illnesses that the Senate bill (S.7296-a) excludes is Post-Traumatic Stress Disorder (PTSD), which means that it would not cover survivors of September 11, among others.

Although Tom O’Clair has declared that the Senate bill (S.7296-a) is not Timothy’s Law, it was reported in last week’s Albany Times Union that Senator Joseph Bruno was calling the Senate’s version of the bill Timothy’s Law in a letter to his constituents (see article below). When asked about this incident, his colleague, Senator Tom Libous, the sponsor of both the new bill (S.7296-a) and Timothy’s Law (S.5329), said, "In the generic, everyone is calling it Timothy's Law. It's a mental health parity bill. Unfortunately, that is what happens when you name laws after individuals."

Despite last week’s article, it was reported by CapitolWire today that Senate Majority Leader Joseph Bruno has identified Timothy’s Law as among the many pieces of legislation that he would like to see resolved. However, he went on to note that if negotiations do not result in action, “…we're going to pass a number of these bills so the constituency knows where we stand."

As is evidenced by the O’Clair family’s refusal to identify S.7296-a as Timothy’s Law and their comments in last week’s article, it is clear that there is no ‘generic’ version of Timothy’s Law, and advocates and the O’Clair’s continue to maintain that Timothy’s Law is A.8301/ S.5329.

We now need to send a message to Senator Bruno that we want him to pass Timothy’s Law (S.5329), not a watered down version that does not cover 80% of New Yorkers. Tom O’Clair has made it clear that the Senate’s current stance on mental health parity is “a far cry from Timothy’s Law”, and after last week’s incident with the Senate choosing to call their bill Timothy’s Law, it is more important than ever that we send the message that they need to pass, S5329.

Anything else is just smoke and mirrors.

ACTION NEEDED!!!

Demand that the Senate not come home
without passing Timothy’s Law!!

Please, Do it for Timothy…

In the News:

'Timothy's Law' mailing criticized. By James M. Odato
Albany Times Union, June 11, 2004

Parents protest use of son's name in GOP letter touting Senate version of bill

Albany-- The parents of Timothy O'Clair say they're offended that state Senate Republicans are using their son's name on a revised mental health bill they don't support.

The O'Clairs, who back an Assembly bill that would require insurers to pick up costs of mental health and substance abuse treatments, objected Thursday to letters sent out by Senate Republicans to constituents touting their "Timothy's Law" legislation.

Senate Majority Leader Joseph Bruno used the boy's name twice in a June 7 letter to a Ballston Spa constituent. The letters say the Senate version "would provide parity in insurance coverage for mental illnesses."

"They do not have my or my wife's blessing in referring to it as Timothy's Law," said Tom O'Clair, of Rotterdam. He said it appears Republicans are trying to gain approval from their constituents.

O'Clair and other advocates of the measure that was passed the last two years in the Assembly do not consider the Senate version worthy of Timothy's name. Under the Senate version, only "biologically based mental illnesses" and children with attention deficit or disruptive behavior disorder would have to be covered by employer health plans.

Letter recipient Mary Jean Coleman, who is executive director of Samaritan Suicide Prevention Center, was also upset.

“I was infuriated because not only does it refer to Timothy's Law, but as a constituent ... if I was an average citizen, I would view it as Senator Bruno putting out a letter to his constituents that the Senate is doing some wonderful thing."

"I do not view this as Timothy's Law," she said, adding that she was also distressed that the O'Clairs' last name was misspelled.

Assembly sponsor Paul Tonko, D-Amsterdam, said the Senate's bill "is their version of parity, but it's not Timothy's Law."

He and Sen. Thomas Libous, R-Binghamton, have been working on ways to address the parity issue for two years. Libous said Thursday he is confident an agreement will be reached because talks are going on at high levels of both chambers.

As for Bruno's use of Timothy's name, he said: "In the generic, everyone is calling it Timothy's Law. It's a mental health parity bill. Unfortunately, that is what happens when you name laws after individuals."

A spokesman for Bruno said the Senate "is very sensitive to the concerns raised in this issue; it's something we are committed to addressing."

The Senate has been trying to avoid a sweeping measure that would cause insurance premiums to rise substantially. The Senate would allow exemptions, including one for employers with fewer than 51 employees. The Assembly's "Timothy's Law" would mandate coverage for substance abusers as well as mentally ill.

Pataki, Leaders Say They Want to Pass a Few Important Bills by Tuesday. No deal on budget, CFE. By Kyle Hughes
Capitol Wire, June 17, 2004

Gov. George Pataki and legislative leaders declared today they would try to pass at least a few important bills before adjourning on June 22. They said they remain deadlocked over the budget and CFE.

Following the second leaders meeting in three days, they said they still cannot reach three-way deals on a $100 million state budget or a unified response to the July 30 court-imposed deadline for fixing the school funding formula. When Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver announced they hoped to pass a few bills of substance by Tuesday, reporters concluded that they were anxious to avoid leaving town without acting on any major legislation this session.

Pataki is sending the Senate and Assembly emergency spending bill to keep government operating until Aug. 1, and no return for session is contemplated until the July 30 Campaign for Fiscal Equity CFE court decision deadline looms.

Senate Majority Leader Joseph Bruno said the bills he was focusing on for passage before the final gavel falls Tuesday were Rockefeller Drug Laws, HAVA voting reform, Timothy's Law, power plant siting, Patriot Act II, Anti-Terrorism II, and money laundering.

The drug laws reform measure was the biggest item on the agenda. Legislators have been trying without success for years to change the laws, and convened a conference committee that worked fruitlessly on the issue this session. But Bruno said now "we think we're close enough so that we can conclude three ways and do it by Tuesday. That would be historic."

Bruno said reaching agreements on bills that until now have remained side issues in the budget, healthcare and education debate may be difficult. "Frankly if we can't agree three ways we're going to pass a number of these bills so the constituency knows where we stand."

On another big issue that was in play until this week, Bruno said he would not support weakening the indoor smoking ban law. "We did the smoking bill to begin with because about 430,000 people a year die from smoking & smoking kills," Bruno said.

Bruno had little to say about a stem cell research bill such as the one that passed the Assembly Thursday. "We don't want to inhibit what's going on," he said.

Assembly Speaker Sheldon Silver told reporters that his list of bill to do before Tuesday was Rockefeller Drug Laws, HAVA and Timothy's Law. "I'm confident we can get a lot of the substance done by the close of business next Tuesday," he said.

He blamed Pataki for the nonproductive nature of the 2004 session. He described the atmosphere as "contentious, politically partisan from the second floor, specifically. Some of the rhetoric has been more partisan than it has ever been before."

Pataki called the session "abysmal. Simple basic proposals that are uncontroversial have lapsed and lingered in the Assembly."

"I would just hope over the course of the next five days, we will be able to shut down a lot of these discussions and see results," Pataki said. He said about two dozen non-controversial but important bills are awaiting passage in the Assembly.

Press secretary Joe Conway later handed out to reporters a list of 15 bills that passed the Senate this year with no Assembly action to date:

* Patriot Plan II (S.6464) * Anti-terrorism II (S.3-A) * Expanded DNA database (S.5554) * Eliminating statute of limitations for rape and violent felonies (S.5554) * Gun trafficking S.3508-A) * Pena-Herrera DWI reform (S.4869-A) * Deadly drivers (S.6541) * Tamiqua's Law (life without parole for child murder S.5388-A) * Civil commitment of sex offenders (S.5556) * Megan's Law enhancements (S.6624) * Gang rape (S.5396-A) * Repeat misdemeanors (S.5555) * Child pornography (S.5707-A).