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

Friday Fax from Albany

“Thank you, Mr. Tonko. Thank you.”: Just one day after Tom and Donna O’Clair watched in disgust as the bill named in memory of their son was defeated on the floor of the NYS Senate by a vote of 41 – 19, Assemblyman Paul Tonko led a new version of Timothy’s Law through to passage in the NYS Assembly. After negotiations between the two houses broke down on Tuesday afternoon, the Assembly passed their compromised version of Timothy’s Law on their last day in Albany for at least a while.

As was reported in Tuesday’s Special Edition of the Friday Fax from Albany, Assemblyman Tonko introduced a new version of Timothy’s Law aimed at addressing the concerns of the Senate regarding the impact Timothy’s Law would have on small businesses. After several rounds of discussions between the two houses, Assemblyman Tonko introduced a new version of Timothy’s Law, A.11694, in an attempt to address the Senate’s concerns. The primary difference between A.11694 and the original Timothy’s Law (S.5329/A.8301) is that the new bill provides small employers, with between 2 and 50 employees, a tax credit to offset the small increase in premiums that would accompany mental health and chemical dependency parity.

As the bill was taken up for debate, Assemblyman Robert Warner (R-Binghamton) questioned Assemblyman Tonko about the wisdom in passing another one-house bill on the last day of session. Assemblyman Warner instead urged the Assembly to pass Senator Libous’ S.7296-A. Assemblyman Tonko rose to defend his bill, noting all of the deficiencies of S.7296-A, including the 50 or fewer employee exemption, the limited diagnosis list, the lack of chemical dependency coverage, and the fact that the bill would expire in two years.

Assemblyman Insurance Chair Alexander (Pete) Grannis (D-Manhattan) then rose to defend Assemblyman Tonko’s new bill, noting the lengths to which Assembly staff has gone to address the Senate’s concerns in negotiations and Assemblyman Tonko’s efforts to address the Senate’s small business concerns. He credited the efforts of Timothy’s Law supporters in dispelling false objections to Timothy’s Law, calling A.11694 a reasonable compromise to the only legitimate objection to Timothy’s Law that remained.

In a rare display of bipartisanship in the NYS Legislature, staunch Timothy’s Law supporter Assemblyman Joel Miller (R-Poughkeepsie) joined Assemblyman Tonko in co-sponsoring A.11694. Miller, a small business owner and dentist for a number of years, voiced his support for concept behind Timothy’s Law on the Assembly floor, explaining how small businesses suffer when untreated mental illness results in lost productivity or absenteeism.

Lastly, Assemblyman Tonko stood once again to implore his colleagues to support his compromise Timothy’s Law legislation. Tonko countered Warner’s objections noting that Speaker Silver has called for a public conference committee on Timothy’s Law, saying that the Senate should explain in public why they want to pass anti-discrimination legislation that continues a policy of discrimination. Tonko put all arguments in support of the Senate’s S.7296-A to rest by explaining that not one of the groups working toward enactment of Timothy’s Law supports the Senate’s watered-down bill, S.7296-A, “And most importantly, the O’Clair family refuses to lend the name of their son to Senator Libous’ bill.”

MHANYS, the O’Clairs and other mental health advocates believe that A.11694 represents the appropriate kind of coverage balanced with the proper protections for employers. Nonetheless, 6 members of the Assembly disagreed and voted ‘No’ on the bill – James Bacalles, Daniel Hooker, Brian Kolb, Charles Nesbitt, Teresa Sayward, and George Winner.

On Tuesday evening, as debate on Senator Libous’ S.7296-A was coming to a close, Senator Eric Schneiderman (D-Manhattan) turned to the O’Clairs, sitting in the Senate gallery and apologized for the Senate’s collective failure to pass Timothy’s Law. Today, in recognition of his unwavering efforts on behalf of the O’Clair family and all families in New York with mental health needs, we say, “Thank you, Mr. Tonko. Thank you.”

Accountability – Part 1: As we promised on Tuesday night, below is the Senate vote on S.7296-a, Senator Libous’ “biologically-based” parity legislation that, as Assemblyman Paul Tonko put it, is an anti-discrimination bill that continues to allow discrimination against millions of New Yorkers.

Unfortunately, we will not be able to provide you with a final vote on Senator Thomas Duane’s amendment to substitute S.7296-a with S.5329 (Timothy’s Law). Due largely to an incident a few years ago, in which the Senate Majority was held accountable for voting against an amendment which would have enacted the previous version of mental health parity legislation, votes on amendments are no longer recorded. The only public record is that the vote failed. All the information we can tell you is that the vote took place along primarily party lines, with Senator Bruno, Senator Libous and their Republican colleagues voting against the amendment, and Senator Paterson, Senator Duane and their Democratic colleagues voting for it.

Here is the vote on S.7296-a:

Call your Senator – Weigh In: Based on the chart above, we urge you to call your Senator and weigh in with them on their actions on S.7296-A and Timothy’s Law. You can find out how to reach your Senator in their district office by going to their website, www.senate.state.ny.us, and clicking ‘Senators’ on the left hand side of the page. Then, simply follow the link to your Senator. Otherwise, you can simply call your Senator’s Albany office by using the Senate switchboard – (518) 455-2800.

Thank those Senators that voted in opposition to S.7296-A. These messages are rarely received and are always very well received.

Let Senators who voted in support of S.7296-A know that you join with the O’Clairs in saying, “It’s (S.7296-A) a far cry from Timothy’s Law.”

In the News:

Excerpt from A break in the inaction - Lawmakers leave with work undone. By James M. Odato
Albany Times Union, June 23, 2004

Full story at http://www.timesunion.com/AspStories/story.asp?storyID=259984&category=STATE&newsdate=6/23/2004

The Senate and Assembly majorities left sharply divided on many major issues, including Timothy's Law, named for a Rotterdam boy who killed himself. The bill would make insurance coverage for mentally ill people and substance abusers easier to obtain.

The Senate debated Sen. Thomas Libous' version of a mental health parity bill for almost an hour. Bruno called Assemblyman Paul Tonko's version too broad, unaffordable and certain to be vetoed by Pataki.
Tonko had changed his bill in an effort to appeal to the Senate, adding tax credits for small companies to defray the cost of health insurance. It would mandate insurance coverage for all mental illness and substance abuse cases.

Advocates of the law, including Donna and Tom O'Clair, Timothy's parents, were deflated by the lack of a deal after two years of pressing lawmakers. "Outrage is a good word," O'Clair said.

MHANYS’ June 23rd Press Release:

Mental Health Advocates Applaud Assembly Timothy’s Law Bill

“It is the right kind of coverage with the right kind of employer protection,”
MHANYS leader says

Applauding the passage of a new Assembly Timothy’s Law Bill, A.11694, fashioned by
lead Assembly sponsor and Timothy’s Law champion Paul Tonko, the President of the Mental Health Association in New York State, Inc. (MHANYS), Joseph A. Glazer, called the new legislation, “The right kind of coverage with the right kind of employer protection.”

The proposal is a compromise on Timothy’s Law that addresses concerns raised by small businesses while still providing meaningful mental health and substance abuse parity legislation. The legislation allows up to a 3% small business tax credit to offset any possible premium hikes. At the same time, it ensures that each and every New Yorker has access to the mental health and chemical dependency services they need.

With the small business community being the last remaining obstacle on the path to passage of Timothy’s Law, this new legislation should ensure immediate passage of Timothy’s Law and ensure that all New Yorkers have access to the treatment and services that they require.

The new legislation does exempt sole proprietors and individual policies, in recognition of the fact that if an individual does not want to provide himself with mental health and chemical dependency coverage, and her decision affects nobody else’s coverage, they should have that right.

Glazer added, “With this legislation, the last remaining obstacle to Timothy’s Law falls. It is far superior to the version passed by the Senate last night, which would serve a handful of New Yorkers with only a handful of diagnoses.”