Senator Frank Padavan announced that the New York State Senate passed "Timothy's Law" to provide parity in insurance coverage for mental illnesses. The legislation would require insurance companies to cover most mental illnesses and would require coverage for a broad range of mental illnesses and conditions specifically related to children. The bill reflects an agreement with the State Assembly that was reached at the end of the regular legislative session.

Senate action on the legislation (S.8482) was announced at a Capitol news conference where Tom and Donna O'Clair of Rotterdam, whose 12-year-old son, Timothy, took his own life in 2001 after repeated bouts of depression, joined Senator Padavan and his colleagues.

Since the beginning of his tenure with the Senate, when Senator Padavan introduced and passed a bill requiring insurance companies to provide coverage for the diagnosis and treatment of mental illnesses, he has been on the forefront of helping to protect the mentally ill.

Senator Padavan's groundbreaking legislation was the beginning of what today will hopefully end in the passage of this bill. "The Senate has done its part and I am hopeful that the Assembly will adhere to an agreement we reached at the end of the 2006 legislative session and return to Albany soon and pass this bill," Padavan said.

"Today is a landmark day for New Yorkers suffering with mental illness and disorders," Tom O'Clair said. "It's a wonderful testament to what the Legislature can accomplish when they work together and a heartfelt tribute to Timothy. I thank the Senate and look forward to the Assembly's return so they can pass it as well."

"Today's passage of Timothy's Law is a testament to the hard work of Timothy O'Clair's parents - strong, brave people who saw a very serious problem and worked relentlessly until it was solved. I admire their resolve and join them in rejoicing today as they are responsible for saving hundreds of thousands of lives because of this legislation," Padavan said.

The legislation includes the following provisions:

The agreement would require insurance companies to cover 30 inpatient days of treatment and 20 outpatient days of treatment for all mental illnesses. The agreement would also require insurance companies to fully cover biologically based mental illnesses, including the following: Schizophrenia/psychotic disorders, Major Depression, Bipolar Disorder, Delusional Disorders, Panic Disorder, Obsessive Compulsive Disorder, Bulimia, Anorexia and Binge Eating.

In addition, the bill would require insurance coverage for children under age 18 with ADD, disruptive behavior disorders or pervasive development disorders where there are serious suicidal symptoms or other life-threatening self-destructive behavior; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that placed the child at risk of causing injury or significant property damage; or behavior caused by emotional disturbances that placed the child at risk of removal from the household.

To address cost concerns raised by small businesses, the agreement directs the state superintendent of insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure.

The bill would also require the state Insurance Department and the Office of Mental Health to conduct a two-year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. When enacted, the bill would take effect Jan. 1, 2007 and sunset on Dec. 31, 2009, to provide for an opportunity to amend the law based on the findings and recommendations of the study.