A05413 Summary:

BILL NOA05413
 
SAME ASSAME AS S01778
 
SPONSORCusick (MS)
 
COSPNSRTitone, Abinanti
 
MLTSPNSR
 
Amd SS3221 & 4303, Ins L
 
Includes post traumatic stress disorder among the biologically-based mental illness to be covered.
Go to top    

A05413 Actions:

BILL NOA05413
 
02/26/2013referred to insurance
01/08/2014referred to insurance
Go to top

A05413 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5413
 
SPONSOR: Cusick (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, 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 and made it permanent in 2009. New York State should work to include PTSD among the disorders covered under the Parity Law. By doing so we will be making sure that our returning veterans, victims of abuse 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: S.2009-10: S.185 - Passed Senate 2008: S.6818 - Held on Senate Calendar   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: 90 days after enactment provided that this bill shall apply to policies and contracts issued, renewed, modified, altered or amended .on or after such effective date.
Go to top

A05413 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5413
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2013
                                       ___________
 
        Introduced  by  M. of A. CUSICK, TITONE -- read once and referred to the
          Committee on Insurance
 
        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,
    11  obsessive  compulsive disorders, bulimia, [and] anorexia, and post trau-
    12  matic stress disorder.

    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
    22  depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
    23  obsessive  compulsive disorders, anorexia, [and] bulimia, and post trau-
    24  matic stress disorder.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05431-01-3

        A. 5413                             2
 
     1    § 3. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
     2  of the insurance law, as amended by chapter 502 of the laws of 2007,  is
     3  amended to read as follows:
     4    (B)  For  purposes  of  this  subsection, 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  disorder, anorexia, [and] bulimia, and post trau-
    12  matic stress disorder.
    13    § 4. This act shall take effect on the ninetieth day  after  it  shall
    14  have  become  a  law; provided, however, that the provisions of this act
    15  shall apply to policies and contracts issued, renewed, modified, altered
    16  or amended on or after such effective date.
Go to top