NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4121
SPONSOR: Camara (MS) TITLE OF BILL: An act to amend the insurance law, in relation to
including post traumatic stress disorder in the definition of biologi-
cally based mental illness for purposes of Timothy's Law
PURPOSE: An act to amend the insurance law, in relation to including
post traumatic stress disorder in the definition of biologically based
mental illness for purposes of Timothy's Law
SUMMARY OF SPECIFIC PROVISION: Section one amends item (ii) of subpar-
agraph (B) of paragraph 5 of subsection (1) of section 3221 of the
insurance law to include post traumatic stress disorder under the defi-
nition of biologically based mental illness.
Section two amends subparagraph (B) of paragraph 2 of subsection (g) of
section 4303 of the insurance law to include post traumatic stress
disorder under the definition of biologically based mental illness.
Section three amends subparagraph (B). of paragraph 2 of subsection (h)
of section 4303 of the insurance law to include post traumatic stress
disorder under the definition of biologically based mental illness.
JUSTIFICATION: In March of 2001, a young boy, by the name of Timothy
O'Clair committed suicide. Despite repeated attempts to get treatment
for their child, his parents were unable to get him proper medical care
because of issues regarding coverage. Timothy O'Clair lost his life at
the age of 12, because the insurance law did not effectively cover chil-
dren of his age and situation. That tragedy led to New York's enactment
of Timothy's Law, which broadened coverage for children.
To ensure tragedies similar to that one do not repeat themselves, the
insurance law must be amended again to cover the different facets of
emotional disorders. That is why post traumatic stress disorder must be
covered under New York's insurance law.
Children suffering from post traumatic stress disorder have generally
been victims or witnesses of catastrophic events. Such examples include:
physical abuse, sexual abuse, natural disasters or being diagnosed with
a life threatening illness.
Five million children are exposed to some type of traumatic event in the
Unities States in an average year. As a result of that devastating expe-
rience, forty per cent of those children will experience some type of
serious emotional problem. (See,
http://www.childtrauma.org/CTAMATERIALS/PTSDfn 03 v2.pdf, and
http://www.aacap.oru/cs/root/facts for families/posttraumatic stress
disorder ptsd, last visited on February 2, 2010.) Such trauma is accom-
panied by strong negative emotions such as "fear, helplessness, anger,
sadness, horror or denial." Children may also become emotionally numb or
less responsive.
In such cases, it is important for these children to receive appropriate
care from trained professionals, so their condition does not worsen.
Additionally, it is important to "establish a feeling of safety" which
can be provided in part by parents and peers, with the support of treat-
ment by therapists. This ensures that the children's fears and worries
are reduced, and they are given the ability to cope with their disorder,
and move forward toward a full recovery.
(See,http://www.aacap.org/cs/root/facts
for_families/posttraumatic_stress disorder_ptsd)
PRIOR LEGISLATION HISTORY: 03/03/2010 referred to insurance
FISCAL IMPLICATIONS: No fiscal implications.
LOCAL FISCAL IMPLICATIONS: No local fiscal implications.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4121
2011-2012 Regular Sessions
IN ASSEMBLY
February 1, 2011
___________
Introduced by M. of A. CAMARA, SCARBOROUGH, ROSENTHAL, CASTRO, BARRON,
ORTIZ, GIBSON, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND,
CROUCH, GIGLIO, GOTTFRIED, JEFFRIES, JOHNS, MARKEY, McENENY, McKEVITT,
RAIA, SALADINO, WEISENBERG -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to including post trau-
matic stress disorder in the definition of biologically based mental
illness for purposes of Timothy's Law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Item (ii) of subparagraph (B) of paragraph 5 of subsection
2 (l) of section 3221 of the insurance law, as amended by chapter 502 of
3 the laws of 2007, is amended to read as follows:
4 (ii) For purposes of this paragraph, the term "biologically based
5 mental illness" means a mental, nervous, or emotional condition that is
6 caused by a biological disorder of the brain and results in a clinically
7 significant, psychological syndrome or pattern that substantially limits
8 the functioning of the person with the illness. Such biologically based
9 mental illnesses are defined as schizophrenia/psychotic disorders, major
10 depression, bipolar disorder, delusional disorders, panic disorder,
11 obsessive compulsive disorders, post traumatic stress disorder, bulimia,
12 and anorexia.
13 § 2. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
14 of the insurance law, as amended by chapter 502 of the laws of 2007, is
15 amended to read as follows:
16 (B) For purposes of this subsection, the term "biologically based
17 mental illness" means a mental, nervous, or emotional condition that is
18 caused by a biological disorder of the brain and results in a clinically
19 significant, psychological syndrome or pattern that substantially limits
20 the functioning of the person with the illness. Such biologically based
21 mental illnesses are defined as schizophrenia/psychotic disorders, major
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02138-01-1
A. 4121 2
1 depression, bipolar disorder, delusional disorders, panic disorder,
2 obsessive compulsive disorders, post traumatic stress disorder, anore-
3 xia, and bulimia.
4 § 3. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
5 of the insurance law, as amended by chapter 502 of the laws of 2007, is
6 amended to read as follows:
7 (B) For purposes of this subsection, the term "biologically based
8 mental illness" means a mental, nervous, or emotional condition that is
9 caused by a biological disorder of the brain and results in a clinically
10 significant, psychological syndrome or pattern that substantially limits
11 the functioning of the person with the illness. Such biologically based
12 mental illnesses are defined as schizophrenia/psychotic disorders, major
13 depression, bipolar disorder, delusional disorders, panic disorder,
14 obsessive compulsive disorder, post traumatic stress disorder, anorexia,
15 and bulimia.
16 § 4. This act shall take effect immediately.
