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New York Employees Gain Equal Coverage for Mental Illnesses
In a ground breaking move, the State of New York has passed Timothy's Law, which will forbid many health insurance companies from drawing a distinction between physical and mental disorders and covering fewer of the medical expenses incurred by patients suffering from a range of mental illnesses from severe depression to schizophrenia.

The state deputy director of the National Alliance on Mental Illness, Jeff Keller, said in response to the passage of the legislation, "Mental illness is a brain disorder. The brain is an organ of the body. However, it's ironic that it's an organ that we all use to work, but in employee health plans it's the only one that is arbitrarily limited."

Timothy's Law was named for Timothy O'Clair of Schenectady, New York, who committed suicide just weeks shy of his 13th birthday by hanging himself in his bedroom closet. His parents struggled for years to pay for the treatment their son required even though the boy's father worked for the state Thruway Authority and was covered by Capital District Physicians and MVP health care plans.

The law the O'Clair's championed in honor of their son will require HMOs and insurance companies to provide equal coverage for mental and physical disorders. Shortly after the announcement that the state Senate had passed Timothy's Law, Tom O'Clair said, "Today is a landmark day for New Yorkers suffering with mental illness and disorders. It's a wonderful testament to what the Legislature can accomplish when they work together, and a heartfelt tribute to Timothy.

Although the law still requires the approval of the state Assembly, that body has on numerous occasions passed the bill only to see the measure die in the Senate. Passage by the Assembly is considered only a formality but worries do continue that the governor will veto the law. It is likely with the impending election season, however, that New York will have a new governor by the time Timothy's Law reaches his desk for signature. In the event of a veto, the Legislature would, in all likelihood, override the denial.

The law will apply to all employee health insurance plans with those business having less then 50 employees being exempt.


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