Timothy's Law enacted for New York

By Amanda Derby

Tuesday, January 9, 2007 10:44 AM EST

On Friday, Dec. 23, in one of his final acts in office, Gov. George Pataki signed Timothy's Law. “Today,” Pataki said, “the memories will not all be sad.”
More than 3.6 million New Yorkers will be impacted by this bill, that will end the discrimination that currently exists in insurance coverage for people with psychiatric disabilities. Additionally, this bill can be seen as ending the stigma felt by those who are treated for a psychiatric condition; now ensuring that there is parity in how those with a physical and/or mental illness are covered by insurance. Passage of this bill makes New York the 38th state in the nation to enact mental health parity.

“It is vital that our society take care of those in need, especially our most vulnerable children,” Pataki said.

“Timothy's Law is an important step to ensure that mental health services are accessible to all individuals and families, so that they can receive beneficial assistance and treatment for mental illnesses. Insurance coverage serves as a safety net and with this new law, we have extended this protection to children and families across the state. I commend the efforts of Tom and Donna O'Clair in helping to get this law enacted. Sharing their experiences and sense of loss was no doubt a difficult task, but through their tireless work and the support of numerous groups and individuals, individuals with mental illnesses will benefit,” the governor added.

According to the governor's press release, the new law was to take affect Jan. 1. Health insurance providers are now required to provide comparable insurance coverage for mental illnesses as the policies provide for other medical care. “This will allow adults and children with biologically-based mental illnesses to receive the same health care coverage benefits as those provided for other physical ailments. In a calendar year, the coverage must include at least 30 days of active inpatient (hospital) care, and at least 20 days of active treatment in a facility operated by the State Office of Mental Health (OMH), a psychiatrist or psychologist licensed to practice in New York, or a university faculty practice corporation. The cost of any premiums and deductibles must be consistent with those imposed for other benefits available under the insurance policy.

“Insurance coverage for businesses with 50 or more employees must include treatment for schizophrenia/psychotic disorders, major depression, obsessive compulsive disorders, bulimia, anorexia, serious cases of attention deficit disorders in children, disruptive disorders, or pervasive development disorders. In addition, children under 18 years of age are eligible for coverage if they have serious suicidal symptoms or other life-threatening self-destructive behaviors, significant psychotic symptoms, behavior caused by emotional disturbance 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,” the press release pointed out.

We would like to thank both the Assembly members and senators who represent our area for their “yes” votes. Previously, Assembly members Brian Kolb and Bob Oaks had voted against the bill, but when the bill went up for another vote on Dec. 13 our entire delegation voted for its passage. We also want to thank Assemblyman Gary Finch for his early and continued support of this bill. With mental health parity, which is something many advocates have been working on for years, it will indeed be a good year for many in 2007.

Thought of the Day:

“As Timothy was a gift to us, Timothy's Law is a gift to New York.”

- Tom O'Clair, Timothy's father, on the signing of Timothy's Law.

Amanda Derby is the housing advocate for Options for

Independence, located at 75

Genesee St., Auburn. She can be reached at 255-3447

The Citizens' Say

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There are 3 comment(s)

gloria moy wrote on Jan 10, 2007 4:27 PM:

" Its about time that coverage for mental health be in line with coverage for physical health. People suffering from mental illness still get stigmatized by society, so at least the insurance companies are taking a step to help destigmatize mental illness. If only we would get healthcare decisions away from the beancounters! "

Shelley Zides wrote on Jan 10, 2007 12:56 PM:

" I think the passage of this law is great. I have had major depression off and on since I was in my early twenties. I was wondering what your opinion is on disability insurance. Recently, I was rejected for it on the basis of my depression. I have been on medication and doing well for nine years (since I entered peri-menopause). Is there anything that can be done about this? Any helpful advice would be greatly appreciated! "

Harold A. Maio wrote on Jan 9, 2007 11:56 AM:

" Timothy's Law is a beginning, it says insurance coverage for illnesses, mental or physical ought be equal. There remain, however, many other inequalities between society's mental and physical health responses yet to address. Let us challenge each of them as well. "

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