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Home >> Publications >>Mental Health Update December 13, 2006
NYS ASSEMBLY PASSES TIMOTHY’S LAW – By a unanimous vote of support on Wednesday evening in the NYS Assembly, Timothy’s Law is now on it’s way to Governor George Pataki’s desk for his consideration. Called to Albany by Governor Pataki for a “Special Session” to take up legislation to civilly commit sexual offenders using the state psychiatric system, Timothy’s Law appears to be the only significant legislative accomplishment that accompanies the Legislature's most recent return to Albany, as it appears negotiations on a number of issues, including the civil commitment of sexual offenders, have fallen apart. Mental health advocates are elated by this development, which now clears the way for the final approval necessary to end discriminatory health insurance policies – Governor Pataki’s signature. Therefore, we ask everyone to contact Governor Pataki to urge him to sign Timothy’s Law. Governor Pataki can be reached by:
Calling: (518) 474-1041. Leave a message asking Writing:
Governor George E. Pataki Emailing: Go to http://161.11.121.121/govemail. Following below is the Timothy’s Law Campaign’s Press Release. PRESS RELEASE PRESS RELEASETimothy’s
Law Campaign Applauds For
Immediate Release: As the NYS Assembly voted to approve Timothy’s Law (A. 12080/S. 8482) today, the Timothy’s Law Campaign thanked the sponsors, leaders, and allies for their steadfast support and perseverance in negotiating this extraordinary agreement. (Summary p.3) Tom O’Clair, Timothy’s father and Co-chair of the Campaign said: "In this season of celebration and remembrance I want to thank Speaker Silver and the NYS Assembly for all of their efforts over the past few years. What has happened here today shows how well government works when all parties work together. The Assembly in their unending support, worked with the Senate to reach an acceptable compromise for a strong foundation to improve mental health care in NYS. This is a fitting gift, in Timothy's memory, to all New Yorkers suffering with mental illnesses as well as their families. It is also a wonderful way to end what should have been a landmark year for Timothy. This version of Timothy's Law will allow for future improvements and inclusion of more comprehensive diagnoses and addictions." Paige Pierce, Executive Director of Families Together in New York State, and Co-Chair of the Campaign, 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 a 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 Assembly passes Timothy's Law. We are grateful for the Assembly's support and look forward to the day this bill is signed into law by the Governor. On that day our families will truly celebrate." Shelly Nortz, Deputy Executive Director for Policy with Coalition for the Homeless, said: "The value of this legislation will be measured not only in improved mental health and productivity for millions of New Yorkers, but also in lives saved and enriched. We commend and thank everyone who has helped to negotiate Timothy's Law.” Glenn Liebman, CEO Mental Health Association in New York State, Inc., said: “Nearly 20 years have passed since the issue of discrimination in health insurance against people living with psychiatric disabilities was first raised to the attention of state leaders. During that time, the NYS Assembly and its many internal champions have remained as allies of the mental health community in the fight for parity. While it is tragic that it has taken so long to get to the verge of ending this discrimination, we look forward to Governor Pataki’s signature on this bill, which will lay the groundwork for future improvements in the law to benefit millions of New Yorkers living with psychiatric disabilities and addictions.” Mary Jean Coleman, Upstate New York Area Director for the American Foundation of Suicide Prevention, said: "The American Foundation for Suicide Prevention applauds the NYS Assembly and their many years of support in furthering 'Mental Health Parity' in New York State. We look forward to Governor Pataki signing this crucial legislation in to NYS Law when it is delivered to his desk." J. David Seay, Esq., Executive Director of the National Alliance on Mental Illness of New York State said: “This is a landmark day for the Empire State. Advocates for New Yorkers with serious mental illness have been working for decades to see the day when mental illness is given parity in health and insurance plans. Our hats are off to Speaker Sheldon Silver and the Assembly for forging a workable compromise with the Senate and advocates for Timothy’s Law. Governor Pataki: Please sign this bill.” Jeff Wise, President / CEO of New York State Rehabilitation Association, said: "We congratulate the Assembly leadership, bill sponsor Paul Tonko, and all the members who have led the effort to move health policy in New York a giant leap forward. Timothy's Law will save lives. We are grateful, too, for the incredibly selfless and inexhaustible spirit of Tom O'Clair and family. His work to prevent other families from experiencing tragedy is an awe-inspiring testament to the power of citizen advocacy. We fervently hope the governor will join legislators in both houses and on both sides of the aisle and sign the bill promptly -- it is a fitting coda to his 12 years in office and a legacy for which all New Yorkers can be thankful." Richard Gallo, Government Relations Advocate for the New York State Psychiatric Association, said: "We applaud the sponsors and proponents of this bill for enabling this landmark step toward ending the disparity in New York State between health insurance coverage for physical illnesses and that of mental illnesses. Perhaps the single most important 'benefit' of Timothy's Law is not found in the bill's text but rather in the compassion and understanding that propels it – for this bill is as much about eliminating the stigma of mental illness as it is about removing other barriers to treatment." Harvey Rosenthal, Executive Director of the New York Association of Psychiatric Rehabilitation Services, said: "With passage by the Legislature and the approval of Governor Pataki, New York State will have taken long overdue action to stop the needless suffering of thousands of New Yorkers and allow appropriate access to mental health treatment that will prevent lost hope and productivity and, most tragically, lost lives of those in need." Reinaldo Cardona of the National Association of Social Workers, New York State Chapter said: "We commend the Assembly for taking this important step toward ending the discriminatory coverage of treatment for mental illnesses. NASW-NYS applauds Tom O'Clair for his courageous leadership and perseverance in fighting for parity on behalf of his son Timothy to provide relief for so many New York families. We urge the Governor to sign this important piece of legislation, so that New York State may provide this fair and affordable solution that will save lives and families." The Timothy’s Law Campaign would like to thank all Members of the NYS Assembly who have voted for and supported Timothy’s Law over the past 4 years, but specifically Assemblymembers Paul Tonko, Alexander (Pete) Grannis, Peter Rivera, Donna Lupardo, Joel Miller, and of course Assembly Speaker Sheldon Silver and Minority Leader James Tedisco for their stalwart support. In addition, the Timothy’s Law Campaign thanks all Members of the NYS Senate who supported and pushed for passage of Timothy’s Law, especially Senators Thomas Libous, Thomas Duane, Thomas Morahan, and of course Senate Majority Leader Joseph Bruno and Minority Leader and Lieutenant Governor-Elect David Paterson. Timothy’s Law Campaign would like to thank the staff from both the Assembly and Senate, who often go unrecognized, who have spent countless hours working to enact meaningful reform of NYS law to end discrimination in health insurance for New Yorkers with mental health needs. It is our heartfelt hope that each and every one recognizes the great importance this law will have for millions of New Yorkers, thanks to their efforts. Lastly, we are grateful as well to the Executive Chamber, Division of the Budget, NYS Insurance Department, and NYS Office of Mental Health leadership and staff for generously sharing their time and thoughtful comments on Timothy’s Law; we believe the dialogue has been fruitful, and has helped to address their questions. We hope for a swift signature in the coming days. About
Timothy’s Law All employers that offer health insurance and not exempt under federal law (self-insured plans) or state law (Healthy New York, Child Health Plus, Family Health Plus) will, for the first time, be required to provide broad based mental health coverage including at least 20 outpatient days and 30 inpatient days, with co-payments and deductibles comparable to those used for physical ailments (financial parity). Exclusions may be no more restrictive than the state's parity-based coverage for civil servants (and lawmakers), the Empire Plan. Exclusion of chronic mental illnesses would thereby be prohibited. Importantly, the law requires the superintendent of insurance to "develop a methodology to fully cover the cost" of this “base benefit” mandate for employers with fifty or fewer employees. In addition to this base benefit is a parity benefit. The parity benefit also includes "financial parity," and is required for all non-exempt employers with more than 50 employees. This same coverage is optional for small employers. It provides unlimited coverage of medically necessary care for children and adults with the following diagnoses: schizophrenia/psychotic disorders, major depression, bipolar disorder, delusional disorders, panic disorder, obsessive compulsive disorders, anorexia, and bulimia. It also provides unlimited coverage for children under age 18 who have serious emotional disturbances and are diagnosed with attention deficit disorders, disruptive behavior disorders, or pervasive development disorders, where there are serious suicidal symptoms or other life-threatening self-destructive behaviors; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that place the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that place the child at substantial risk of removal from the household.
IN THE NEWS: ALBANY, NEW YORK (2006-12-13) The New York legislature failed to agree on a bill to civilly confine some sex offenders, after Assembly Democrats rejected a bill proposed by Governor Pataki in a special session. The legislature adjourned without acting on many other issues, including pay raises. The Assembly and Senate began the special session at noon, as ordered by Governor George Pataki. But they did not ultimately accomplish what the Governor wanted- the passage of a civil confinement bill for violent sex offenders. The Assembly called a recess, without acting on the bill, and members spent the afternoon in a closed-door party conference. Meanwhile the Senate promptly approved the measure. Senate Majority Leader Joe Bruno, a Republican, said the involuntary commitment to mental hospitals for some sex offenders after their jail term has ended will make communities safer. "These people...can't live in society," Bruno said. "They need treatment and they need to be committed." Senator Eric Schneiderman, a Democrat, complained that the special session was a waste of time, because the Assembly had not yet agreed to the measure, and the Senate had already passed the bill earlier in the year. "I guess we've run out of material for new shows, and we are, ladies and gentlemen, going to re- runs, " he said. Despite his protest, Schneiderman, along with every other Democratic and Republican Senator present, voted unanimously for the bill. Senator Bruno admitted that he was frustrated, and called on the governor to call an open meeting with legislative leaders. But Governor Pataki did not respond. The Assembly ultimately rejected Pataki's civil confinement bill. The lower house did approve Timothy's Law, which requires that mental illness receive the same amount of health insurance coverage as physical illness. The Senate already approved the bill earlier this year. It now goes to Governor Pataki. Assembly Speaker Sheldon Silver would not rule out holding another session before the end of the year, but he did wish everyone a happy holiday season, and paid tribute to outgoing members. Silver, who had a rocky relationship with Republican Pataki during the governor's twelve-year tenure, said he was looking forward to "a new era", when Democrat Eliot Spitzer begins his term January 1st. A number of other issues remained unresolved at the close of the session. The legislature has only until December 31 to reject a hospital closing commission report that recommends closing nine hospitals and merging 48 others. Public employee, teachers and nurses unions organized a rally against the proposed closings, but the largest health care workers union, SEIU 1199, did not attend the protest, and has not actively opposed the report. Governor Pataki had also been seeking an expansion of charter schools, and a resolution on the construction of Moynihan Station, to be built in the old post office building adjacent to Penn Station. Lawmakers who may have been hoping for pay raises will come away from the session disappointed, as that matter was also left unsettled. |
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