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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.