During a special New York State Assembly meeting held Wednesday, December 13, a law ending mental health service discrimination was passed.
Timothy's Law is named for Timothy O'Clair, who committed suicide at age 12 after having fought his mental illness since age 7. Due to limited coverage under their insurance policies, his parents were not able to get him all of the help he needed.
“For too long, people needing help for emotional and behavioral problems have been denied proper care because insurance companies either don't cover these services or only pay for limited visits,” said Assemblymember Mark Weprin. “Some companies even deny coverage. Timothy's story and his life will forever change how we help others.”
The new legislation will require insurance companies to cover 30 days of inpatient mental illness treatment and 20 days of outpatient treatment. It also requires coverage for “biologically-based mental illnesses.”
Timothy's Law will insure “children under 18 with attention deficit disorder, disruptive behavior disorders, significant psychotic symptoms, or behavior caused by emotional disturbances that places the child at risk of causing injuries, property damage or being removed from a household.”
The law also calls for the state's Superintendent of Insurance to create a plan that will ensure that businesses with 50 employees or less are protected from premium increases due to the new legislation.
Finally, Timothy's Law mandates that the Insurance department of the Office of Mental Health “conduct a two-year study to determine the effectiveness and impact of mental health parity legislation in New York and other states.”
“This long-overdue law will provide insurance coverage for mental health comparable to other medical reimbursements, helping to ensure equitable, affordable care for families who face serious mental health problems,” said Assemblymember Jimmy Meng. “My colleagues and I in the Assembly felt it was important to honor Timothy and all New Yorkers facing tough challenges by passing this legislation.”