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With all the hustle and bustle at the New York State Capitol throughout the year, especially at the end of the Legislative Session in June and sporadically throughout the summer, you'd think it was one of the most productive legislative sessions in decades. The reality is that despite all the activity, little was actually accomplished, including on issues concerning those living with mental illness.

After nearly 4 ½ months of delay, due mostly to an impasse between the Assembly, Senate and Governor over how to restructure school funding, the legislature approved a State budget on August 11th, setting a new state record for the latest budget. When they finished, the legislature had rejected the creation of a Preferred Drug Program, which would have limited the access New Yorkers on Medicaid have to get the medications they need. The legislature also rejected the Governor's proposal to close Middletown Psychiatric Center, approved an increase in funding for adult home residents and operators, and extended the Community Mental Health and Workforce Reinvestment Act through 2010.

Just one week after saying he had "profound concerns" with the budget passed by the Assembly and Senate, the Governor wielded his veto pen and vetoed 195 items in the budget totaling $1.8 billion. Of greatest concern to the mental health community was his veto of $4.5 million restored by the legislature for 'Aid to Localities,' designed to pay for non-Medicaid mental health and community support programs.

Whether the Senate and Assembly will join together like they did in 2003 to over-ride the Governor's vetoes, in this, an election year for the entire legislature, remains to be seen. As the 2004 legislative session progressed through the spring, into the summer, legislative victories remained mostly out of reach for the mental health advocacy community. The efforts of the Mental Health Alternatives to Solitary Confinement (MHASC) coalition did meet with some success when the Assembly passed legislation that would abolish the practice of placing incarcerated individuals with mental illness in solitary confinement, otherwise referred to as Special Housing Units (SHUs) or 'The Box.' Pursuit of this legislation ended there, as no Senate sponsor was ever identified.

Unfortunately, Tom and Donna O'Clair, joined by thousands of supporters statewide, were left angered and frustrated by the Senate's failure to pass Timothy's Law. For nearly two years, the O'Clairs toured New York State telling their heartbreaking story of how they were unable to get their son, Timothy, the mental health services he needed due to discriminatory insurance policies. With each stop, they gained additional support for Timothy's Law.

The Senate introduced a new parity bill (S.7296-A) in May that eliminated chemical dependency coverage, exempted employers with 50 or fewer employees, and only covered 10 "biologically-based" mental illnesses. Tom and Donna O'Clair refused to lend Timothy's name to the Senate's parity bill, calling it, "a far cry from Timothy's Law."

After several attempts to negotiate an acceptable compromise between the Assembly and Senate, the last night of the regular legislative session came on June 22nd without an agreement. The Assembly, in an attempt to address the Senate's concerns, re-introduced Timothy's Law with an attached tax credit, designed to provide relief to small businesses that might experience an increase in insurance premiums as a result of Timothy's Law. Rejecting the Assembly's compromise bill, the Senate brought S.7296-A to the floor for a vote. Despite the efforts of the minority Democratic Senators to substitute Timothy's Law for the less comprehensive Senate bill, the Senate voted against Timothy's Law and instead, passed their bill.

The O'Clairs and mental health advocates held a vigil outside the Senate chamber whenever the Senate was in session, from June through August, calling for passage of Timothy's Law. Nonetheless, few, if any discussions between the Assembly and Senate took place and the future of Timothy's Law is now uncertain, at best. It is truly a sad commentary on the status of NYS government that legislation that would not only save lives, but also save money, cannot be enacted into law.

Now that this year's legislative session is over, the budget is passed and the Governor having vetoed parts of it, mental health advocates are preparing for the legislature's return in January for another legislative session where additional issues will be added to the pile, despite the unfinished business. However, with hints that the legislature may return as early as the fall, advocates still hold out hope that issues such as Timothy's Law can be resolved this year.