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A08611 Summary:BILL NO A08611
SAME AS Same as S 5672, S50004
SPONSOR Morelle (MS)
COSPNSR Rivera P, Lifton, Colton, Englebright, McEneny, Pheffer, Paulin,
Weisenberg, Sweeney, Lupardo, Gottfried
MLTSPNSR Bing, Jaffee, Kavanagh, Latimer, Markey, Meng, Rosenthal, Saladino,
Schimel, Schroeder, Titone, Zebrowski
Amd S8, Chap 748 of 2006
Eliminates the expiration and repeal of Timothy's law.
A08611 Actions:BILL NO A08611
05/29/2009 referred to insurance
06/03/2009 reported referred to rules
06/08/2009 reported
06/08/2009 rules report cal.98
06/08/2009 ordered to third reading rules cal.98
06/09/2009 passed assembly
06/09/2009 delivered to senate
06/11/2009 REFERRED TO RULES
06/30/2009 SUBSTITUTED FOR S5672
06/30/2009 3RD READING CAL.628
06/30/2009 PASSED SENATE
07/09/2009 VOTE RECONSIDERED - RESTORED TO THIRD READING
07/09/2009 REPASSED SENATE
07/09/2009 RETURNED TO ASSEMBLY
07/10/2009 delivered to governor
07/11/2009 signed chap.181
A08611 Votes:BILL: A08611 DATE: 06/09/2009 MOTION: YEA/NAY: 148/000
Abbate Y Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun Y Errigo Y Hoyt Y Markey Y Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn Y Stirpe Y
Amedore Y Canestr Y Farrell Y Jacobs Y McDonou Y Rabbitt Y Sweeney Y
Arroyo Y Carrozz ER Fields Y Jaffee Y McEneny Y Raia Y Tedisco Y
Aubry Y Castro Y Finch Y Jeffrie Y McKevit ER Ramos Y Thiele Y
Bacalle Y Christe Y Fitzpat Y John Y Meng Y Reilich Y Titone Y
Ball Y Clark Y Gabrysz Y Jordan Y Miller Y Reilly Y Titus Y
Barclay Y Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco Y
Barra Y Conte Y Gantt Y Kellner Y Molinar Y Rive N Y Towns Y
Barron Y Cook Y Gianari Y Kolb Y Morelle Y Rive PM Y Townsen Y
Benedet Y Corwin Y Gibson Y Koon Y Nolan Y Robinso Y Walker Y
Benjami Y Crespo Y Giglio Y Lancman Y Oaks Y Rosenth Y Weinste Y
Bing Y Crouch Y Glick Y Latimer Y O'Donne Y Russell Y Weisenb Y
Boyland Y Cusick Y Gordon Y Lavine Y O'Mara Y Saladin Y Weprin Y
Boyle Y Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward Y Wright Y
Bradley Y DelMont Y Gunther Y Lifton Y Parment Y Scarbor Y Zebrows Y
Brennan Y DenDekk Y Hawley Y Lope PD Y Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito Y Hayes Y Lope VJ Y Peoples Y Schimmi Y
Brook-K Y Dinowit Y Heastie Y Lupardo Y Peralta Y Schroed Y
Burling Y Duprey Y Hevesi Y Magee Y Perry Y Scozzaf Y
Butler Y Eddingt Y Hikind Y Magnare Y Pheffer Y Seminer Y
A08611 Memo:BILL NUMBER:A8611
TITLE OF BILL:
An act to amend chapter 748 of the laws of 2006, enacting "Timothy's
law", in relation to eliminating the expiration and repeal thereof
PURPOSE:
This bill would make permanent Chapter 748 of the Laws of 2006
("Timothy's Law").
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 8 of Chapter 748 of the Laws
of 2006 to repeal the expiration date.
Section 2 of the bill would provide for an immediate effective date.
EXISTING LAW:
Chapter 748 of the Laws of 2006 contains the provisions of Timothy's
Law, which: (1) requires group health insurance policies to provide a
minimum of 30 inpatient days and 20 outpatient visits for the treatment
of mental health conditions ("30/20 benefit"); (2) requires large group
health insurance policies (more than 50 employees or members) to provide
coverage for adults and children diagnosed with biologically based
mental illness (BBMI) and children diagnosed with serious emotional
disturbances (SED) on par with coverage provided for other health condi-
tions; and (3) requires the Insurance Department, in consultation with
the Office of Mental Health, to study the effectiveness of mental health
parity and report these findings. Timothy's Law took effect on January
1, 2007, and sunsets on December 31, 2009.
Chapter 502 of the Laws of 2007 made technical amendments to Timothy's
Law to correct, for example: (1) unintended limitations on mental health
benefits; (2) use of terminology that does not reflect insurance indus-
try standards; and (3) inconsistent application to the various types of
entities writing health insurance coverage.
JUSTIFICATION:
Mental illness affects one in four adults in the United States each
year. Studies have shown that one in ten individuals experience an
illness serious enough to impair functioning at home, school or work.
Despite its prevalence, mental illness often goes untreated. Recent
research concludes that the average age of onset of a mental illness is
14 years of age, and that there is an average delay of nine years from
the onset of symptoms until the initial receipt of care. Delays in
receiving care often are due to a failure to recognize symptoms, the
stigma of seeking care, challenges in finding care, a fragmented deliv-
ery system and the lack of insurance coverage.
In recent years, the costs associated with mental illness have ranked
ahead of cancer and heart disease. Many of these costs are attributable
to the lack of timely, quality care. Untreated mental illness results in
a higher number of individuals in prison or participating in disability
programs, receiving excess emergency and long term health care, and
facing homelessness, school failure and suicide. In addition, major
mental disorders cost the nation at least $193 billion annually in lost
earnings alone, according to a 2008 study funded by the National Insti-
tute of Mental Health.
Timothy's Law required the Superintendent of Insurance, in consultation
with the Office of Mental Health, to report on the results of a study
evaluating the costs under Timothy's Law of providing the required
coverage, the number of policyholders and group contract holders which
have elected to purchase mental health coverage required to be made
available under Timothy's Law (BBMI/SED benefits in the small group
market) and a comparison of the type and number of illnesses for which
coverage has been provided. Findings from the study include: (1) access
to 30/20 mental health benefits with cost sharing levels equal to those
for other health benefits provided under the same policies increased
from 42% to 100% in the combined large and small group markets; (2)
access to coverage for biologically based mental illnesses in adults and
children and coverage for serious emotional disturbances in children
beyond the 30/20 benefit increased from 9.6% to 43.7% in the small group
market and 11% to 100% in the large group market; and (3) the 30/20
benefit increased monthly costs in the small group market by approxi-
mately $1.04 per member per month, amounting to 1/2 of 1% of total
costs.
On October 3, 2008, as part of the Emergency Economic Stabilization Act
of 2008 (H.R. 1424) Congress passed and the President signed into law
the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008. This Act does not mandate that employers provide
coverage for mental health benefits. However, those large employer
groups (more than 50 employees) that do provide mental health benefits
must do so in full parity with other medical benefits. Timothy's Law
mandates a minimum set of mental health benefits for all employers. If
Timothy's Law is allowed to sunset, many New Yorkers could be left with-
out mental health coverage if employers choose not to purchase coverage
with mental health benefits.
Timothy's Law has been successful in helping more New Yorkers receive
mental health benefits critical to ensuring their success at work, in
school and at home. Making Timothy's Law permanent will ensure that New
Yorkers continue to receive the quality mental health benefits they
need.
BUDGET IMPLICATIONS:
This bill is not anticipated to have an additional impact on State
finances. A subsidy for providing the 30/20 benefit for small employers
is continued in the 2009-2010 enacted State budget at approximately $100
million.
LOCAL FISCAL IMPLICATIONS:
This bill would apply to local governments in the same way that it would
apply to any other employer. As this bill would simply make permanent a
current provision of law that is scheduled to sunset, there would be no
additional fiscal impact to local governments.
EFFECTIVE DATE:
This bill would take effect immediately.
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