June
6, 2006
CAPITAL
REGION TIMOTHY’S LAW RALLY A GREAT SUCCESS:
More than 100 people came out to demonstrate
the grassroots support Timothy’s Law enjoys on Friday. Media
coverage was excellent as is evidenced by the sampling that follows
below.
IN THE NEWS:
Rally
for Mental Health Care - Supporters of Timothy's Law Gather in
Congress Park in Effort to Sway State Senate.
By Kenneth C. Crowe II
Albany Times Union, June 3, 2006
SARATOGA
SPRINGS -- The drive to encourage the state Senate to pass Timothy's
Law came to Senate Majority Leader Joseph L. Bruno's district
Friday as 100 supporters rallied in Congress Park.
Chanting
in support of a law that requires treatment for mental illness
and addictions to be covered by insurance companies, the campaign's
backers were attempting to raise public awareness.
"Had
there been mental health parity 16 years ago, Timothy and so many
others would be with us today," said Tom O'Clair of Rotterdam.
The proposed law is named after O'Clair's son, Timothy, who was
12 when he committed suicide by hanging himself. Timothy took
his life after battling depression and other aspects of mental
illness for five years.
After
the rally, O'Clair said Timothy should have been attending his
senior prom at Mohonasen High School on Friday.
The
law, if approved, would require New York state, where such coverage
is limited, to provide financial relief for the families that
cannot afford treatment. The bill would put the state at the same
level of coverage as 35 other states.
The
state Assembly has passed the bill four years in a row, including
this March. It's never made it to a vote in the Senate.
An
alternative bill has been supported by the Republican majority
in the Senate. Timothy's Law is backed by the Democratic minority.
"We
believe the mental health parity bill addresses all concerns.
It's based upon biological information from mental health experts,"
Kris Thompson, a spokesman for Bruno, said regarding the majority's
bill.
J.
David Seay, executive director of the National Alliance on Mental
Illness -- New York State, described his family's efforts in paying
the bills for his wife Anita's treatment.
His
family received just $1,700 from its insurance company to pay
bills that totaled $10,000, Seay said.
The
campaign has held rallies at Jones Beach on Long Island, White
Plains, Binghamton, Utica, Watertown and Hudson. Organizers plan
to hold rallies in Syracuse and Buffalo.
Timothy’s
Law Rally Draws People to Congress Park.
By Paul Post
The Saratogian, June 3, 2006
SARATOGA
SPRINGS -- Tom O'Clair planned on attending Mohonasen High School's
senior prom Friday night, although his son, Timothy, wouldn't
be there.
Timothy
committed suicide four years ago at age 12 because he couldn't
get adequate mental health services, his family says.
More
than 50 people, from Essex County to Albany, rallied at Congress
Park on Friday to support a bill called Timothy's Law that would
require insurance companies to provide equal coverage for physical
and mental health problems.
'Mental
health parity has run off the walls of the state capitol for the
past 16 years,' said Tom O'Clair, of Rotterdam.
At
present, insurers are only required to provide coverage for 30
days of hospitalization or 20 outpatient visits for mental health
cases. Timothy's Law would correct such apparent inequities.
The
state Assembly has passed the measure, but it's been blocked in
the Senate, where Majority Leader Joseph Bruno, R-Brunswick, has
said the law would be too costly for small businesses that couldn't
afford higher premiums. In 2004, the Senate passed its own mental
health parity bill, and last year, negotiations went down to the
wire, but a compromise wasn't reached before the session ended.
The
Senate bill has three major differences from Timothy's Law, which
is sponsored by Assemblyman Paul Tonko, D-Amsterdam:
-
Businesses with less than 50 employees would be excluded.
-
Coverage would not be extended to people with alcohol and drug
dependency.
-
Only biologically based mental illnesses such as schizophrenia,
depression, bipolar and delusional disorders, paranoia and eating
disorders such as bulimia, anorexia and binge eating are covered.
'That
excludes millions of New Yorkers,' said Michael Seereiter of the
nonprofit Mental Health Association in New York State.
Rallying
in the heart of Bruno's district, people carried posters and shouted
chants they hoped would reach the senator's Broadway office. Backers
carried signs with messages such as, 'If Timothy were a senator's
son, S.6735-A would have passed,' 'Insure the Future' and '35
other states have parity, why doesn't New York?'
The
state Legislature's session ends on June 22, allowing just three
weeks for the bill to pass. On June 20, Timothy's Law backers
plan to rally during a baseball game at Joseph L. Bruno Stadium
in Troy.
O'Clair
said he'll keep fighting for as long as it takes.
'I'll
be back until the New York Senate majority realizes that mental
health parity is something we need and passes Timothy's Law,'
he said.
David
Seay, head of the National Alliance for Mental Illness, said he
paid $10,000 out-of-pocket last year for his wife's mental health
treatment. After nine months of haggling, his insurance plan paid
him $1,700.
'That's
17 cents on the dollar,' he said. 'God forbid if she had cancer,
heart disease or diabetes. But that would have been paid in full.
That's not right and it's not fair.'
O'Clair
said Timothy had multiple diagnoses, including defiance disorder,
depression and attention deficit hyperactivity disorder. When
their personal insurance coverage expired, the O'Clairs had to
give up legal custody of their son so that he could become Medicaid
eligible and receive treatment through Schenectady County's Department
of Social Services.
Timothy
spent nine months in foster care, followed by seven months in
a children's home that had a round-the-clock support network.
'Timothy
looked like he was at a level where he could come back home,'
Tom O'Clair said.
Six
weeks after returning home, Timothy committed suicide on March
16, 2001.
With
proper funding, thousands like Timothy would get the 24-hour care
they need to avoid such tragic fates, O'Clair said.
'They're
being cheated out of what is a human right, the right to not suffer,'
he said. 'To pass a lesser bill means that some people are still
going to be left out in the cold.'
The
O'Clairs have established two memorial scholarships to honor Timothy,
who would have graduated from high school this year, one of many
milestones they'll never enjoy.
'Throughout
the rest of my life, there's going to be times when there's a
tug at the heartstrings,' O'Clair said. 'Graduating from college,
wedding day. The list goes on and on.
Event
Takes Aim at Insurance for Mental Health. By
Matthew Rabin
Saratoga Today, May 31, 2006
SARATOGA
SPRINGS– A rally to show support for Timothy’s Law
is scheduled for Friday in Congress Park.
Timothy’s Law is proposed legislation aimed at requiring
health insurance companies to provide coverage for mental health
treatment and substance abuse for children.
The event is scheduled to take place at noon.
“Supporters
of Timothy’s Law will demonstrate the broad grass roots
support Timothy’s Law enjoys throughout the Capital Region
by holding a rally in Saratoga Springs. Those gathered will call
upon New York State Senate Majority Leader Joseph L. Bruno, R-Brunswick,
to bring Timothy’s Law, to the senate floor for a vote,”
according to a press release from Families Together Policy Agenda.
Timothy’s Law has been passed by the assembly a number of
times but has yet to pass in the Senate.
“Timothy’s
Law is a bill in New York state named in memory of Timothy O’Clair
a 12-year old boy who committed suicide in March 2001 following
a five year struggle with mental illness,” according to
the press release.
“Some
concerns have been raised by businesses…that it could result
in a raise in insurance costs,” said Mark Hansen, spokesman
for Bruno.
Another concern of the Senate is that there would be more uninsured
New Yorkers as a result of higher insurance rates, Hansen said.
The senate has been working with health providers to come up with
a good package Hansen said.
“If
enacted, this health maintenance organization legislation would
amend the Insurance Law to require insurers and coverage for mental
illness and addiction services equal to that which is provided
for other medical conditions by insurers and HMOs,” stated
the press release.
Breaking
the Silence of Mental Illness
Binghamton Press & Sun Bulletin,
May 30, 2006
ENDICOTT
-- Patricia Hauptfleish could be silent about her illness.
After
all, she works full time and lives in the small community of Endicott,
surrounded by people who might not understand.
But
if everybody who's dealing with a mental health diagnosis treated
it as a deep, dark secret, the stigma surrounding their conditions
would never go away, she says.
So
Hauptfleish, 43, is choking back her misgivings and telling the
world she's not ashamed.
She's
bipolar -- but she refuses to let her illness be the only word
to define her.
She's
a single mother of two, a full-time secretary in the Union-Endicott
school system, and a homeowner. She's a gardener, an avid reader,
and she volunteers time to help others.
A
few years ago her doctors finally hit on the medical mix that
gave her back control of her life. Now, she stays healthy by eating
right and exercising, by keeping in close contact with her medical
team and gratefully accepting the support of those who love her.
She's
a successful human being by most standards, she quietly says,
and so are many people whose illnesses happen to be mental rather
than physical.
The
Mental Health Association of the Southern Tier (MHAST) offers
support in many forms, explains Nicki French, director of support
services. Some of those who administer that support as staff have
been recipients of mental health services themselves. Their empathy
and understanding make their support all the more valuable.
"We
have a variety of programs over and above counseling and therapy,"
she says. MHAST offers plenty of information, too, for a troubled
person or his or her loved ones. Often those close to an individual
can see problems the individual may not be able to recognize.
Compeer,
wherein one person befriends an individual with a mental health
diagnosis, is just one way MHAST can help guide people into finding
ways to deal with their illnesses. It's an agency with many resources
for the diagnosed individual as well as his or her loved ones.
Pat's
mother, Hilda Hauptfleish of Endicott, shows more than maternal
pride when she speaks of her daughter.
"Some
people just throw up their hands and say, 'I can't do it,' "she
says. "(Pat) never did that. She always managed to move forward,
even in the worst times."
Those
times, now long past, weren't easy. Hilda knew something was amiss
with her daughter, but neither one could identify the source of
the problem. Pat seemed agitated and angry, and she'd bounce from
times of wild energy to crippling depression.
Once
Pat's condition was understood and treated appropriately, she
was able to get her life back on track.
Her
bosses and co-workers tolerated a lot before she had her illness
under control, she says.
"Work
was patient with me," she says. "They worked with me
until my doctor was able to get me a combination (of medicines)
that helped me. I feel really bad about that."
Robert
Phillips of Binghamton flatly states that he's proud of Pat, who's
his sister. He applauds her for telling her story to the world.
"It's good to put a face on (mental health issues) so people
understand it could be their neighbor, their sister, anyone in
the community."
And
his sister's life stands as proof that there's plenty of hope
for those who fight for their health through all the frustration
of trial and error to find the appropriate treatment.
"Half
the battle is getting the help you need," says Phillips,
who's an employee assistance program coordinator at the Broome
Developmental Center.
Pat
admits she often feels that people who know about her illness
are waiting for her to stumble.
"No
matter how much I've achieved, I feel like I constantly have to
prove myself," she says. But that's OK, because she intends
to continue living a life she considers to be successful.
"There
are lots more stories (like Pat's)," says French. "And
they're the ones we need to see."
We
Need to Do More to Help the Mentally Ill
The Saratogian Editorial, June
4, 2006
Last
Sunday through Tuesday, The Saratogian published a special
series about mental illness issues in Saratoga County. We titled
the package of stories 'Out of the Shadows' as a nod to the stigma,
misunderstanding, silent suffering and dearth of treatment for
people with mental illnesses and their families. Only by bringing
these problems and possible solutions out in the open can they
be addressed.
So
let's get to it.
Three
of the biggest areas of concern and their possible partial solutions
are:
- Inadequate insurance coverage for treatment of mental illness.
State lawmakers should move ahead with Timothy's Law to provide
more insurance coverage for treatment of mental illness. Among
the bill's proponents is Saratoga Springs' Assemblyman Jim Tedisco,
whose district also includes Rotterdam, the hometown of the boy
for whom the legislation is named -- a boy who committed suicide.
-
A severe shortage in both doctors and services available specifically
for youth. The estimated need for trained child and adolescent
psychiatrists in the country is more than four times the 6,300
currently in the field. A psychiatrist at the private Four Winds
Saratoga runs a program that teaches pediatricians and general
practitioners about symptoms, medications and treatment options.
That's a start. But private sector patients can still find themselves
waiting four to six weeks to see a psychiatrist.
-
Too few supervised residential options for the mentally ill. Saratoga
County has a number of supervised homes or apartments and support
services provided by the Transitional Services Association, a
low-profile agency that serves about 300 people, 270 of whom have
persistent mental illnesses. But it's not enough. The head of
the Saratoga County Mental Health Office wishes the state would
expand the number of community residence beds, apartments and
supervised living for mental health outpatients. And he says that
when a child leaves a hospital, there is no room in a residential
treatment facility for youths.
These
are by no means issues limited to Saratoga County. We can't begin
to solve the nation's problems, but things can be done close to
home through county and state legislation and funding.
Mental
Health Coverage Parity Sought. By
Robin K. Cooper
Schenectady Daily Gazette
Timothy
O’Clair would have turned 18 this year. He would have attended
the prom. He would have graduated from high school.
But
in March 2001, just six weeks after he returned home after being
treated for mental illness, the Rotterdam boy hung himself in
his bedroom closest.
More
than five years later, his father, Tom O’Clair spends much
of his spare time traveling the state with a campaign of supporters,
hoping to persuade the Legislature to amend laws that would provide
the same health care coverage for people with mental illness as
others receive for physical ailments.
"Every
year, I hope it’s going to be the year," Tom O’Clair
said.
O’Clair
and a group of about 130 supporters visited the historic Congress
Park in Saratoga Springs on Friday, part of a tour that has taken
them to Binghamton, Buffalo, Hudson and White Plains, seeking
support for their cause.
"There
is no doubt in my mind that [Timothy] would be alive today had
he had the proper care," O’Clair said.
The
problem was that O’Clair was able to get only limited help
for his son because insurance covered just 20 doctor visits and
30 inpatient days each year.
J.
David Seay, director of the National Alliance on Mental Illness
— New York State, said he is well aware of the struggles
of people like O’Clair.
Seay,
whose wife also suffers from a mental illness, said he spent about
$10,000 on health care for his wife and only after a battle with
the insurance company did he receive a reimbursement for $1,700.
"We
need parity," he said.
That’s
why O’Clair, Seay and supporters are advocating enactment
of "Timothy’s Law," which has been passed by the
Assembly and would provide the same coverage for people with addictions
and other mental health problems as it does for people with other
ailments.
The
Senate has declined to pass the legislation. Last year, a "compromise"
bill was approved by the Senate. But that measure exempted small
businesses and it did not include people with addictions, according
to Michael Seereiter, a spokesman for the Timothy’s Law
Campaign.
Seay
said he believes the Senate is starting to be concerned about
the upcoming elections, which he believes could sway some of the
incumbents to back the proposed mental health law.
A
spokesman for Senate Majority Leader Joseph L. Bruno, RBrunswick,
said Bruno has tried to reach a compromise and the Senate is willing
to discuss the issue.
Assemblyman
Paul Tonko, DAmsterdam, said the Senate has been disingenuous
in claiming that the proposed law will be costly.
It
has been proven that increased coverage for people with mental
illness actually will save money in the long run, because it prevents
other problems, he said.
The
estimated monthly cost of extending health care coverage is $1.26
per person, Seay said.
Medicaid
Rules Toughened on Proof of Citizenship. By
Robert Pear
The New York Times, June 5, 2006
WASHINGTON,
June 4 — The Bush administration plans this week to issue
strict standards requiring more than 50 million low-income people
on Medicaid to prove they are United States citizens by showing
passports or birth certificates and a limited number of other
documents.
The
new standards follow a tussle with Congress. Federal health officials
had considered giving states broad discretion to accept affidavits
in place of official documents. But House Republicans complained,
and the administration backed off, allowing affidavits "only
in rare circumstances."
The
requirements, which take effect July 1, carry out a law signed
by President Bush on Feb. 8.
They
vividly illustrate how concern about illegal immigration is affecting
domestic social welfare policy. The purpose of the law was to
conserve federal money for citizens, reducing the need for states
to cut Medicaid benefits or limit eligibility.
Gov.
Rick Perry of Texas won enthusiastic applause at a state Republican
convention on Friday when he vowed to increase border security
and said, "Texas will start requiring every Medicaid applicant
to verify that they are in the country legally in order to receive
benefits."
But
officials in some other states and advocates for the poor said
the new requirements could cause hardship for children, older
Americans and poor people born at home in rural areas who never
received birth certificates. Children account for about half of
Medicaid recipients. People 65 and older account for about 10
percent.
Jennifer
M. Ng'andu, a health policy specialist at the National Council
of La Raza, a Hispanic rights group, said, "The documentation
requirements will cause confusion about eligibility and will put
up barriers to enrollment."
In
general, Medicaid is available only to United States citizens
and to certain "qualified aliens." Before the new standards,
in many states, people who declared they were citizens did not
have to support the claim.
But
in a letter being sent this week to state officials, the Bush
administration says, "Self-attestation of citizenship and
identity is no longer an acceptable practice."
In
the law, Congress listed examples of documents that could be used
to show citizenship, and it said the secretary of health and human
services could "by regulation" specify other acceptable
documents.
The
main proponents of the new requirements were two Republican House
members from Georgia, Representatives Charlie Norwood and Nathan
Deal.
John
E. Stone, a spokesman for Mr. Norwood, said Sunday: "Charlie
provided feedback to the administration in the last two weeks
to make sure the regulations would not undermine the intent of
the law. Obviously you need some flexibility so that a 92-year-old
woman with Alzheimer's does not get kicked off Medicaid. What's
unacceptable is for people to claim benefits or sign affidavits
swearing they are citizens without any verification."
In
an interview Sunday, Dr. Mark B. McClellan, administrator of the
Centers for Medicare and Medicaid Services, said, "We want
to provide an effective way to document citizenship without placing
excessive burdens on states or beneficiaries."
In
the letter to state Medicaid directors, the administration says,
"An applicant or recipient who fails to cooperate with the
state in presenting documentary evidence of citizenship may be
denied or terminated" from the program.
The
requirements will be enforced when a person applies for Medicaid
or when eligibility is first recertified on or after July 1. In
general, applicants and recipients will have 45 days to provide
documents. People with disabilities will have 90 days.
States
typically redetermine eligibility every 3 to 12 months. "Once
citizenship has been proved, it need not be documented again"
because it does not normally change, the administration said.
But
the guidelines include a significant ambiguity: "An individual
who is already enrolled in Medicaid will remain eligible if he
or she showed a good-faith effort to present satisfactory evidence
of citizenship and identity, even if this effort takes longer
than 45 days." The administration says that "beneficiaries
will not lose benefits as long as they are undertaking a good-faith
effort to provide documentation."
States
have a strong incentive to enforce the requirements. If they fail
to do so, they can lose federal Medicaid money.
The guidelines say states should help people document citizenship,
especially if they are homeless, mentally impaired or physically
incapacitated and have no one to act on their behalf.
The
guidelines list four categories of documents that can be used
as evidence of citizenship, from the most reliable to the least
trustworthy. The best evidence, they say, is a United States passport
or a certificate of naturalization. The next category includes
state and local birth certificates and State Department documents
issued to children born abroad to United States citizens.
The
third category consists of nongovernment documents showing place
of birth. These include medical records from doctors, hospitals
and clinics; nursing home admission papers; and records from life
and health insurance companies.
The
fourth category includes affidavits, which can be used "only
in rare circumstances when the state is unable to secure evidence
of citizenship" from other sources.
"An
affidavit must be supplied by at least two individuals, one of
whom is not related to the applicant or recipient," the guidelines
say. "Each must attest to having personal knowledge of the
events establishing the applicant's or recipient's claim of citizenship.
The individuals making the affidavit must be able to provide proof
of their own citizenship and identity."
People
signing affidavits may also be asked "why documentary evidence
of citizenship does not exist or cannot be readily obtained."
Patrick
Kennedy is 'Better' After Treating Dependency.
By John Holusha
The New York Times, June 6, 2006
Representative
Patrick J. Kennedy said yesterday that he felt much better after
almost a month's treatment in the Mayo Clinic for drug dependency,
and that he was looking forward to resuming his duties.
But
he said that he continued to suffer from bipolar disorder and
a tendency toward addiction, and will need help from a support
group to avoid a relapse.
"The
key to recovery will be a small group of people who will watch
over me," he said at a televised news conference.
Mr.
Kennedy said, as he has before, that he had not been drinking
before an early-morning car accident near the Capitol in Washington
on May 4, even though the police on the scene said he appeared
to be intoxicated. Mr. Kennedy said the police had canvassed bars
in the District of Columbia seeking evidence of his drinking but
were unable to find any. Rather, he said, he was under the influence
of prescription antinausea and sleep medications, which he had
taken at the "prescribed amount."
The
question-and-answer session came after Mr. Kennedy, Democrat of
Rhode Island, helped to open a conference on the future of mental
health care and addiction treatment at Brown University in Providence.
"I
can tell you today, I feel confident of my health," he said
at the health conference, adding that he was "positive about
my future."
He
was discharged from the clinic, in Rochester, Minn., on Friday
and spent the weekend with relatives in Washington before returning
to Rhode Island on Sunday night. His private medical insurance
policy paid for the stay in the clinic, he said.
The
event was Mr. Kennedy's first public appearance since checking
himself into the clinic on May 5, the day after the auto accident.
Mr. Kennedy has said he has no memory of the crash or of his subsequent
encounter with the Capitol Police, who charged him with three
traffic violations.
Mr.
Kennedy, the son of Senator Edward M. Kennedy, put his drug taking
in the larger context of mental illness. "I didn't know how
miserable I was until I started to be feeling better," he
said of his time at the clinic.