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September 20, 2006 REGISTER ONLINE FOR MHANYS ANNUAL CONFERENCE: MHANYS’ Annual Awards Dinner will take place on October 26th, featuring nationally renowned humorist and motivational speaker Paul Jones. The following day, October 27th, will be MHANYS Annual Conference, featuring bestselling author of Lincoln’s Melancholy, Joshua Wolf Shenk. Details and registration at www.mhanys.org.
Fixing
Mental Health? Despite Cynical Timing, Senate's Timothy's Law Represents
a Big Step. Editorial Say what you will about the state Senate's passage of the so-called Timothy's Law — and there is much to say — the fact is, after more than 20 years of advocates' trying, New York just may join at least 44 other states and require insurers to offer some kind of mental-health coverage. For some of the people, some of the time, maybe even starting Jan. 1. Anyway, it's a start. A
ROCKY HISTORY At the end of both the 2004 and 2005 legislative sessions, thanks to vocal advocates — including the father of an upstate boy, Timothy O'Clair, who committed suicide five years ago after his family could not access appropriate treatment — the Legislature seemed close to some sort of deal. Each fell through. This year, until the very last minutes of the regular session, a compromise seemed imminent. It, too, collapsed. CHANGE
OF HEART Whatever the reason, the Assembly now must decide if it wants to return for its own special session and accept the Senate's bill. If it does, the legislation heads to Pataki, who leaves office at the end of this year. Or, given all the contested races members face, the Assembly could wait until after the November election to re-group. Or the entire Legislature could put the whole issue off and wait until a new governor takes office Jan. 1. CLOSE
TO HOME Clearly, Timothy's Law is more in limbo than out. Even if signed into law as is, it would expire after two years, when it would undergo an effectiveness and impact review by the state. Still, whether warm-and-fuzzy turnaround or common-sense political gesture, the Senate action was a breakthrough for New York. Of sorts. Voters should hardly be satisfied.
After one of the more intensive grass-roots campaigns that Albany has seen in years, the State Senate voted yesterday to require that health insurance plans cover treatment for mental illness. The Assembly is also expected to pass the bill, but yesterday, Gov. George E. Pataki cast some doubt on its chances of becoming law. The Senate majority leader, Joseph L. Bruno, a Republican, said at a news conference, “I’ve talked to the governor about this, and the governor has indicated to me, this governor, that he would sign the bill when it gets there.” But minutes later, at another news conference, Mr. Pataki, a Republican, said only that he would look at the bill, which is expected to raise the cost of some health insurance policies. Asked about Senator Bruno’s claim that he had promised to sign the bill, Mr. Pataki said, “I don’t recall that conversation.” Advocates for the mentally ill have campaigned for such laws since the 1980’s. Last year, 44 states and the District of Columbia required some kind of mental health coverage, according to the Blue Cross and Blue Shield Association, a national group. In New York, the Democratic majority in the Assembly had long favored the idea. It was opposed by business groups, health insurers and many of the Republicans who control the Senate. But in 2004 and 2005, a deal seemed imminent, but then talks broke down. This year, people who have mental illness in their families and organizations for the mentally ill stepped up the pressure, demonstrating noisily outside lawmakers’ offices, the Senate chambers and even at a nearby baseball stadium where Mr. Bruno was throwing out the ceremonial first pitch at a game. Most prominent among them has been Tom O’Clair, whose 12-year-old son, Timothy, committed suicide in 2001. He drew widespread attention with his plainspoken persistence, often staying at the Capitol past midnight. The bill was dubbed Timothy’s Law, and Mr. O’Clair stood beside Mr. Bruno yesterday as he announced the Senate vote. “We know how many people suffer from mental illness, and how few are able to come to grips with it, get treatment for it or even admit to themselves,” Mr. O’Clair said. “Timothy’s Law will address the stigma, will help in eliminating it.” Mr. Bruno mentioned his own granddaughter, who was recently the subject of a statewide hunt when she went missing. He said that she suffers from anorexia. Several times in the last 10 years, New York lawmakers have told private-sector insurers that they must cover certain services — infertility treatment and minimum hospital stays after mastectomies, for example. Business groups and insurers oppose the requirements, arguing that they raise the price of insurance and discourage people and businesses from buying it. Such state laws apply to about seven million of New York’s 19 million people, according to the Conference of Blue Cross and Blue Shield Plans. Millions more belong to employer or union plans that are governed by federal law and are exempt from state laws. And in both groups, many policies already cover some degree of mental health treatment. The bill would not apply to the more than six million New Yorkers on government plans like Medicaid and Medicare — which also provide some mental health benefits — or to the three million with no insurance. Estimates of the cost of a mental health mandate vary widely, but “some plans have estimated about a 11/2 percent impact on premiums,” said Mark Amodeo, a spokesman for the statewide Conference of Blue Cross and Blue Shield Plans. Earlier Assembly proposals would have required much more than the current bill, including coverage of drug- and alcohol-abuse treatment, but they were whittled down in talks with the Senate, until a verbal deal was struck in June. The final version does not cover substance-abuse treatment. Also, it requires fewer services for adults than for children, while forcing the state to pay the resulting costs for businesses with 50 employees or fewer. The law would expire after two years, requiring legislators to reconsider the issue in 2008. This year’s regular legislative session ended in June, but the Senate convened for a few hours yesterday, and passed the bill, 55-0. Assembly members said they expect to convene briefly after the November election. For adults, the bill would require coverage of a number of specific conditions, including major depression, bipolar disorder, schizophrenia and eating disorders, and up to 30 days a year of hospitalization and 20 days of outpatient treatment. For people under age 18, other conditions are added, like attention deficit disorder, and the bill is much more broadly worded, requiring, for example, coverage for treatment of emotional disturbances that pose a risk of injury or significant property damage. Michael Cooper contributed reporting from Albany.
(Note – Similar articles also ran in the Rochester Democrat and Chronicle and Binghamton Press & Sun Bulletin) ALBANY — After years of resistance, the Republican-led Senate unanimously passed legislation yesterday to require that insurers provide equal coverage for mental illness as for physical ailments. Senate Majority Leader Joseph Bruno, R-Brunswick, Rensselaer County, said the legislation would correct "inadequate and unfair laws in the state" regarding mental illness treatment. The measure had been blocked in the Senate for years because of concerns it would drive up business costs, but the Assembly and Senate reached a compromise in June. The Senate met in special session yesterday to act on the bill, known as "Timothy's Law," and on confirmations. "If you have a cancer, if you have a serious heart condition, there is no question that you get treated from the ailment to getting better or going on with your life," Bruno said. "With mental sickness, that has not been the case. Some companies cover for limited periods. Some companies cover more broadly and some companies for insurance cover nothing, none of it." The bill, which passed 55-0, provides for a minimum of 30 outpatient and 20 inpatient visits a year for mental illness, and the state would pick up the extra cost of premiums for businesses with fewer than 50 employees. Large employers would have to provide additional coverage for adults and children. The law would not apply to companies or governments that are self-insured because there is an exemption under federal law. The Democrat-led Assembly passed a more expansive bill earlier this year but would have to return to vote on the new version. No return date has been set. If passed, it will take effect Jan. 1. "I'm confident it will be this year," said Assemblyman Paul Tonko, D-Amsterdam, Montgomery County, the bill's sponsor in his house. Sen. Thomas Libous, R-Binghamton, carried the bill in his chamber. Gov. George Pataki, who has vetoed other mental-health laws this year, was noncommittal yesterday. "We'll need to see what happens with that and then take a look," said the Republican, who is stepping down at the end of the year. The legislation is named for Timothy O'Clair, a 12-year-old Schenectady boy who took his own life in 2001. His family's mental-health coverage was limited, and his parents had to give up custody of Timothy so he could qualify for state-paid treatment. Mental illness is a common affliction, but many people can't come to terms with it, admit they have it or get treatment, said Timothy's father, Tom O'Clair. The law would correct the disparity that has gone on far too long, he said. The potential cost of the law has been a concern for insurers and businesses, but opinions are mixed. It is unknown how much premiums will increase, and estimates on how much the state would pay out for small businesses have ranged from tens of millions of dollars to $60 million. "Pick a number," Bruno said when asked about the price tag. Timothy's Law was opposed by the New York State Conference of Blue Cross and Blue Shield Plans and Support Services Alliance Inc., a small-business group, because it is a mandate. The law could push the cost of health-care policies out of reach of vulnerable businesses, Chris Koetzle of the alliance said in a statement. The state Business Council opposed earlier versions of the bill but took no position on the compromise. The New York Health Plan Association, which represents HMOs, supported the measure because health plans would maintain what they call their "management of care" powers.
State senators Friday approved a bill 55-0 which they had long resisted to require health care policies in New York state to cover treatment for mental and emotional illnesses. The state Senate's Republican majority dropped its opposition to the so-called mental health "parity" bill under an agreement reached in June, just before the Legislature concluded its regular 2006 session. The deal called for mandatory coverage for alcohol and drug treatment to be dropped from the legislation, and for the state to provide $50 million to $60 million to offset insurance cost increases for due to the parity bill for companies with 50 or fewer employees. The bill's chief Senate sponsor, Thomas Libous (R-Binghamton), said the bill is "long overdue." He said he hoped it would help more people overcome the "horrible stigma of mental illness and give people hope." State Sen. John DeFrancisco (R-Syracuse) said he did not think there was anyone in the Senate chamber Friday who hasn't suffered from mental illness or have a loved one who has. "It's a great day for those mental health advocates and those suffering from mental illnesses," DeFrancisco said. Sen. Thomas Duane (D-Manhattan) said in the next few years, the state Legislature should revisit the health insurance mandate and include alcohol and drug addiction treatment in the coverage requirement. The state Insurance Department will work out how the smaller companies will be reimbursed for additional coverage costs. The legislation requires policies to cover 30 days of inpatient treatment and 20 days of outpatient treatment for mental illnesses. They include schizophrenia, major depression, bipolar disorder, panic disorder, bulimia, anorexia and binge eating. The bill also requires policies to cover the children of workers under age 18 who need treatment for severe emotional problems. The legislation approved by the Senate Friday would take effect Jan. 1, 2007, and will run for two years. A study will be performed at the same time into the effectiveness and costs of the bill to help guide the Legislature in whether to extend or alter the mandate in two years. The state Assembly has yet to schedule a return to Albany to approve the bill and deal with other legislative issues facing that chamber. State Senate Majority Leader Joseph Bruno said Friday it was his understanding that Gov. George Pataki will sign the bill if it reaches his desk. But Pataki on Friday only promised to "take a look" at the bill if it gets that far. Of a promise to sign the bill that Bruno said Pataki made, the governor said, "I don't recall that conversation."
ALBANY -- The state Senate Friday passed a bill forcing insurers to treat mental health disorders like any other medical ailment, but it was unclear if Gov. George Pataki would sign the measure before he leaves office at the end of December. "We'll look at it," was all Pataki would say of his plans for Timothy's Law, named for Timothy O'Clair, a 12-year-old Rotterdam resident who committed suicide in 2001 after repeated bouts of depression. The O'Clair family's insurance had given out and they were forced to give up custody of the boy so he could be treated. Since Timothy's death, his father Tom O'Clair has campaigned for measures to have mental health problems covered in the same way as physical ailments. Senate Majority Leader Joseph Bruno, R-Brunswick, said he was confident Pataki would sign the measure, which senators approved 55-0. But Pataki said he didn't recall discussing it with Bruno. It is unclear whether the Assembly will return to act on the bill before January, but the chamber has passed similar bills. "I'm totally hopeful," said Assemblyman Paul Tonko, D-Amsterdam, who has sponsored the latest Assembly bill. The law strikes a chord for Bruno, whose 20-year-old granddaughter, Rachel Bruno, disappeared this summer and was found in Manhattan with a man she met on the Internet. Bruno later explained the young woman had long suffered from severe anorexia, and that after her return she went into treatment. "All of us are touched in some way with a tragedy or an illness that deals with mental health," Bruno said. The bill requires insurers to cover attention deficit and other disorders for those under 18 if there are suicidal or dangerous symptoms. For all ages, it mandates coverage for biologically rooted mental illnesses like schizophrenia, major depression and bipolar disorder. Insurers would have to cover 30 inpatient days and 20 outpatient days. Insurers, including many of the state's Blue Cross and Blue Shield carriers, already offer such plans, but fear the law could drive up insurance costs, said Mark Amodeo, spokesman for the state conference of Blue Cross and Blue Shield plans. Lawmakers noted the law includes money to pay premium increases for companies with 50 or fewer employees. Some estimates on how much that would cost the state have run to $60 million.
Morally, the state Senate's approval of the so-called Timothy's Law was the right thing to do. Financially, it could cost a little or a lot more in health insurance premiums. No one is quite certain. What is certain is that the Senate's 55-0 vote for the bill in special session on Friday has broken through longtime opposition to a measure that requires insurance plans in New York to add mental health treatment benefits for adults and children. The Assembly still must approve the bill, and Gov. Pataki must sign it, but the heavy lifting was in the Senate. The proposal had been caught up in a mixture of policy, money and emotions. The bill is named after Timothy O'Clair, a 12-year-old from Schenectady who killed himself in 2001 after his parents gave up custody of him so he could receive publicly financed treatment for his emotional problems. Under the law, health insurers must provide 30 days of inpatient treatment and 20 days of outpatient treatment. Timothy's Law would cost employers and their workers anywhere from about 3 percent to 10 percent, according to estimates in an Associated Press story. Companies would be required to fully cover "biologically based mental illnesses," including major depression, obsessive compulsive disorder, anorexia and binge eating, the AP reported, and other disorders. The impact probably won't be felt until the law has been in effect for a year. One proviso would make the state responsible for the extra cost for companies with 50 employees or fewer, and that's fair. Businesses and insurers had questioned the bill because of the added costs. Their concerns were valid, but many employers and insurance plans have moved in new directions with coverage for years of drug and alcohol abuse as well as counseling services. Timothy's Law is an extension of that to more severe mental disorders, and though this is going to hike premiums, the new law could save someone's life.
ALBANY, N.Y. -- The state Senate on Friday advanced a legislative agreement that would require health insurers to cover far more mental health treatment for adults and children. No one knows how much the proposed "Timothy's Law" would increase health insurance premiums paid by employers and workers, but most advocates and lawmakers expect premiums would rise. The estimated premium increases range from "minimal" to up to 10 percent, said Senate Majority Leader Joseph Bruno. Mark Amodeo, representing the New York State Conference of Blue Cross and Blue Shield Plans, said the companies' analysis shows premiums would likely rise less than 3.5 percent. "It might not sound like a lot, but it will add to the cost of coverage at a time when many employers are struggling to maintain the current level of coverage," he said. But Bruno said the cost, which he thinks will be minimal, is well worth it. He also said health care costs overall would decrease with early treatment of mental illness, as opposed to last-resort emergency room care. The measure passed 55-0. "Mental illness can result in tragedy if it is not properly treated," said Bruno, a Rensselaer County Republican, in Friday's special session. "The public in some way picks up the tab." Bruno said Gov. George Pataki told him he would sign the compromise with the Assembly, although Pataki said later that he didn't recall committing to the bill. He said he will review it when it's sent to him, after the Assembly votes on it. The Democrat-led Assembly could also return in a special session to approve the bill and send it to Pataki to sign it into law or veto. Or, the Assembly and Senate could adopt the bill in January and send it to the next governor. Democrat Eliot Spitzer and Republican John Faso are running to succeed Pataki, whose last term ends Dec. 31. Pataki and Faso said they would both sign Timothy's Law, but want safeguards to protect businesses from being saddled with another cost mandated by Albany. "This can truly avoid a tragedy," said state Sen. Hugh Farley, a Schenectady County Republican. He said the cost added to premiums is "a Catch-22, but you have to do it." The bill that has been proposed in some form for 20 years has been pushed by Tom O'Clair, a resident of Farley's district, since his son, Timothy, died. The 12-year-old killed himself in 2001 after his parents had to give up custody of him so he could get public-funded treatment for emotional problems. The bill would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for mental illness. Companies would be required to fully cover "biologically based mental illnesses" including major depression, obsessive compulsive disorder, anorexia and binge eating. Timothy's Law would also require coverage for children with attention deficit disorder, disruptive behavior disorders or disorders that include suicidal symptoms. The state would pay for the premium increase for companies with 50 or fewer employees. As tears welled, Tom O'Clair stood next to Bruno as advocates and senators applauded him and his wife, Donna, who have been fixtures in the Capitol, lobbying for the law for years. "This is Timothy's work, and I'm his hands," the father said. State Sen. Thomas Libous, a Broome County Republican who sponsored the measure, said Timothy's Law would put New York among the top five states in requiring mental health coverage. "This is legislation that is long overdue," Libous said The Senate also confirmed Judge Eugene F. Pigott Jr. of the Buffalo area to join the state's highest court until Dec. 31, 2016. Gov. George Pataki nominated Pigott last month to the Court of Appeals. He will replace Judge George Bundy Smith. The Senate also confirmed many of Pataki's appointments, including his former communications director, Lisa Dewald Stoll of Oyster Bay, to important governing boards that regulate environmental, business, health and other issues. Pataki has been criticized for loading up his friends and allies to long-term state roles, but said he is simply fulfilling his duty as governor until his term ends. Democratic Sen. Liz Krueger complained the minority conference didn't receive notice of Pataki's 61 nominations until late Thursday.
ALBANY---The New York State Senate has passed "Timothy's Law," to provide parity in insurance coverage for mental illnesses. The legislation, which has been sent to the Assembly, would require insurance companies to cover most mental illnesses and would require coverage for a broad range of mental illnesses and conditions specifically related to children. The bill reflects an agreement with the State Assembly that was reached at the end of the regular legislative session. Senate action on the legislation (S.8482) was announced Friday at a Capitol news conference where Senate Majority Leader Joseph L. Bruno and bill sponsor Sen. Thomas Libous were joined by Tom O'Clair of Rotterdam, whose 12-year-old son Timothy took his own life in 2001 after repeated bouts of depression. "I'm very pleased that we've been able to work together to craft this bill that we're passing today in remembrance of Timothy, and to help other individuals affected by mental illness," said Sen. Libous. "Not only is this legislation providing access to mental health coverage, but it also has built in safeguards to protect small businesses and their employees." The legislation includes the following provisions: COVERAGE
FOR TREATMENT OF MENTAL ILLNESSES COVERAGE
FOR CHILDREN WITH MENTAL ILLNESS To address cost concerns raised by small businesses, the agreement directs the state Superintendent of Insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure. The bill would also require the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. When enacted, the bill would take effect January 1, 2007 and sunset on December 31, 2009, to provide for an opportunity to amend the law based on the findings and recommendations of the study. Paige Pierce, executive director of Families Together in New York State, said: "Families of children with special emotional and behavioral disorders know first hand the trauma caused by the lack of services. They have endured crisis trips to the emergency room, have given up their houses to pay for treatment, have witnessed the slow starvation of anorexia and suffered through suicide attempts of their son or daughter. Our families have hope for the future of their children. That's why families have worked so hard for passage of Timothy's Law. That's why they are watching on this historic day as the Senate passes Timothy's Law. We want to thank the Senate for passing Timothy's Law today. We are grateful for the Assembly's support and look forward to the day it is signed into law by the Governor. On that day our families will truly celebrate."
The state Senate is scheduled to vote today on Timothy’s Law. Though the Senate is expected to approve the mental-health parity measure, it faces an uncertain future. Lawmakers agreed to a compromise bill at the end of the previous session, but there is still no vote scheduled in the Assembly. If the chamber were to decide to reconvene after the election and to vote on the bill, it could go to Gov. George Pataki for his signature, but the governor has not indicated his position. Additionally, Timothy’s Law will require state funding, and the budget department hasn’t weighed in on the costs. The bill that the Senate is considering today has an implementation date of Jan. 1, 2007. If the Assembly doesn’t vote on Timothy’s Law before the end of the year, a different version of the bill would face a new Legislature— and possibly a new set of legislative leaders.
MARCY - Local residents and elected officials soon will have the chance to question the security at the facility that houses violent sex offenders in Marcy. On Monday, state representatives will address concerns about the more than 40 sex offenders being civilly confined at the Central New York Psychiatric Center. The public forum will take place from 6:30 to 8 p.m. in Kunsela Hall Auditorium at SUNY Institute of Technology at Utica/Rome in Marcy. State Office of Mental Health Commissioner Sharon E. Carpinello and staff will answer the public's questions Oneida County Executive Joseph Griffo and Marcy officials will attend. Griffo said he is pleased that state officials finally are giving their attention to local residents, and hopes that any of the public's safety concerns are addressed. "Oneida County people are going to work every day to deal with some of the most dangerous people in New York state," Griffo said. "We need to ensure that our local men and women who are employed in these facilities have proper training, proper protection and adequate internal security to protect their well-being." Commissioner Carpinello acknowledged the need to ease the public's worries. "Central New York Psychiatric Center is a secure facility, and I want members of the community to know that the addition of the sex-offender treatment program will not change that," Carpinello said. Other questions officials want answered are how many offenders will ultimately be housed at the facility, the timetable, as well as whether a host community benefit program should be put in place to help support increased law enforcement costs in local communities, Griffo said. A total of 118 sex offenders are expected to be housed at the psychiatric center by next year, and nearby Mid-State Correctional Facility is set to receive 148 offenders by summer 2008. Fred Rivera of Marcy said he plans to attend the forum, but not for answers. Instead, the father of two children is looking for reassurance. Rivera isn't concerned about the security of the facility, which is within sight of his Irish Road home. But he does want the state's word that sex offenders will not be allowed to walk out of the facility and into nearby neighborhoods when they're released. The state has said arrangements would be made to return discharged offenders to their home counties. "Saying it and doing it are two different things," Rivera said. "It's not about any unanswered questions, but people just want to be made sure that this is what's done when they get out. They need to go back where they came from." County Legislator Richard Flisnik, R-Marcy, said the public has a right to seek reassurance, since he believes the state has lessened the level of security personnel at the facility from what was initially described. "I think we were initially misled with our earlier conversation with the Office of Mental Health regarding who is going to be providing security," Flisnik said. "I understand that plans are modified, but this is pretty important. ... They have to answer the question: why the change?" |
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