Originally Posted - June 27, 2006

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ALBANY---The New York State Legislature has reached an agreement on "Timothy's Law", legislation that would provide parity in insurance coverage for mental illnesses. The agreement 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 has been sent to the Governor and it is expected the agreement will be acted on the next time the Legislature reconvenes.

"Mental illness can result in tragedy if it is not properly treated, however many families do not have access to the proper treatment," Senate Majority Leader Joseph L. Bruno said. "This agreement would provide parity in coverage and would help people get the treatment they need.

"For far too long mental health insurance coverage has been sorely lacking. Our families and friends deserve accessibility to affordable quality mental health care. Our agreed to bill will address millions of consumers with a dignified, compassionate and cost effective approach to treatments for mental illness and health disorders. With this legislation, no longer will people who struggle with mental illness be discriminated against," said Assemblyman Paul Tonko, the sponsor. "After four and a half years, it is gratifying to see the Legislature coming together and recognize the difficulties confronting families who need mental health insurance coverage. I look forward to the day when Timothy's Law is the law, and I urge this bill to be finalized as soon as possible. I am grateful for the efforts of both houses and their staffs for working to make Timothy's Law a reality," said Tom O'Clair, who urged Governor George Pataki to support the bipartisan mental-health parity legislation.

The agreement includes the following provisions:

COVERAGE FOR TREATMENT OF MENTAL ILLNESSES

The agreement would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for all mental illnesses. The agreement would also require insurance companies to fully cover biologically based mental illnesses, including the following: schizophrenia/physchotic disorders, major depression, bipolar disorder, delusional disorders, panic disorder, obsessive compulsive disorder, bulimia, anorexia and binge eating.

COVERAGE FOR CHILDREN WITH MENTAL ILLNESS

In addition, the agreed upon bill would require insurance coverage for children under age 18 with attention deficit disorder, disruptive behavior disorders or pervasive development disorders where there are serious suicidal symptoms or other life-threatening self-destructive behavior; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that placed the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that placed the child at substantial risk of removal from the household.

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 of 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 Jan. 1, 2007 and sunset on Dec. 31, 2009, to provide for an opportunity to amend the law based on the findings and recommendations of the study. 6-27-06

© 2006 North Country Gazette