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

Friday Fax from Albany

JOIN US ON MONDAY, MARCH 7TH FOR MHANYS’ LEGISLATIVE CONFERENCE: We hope that you will join us on Monday for our Legislative Conference which will provide MHA affiliates and all others interested in mental health advocacy the opportunity to become familiar with the legislative process, policy makers, and to advocate on issues impacting New Yorkers with mental health needs. Our day will include an overview of many of the important issues faced by New York's mental health advocacy community, the components of MHANYS' 2005 Legislative Agenda, as well as appearances by New York’s top mental health policy makers.

MHANYS’ 2005 Legislative Agenda consists of 5 components:

• Timothy’s Law
• Increased housing availability and capacity
• Planning for the future that includes input from all stakeholders
• Continued access to Medicaid, including open access to prescription drugs
• Prison and jail reform, including elimination of SHU for inmates with mental illness

Confirmed appearances by:
• OMH Commissioner Sharon Carpinello
• NYS Senate Mental Health and Developmental Disabilities Chair Thomas Morahan
• NYS Assembly Mental Health, Mental Retardation and Developmental Disabilities Chair Peter Rivera
• NYS Senator Thomas Libous
• NYS Assemblymember Paul Tonko
• NYS Assemblymember Joel Miller
• NYS Assemblymember Donna Lupardo

Participants will be provided with time to meet with their individual representatives in the afternoon. Appointments must be scheduled in advance.

DON’T FORGET!!
MHANYS’ Legislative Conference and Lobby Day
711-A Legislative Office Building, Albany, 9:00-12:00

NEWLY REDESIGNED TIMOTHY’S LAW WEBSITE: The redesign of the Timothy’s Law website, www.timothyslaw.org, has been completed! This marks a really exciting moment for Timothy’s Law supporters, as we enter the thick of 2005 with a fresh new look, fighting harder than ever for enactment of Timothy’s Law.

From the new website, you can join Timothy’s Team, e-mail your Senator in support of Timothy’s Law, and keep up-to-date with upcoming Timothy’s Law events.

We hope you enjoy the new website and that you’ll direct others to it as well.

MHANYS’ ONLINE ADVOCACY:
Budget - Please take just a minute to send your Senator and Assemblymember an e-mail regarding the Governor’s 2005-06 proposed budget using MHANYS’ Online Advocacy at http://www.mhanys.org/policy/advbudget.htm. Urge your representatives to reject proposals that would negatively impact individuals with mental health needs in New York.

Preferred Drug Program - In addition, we have also provided you with an opportunity to urge your Senator and Assemblymember to reject the Governor’s proposed Preferred Drug Program (PDP). You may send your legislators an e-mail, detailing the problems with the PDP at http://www.mhanys.org/policy/advpld.htm.

If you’re unsure of who your Senator and/or Assemblymember are, simply enter your address in the Board of Elections search page at http://map01.elections.state.ny.us/boe/main.asp .

OMH RELEASES KENDRA’S LAW REPORT: As part of the 1999 law that implemented the AOT process, commonly referred to as Kendra’s Law, there was a requirement that OMH report on the implementation of the law after 5 years, but before the law expires on June 30, 2005. This week, OMH released that final report on Kendra’s Law, which can be found at http://www.omh.state.ny.us/omhweb/kendra_web/finalreport/AOTFinal2005.pdf. Following is an excerpt from OMH’s report:

Summary of AOT Proceedings

Referrals/Investigations, Petitions, Court Orders and Service Enhancements: Between November 1999 and December 31, 2004, 10,078 individuals were referred to local AOT coordinators for investigation to determine potential eligibility for an AOT court order. Referrals resulted in petitions filed for the issuance of an AOT court order for 4,041 individuals (40% of all individuals referred); of these, petitions were granted and court orders issued for 3,766 individuals (93% of all individuals with petitions filed). Investigations led to service enhancements rather than court orders for 2,863 individuals (28% of all investigations). Court orders and service enhancements have been issued in all regions of New York State, with 58% of all court orders and service enhancements occurring in New York City. Table 1 summarizes data on outcomes of the judicial procedures associated with AOT.

Length of Time in AOT: As noted in Table 1, as of December 31, 2004, 3,766 individuals had received court ordered treatment through AOT. Initial court orders for AOT recipients are generally six months in duration. Court orders, however, can be renewed and recipients may receive additional court orders after previous orders expire. About one third of AOT recipients spend six months under court order. Court orders for most AOT recipients (64%) are renewed and so the majority of individuals remain under court order for more than six months (Table 2). Figure 2 shows the total amount of time spent by recipients in AOT. The average length of time recipients remain under court order is 16 months.

Reasons for Non-Renewal of Court Orders: OMH staff also collects information on the reasons for non-renewal of courtorders. The most frequently cited reason is that the individual has improved and is no longer in need of court-ordered services (76%). The next most frequently cited reason is that the individual is hospitalized at the end of the court order and a long stay in the hospital is anticipated (10%).

Living Situation at Termination of AOT: At the time of court order expiration most individuals were living either in independent or supervised community-based settings. Fifty two percent were living in independent settings, alone or with parents, spouses, other relatives, or other persons. Twenty-two percent were living in either assisted/supported living or supervised living settings. Twelve percent were in psychiatric inpatient settings, while three percent were incarcerated at the time their court order expired.

May is Mental Health Awareness Month

Second Annual Walk for Mental Health

Week of May 14 – May 20, 2005

In November of 2004, several advocates from across the state walked 122 miles in support of Timothy's Law. The walk went from Warwick, NY to Albany, NY and culminated in a rally of more than than 600 individuals gathered for Mental Health Parity.

This year, two advocates involved in the Walk for Timothy’s Law in Memory of Robin Jane Desrats, Ann Berardinelli of Families with Bi-Polar Children, and Ali Zimmerman, an employee of Independent Living, Inc., are planning an annual Walk for Mental Heath during May is Mental Health Month.

During the week of May 1st through the 20th, they will be getting walkers from each county to participate in a relay-type walk from the four corners of the state, converging on Albany on the 20th.

If you are interested in participating, please contact Ann or Alexandra - e-mail the Walk Committee at mentalhealth_walkers@yahoo.com, or call Ann at (845) 566-0810 or Ali at (845) 703-1042 and they will connect you with the agency coordinating the walk in your region.

Mental Health Alternatives to Solitary Confinement

MHASC Legislative Day

March 14th, 2005
Albany, NY

REGISTER FOR A SEAT ON THE BUS TODAY!
Call Sean at (212) 780-1400, ext. 793

On March 14th, the Mental Health Alternatives to Solitary Confinement coalition will be hosting a Legislative Day/Rally in Albany, NY. Please join us to end the placement of psychiatrically disabled prisoners into solitary confinement or SHU. On March 14th, you will have the opportunity to:

• Attend a Press Conference
• Participate in a “BOOT THE SHU” Rally
• Meet with Elected Officials
• Change Law

BOOT THE SHU!

In the News: On Sunday, Monday and Tuesday, The New York Times published a scathing series of articles by Paul von Zielbauer on the provision of health services in New York City jails. Similar to the series of articles on the conditions in many adult homes two years ago, these articles expose the quality of health care provided to inmates in New York by the for-profit company, Prison Health Services. Perhaps the most pertinent article to mental health issues is In City's Jails, Missed Signals Open Way to Season of Suicides - http://www.nytimes.com/2005/02/28/nyregion/28jail.html. You may also want to read the other articles, Private Health Care in Jails Can Be a Death Sentence, http://www.nytimes.com/2005/02/27/nyregion/27jail.html and A Spotty Record of Health Care at Juvenile Sites in New York, http://www.nytimes.com/2005/03/01/nyregion/01jail.html

Father loses son, lobbies for mental health coverage. By Erik Kriss
Syracuse Post-Standard, February 28, 2005

Tom O'Clair is a big, square man with a full beard, his broad shoulders and barrel chest squeezed into a faded polo shirt.

He's not a typical inhabitant of the state Senate and Assembly lobbies, but for more than two years, that's where the state Thruway Authority mechanic has spent much of his free time.

He pleads with legislators to change limitations in New York's insurance laws he feels led to his son's 2001 suicide.

O'Clair is the driving force behind "Timothy's Law," a bill to require insurers to provide mental health coverage equal to that for physical ailments.

Timothy O'Clair, the youngest of Tom and wife Donna's three sons, took his own life at the age of 12. His father is rarely seen without a button bearing Timothy's photograph pinned to his shirt.

The Democratic-controlled Assembly has passed Timothy's Law, but the GOP-controlled Senate has not.

"Timothy not here is what motivates me," said O'Clair, a resident of Rotterdam who burns most of his vacation and personal time to wage his battle at the Capitol - when he's not volunteering at a local suicide prevention center.

"I know what it's like to lose a child," he said. "I don't want other parents to find out."

O'Clair found out, in the course of trying to get Timothy help, that he himself suffers from depression, a trait that can be inherited.

He admits his family is concerned about him now, but he says that won't dissuade him from continuing.

"I know I will be able to say when enough is enough, and I don't see that happening before Timothy's Law is enacted," he said. "Do I get tired? Yes. Do I want to give up? No way."

The main criticism of Timothy's Law is its potential cost. Small businesses have fought extra health insurance mandates for years, saying they increase the cost of premiums to the point where companies drop all insurance for employees.

O'Clair doesn't buy it. He argues that mental health treatment as a preventive measure saves the higher costs of emergency room visits and hospitalization.

Most Republican senators - including John DeFrancisco, R-Syracuse; Michael Nozzolio, R-Fayette; and James Wright, R-Watertown - as well as virtually all the Democrats, have signed on to co-sponsor Timothy's Law. But Senate Majority Leader Joseph Bruno, R-Brunswick, has blocked it from coming to a vote, admitting he's the heavy in reflecting the concerns of business.

The impasse led Sen. Thomas Libous, R-Binghamton, to introduce a bill last year he and his fellow Senate Republicans billed as a "compromise" measure.

"It didn't even come close to earning the right to be associated with Timothy's name," O'Clair said. "It would have cut out adult treatment, alcohol substance abuse; it would have limited the mandate to businesses of 50 or more (employees); it would have, in effect, eliminated the coverage we (already) have when it reached its sunset."

He's sparring with Republicans now, but O'Clair grew up in Knox, outside Albany, the fourth of seven children to Clem, a Republican town committeeman and candidate for town judge, and Patricia, an opponent of legalized abortion.

O'Clair says he is still a Republican, but, raising an eyebrow, adds, "so far."

Note: This article is interesting in consideration of the Governor’s proposal to cut the mental health Aid to Localities portion of the budget by $3.9 million this year, on top of last year’s $7.7 million cut.

Aid to Localities Fails to Keep up with Inflation. By Matt Smith
Associated Press, February 26, 2005

Comptroller finds state revenue-sharing funds have declined by nearly 27 percent since 1988

ALBANY -- Unrestricted state aid to local governments has failed to keep pace with the rate of inflation and has dropped by almost 27 percent since 1988, according to a report Comptroller Alan Hevesi released Friday.

The unrestricted aid -- also known as revenue sharing -- can be used by local governments for any purpose. Hevesi said since its highest level of $1.1 billion in 1988-89, unrestricted aid has declined by 26.5 percent, while inflation has jumped 65.5 percent.

Meanwhile, state revenues during that 17-year period rose by 93 percent, according to the report.

"Revenue sharing has declined significantly," Hevesi said. "Local governments face tremendous challenges and state leaders need to determine the best methods to meet local governments' needs."

Unrestricted aid was cut by more than half -- to $532 million -- by Gov. Mario Cuomo in 1992-93. The aid has crept back up under Gov. George Pataki through what Hevesi called "modest" across-the-board increases and the creation of new aid categories.

Most reliant on unrestricted aid are the state's cities. While New York City's aid has declined by $327.9 million, cities outside the Big Apple have seen a $117 million increase since 1988. However, most of that increase has been targeted to upstate's largest cities, particularly Buffalo and Yonkers.

"Two out of three cities receive less aid than they did 15 years ago," said Edward Farrell, executive director of the New York State Conference of Mayors.

As a result, most cities have had to cut programs and raise property taxes, Farrell said.

Also hit hard by the aid decline have been town governments, which have seen revenues drop 74 percent, the report said. Unrestricted aid for towns totals $37 million -- $108 million less than in 1988. Villages, meanwhile, have seen a $33 million decrease.

Pataki, as part of his proposed $105.2 billion budget for the state fiscal year beginning April 1, would rework the revenue- sharing program by adding new funding for local governments that show fiscal restraint.

County aims to aid mentally ill inmates. By Rebecca Baker Erwin
The Journal News, February 28, 2005

County government officials are trying to learn how to help mentally ill inmates in the Rockland County jail.

County Executive C. Scott Vanderhoef and county Legislator John Murphy are forming a task force in the mental health and law enforcement fields to study the issue.

Murphy, an Orangetown Republican and longtime advocate for the mentally disabled, said he would like the task force to see how much it would cost to separate mentally ill prisoners from the general population and to create a mental health court for mentally ill people who are arrested for minor crimes.

"Being locked up will generally exacerbate the illness," Murphy said. "Rehabilitation has great hope associated with it."

The task force is the result of a 2004 study that found 16 percent of people in the county jail had some sort of mental illness, ranging from depression to schizophrenia. Many of them also were addicted to drugs and alcohol.

Vanderhoef said he wants to have 10 to 12 people on the task force within the next month or two. The task force then will report its findings in six months.

"There's probably a better way," he said. "Somewhere this approach is taking place."

Rockland County Sheriff James Kralik said correction officers at the jail are not trained to counsel the mentally ill, whose unpredictable behavior can put guards' safety at risk.

"They're dealing with people who might tip over and become violent," he said. "This is a major problem for county jails."

Kralik said closing Letchworth Village and Rockland Psychiatric Center has left mentally ill people with few places to get full-time treatment.

"They're now placed in the county jail, at least a good deal of them," he said.

Mary Ann Walsh-Tozer, the county's mental health commissioner, said she would like to establish a treatment center within the jail where mentally ill inmates could be isolated and treated by specially trained mental health workers.

Jim Klika, a 56-year-old Valley Cottage man, said the task force seemed like a good idea.

"Just to lock them up and throw away the key doesn't make sense," he said.

Booting the 'SHU.' By Paul Grondahl
Albany Times Union, February 27, 2005

After languishing for years as a one-house bill in the Assembly, legislation to ban the confinement of prisoners with severe mental illnesses from solitary confinement was introduced this month by the Republican senator who chairs the Crime and Correction Committee.

Advocates for mentally ill prisoners applaud the bill sponsored by Sen. Michael Nozzolio of Seneca Falls, Seneca County, as a significant step in their campaign to "Boot the SHU!" Special Housing Units are disciplinary cells where inmates are kept in solitary confinement for 23 hours a day. A door is unlocked remotely for one hour so an inmate can get to a caged outside balcony.

There are 1,567 beds in 38 SHUs at maximum- and medium-security prisons. Approximately 8,000 inmates, 12 percent of the prison population, have serious mental illnesses and the number is rising, according to the bill memo. Also, prisoners with psychiatric disabilities in SHUs injure themselves and commit suicide at a rate three times that of all inmates.

The bill would create alternatives to SHUs for mentally ill inmates, provide additional treatment and oversight by an outside committee, require training for corrections officers to be developed by the state Office of Mental Health.

"My biggest concern remains with the staff and securing their safety,"
Nozzolio said. "We'll look at all appropriate methods for treating mentally ill inmates, but safety is first."

Nozzolio's bill is identical to the bill sponsored by Jeffrion Aubry of Queens who chairs the Corrections Committee in the Democratic-run Assembly.

Robert Gangi, Correctional Association of New York executive director, welcomed the political development toward abolishing harrowing conditions for people who already are tormented.

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