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Timothy’s Law

The New York State Senate and Assembly finally came to an agreement to extend health insurance coverage for people with psychiatric disabilities. This agreement will require all health insurance policies in New York State to provide coverage for at least 30 inpatient days and 20 outpatient visits of mental health treatment.

Having more of an impact on everyday New Yorkers is the fact that insurers would no longer be able to charge significantly larger co-payments, compared to the co-payments they charge for other health services, for accessing mental health services. This will apply to employers of all sizes.

For employers with more than 50 employees, they will be required to provide enhanced mental health coverage to their employees, without the arbitrary limits on coverage (30 days/20 visits) for a limited list of diagnoses. Small employers would be provided with the option to purchase this enhanced coverage.

While this marks a significant step toward ending insurance discrimination, a major deficiency in the agreement is that it fails to address the discriminatory health insurance policies that restrict access to services for those with addiction needs. Nonetheless, advocates are determined to continue this fight on behalf of those with addiction disorders next year and hope to expand upon the advances provided in this agreement when the law would need renewal in 2009.

Both houses are expected to return sometime this fall and pass this agreed-upon version of Timothy’s Law (A.12080/S.8482), which would then be delivered to Governor Pataki for his consideration.

Boot the SHU

The Boot the SHU bill S.2207 was brought to the floor of the Senate where it passed by a unanimous vote. Under the current system, inmates who do not conform to prison rules, oftentimes resulting from actions caused by their mental condition, are placed in Special Housing Units (SHUs) to spend 23 hours-per-day in a barren, concrete cell experiencing sensory deprivation, social isolation and enforced idleness. This isolation frequently leads to further mental deterioration and eventual hospitalization for inmates with mental health needs.

S.2207 will completely ban the use of the SHU for prisoners with psychiatric disabilities, ensure that prisoners with mental health needs receive appropriate treatment and housing, and will provide additional training for corrections officers to enable them to safely and effectively interact with and identify inmates with mental health needs. The Boot the SHU legislation is scheduled to be delivered to the Governor for his consideration in August. People who support this effort are encouraged to contact the Governor to urge him to sign A.3926/S.2207 into law.

Mental Health Housing Waiting List

Currently, there is no central, statewide list of people with psychiatric disabilities who require housing or face homelessness. Such individuals with psychiatric disabilities might be: currently homeless; aging, but out of foster care; discharged from psychiatric centers; looking to move out of an adult home; in the correctional system; living with aging family members, etc.

While New York State has a pretty solid record of developing housing for people with mental health needs, a more accurate assessment of how many units of housing are needed is necessary to address the issue

The Senate passed legislation to establish a mental health housing waiting list, A.2895-a/S.3653-a. Hopefully, Governor Pataki will sign this legislation when it is sent to his desk in early August.

Medicare Part D Medicaid Wrap-Around For Dual Eligibles

Under the agreement reached between the Governor and Legislature in the last days of session, all dually eligible individuals who are getting their medications through a Medicare Part D provider will have a safety net that will cover any drugs denied by a Part D plan until January 1, 2007. Essentially, this maintains the same level of drug coverage that dually eligible individuals had when they were getting medications via Medicaid, before their drug access was downgraded as a result of Medicare Part D. This extension does not impact the permanent wrap-around benefit covering certain medications, including anti-depressants and anti-psychotics, which will continue to be available to dually eligible individuals.

Budget

This year’s budget agreement is highlighted by a three-year 2.5% cost of living adjustment (COLA) for residential and non-residential community-based mental health programs and a restoration of $3.34 million community-based providers impacted by the funding cuts from years past.

Children’s mental health programs received what is likely the largest and most expansive investment in this year’s budget, totaling $29 million.

Supported housing programs received $6.5 million in funding to help fund rent stipends.

Also, funding was provided for the 2005 New York City/New York State (New York/New York) III agreement, which will provide over 5,500 additional housing units in New York City for individuals with psychiatric disabilities at risk of homelessness.

Civil Commitment of Sexual Offenders

Mental health advocates joined with sexual assault victim advocates, sexual abuse treatment providers, criminal defense lawyers, prison reform advocates, civil libertarians, and prisoners’ families to publicly oppose efforts to house sexual offenders in mental health facilities after they have been released from prison and offer alternatives to more effectively, and safely address the concerns posed by sexual offenders.

Governor Pataki has moved forward, bolstered by a recent court decision, and has placed sexual offenders in the state’s psychiatric centers indefinitely. Next year is certain to bring additional attention to this issue and require additional work on the part of mental health advocates.