Includes post traumatic stress disorder in the definition of biologically based mental illness for purposes of Timothy's law

8 Co-sponsors

• William Scarborough
• Linda Rosenthal
• Nelson Castro
• Inez Barron
• Felix Ortiz
• Vanessa Gibson
• Adam Clayton Powell IV
• Earlene Hooper

15 Multi-sponsors

• William Boyland
• Clifford Crouch
• Joseph Errigo
• Joseph Giglio
• Richard Gottfried
• Janele Hyer-Spencer
• Hakeem Jeffries
• Susan John
• David Koon
• Margaret Markey
• John McEneny
• Thomas McKevitt
• Andrew Raia
• Joseph Saladino
• Harvey Weisenberg

BILL NUMBER:A10082

Title of bill

An act to amend the insurance law, in relation to including post traumatic stress disorder in the definition of biologi- cally based mental illness for purposes of Timothy's Law

Purpose

An act to amend the insurance law, in relation to including post traumatic stress disorder in the definition of biologically based mental illness for purposes of Timothy's Law

Summary of specific provision

Section one amends item (ii) of subpara- graph (B) of paragraph 5 of subsection (1) of section 3221 of the insur- ance law to include post traumatic stress disorder under the definition of biologically based mental illness.

Section two amends subparagraph (B) of paragraph 2 of subsection (g) of section 4303 of the insurance law to include post traumatic stress disorder under the definition of biologically based mental illness.

Section three amends subparagraph (B). of paragraph 2 of subsection (h) of section 4303 of the insurance law to include post traumatic stress disorder under the definition of biologically based mental illness.

Justification

In March of 2001, a young boy, by the name of Timothy O'Clair committed suicide. Despite repeated attempts to get treatment for their child, his parents were unable to get him proper medical care because of issues regarding coverage. Timothy O'Clair lost his life at the age of 12, because the insurance law did not effectively cover chil- dren of his age and situation. That tragedy led to New York's enactment of Timothy's Law, which broadened coverage for children.

To ensure tragedies similar to that one do not repeat themselves, the insurance law must be amended again to cover the different facets of emotional disorders. That is why post traumatic stress disorder must be covered under New York's insurance law.

Children suffering from post traumatic stress disorder have generally been victims or witnesses of catastrophic events. Such examples include: physical abuse, sexual abuse, natural disasters or being diagnosed with a life threatening illness.

Five million children are exposed to some type of traumatic event in the Unities States in an average year. As a result of that devastating expe- rience, forty per cent of those children will experience some type of serious emotional problem. (See, http://www.childtrauma.org/CTAMATERIALS/PTSDfn 03 v2.pdf, and http://www.aacap.oru/cs/root/facts for families/posttraumatic stress disorder ptsd, last visited on February 2, 2010.) Such trauma is accom- panied by strong negative emotions such as "fear, helplessness, anger, sadness, horror or denial." Children may also become emotionally numb or less responsive.

In such cases, it is important for these children to receive appropriate care from trained professionals, so their condition does not worsen. Additionally, it is important to "establish a feeling of safety" which can be provided in part by parents and peers, with the support of treat- ment by therapists. This ensures that the children's fears and worries are reduced, and they are given the ability to cope with their disorder, and move forward toward a full recovery.

(See,http://www.aacap.org/cs/root/facts for_families/posttraumatic_stress disorder_ptsd)

Prior legislation history

This is a new bill.

Fiscal implications

No fiscal implications.

Local fiscal implications

No local fiscal implications.

Effective date

This act shall take effect immediately.