ALBANY, N.Y., March 12 – Insurance carriers and health maintenance organizations (HMO) providing medical or hospital care in New York State will have to include mental health coverage under legislation passed by the State Assembly and awaiting action in the Senate.

The measure, known as Timothys Law, amends the Insurance Law and ends discrimination in health insurance contracts by requiring that coverage for mental health and addiction treatment services be provided at the same level asprovided for physical illness. Under current law, heath insurance plans and HMOs may deny or limit coverage for needed mental health and addictiontreatment.Even if coverage is provided, insurers can charge significantly higher deductibles or co-pays for the services, effectively limiting or preventingaccess to medically necessary treatment.Timothys Law would end this discrimination.

The legislation, introduced by Assemblyman Paul D. Tonko(D/L Schenectady),is known as Timothys Law for Timothy OClair, who took his own life before his 13th birthday because the family lacked adequate health insurance coverage required to access desperately needed treatment.

Assembly Speaker Sheldon Silversaid mental health parity has long been a major issue for the Assembly.This bill establishes the rights of those who need mental-health care or addition treatment so that these individuals will no longer be second-class citizens in our health-insurance system.

Tonko pointed out that each year health plans continue to cut back on coverage for mental healthcare and addictiontreatment. He said, Our parents, children, friends and family cannot stand by and watch insurance coverage for these treatments erode from year to year.Most families cant afford to pay out-of-pocket for expensive care, whether it be outpatient counseling, rehabilitation or inpatient care.

Other states and the federal government have recognized the need to end discrimination in health care: at least 35 other states have adopted some form of parity legislation, Tonko said.In 2001, the Federal Employees Health Benefits Program, which serves eight million people, adopted a parity policy.

Timothys Law was supported by more than 320 organizations united under the Timothys Law Campaign, including Alcohol and Substance Abuse Providers of New York State; Coalition for the Homeless; Coalition of Voluntary Mental Health Agencies; Families Together in New York State; Mental Health Association in New York State National Alliance on Mental Illness in New York State; New York Association of Psychiatric Rehabilitation services; New York State Coalition for Childrens Mental Health Services; New York State Council for Community Behavioral Health Care; New York State Psychiatric Association; New York State Psychological Association; New York State Rehabilitation Association and Schuyler Center for Analysis and Advocacy; and New York State United Teachers.

Senator Thomas K. Duane(D-New York) has sponsored the bill in the New York State Senate where it is in the Insurance Committee.