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

BILL NUMBER:S1129

Title of bill

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

Purpose

The purpose of this legislation is to broaden the coverage of the insurance law to include post traumatic stress disorder within the definition of biologically based mental illness.

Summary of provisions

Section one amends item (ii) of subparagraph (B) of paragraph 5 of subsection (1) of section 3221 of the insurance law to include post tramatic 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 0'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 0'Clair lost his life at the age of 12, because the insurance law did not effectively cover children 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 experience, 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/osttraumatic stress disorderp tsd, last visited on Febmary 2, 2010.) Such trauma is accompanied 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 treatment 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)(last visited 12/17/10).

Legislative history

2009-10: S.6778/A.10082 - Referred to Insurance

Fiscal implications

No fiscal implications.

Local fiscal implications

No local fiscal implications.

Effective date

This act shall take effect immediately.