FROM THE EXECUTIVE DIRECTOR
Wendy Brennan, MS

New York State Mental Health Parity Law Enacted

Winter 2007

Our newsletter on employment comes out just in time to celebrate the recent passage of Timothy’s Law, New York State’s new mental health parity law. After years of struggle to get mental health parity enacted, on December 22, 2006, Governor Pataki signed the bill.

Timothy’s Law is named after Timothy O’Clair, a 12-year-old boy with a serious emotional disturbance who completed suicide a few months before his 13th birthday. Tom and Donna O’Clair, Timothy’s parents, were forced to give up custody of their son in order to ensure his access to necessary mental health services. The health insurance coverage that Tom O’Clair received through his job was considered adequate, but like so many insurance plans, it did not provide sufficient coverage for mental health treatment. Tom and Donna O’Clair believe that Timothy would still be alive today if they had been able to retain custody of their child and oversee his treatment. As a result of their experience, they vowed that other families would not be forced to make the same heartbreaking choice. New Yorkers owe an enormous amount of gratitude to the O’Clairs for their tireless advocacy efforts on this issue.

As a result of their work, along with the efforts of the Timothy’s Law Campaign committee and numerous mental health advocacy organizations across the state, New Yorkers will have better access to mental health treatment. Essentially, Timothy’s Law will require that all fully insured businesses offer mental health insurance coverage for employees and their family members that includes a minimum of 20 outpatient mental health days and 30 inpatient hospital days for the majority of diagnoses listed in the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders). The co-payments and deductibles for these services will be equivalent to those incurred under the standard health insurance plan. In addition, companies with more than 50 workers must provide full parity, or equal mental health and physical health benefits, for biologically based mental illnesses.

For more than four years, with generous funding from the New York Community Trust and the van Ameringen Foundation, NAMI-NYC Metro’s Mental Health Benefits Project has worked with experts in New York City and around the country to learn about best practices in mental health benefit design and managing mental health in the workplace. We have learned that while good benefits are essential, they are not enough to ensure that employees and their family members are able to obtain access to quality mental health services when needed. Through the Mental Health Benefits Project’s small business workgroup, we will educate employers and employees about the changes in insurance coverage after the enactment of Timothy’s Law and continue to inform them about the importance of obtaining early screening and timely access to quality mental health treatment.

In regard to large, self-insured businesses, which are covered federally and therefore not by Timothy’s Law, NAMI-NYC Metro will continue to advocate for these businesses to pay more attention to mental health in the workplace. In her article, “New York City Business Community Launches City-Wide Depression Initiative,” Becky Pietsch, NAMI-NYC Metro’s advocacy associate and director of the workplace mental health initiative, outlines an exciting workplace depression initiative that we are working on in collaboration with a unique group of stakeholders, including New York City businesses, health insurance providers, city government, and the advocacy community. This group is working together to encourage screening and treatment for depression -- which effects almost 10 percent of working adults and their families -- in primary care settings throughout the city. By making screening a routine part of one’s overall check-up, we will be one step closer to ensuring that New Yorkers receive the mental health care they deserve.

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