Mental Health Association in New York State, Inc.
(Publication Archives)

Friday Fax from Albany

A Great Step, in Memory of Timothy: The drive to pass Timothy’s Law took a huge step forward this week, as Senator Tom Libous, joined by thirty-one of his Senate colleagues, and Assemblyman Paul Tonko, joined by fifty fellow members of the Assembly, became the sponsors of the proposal to adopt Timothy’s Law.

Today, for the first time in the history of our efforts to eliminate discrimination against mental health and chemical dependency in health insurance policies, we have a bill, introduced in both houses, that has enough sponsors to actually pass and make its way to the Governor’s desk.

Timothy’s Law will be a ‘uni’ bill – a fancy way of saying that the exact same bill is under review simultaneously in both houses. In that an identical bill must pass both houses to become law, this is the first step in achieving that goal.

What is most thrilling, however, is the broad support that Timothy’s Law is garnering. While this effort has long found favor in the Assembly and among the true believers in the Senate, the overwhelming number of Republican Senate co-sponsors, 32, is indicative of the force of the issue and resonance of Timothy’s story.

To show our immense appreciation, we are urging everyone who resides or works in the district of the Senators and Assemblymembers who joined in sponsorship of this bill to send a brief letter to thank them for their support of Timothy’s Law. This list of Senators and Assemblymembers follows this sample text.

Dear Senator/Assemblymember X:

I would like to take this opportunity to thank you for sponsoring Timothy’s Law.

The barriers Tom and Donna O’Clair encountered in getting their son Timothy the services he needed were not unique, but rather were the limits on coverage that nearly all insurance policies have for mental health and chemical dependency services. Timothy’s Law will ensure that families like the O’Clairs have access to the services and treatment they need to prevent another tragedy, like Timothy’s suicide, from happening again.

I appreciate your support of this legislation to eliminate discrimination in health insurance coverage for mental health and chemical dependency services.

Sincerely,

Senators and Assemblymembers on Timothy’s Law

All Senate offices are in Albany, NY 12247
All Assembly offices are in Albany, NY 12248

Assemblymembers and Senators hold Joint Press Conference on Proposed Closure of Middletown Psychiatric Center:

Text of Assemblyman Gunther’s Press Release:

ASSEMBLYMAN GUNTHER AND COLLEAGUES VOICE
OPPOSITION TO HOSPITAL CLOSURE

Assemblyman Jacob Gunther, Mental Health Committee Chairman Peter Rivera, and
Senator John Bonacic host press conference at Middletown Psychiatric Center

Albany—Assemblyman Jacob E. Gunther, III (D/C – Forestburgh) announced today that he will be visiting Middletown Psychiatric Center on Monday, April 7th at 10:00 a.m. with his colleagues, Assembly Mental Health Committee Chairman Peter Rivera, and Senators John Bonacic and William Larkin.

Gunther stated, “I’m delighted Assemblyman Rivera, Chairman of the Mental Health Committee, as well as Senators Bonacic and Larkin have joined me on the grounds of Middletown Psychiatric Center (MPC) today. We are here to underscore the valuable treatment and services this facility provides to our most vulnerable citizens here in Middletown and its surrounding communities. The Governor’s proposal to close this facility is bad public policy and our community will be left with a tremendous void should the closing occur.”

“Where’s the plan?” questioned Assemblyman Gunther. “Not only does Governor Pataki intend to shut down this Center, his budget proposal also lacks a comprehensive, community-based treatment plan as well as the appropriate funding levels for such a plan. What will these people and their families do?,” Gunther continued. “I fear many will end up homeless, living on the street, or in correctional facilities. This will come at a greater cost to patients, families, and taxpayers. Closing Middletown Psychiatric Center certainly will have a significant negative impact on the quality of life in our communities.”

“The humanity of this moment should not escape us. As we stand in front of a facility that was built to represent the hope and comfort for the many patients and families in need of mental health services in this region, I say to those that plan to close the facility and displace that hope and comfort is that we will not turn our backs on the people who need us most,” stated Assemblyman Peter Rivera.

Assemblyman Rivera added, “There are those who would sacrifice the most helpless among up to climb up in the world. There are those who want to dismantle the most humane mechanisms developed to manage our work in the field of mental health. The planned closing of this facility, without a sound alternative to keeping services and jobs in this community, is an affront to the laws of this land, to its people, to our notion of justice, and simple decency.”

The conference will be held in front of Tuckerman Hall on the grounds of Middletown Psychiatric Center beginning at 10:00 a.m. on April 7th.

Positions Available at MHANYS:

MHANYS is looking for a Project Specialist for Individual Placement and Support (IPS)
Full Time - 35 hr/wk.

To develop, manage and implement supported employment and related programs for a private non-profit. Applicant must be a detail oriented person with professional experience in employment; facilitation and organizational skills; ability to work independently; capable of research and assisting in grant writing. A four-year college degree and related work experience; understanding of MS Word, Access, Outlook; interpersonal communication skills; writing/editing skills. Starting low to mid twenties & benefits.

The Mental Health Association in New York State is an equal opportunity employer. Send or fax resumes to: 194 Washington Ave. Suite 415, Albany, NY 12210. FAX (518) 427-8676.

In the News:

Mental health parity editorial ill-conceived - Letter to the Editor.
Daily Gazette, April 2, 2003

Your March 24 editorial, "Beware mental health parity," was highly disappointing and perplexing.

The writer appears to have been impaired by acceptance of the managed-care point of view regarding the importance of mental health services in the total health life of patients.

The limited and prejudicial point of view is not only at variance with almost everyone in health care and government - except the insurance and managed-care companies, of course - it also points out the stigma and shortsightedness of many who look at short-term costs but fail to look at long-term savings.

The editorial suggests that mental health coverage be "at least restricted to severe mental illnesses." Certainly, the writer can go to a physician because of a pain in the knee or a headache, and that visit will be covered by his or her insurance.

But, are not the initial stages of a mental illness as important to diagnose and treat as those of a physical illness? And, if the writer has a chronic cough or backache that he/she determines must be treated by a doctor, what would the writer's response be if he/she were limited to 20 office visits per year, when the 21st or 28th visit would provide the relief sought?

If serious mental illness (SMI) is used as the criterion in parity legislation (as your editorial suggests), it discriminates against children and adults whose illnesses can also be seriously disabling, but who do not fit neatly within the SMI diagnoses.

Diagnoses typically excluded in "SMI only" bills include dementia, anorexia nervosa and bulimia, learning disorders associated with brain damage, phobias, post-traumatic-stress syndrome, substance abuse/addiction, as well as children with serious emotional disorders (SED). These are diagnoses that can be just as debilitating as an SMI. All categories of mental illness should be included in parity legislation.

The Legislature must bring care for mental illnesses on a par with care for physical illnesses. Thirty-seven other states already have implemented mental health parity. Of those, 16 have put full parity in place - and some with parity for both substance abuse and mental health coverage. Employer budgets have not imploded for companies in these states, and mental health coverage has not been dropped in any significant way.

Mental health parity legislation is fair and necessary. And we applaud the more reasoned approaches to mental health parity that The New York Times, Washington Post and Los Angeles Times have taken. Should you, or the state Legislature, be doing any less?

RUDY NYDEGGER, Ph.D.
Albany
The writer is president of New York State Psychological Association.

Medicaid plan for disabled delayed. By Elizabeth Benjamin
Albany Times Union, April 3, 2003

Albany-- Program offering a "buy-in" to avoid losing health care coverage now is scheduled to start in July.

After missing the April 1 start of a long-awaited program to allow disabled New Yorkers to work full time without losing their Medicaid benefits, the state will have it running in July, Gov. George Pataki assured the disability community Wednesday.

Known as the Medicaid "buy-in," the program approved by the Legislature last year would allow some 20,000 disabled individuals to pay a premium and continue to receive health services rather than being kicked off the Medicaid rolls for earning too much money.

Under the program, a disabled individual can earn up to 250 percent of the poverty level - about $46,170 for a single person - and still qualify to receive care under Medicaid. Anyone earning more than $26,000 annually will have to pay in order to continue their Medicaid benefits. The premium would vary with a person's income, state officials said, and could be as high as $2,000.

"The buy-in initiative will empower working individuals with disabilities to pursue their livelihoods while continuing to receive comprehensive state health insurance coverage," the governor said in a prepared statement.

Pataki also announced 15 community-based organizations would each receive a $10,000 grant to assist people seeking to enroll in the Medicaid buy-in program, including the following Albany-based groups: the Brain Injury Association of New York State, the New York Association of Psychiatric Rehabilitation Services, the Cerebral Palsy Association of New York State Inc., and the Mental Health Empowerment Project.

In addition, the governor said he has established the New York State Most Integrated Setting Council to explore and recommend ways to ensure people with disabilities can receive care at home if possible. The council's actions will be guided by principles laid out in the federal Olmstead Act to empower people with disabilities to live more independently, Pataki said.

Disability advocates cheered the news that Pataki had committed to a new timetable for the start of the buy-in program.

"This is a profound change and a profound opportunity," said Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services. "People with disabilities have been so fearful about going to work and making too much money."

As recently as March, advocates were accusing the state Health Department of purposely delaying the program to save the state money at a time when it is facing an $11.5 billion budget deficit. State officials denied that charge, blaming the hold-up on computer problems. The buy-in program is expected to cost the state $6 million in the 2003-04 fiscal year.

"We're confident that this will roll out in July," said Health Department spokesman Robert Kenny.

Loss of jobs, services at Hutchings contradicts state policy - Letter to the Editor. By Nicholas J. Pirro
Syracuse Newspapers, March 29, 2003

Balancing a budget is always a difficult process as one attempts to apportion resources for necessary services. A state budget proposal that would close Hutchings Psychiatric Center is an unfortunate one that state legislators need to address.

The proposed executive budget for the state Office of Mental Health includes a proposed plan to address a budget gap through closing and consolidation of three state psychiatric centers in July, including the relocation of inpatient beds for children and adults from Syracuse to Utica and the transfer of all other services currently provided by Hutchings to Mohawk Valley Psychiatric Center. The result will be the complete closure of Hutchings.

For the past 25 years, Hutchings has provided approximately 40 percent of the public mental health services in Onondaga County. Included are inpatient services for children and adults, clinic and day treatment programs, a social clubhouse program, community residences and a sheltered workshop. Ninety percent of the people served live in Onondaga County. It is a major part of our service system, and because of its downtown location, it is very much a community-based organization.

The potential adverse economic impact is significant. Precise data has not been made available. However, the estimated number of jobs to be eliminated or moved to Utica is 350, with a payroll of $8 million. Over time, fewer and fewer employees of Mohawk Valley Psychiatric Center will live in Onondaga County. This comes at a time when our community is also losing private-sector jobs.

We have been told a 10-week hospital stay in Utica should not be a hardship on families, that their family members "could not be forgotten" in that time frame; that it is unreasonable for every urban community to have specialty services such as cancer centers, heart specialists and long-term psychiatric inpatient care. We disagree. There is a major impact and hardship to families and service providers traveling 60 miles or more to Utica to visit those in the hospital and participate in discharge planning. I am particularly troubled by the impact on children, their families and the full range of child welfare and education services that will now have to travel to Utica.

Many are attracted to Syracuse because of our excellent access to specialty health care. We are known nationally for our cardiac surgery and cancer treatment, and have a first-class regional trauma center. Accessibility to mental health care should be no different.

Transportation to Hutchings is frequently provided by law enforcement agencies or by ambulance. Traveling to Utica will be a substantial burden and will come at a high cost. Relocation of inpatient services to Utica is a step backwards and contradicts state policy of ready access.

Another impact is more subtle but no less important. During the past 15 years state government policy and budgetary goals have supported community-based services, including ready access to services, coordination of care, strong local authority and more recently, a single point of entry and accountability. Our current system already is fragmented and confusing to recipients and providers. Moving 40 percent of our system is a step in the wrong direction.

As the chief executive of a $700.8-million corporation, I can understand and accept the need to reduce costs and reallocate funding. This proposed plan may look better to some from a distance.

State mental hygiene law strongly supports local planning as a foundation for the development of public mental health services. The current plan is not consistent with either the letter or intent of the current statute. New York must keep Hutchings open!

Nicholas J. Pirro is Onondaga County executive.

Psychiatric center injunction still alive. By Matt Smith
Times Herald-Record, April 3, 2003

Albany – A court injunction blocking the Pataki administration from shutting down Middletown Psychiatric Center will stay in place for another week.

A court hearing was scheduled yesterday to decide whether the state can take further closure actions against the Middletown facility, which serves patients in Orange and Sullivan counties.

But the state was given until today to file arguments that might persuade state Supreme Court Judge Joseph Teresi to overturn an injunction handed down on March 19.

The state Public Employees Federation, which sued to stop closure actions at the hospital, will have until Tuesday to make its case for a permanent injunction.

Some state lawmakers have vowed their help to keep the center open.

"We have support from both houses to keep Middletown running," Neila Cardus, a local PEF coordinator, said yesterday. "My hope is, when the budget is passed, Middletown Psychiatric Center will still exist."

The Civil Service Employees Association – the state's largest union – will also file a motion to keep the injunction in place.

Cardus said these unions and another representing security guards are working together to fight the center's closure. The closure would put dozens of employees out of work and move 200 workers and more than 100 patients to Rockland Psychiatric Center, more than an hour's drive from Middletown.

As part of his plan to close the state's $12 billion budget shortfall, Gov. George Pataki proposed closing the Middletown hospital and two other state-run psychiatric centers in Syracuse and Elmira on July 1. It is the second time in three years the facility has been slated to close, according to union officials.

The unions, however, maintain Pataki violated state law by not giving communities a required year's notice before eliminating hospital services. Should Teresi grant a permanent injunction, the psychiatric centers would only be protected from closure until Jan. 29 – a date six months from Pataki's initial target.

On Monday, local state lawmakers are scheduled to gather near Tuckerman Hall at the psychiatric center's campus to support keeping it open. A press conference and a rally by workers is scheduled to begin at 10 a.m. The public is invited.

Mental health insurance parity cost-effective - Letter to the Editor.
Schenectady Daily Gazette, April 4, 2003

Your March 24 editorial about mental health insurance parity couldn't be more wrong.
Nearly 30 states have passed similar laws requiring health insurance carriers to provide the same level of coverage for mental illnesses as they do for any other physical illness. There has been no evidence to support your editorial's specious claim that health care costs will rise and lead to an increase in the uninsured.

In addition to the mounting real-life evidence, several studies have been done on the impact of removing higher co-payments and deductibles (i.e. higher out-of-pocket expenses for consumers). These studies find that requiring insurance companies to provide coverage for mental illness in the same manner they do for other physical illnesses has little to no impact on overall health insurance costs. Some studies show that increased access to mental health care actually reduces overall health care costs.

Families with children who have been diagnosed with a serious mental illness, like the O'Clairs, bear the greatest burden of insurance discrimination. Around 5 percent of children in this country are believed to have a serious mental illness, and for them, prompt and regular access to treatment is essential for their care and, hopefully, cure.

An even lower percentage of these children sometimes require lengthy hospitalizations. Spread over insured populations, the cost of this care is minimal but the cost borne by individual families is enormous. Far too many families have had similar experiences to the O'Clairs and had insurance coverage for their child end at precisely the moment the child most needs treatment. Without other resources, families are forced to give up custody of their child in order to obtain Medicaid funding to support their child's care.

Until New York passes legislation requiring insurance companies to provide the same level of coverage for mental illnesses as for physical illness, families will continue to be faced with this despicable choice.

DAVIN ROBINSON
Niskayuna

Until next time, we remain,
Working to ensure available and accessible mental health services for all New Yorkers