March
15, 2006
MHANYS
LEGISLATIVE CONFERENCE ATTENDEES IN ALBANY AS BUDGET HEATS UP:
As mental health advocates gathered in Albany on Monday morning
for MHANYS’ Legislative Conference, information regarding
the Assembly and Senate budget proposals began trickling out.
Lucky timing provided attendees with one of the best possible
opportunities to impact the respective Assembly and Senate proposals
regarding mental health.
While
folks from MHAs were busy hearing from mental health policy makers
and meeting with legislators in the afternoon, additional details
became available. Thankfully, while we were busy, our colleagues
at NYAPRS, SCAA and other mental health advocates have gathered
the details of the respective budget proposals and we summarize
their findings below.
The
Assembly proposal calls for a total of $112.4 B spending in this
year’s budget that exceeds the Governor’s proposal
by about $2.2 B. Specifically, the Assembly calls for:
-
Increase
for Community-Based Mental Health Providers – An additional
$4.3 M for community-based mental health providers ($3.4 million
for adults, $900,000 for children) “for services and
expenses related to restoration of funding for consumer oriented
non-Medicaid children’s mental health services. Local
governmental units shall not exercise discretion and shall
utilize such funds to provide, in equal proportion, a restoration
to each voluntary provider agency impacted by the funding
decrease, implemented in state fiscal year 2004-05, restricted
to consumer oriented, non-Medicaid children’s mental
health service providers.”
-
Civil
Commitment of Sex Offenders – 1) Rejection of the Governor’s
proposed $130 M to turn the Pharsalia Prison Camp over to
the Office of Mental Health where a facility dedicated exclusively
to civilly commit sex offenders would be built; 2) However,
it approves funding for 614 beds at psychiatric centers for
civilly committed sex offenders, but rejects proposals to
house them at St. Lawrence and Rochester Psychiatric Centers.
-
Medicare Part D - $188 M to extend the Medicaid wrap-around
coverage for dual eligibles until April 30, 2007; 2) $2 M
to provide “education, outreach, one-on-one counseling,
monitoring of the implementation of Medicare Part D and assistance
with appeals and fair hearings related to Medicare Part D
coverage” which will be administered through the state’s
Managed Care Consumer Assistance Program.
-
Preferred Drug Program – 1) $36.8 M to buy back the
Governor’s proposal to eliminate the ability of physicians
to have the final say as to which medications their Medicaid
patient will get; 2) $18.7M to buy back the Governor’s
proposal to use cost a determination for which drugs will
be placed on the “preferred” list.
-
Additional funds to benefit adult home residents – 1)
$2 million for air conditioning; 2) $750,000 for 50 new scattered
site housing beds dedicated for residents of impacted adult
homes (those with 25% or more mental health needs); 3) $2.75
M for QUIP
-
COLA
for Non-COPS Outpatient Programs - $3.325 million “for
additional services related to the operation of certain clinic
treatment, day treatment and continuing day treatment programs…to
equalize and increase to the extent practicable supplemental
reimbursement fees under the medical assistance program in
accordance with regulations of the commissioner of mental
health and approved by the division of the budget.”
In
the Senate, they proposed a budget that includes about $500 M
less in additional spending compared to the Assembly, and about
$1.2 B more than the Governor’s proposal. Included in that
proposal is additional funding for the following iniatitives:
-
Increase
for Community-Based Mental Health Providers – $2 million
for Senate “for additional support, including critical
non-personal service needs, for non-Medicaid mental health
adult consumer oriented services including, but not limited
to, peer support, advocacy, legal services, drop-in centers,
clubhouses and respite.”
-
Adult
Homes – 1) An additional $1.5 million for additional
case managers/peer specialists for adult home residents; 2)
$.5 M SSI rate increase, and; $2.75 M for QUIP.
-
An
additional $1.8 M “for additional supported housing
assistance for providers in upstate regions for critical non-personal
service needs.”
-
Family
Support Services - $1.5 million for additional support for
family support programs, including but not limited to respite
and crisis services.
The
Assembly and Senate have agreed to use the Conference Committee
process again this year to iron out the details in the budget.
Mental Hygiene is one of the separate tables again this year,
co-chaired by Assemblymember Peter Rivera and Senator Morahan.
Health and Medicaid is another table, co-chaired by Assemblymember
Gottfried and Senator Hannon. These conference committees then
report back to the “mothership,” which is co-chaired
by Assembly Speaker Silver and Senate Majority Leader Bruno.
Today,
the first of the Conference Committees met, including both Health
and Mental Hygiene. The Mental Hygiene committee has $20 M which
it will be responsible for distributing. As developments occur,
we will keep you posted.
However,
our work is not done yet! Now, we must call-in to our elected
officials in Albany to thank them for their efforts to provide
some funding for community-based mental health services and urge
them to protect these proposed restoration dollars.
Campaign
for a $10 Million Rate Adjustment for Community Recovery and Rehabilitation
Services
THANK
OUR LEGISLATIVE LEADERS….
AND
URGE THEM TO PROTECT PROPOSED RESTORATION DOLLARS FOR RECOVERY
SERVICES!
CALL
TODAY!!!!!
-
Both
the Senate and Assembly budget proposals are in and each provides
for additional money for community recovery providers!
-
The
Assembly seeks a $4.3 million increase for adult and children’s
services, while the Senate has put up $2 million for adult
services.
-
Now that both houses of the NYS legislature have presented
and passed their respective budget bills, we move towards
what appears to be the final 2+ weeks before an expected on
time April 1 budget.
-
We have very little time to act to try and get as much money
for our services as possible!
-
While
we are very grateful to both houses for their support of our
coalition's request for more funding for hard-pressed community
recovery services, we’ll need to put on a full court
press over the next few days to make sure the Legislature
considers us one of their top mental hygiene-related priorities!
THIS
WEEK, Call the Key Legislative Leaders! Please Call:
Senate
Leader Joseph Bruno at 518-455-3191
Senate
Finance Committee Chair Owen Johnson at 518-455-3411
Senate
Mental Health Chair Senator Thomas Morahan at 518-455-3261
Assembly
Leader Sheldon Silver at 518-455-3791
Assembly
Ways & Means Chair Denny Farrell at 518-455-5491
Assembly
Mental Health Chair Peter Rivera at 518-455-5102
and
leave the following message:
“I’m
a registered voter from (your locality) calling to thank you
for your proposal to restore funds for community mental health
recovery services: Please make sure this request survives the
negotiation process and provides critical relief to hard pressed
services for adults and children!
SAVE THE DATE - Building A Safety Net for Families Working
With Parents Struggling With Mental Illness:
March
24, 2006
Holiday Inn, Kingston, NY
10:00am-4:00pm
Building
A Safety Net for Families
Working with parents struggling with Mental Illness
Sonia
Murdock
The Postpartum Resource Center of New York, Inc.
Perinatal Depression
Recognizing Symptoms
Asking for help – Early Detection
Educating Primary Care Providers
Helena
Davis
Mental Health Association NYS
Family Support Toolkit
Joining with Stigmatized Families
Evidence-based parenting practices
Marge
Chianelli
Mental Health Association Dutchess County
Emerge Program
Sponsored
by:
Mental Health Association New York State
Hudson River Family Support Coalition
Columbia/Greene Tier II
Mental Health Association Ulster County
NYS State Office of Mental Health/Hudson River Field Office
Cost Professionals $30.00
Families $15.00
Lunch
Included
Scholarships Available
To
reserve your place please call Shannon at (845) 454-8229
IN
THE NEWS:
Prison
camp likely to stay open another year. By Jim Wright
Binghamton Press & Sun-Bulletin, March 15, 2006
Democrats'
state budget omits funds to convert Pharsalia to sex-offender
facility
PHARSALIA
- Camp Pharsalia, a minimum-security work facility in Chenango
County, apparently will remain open for another year in its current
capacity if the state Assembly and Senate have their way, despite
continued gubernatorial proposals to close it.
But
the future of the 258-bed facility became slightly more tangled
this week. Democrats in the Assembly appropriated millions of
dollars to upgrade housing across the state for use by civil-confinement
sex offenders, which might make Camp Pharsalia unneeded in the
long term. At the same time, the Assembly and Senate differ over
use of the camp and funding after the 2006-07 fiscal year.
The
state Assembly and Senate budget versions each include $5.2 million
to keep Camp Pharsalia operational during the 2006-07 budget year.
But
the Senate has included Gov. George E. Pataki's proposed $132
million to replace the existing Camp Pharsalia with a new 500-bed
maximum-security civil-confinement facility for sex criminals
who even after completing a prison sentence are deemed a danger
to society.
The
governor's initial proposal would close the facility April 1 despite
a legislative agreement last year to provide employees with at
least one-year notification of any closure. Under the Pataki plan,
the new facility would open by 2009.
The
Democrat-led Assembly's version of the state budget omitted money
to convert Camp Pharsalia to the new sex-offender facility that
has been projected to employ more than 1,000 people with an estimated
$80 million annual payroll.
"Basically,
our proposal would deny the transfer of the facility's operation
to the Office of Mental Health, thus allowing the Office of Corrections
to keep it operational for another year," said Assemblywoman
Donna A. Lupardo, D-Endwell.
"We
have proposed over $300 million to address upgrading housing of
over 600 beds across the state for the offenses being discussed,"
Lupardo added. "This would allow the state time to assess
what our actual civil-confinement needs are. It slows up the process,
but doesn't stop it."
The
state Senate, led by Republicans, have a different take on the
future of the camp, located about 10 miles west of the City of
Norwich.
"The
Senate's $5.2 million to continue the camp's operation for another
year was championed by the senator to make sure the workers were
not held hostage during negotiations," said Bijoy Datta,
director of public affairs for Sen. Thomas W. Libous, R-Binghamton.
"The
inclusion of the $130 million in construction funds for the next
facility still leaves that option with the townspeople. It is
the senator's opinion not to have the state jam it down their
throats, but rather for them to decide whether they want it or
not," Datta said.
Town
of Pharsalia Supervisor Dennis O. Brown, a Democrat, said the
state needs to determine its plans in regard to security at any
new maximum-security facility.
"We
need to have the state determine for us what they plan in regard
to security. I think once our residents are assured it would be
a maximum-security facility like other prisons throughout the
state ... the majority of our residents would favor the plan,"
Brown said. "I definitely favor any state plan that keeps
the camp open one way or the other."
The
camp has 101 employees and is the largest employer in the small
town of 542 residents.
The
state Legislature currently requires the Office of Corrections
to provide Camp Pharsalia employees with a one-year closure notification.
The Republican plan to transfer operation to the Office of Mental
Health would allow that notification to be rescinded.
"Camp
Pharsalia is an important component of the state's minimum-security
prison system and the new governor needs input into the use of
this property as well as the employees need protection,"
Lupardo said. "It is only sound policy to look at the big
picture."
Coalition
compares civil confinement proposal to Rockefeller drug laws.
By Joseph M. Gerace
Legislative Gazette, March 13, 2006
Mental
health and legal groups are warning that any civil confinement
legislation passed this session would result in unsound public
policy.
“The
proposed civil commitment law has the same flaws as New York’s
notoriously unjust drug sentencing laws,” said Robert A.
Perry, legislative director of the New York Civil Liberties Union.
“The authority for abuse is great; the protections of public
safety are illusory.”
After
nearly two months of relative silence during the legislative joint
conference committee on civil confinement, mental health advocates
who sternly oppose commitment legislation issued a warning meant
to halt or slow the passing of legislation.
Anne
Liske, the executive director of New York State Coalition Against
Sexual Assault, warned policy-makers to look at civil commitment
in Florida and Kansas, where she said the systems have proved
“disastrous.”
“If
leaders are talking about the need for cost containment in the
state budget,” Liske said, “why replicate a bottomless
pit that has failed elsewhere?”
Richard
Hamill, president of the New York State Alliance of Sex Offenders
Service Providers, said the astronomical financial burden related
to housing sex offenders in civil confinement programs for one
year could range between $80,000 and $100,000 per person.
The
New York State Defenders Association placed other concerns at
the forefront of the latest round of confinement discussions.
Jonathan Graddess, the executive director of NYSDA, urged legislators
to abandon the “ill-conceived idea,” and focus on
alternate strategies to reduce the incidence of sexual assault.
According
to a memorandum from the Defenders Association, the proposed laws
are “fueled by the politically seductive fallacy that the
legal system can correctly identify a small number of ‘mentally
abnormal’ sex offenders who are likely to re-offend …
the truth is far more complicated.”
Similarly,
the New York City Bar Association says both pieces of legislation
buy into the untrue stigma that the mentally ill are more likely
to be violent. Also, NYCBA affirms that many sex offenders have
no diagnosable mental illness and the definition of mental abnormality
is too broad and is constitutionally suspect. The Bar Association
is also concerned that a 22-year-old who had consensual sex with
a 16-year-old could be subject to civil confinement.
But
many legislators are assured that civil commitment is right for
New York and the co-chair of the joint committee on civil commitment,
Sen. Dale M. Volker R,C-Depew, has said that the committee would
do whatever it takes to reach consensus on a joint bill and consequently
a new law.
The
future of the committee and a civil confinement bill are somewhat
uncertain; the committee is postponed until the budget is passed
and the staffs of the committee members will be working on the
bill in private.
Catherine
Peake, Assemblyman Joseph R. Lentol’s chief of staff, reported
that whatever progress was made by the staffs in private would
not be relayed to the public, and the process will not be made
transparent in any way until the joint committee meets again.
Lentol,
a Brooklyn Democrat who is the committee co-chair alongside Volker,
had stressed previously that the public discourse facilitated
by the open meetings of the joint conference committees was essential
if the issue was not to be decided by the all-too-familiar “three
men in a room” scenario.
Joint
civil confinement committee on hiatus. By Joseph M. Gerace
Legislative Gazette, March 13, 2006
According
to a statement from Assemblyman Joseph R. Lentol, D-Brooklyn,
the joint legislative committee on civil commitment will postpone
further meetings while their staffs “continue working to
bridge differences between the two houses on civil commitment
legislation.”
The
committee had expired earlier this month and was later renewed
with lukewarm enthusiasm and few results; the group met twice
this week, took up no new positions and made no definite compromise.
In
the interest of passing an on-time budget, the committee will
be postponing its meetings until the budget is resolved, but Assembly
and Senate staffs will try and pick up for the lost time by meeting
behind closed doors to iron out legislation.
Civil
confinement as reality. By Gene Warner
Buffalo News, March 10, 2006
A
Buffalo native who spent 7 years in prison for molesting 3 boys
says that for the next 4 years, Florida law treated him 'like
a dog'
He's
a Bronze Star-decorated Vietnam veteran who was shot in the neck
and survived two helicopter crashes in that war.
He
later was a successful businessman in Florida.
He
is also a convicted sex offender, found guilty of committing sexual
acts against three teenage boys in Florida.
This
Buffalo native, in his late 50s, is back home now, and he agreed
to tell his story only if he weren't named.
He
has a different perspective from almost every other New Yorker
debating "civil confinement," the latest weapon in the
fight against sex offenders.
He
has lived it, serving four years in a Florida facility after completing
his prison term.
And
this man preferred prison to Florida's civil confinement.
Civil
confinement is a way to keep a small percentage of sex offenders
- those deemed almost certain to sexually abuse someone again
- in mental facilities after they are released from prison.
"Civil
confinement" has become the latest catch phrase in New York
as state legislators try to agree on a new law. Gov. George E.
Pataki recently proposed a new 500-bed facility for sex offenders
in Chenango County.
The
Buffalo man knows all about confinement. After seven years in
prison for sexually abusing the boys, he was sent to a Florida
civil facility known as Arcadia from 2000 to 2004.
And
while he believes civil confinement can work, if done properly,
he has nothing good to say about the four years he spent in Arcadia.
The Florida facility has been generally panned by experts, for
warehousing former prisoners and giving them little counseling.
"I
was made to feel like a dog," he said during a 90-minute
interview in a downtown coffeehouse. "We were dogs in a pen.
It was the sex-offender corral."
He
wasted four years there, he said, and contends the clinic staff
was unqualified. Given two days to leave Florida after his release,
he came back to Buffalo, where counseling has helped him make
better choices.
"Never
had help"
The
Buffalo man has his own suggestion for New York's version of civil
confinement.
"It
really needs to be a secure place for the most dangerous person,
but it also has to be a humane place," he said. "Let
them feel like they're getting help. Most of these people have
never had help."
Civil
confinement already has become law in 16 states. It's the latest
trend, as legislators respond to public-safety concerns in their
attempts to restrict sex offenders and reduce the number of repeat
offenses.
Although
details still are being worked out, the proposed New York State
law would allow convicted sex offenders to be sent to civil confinement
if a jury decides that the person has a "mental abnormality"
that makes him a sexual predator.
Experts
in the treatment of sex offenders cite a few basic points the
public needs to realize about civil confinement:
-
It
will confine relatively few convicted sex offenders, less
than 5 percent.
-
It
is expensive, much costlier than keeping someone in prison.
Estimates of the annual cost per offender vary widely, up
to more than $200,000.
-
It
will have to survive some legal challenges, especially from
civil liberties groups.
-
To be successful, it must provide some treatment, even for
the most hard-core offenders who often resist help. Otherwise,
they can get worse.
"Going
to be expensive'
New
York's plan will provide intensive treatment in an effort to reach
the hard-core group.
"If
you're going to do something to deal with this issue, you've got
to do it right," said one key supporter, State Sen. Dale
M. Volker, R-Depew. "Yes, it's going to be expensive. We
want to be one of the pace-setters in the country on this issue."
Kenneth
J. Duszynski, a leading local counselor of sex offenders, lauded
the concept.
"Only
5 percent of sex offenders are resistant to treatment and are
true predicate offenders," said Duszynski, who counsels adults
at Mid-Erie Counseling & Treatment Services. "They will
not stop. For that 5 percent, the only way to stop them from re-offending
is civil confinement. We have not found an adequate way to treat
them and put them back safely in the community."
Duszynski
and other experts scoff at the extremely high rates of recidivism
often attributed to sex offenders. In fact, various studies say
that anywhere from 8 to 52 percent of convicted sex offenders
are arrested again after being released from prison.
"Individuals
who are not predicate offenders stand at least a 50-50 chance
of benefiting from treatment, and if they complete treatment,
of not committing additional sex offenses," Duszynski said.
"I can't cure [some of them], but I can teach them not to
commit any more sex offenses."
Civil
confinement has come under attack, mostly from civil libertarians
and from mental health officials and advocates. Some contend that
politicians are pandering to the public's fears about sex offenders.
Mental
health advocates are concerned that civil confinement will drain
mental health dollars, put sex offenders near patients, and unfairly
portray the mentally ill as sex offenders.
"If
we cannot stop the juggernaut that is likely to confine sex offenders
in mental health facilities," said Harvey Rosenthal, executive
director of the New York Association of Psychiatric Rehabilitation
Services, "then we want those facilities to be completely
separate and apart."
Would
like to apologize
The
sex offender who lives in Buffalo seems like the type of offender
who can benefit from effective counseling.
He
was beaten and sexually abused as a child, then raped by a battalion
commander in Vietnam, he said.
"The
more you're desensitized by what happens to you, it's easier for
you to cross that line," he said. "Your standards go
right out the window."
He
now attends counseling sessions at Mid-Erie Counseling.
"I've
learned to make better choices," he said. "I've learned
there are consequences for every action. Those consequences affect
everyone, including anybody you love.
"What
I did disgusts me. I live with the guilt and shame of that every
single day."
He
shies away from places where teenagers may congregate, such as
the auto show or church. He tries not to even look in a teen's
direction.
And
he would like to apologize to the teenage boys he violated:
"I'd
ask them to understand what drove me to the choices I made. I'm
sorry for the respect they've lost for me. Those boys really respected
me, and I threw it away for nothing."
Revived
Timothy’s Law Passes Assembly.
North County Gazette, March 10, 2006
ALBANY---Timothy's
Law, a mental-health parity bill aimed at ending discrimination
against mental-health care and addiction treatment by insurance
companies in New York State, has been passed by the state Assembly.
At a Capitol news conference, prior to the bill's passage, sponsor
Assemblyman Paul Tonko was joined by Assembly Insurance Committee
Chair Alexander "Pete" Grannis and Peter Rivera, chair
of the Mental Health, Mental Retardation and Developmental Disabilities
Committee as well as mental-health-care advocates in urging the
Senate also to approve the measure this year. The legislators
hailed the bill's goal of expanding the limited mental- health-care
and addiction-treatment insurance coverage currently available
to New Yorkers.
The
legislation is known as Timothy's Law, for Timothy O'Clair of
Rotterdam who took his own life five years ago, before his 13th
birthday. Tom O'Clair, Timothy's father, and other members of
the O'Clair family also participated in the news conference. They
explained their painful loss and the suffering they continue to
experience because they lacked adequate health insurance coverage
required to access desperately needed treatment.
"Timothy's
Law is a top priority for the 2006 legislative year. This bill
establishes the rights of those who need mental-health care or
addiction treatment so that these individuals will no longer be
second-class citizens in our health-insurance system," said
Assembly Speaker Sheldon Silver. "Mental-health parity has
long been a major issue for the Assembly. We urge the Senate to
recognize the severity of this health-care crisis and quickly
follow our lead and pass this critical piece of legislation so
that it becomes law this year."
"Each
year health plans continue to cut back on coverage for mental-health
care and addiction treatment," said Tonko (D-Schenectady/Montgomery
counties). "Our parents, children, friends and family cannot
continue to stand by and watch insurance coverage for these treatments
erode from year to year. Most families can't afford to pay out-of-pocket
for expensive care, whether it be outpatient counseling, rehabilitation
or inpatient care."
"It
is time to end insurance discrimination against mental-health
care and addiction treatment in New York. Timothy's Law will accomplish
that. We should join the 35 other states that have adopted parity
laws. I am determined to see Timothy's Law enacted in 2006. Under
Assemblyman Tonko's leadership, this bill will pass the Assembly
and get us one step closer to ending the devastation experienced
by so many New Yorkers and their families," said Tom O'Clair,
a tireless advocate of the bill.
Tonko,
Grannis and Rivera stressed the need to address this dire health-care
situation immediately. Their urgency was confirmed by several
mental-health advocates, who shared their first-hand experiences
with insurance plans that failed to cover much needed mental-health
care and addiction-treatment services.
"The
experience of the state's own Empire Plan shows that it is possible
to offer a comprehensive mental-health benefit without busting
the bank. It is time to end the discrimination against mental
illness," said Grannis (D-Manhattan), who noted that comprehensive
parity laws in other states have not been accompanied by the often-feared
increases in health-insurance premiums.
"The
need to extend full insurance coverage for mental-health services
is very evident. Most recently, Gov. Pataki has proposed screening
400,000 New York children for mental illness. Without adequate
insurance coverage, such as that provided by Timothy's Law, these
screenings are empty promises of help for thousands of children,
adults and families throughout our state that will not be able
to afford health services and treatment," said Rivera (D-Bronx).
"My
stepson, Chris, died last year after being denied treatment. He
left behind a family who loved him and many hopes and dreams for
the future, such as getting his GED and working in his father's
union. Words can't say how much we miss him. This is discrimination
in its most deadly form," said Kim Spicciatie, who spoke
of her family's grief in the wake of losing a loved one after
having difficulties obtaining care for his mental-health and substance-abuse
problems.
"In
addition to being executive director of the National Alliance
on Mental Illness of New York State, I am also a family member
of a loved one who suffers from a mental illness - my wife. Last
year, I spent almost $10,000 out-of-pocket for her medical care.
After dealing with my HMO for many months, I finally was reimbursed
about $1,700 in October. That's 17 cents on the dollar. If she
had heart disease or diabetes, almost all of her medical expenses
would have been covered. It just isn't fair. Insurers should be
required to treat illnesses of the brain like illnesses of other
parts of the body," said David Seay, a member of the Timothy's
Law Campaign Executive Committee.
"My
family gave up our house and moved in with my mother to be able
to afford the services that our son John needed. Mental health
care is just that-health care. It is medical treatment that can
save the life of a child. The financial sacrifices our family
made were worth it because, thankfully, John is now doing great.
But I do wish we could have afforded to keep our home and to take
a family vacation like other families," said Diane Lang,
a mother from Long Island who told of the challenges she faced
in obtaining treatment for her son.
Summing
up for the family members and mental-health-care consumers, Paige
Pierce, executive director of Families Together in New York State
and co-chair of the Timothy's Law Campaign, called for the enactment
of Timothy's Law this year. "How many more tragedies will
the families of New York have to endure? Timothy's Law must become
law in 2006," she insisted.
Timothy's
Law is supported by more than 320 state organizations united under
the Timothy's Law Campaign.
In
2004, a version of Timothy’s Law was passed by the Senate
but was never referred to a conference committee.
Assembly
won’t give up on Timothy’s Law; Senate moves forward
with its own bill. By Kelly Smith
Legislative Gazette, March 13, 2006
Timothy’s
Law, named for a young boy from Schenectady who took his own life
at age 12 after his family’s insurance coverage for mental
health treatment ran out, passed in the Assembly last Wednesday
by a vote of 134 to nine.
The
bill (A.2912-a/S.6735-a) would require all insurance carriers
in New York State that provide coverage for medical care to provide
equal coverage for the treatment of mental and emotional disorders
and addiction issues.
Legislators
and mental health advocates held a press conference before the
Assembly vote to express their support.
Assemblyman
Paul D. Tonko, D-Amsterdam, sponsor of the bill, said 35 states
are “ahead of New York” in recognizing the need for
greater insurance coverage for mental illnesses and said this
is an issue New York State cannot ignore.
“This
is about fairness, this is about justice, this is about who we
are as a people,” he said.
Assemblyman
Peter M. Rivera, D-Bronx, chair of the Assembly standing committee
on mental health, mental retardation and developmental disabilities,
said he gets thousands of visitors to his office each session
to discuss issues related to mental health. The one thing all
those visitors have in common, he said, is the request that the
Legislature pass Timothy’s Law.
Kim
Spicciatie, whose stepson Chris died last year after being denied
treatment, held back tears as she told his story. After he was
unable to continue inpatient treatment due to insurance issues,
he overdosed on alcohol and ultimately lost his life.
“Words
can’t say how much we miss him,” she said. “This
is discrimination in its most deadly form.”
Timothy’s
father, Tom O’Clair, was also at the press conference and
stressed the importance of passing this bill so other families
do not have to go through what his did.
“Timothy’s
story is just one,” he said, “but it is representative
of many.”
Some
have raised concerns about the cost of expanding insurance coverage.
But Assemblyman Pete Grannis, D-Manhattan, chair of the Assembly
insurance committee, said the bill would actually save money.
He
said letting people with mental illnesses or addiction issues
go untreated leads to even more costly and complicated problems
down the road. He also pointed out that 35 other states would
not have adopted mental health parity policies if they broke the
bank.
O’Clair
said it is also important to recognize the costs incurred by lack
of productivity when an employee or a member of their family is
not receiving proper treatment. He estimates over 4 1/2 years,
he missed 800 hours of work to deal with Timothy’s issues,
not counting hours he was at work but unproductive.
Timothy’s
Law has been proposed by a sponsor in the Assembly or the Senate
every year since 2003. It has passed in the Assembly each year
but has never been brought to the Senate floor for a vote.
The
legislators and advocates said they are hopeful this will be the
year Timothy’s Law will make it through the Senate and onto
the governor’s desk.
“We
urge the Senate to recognize the severity of this health-care
crisis and quickly follow our lead and pass this critical piece
of legislation so that it becomes law this year,” said Assembly
Speaker Sheldon Silver, D,WF-Manhattan.
At
the press conference, Grannis said Senate Majority Leader Joseph
L. Bruno, R-Brunswick, is the missing part of the Timothy’s
Law equation.
But
Bruno spokesman Mark Hansen said the Senate has passed its own
bill dealing with mental health parity in the past and there is
currently one (S.1672) being sponsored by Sen. Thomas W. Libous,
R,C-Binghamton, that would provide a “very broad range of
mental health services.”
The
difference between the Assembly and Senate bills, he said, is
the Senate would exempt small businesses with 50 or fewer employees
from having to establish mental health parity in their insurance
policies. The concern, he said, is they would not be able to afford
the coverage, and it would discourage them from providing health
insurance at all.
But
he was quick to dispel the notion that Bruno or the Senate opposes
the fundamental aim of Timothy’s Law.
“Do
we support the idea of mental health parity?” he said. “Generally,
yes we do.”
Local
objection to Timothy's Law strong. By Erik Kriss
Syracuse Post-Standard, March 12, 2006
Central
New York could be the hotbed of opposition to Timothy's Law -
if there is such a thing in view of the bill's 134-9 Assembly
passage.
Two-thirds
of the votes against the bill requiring insurance parity for mental
health treatment came from Republicans from the greater Central
New York region: Will Barclay of Pulaski, Brian Kolb of Canandaigua,
Robert Oaks of Macedon, Thomas O'Mara of Horseheads, Clifford
Crouch of Bainbridge and James Bacalles of Corning.
The
bill is named after Timothy O'Clair, a 12-year-old Schenectady
boy who committed suicide in 2001. His father, Tom, has since
advocated requiring insurance companies to cover mental health
and addiction treatments as fully as physical procedures.
Assembly
Speaker Sheldon Silver, D-Manhattan, called Timothy's Law "a
top priority for the 2006 legislative year" in advance of
Wednesday's vote.
Barclay
and Kolb echoed opponents' concerns that an additional health
insurance mandate would increase costs for hard-pressed small
businesses. Both said they prefer versions of Timothy's Law that
include exemptions or tax credits for small employers.
The
Assembly and Senate remain unable to reach compromise over Timothy's
Law.
Adult
home advocates say law allows residents to swelter. By Candice
Choi
The Ithaca Journal, March 13, 2006
ALBANY,
N.Y. (AP) -- Overweight and prone to asthma attacks, Gerard Heller
is dreading the summer when the temperature in his adult home
starts climbing.
"There
are only a couple of rooms that have air conditioning. A lot of
times they shut it off after a while to save money. It's hideous,"
said Heller, who's been hospitalized several times because of
heat-triggered asthma attacks.
While
nursing homes built after 1991 must have central air conditioning,
the Health Department only requires adult homes to ensure residents
are not put at risk on hot days. Protections can include closing
blinds or making sure residents drink enough fluids, according
to Health Department guidelines.
A
survey by the Coalition of Institutionalized Aged and Disabled
in New York City found more than half of adult homes in the state
did not have air conditioning available in every resident room
last year.
Many
of those that offer it require additional fees of up to $50. Yet
about a third of the 40,000 people living in adult homes across
New York are mentally ill and survive on a Social Security allowance
of $150 a month.
"It's
unaffordable," said Heller, who lives at Surf Manor.
Adult-home
residents are typically not as frail as those living in nursing
homes, but they represent an elderly and often disabled population
who are taking medications that make them sensitive to heat.
As
a growing number of elderly people opt for adult homes, government
oversight of such facilities is likely to become more stringent,
said Lisa Newcomb, director of the Empire State Association of
Assisted Living Facilities.
That's
already starting to happen.
This
month, state Assemblyman James Brennan introduced a bill to provide
$7 million for air conditioning in adult homes.
The
bill by the Brooklyn Democrat would also give the state Health
Department power to regulate any fees adult homes charge residents
for air conditioning.
Operators
of adult homes with large populations of residents on Social Security
say air conditioning is unaffordable for them as well. These homes
are reimbursed $32 a day for each resident, but must provide a
full range of care for residents.
"If
you're going to have additional mandates like air conditioning,
you need to provide the additional funding," Newcomb said.
After
exploring the possibility of installing air conditioning in all
rooms at residents' request last summer, Surf Manor decided it
was too expensive, said Abraham Lichtschtin, an administrator.
The common areas at the home are air conditioned.
That
is the case in most adult homes, with cafeterias and recreation
rooms often being air conditioned, said Rob Kenny, spokesman for
the state Health Department.
But
critics say the problem is that temperatures in private rooms
can soar much higher.
"If
you think about the sickest and most frail patients, they're the
ones spending the most time in their rooms," said Tanya Kessler,
spokeswoman for the Coalition of Institutionalized Aged and Disabled.
She
said residents - many of whom do not have their private phone
lines - often fear making complaints, while others feel complaints
will go unheard.
