NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4572A
SPONSOR: Rivera P (MS) TITLE OF BILL: An act to amend the insurance law, in relation to post
traumatic stress disorder
PURPOSE OR GENERAL IDEA OF BILL: This legislation would include post
traumatic stress disorder (PTSD) among the list of biologically based
mental illnesses that would be covered under Timothy's Mental Health
Parity Law.
SUMMARY OF SPECIFIC PROVISIONS: Sections one of the bill amends
section 7.09 of the mental hygiene law to provide that the OMH commis-
sioner shall consult with and assist the superintendent of insurance on
the study required under Timothy's law to determine the effectiveness of
mental health parity and further provides that the Commissioner may
include within the study any additional findings that he or she shall
deem appropriate.
Sections two and three of the bill amends sections 3221 and 4303 of the
insurance law to include post traumatic stress disorder among the list
of biologically based mental illnesses to be covered.
Section four of the bill provides for an effective date.
JUSTIFICATION: A number of important physiological differences have
been found in individuals diagnosed with PTSD compared with individuals
without the disorder which support the inclusion of PTSD within the list
of biologically based mental illnesses that are covered under NYS's
Mental Health Parity Law. For example, brain imaging studies demonstrate
increased cerebral blood flow in regions associated with memory and
emotional regulation. Hormonal abnormalities have been found in domestic
violence victims suffering from PTSD and are thought to explain why
individuals with PTSD are kept in a constant heightened state of read-
iness for threat despite not encountering actual danger, PTSD is also
linked to metabolic changes and cellular damage in the cingulate gyrus,
the limbic region responsible for autonomic nervous system functioning,
such as cognitive processing, blood pressure and heart rate regulation.
While the prevalence of PTSD in the general population is small, it is
relatively high when you look at certain subgroups of the population
that are affected by it. Veterans who have been in combat, victims of
violent crimes such as rape, survivors of childhood abuse, and persons
exposed to catastrophic events such as natural disasters or terrorism
all suffer from much higher rates of PTSD. Additionally the symptoms are
very real and debilitating. Left untreated, PTSD is highly associated
with serious medical ailments leading to significant physical debili-
tation and even premature death. Further, suicide risk for PTSD patients
is considerably higher than among unaffected populations.
New York State adopted Mental Health Parity under Timothy's Law in 2006.
In 2009 we should pass this bill and include PTSD within the list of
biologically based mental illnesses that must be covered by insurers. By
doing so we will be making sure that our returning veterans, victims
often"or and other violent crimes and others suffering from PTSD are
afforded the care they need through their insurance coverage to address
their disease.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: N/A
EFFECTIVE DATE: 90 days after enactment provided it shall expire with
the other provisions of Timothy's Law on December 31, 2009, and further
provided that this bill shall apply to policies and contracts issued,
renewed, modified, altered or amended on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
4572--A
2009-2010 Regular Sessions
IN ASSEMBLY
February 5, 2009
___________
Introduced by M. of A. P. RIVERA, LUPARDO, CAHILL, ALESSI, STIRPE,
CAMARA, CUSICK, LAVINE, ROSENTHAL, LANCMAN, KOON, KAVANAGH, JAFFEE,
N. RIVERA, GUNTHER, SCHROEDER, SPANO, SCHIMEL, GOTTFRIED, BRENNAN,
ESPAILLAT, ZEBROWSKI, CARROZZA, MAISEL, ORTIZ, O'DONNELL, RAMOS,
TITONE -- Multi-Sponsored by -- M. of A. ALFANO, AUBRY, BALL, BARRA,
BENJAMIN, BING, BOYLAND, BOYLE, BRODSKY, BROOK-KRASNY, BURLING,
BUTLER, CALHOUN, CHRISTENSEN, COLTON, CONTE, COOK, DINOWITZ, DUPREY,
ENGLEBRIGHT, ERRIGO, FIELDS, GALEF, GIGLIO, GLICK, HAWLEY, HEVESI,
HOOPER, HOYT, JACOBS, JEFFRIES, JOHN, KELLNER, LENTOL, LIFTON,
P. LOPEZ, MAGEE, MAYERSOHN, McDONOUGH, McENENY, McKEVITT, MOLINARO,
PAULIN, PERALTA, PHEFFER, PRETLOW, RABBITT, REILLY, SALADINO, SAYWARD,
SCARBOROUGH, SCOZZAFAVA, SWEENEY, TEDISCO, THIELE, TOBACCO, TOWNSEND,
WEISENBERG -- read once and referred to the Committee on Mental
Health, Mental Retardation and Developmental Disabilities -- recommit-
ted to the Committee on Insurance in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to post traumatic stress
disorder
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (ii) of subparagraph (B) of paragraph 5 of
2 subsection (1) of section 3221 of the insurance law, as amended by chap-
3 ter 502 of 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00735-03-0
A. 4572--A 2
1 obsessive compulsive disorders, bulimia, [and] anorexia, and post trau-
2 matic stress disorder.
3 § 2. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
4 of the insurance law, as amended by chapter 502 of the laws of 2007, is
5 amended to read as follows:
6 (B) For purposes of this subsection, the term "biologically based
7 mental illness" means a mental, nervous, or emotional condition that is
8 caused by a biological disorder of the brain and results in a clinically
9 significant, psychological syndrome or pattern that substantially limits
10 the functioning of the person with the illness. Such biologically based
11 mental illnesses are defined as schizophrenia/psychotic disorders, major
12 depression, bipolar disorder, delusional disorders, panic disorder,
13 obsessive compulsive disorders, anorexia, [and] bulimia, and post trau-
14 matic stress disorder.
15 § 3. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
16 of the insurance law, as amended by chapter 502 of the laws of 2007, is
17 amended to read as follows:
18 (B) For purposes of this subsection, the term "biologically based
19 mental illness" means a mental, nervous, or emotional condition that is
20 caused by a biological disorder of the brain and results in a clinically
21 significant, psychological syndrome or pattern that substantially limits
22 the functioning of the person with the illness. Such biologically based
23 mental illnesses are defined as schizophrenia/psychotic disorders, major
24 depression, bipolar disorder, delusional disorders, panic disorder,
25 obsessive compulsive disorder, anorexia, [and] bulimia, and post trau-
26 matic stress disorder.
27 § 4. This act shall take effect on the ninetieth day after it shall
28 have become a law; provided, however, that the provisions of this act
29 shall apply to policies and contracts issued, renewed, modified, altered
30 or amended on or after such effective date.
