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

Friday Fax from Albany

Senate Democrats to hold hearing on Timothy’s Law: The Senate Democrats have announced that Senator Velmanette Montgomery will be holding a public hearing on Timothy’s Law on Wednesday, September 10 in Albany. If you would like to testify at this hearing, please return the attached response form to Cathy Bern. Her number, fax and e-mail are listed following the form.

Public Hearing Notice and Response form:

PUBLIC MEETING NOTICE

SENATOR VELMANETTE MONTGOMERY

"Timothy's Law"

Date: Wednesday, September 10, 2003

Place: Hearing Room A, Legislative Office Building

Time: 10:00 a.m. to 5 p.m.

"Timothy's Law" (A.8301-Tonko/S.5329-Libous) is named for Timothy O'Clair, who completed his suicide in March of 2001 at the age of twelve. Timothy's parents sought mental health treatment for him when they noticed significant changes in his behavior. Over the course of several years, the O'Clair's encountered one barrier after the next. Their insurance coverage, through Mr. O'Clair's employment with New York State, only allowed 20 outpatient visits a year to the psychiatrist and psychologist combined and stopped payment for Timothy's inpatient treatment after eight days. They even had to place Timothy in foster care so he would become automatically eligible for Medicaid and receive the services that his insurance company failed to provide.

In New York State, insurers limit the number of inpatient and outpatient mental health visits per year and charge higher deductibles, co-payments, and/or co-insurance for mental health and substance abuse treatment than they do for treatment of physical health services. The Surgeon General reports that one in every five adult Americans experience some type of mental disorder every year. Unfortunately, fewer than one-third of adults and half of children with a diagnosable mental disorder receive any level of treatment. A recent PricewaterhouseCoopers actuarial analysis of Timothy's Law concluded that it would only increase New Yorker's premiums by an average of $1.26 per person per month. A Zogby poll indicated that 81 percent of New Yorkers support mental health insurance parity.

Witnesses will be asked to consider the following questions:

? What experience have you or someone you know had in attempting to
obtain adequate coverage for mental health or chemical dependency needs?

? A potential compromise to Timothy's Law is being discussed. This
compromise would include: 1) limiting coverage to children only; 2)
excluding coverage for chemical dependency; and 3) not requiring employers
with 50 or fewer employees to provide coverage. How would these
suggestions impact Timothy's Law as it is currently written?

Oral testimony will be limited to ten minutes duration. Witnesses should
bring ten copies of their testimony.

Those wishing to testify should complete this form and mail, fax or e-mail
to Cathy Bern by Monday, August 25, 2003.

Senate Minority Program Office
Attn: Cathy Bern
Agency Bldg. #4, 17th Floor
Albany, NY 12247
(518) 455-2957 (Phone)
(518) 426-6840 (FAX)
bern@senate.state.ny.us

NAME:________________________________________________________

ORGANIZATION:________________________________________________

TOPIC:________________________________________________________

______________________________________________________________

ADDRESS:___________________________________________________

_____________________________________________________________

PHONE:_____________________________________________________

Timothy’s Law Activities:

Save the Date!

September 16, 2003

NYS Senate Returns to Albany

Timothy’s Law Campaign to hold rally in Albany
to urge passage of Timothy’s Law THIS YEAR!

Don’t forget to send Senator Bruno your $1.26 for Timothy’s Law
(download PDF version of the flyer below).

$1.26 For Timothy’s Law

To show your support for Timothy’s Law, which would eliminate the limits on coverage for mental health and chemical dependency services, send NYS Senate Majority Leader Joe Bruno $1.26 (one dollar, one quarter, one penny) with a note like the one below urging him to pass Timothy’s Law. Please be sure to include your name and address. For more info, go to www.TimothysLaw.org

Mail to: Senate Majority Leader Joseph Bruno
368 Broadway
Saratoga Springs, NY 12866

Dear Senator Bruno,

According to a recent PricewaterhouseCoopers study, the cost of eliminating discrimination against mental illness and chemical dependency in insurance coverage in NYS is $1.26 per person per month. Enclosed is $1.26, my payment for mental health and chemical dependency service coverage. For this amount each month, or about $15 per year, Timothy’s Law would provide equal access to mental health and chemical dependency services under insurance policies.

I’m sending you this to demonstrate my commitment to Timothy’s Law, S.5329 (in the Rules Committee). I’m not alone in my support for Timothy’s Law. According to a Zogby poll, 81% of New Yorkers are also willing to pay this additional $1.26 each month for equal mental health and chemical dependency services.

Sincerely,

Letters to the Editor

Also, please continue to write letters to the editors of the newspapers you read. Even if you have already seen a letter regarding “Timothy’s Law” in your local paper, it is important that we are a continual presence. This will emphasize the strong levels of support and commitment from supporters of “Timothy’s Law” and ensure that the focus remains on passage this year.

Talking Points for ‘Timothy’s Law’ Letters to the Editor

When sending letters, please keep in mind these few simple guidelines:
- Generally, shorter is better. Most papers like letters to be 150 words, however, some allow slightly longer pieces.
- Submit your letter to your local paper, as papers generally like to publish the views of residents within the reading area.
- Include your name, town, and phone number. Your phone number will not be published; however, the paper will contact you to verify the letter.
- Keep the letter in good taste.
- If your letter gets published, LET US KNOW. You can fax copies of published letters to (518) 427-8676, or send a hard copy to MHANYS, 194 Washington Ave., Suite 415, Albany, NY 12210.

Introduction
To start, use one of the statements below, or combine multiple statements into one thought:

• All but five Senators have at some point expressed their support for Timothy’s Law.
• If your Senator is Bruno, Kuhl, Leibell, Meier, or Seward, say that you were disappointed to learn that they could not see to join their colleagues in supporting Timothy’s Law.
• You are upset with your Senator for leaving Albany without ensuring the passage of Timothy’s Law.

Body
In the middle, use one or more of the following arguments. It is best to incorporate two different ideas, but tie them together well.

• Timothy O’Clair completed suicide just seven weeks before his 13th birthday because he did not have access to the treatment that he needed.
• The treatment works.
• Timothy’s Law would cost only $1.26 per person per month.
• Timothy’s Law will save the lives of children and adults throughout the state who cannot afford access to the treatment that they need.
• A recent study has shown that untreated depression costs businesses much more every year than Timothy’s Law would.
• If you have a story that you would like to share, briefly tell it (one or two sentences). You may also share your story in more detail on the Timothy’s Law website, at www.TimothysLaw.org.

Conclusion
Towards the end, stress the fact that it is not enough to co-sponsor the bill, and that you want your senator to do his or her part to ensure its passage.

• Ask your Senator to call on Senate Leadership to pass Timothy’s Law as soon as possible.
• Mention that Senator has the opportunity to pass Timothy’s Law and prevent other families from suffering needlessly.

Remember, letters should be brief. Do not try to cover all of the points, cover those that mean the most to you. It is safe to assume that others will write letters too, and that they will cover other materials. A letter that is too long will not get published, or worse, it could get edited and your message changed.

No matter what, be sure to conclude by somehow saying that you expect the Senate to pass “Timothy’s Law” THIS YEAR.

Directory of Letters to the Editor for NYS Papers

Albany Times Union
Letters to the Editor
Times Union
Box 15000
Albany, NY 12212
Fax: (518) 454-5628
Online: http://www.timesunion.com/forms/emaileditor.asp

Binghamton Press and Sun Bulletin
Letters
c/o Press & Sun-Bulletin
P.O. Box 1270
Binghamton, NY 13902
Fax: (607) 798-1113
Online: http://www.pressconnects.com/services/editorial/editor.shtml

Buffalo News
Everybody's Column
The Buffalo News
One News Plaza
P.O. Box 100
Buffalo, NY, 14240
Fax: 716-856-5150
E-mail: LetterToEditor@buffnews.com

Elmira Star-Gazette
Opinion Page
Star-Gazette
P.O. Box 285
Elmira, N.Y. 14902
Fax: 607-734-5614, Attention: Opinion Page, Star-Gazette
Online: http://www.stargazette.com/Services/lettertoeditor.html

Glens-Falls Post-Star
The Post-Star
Editorial Department
P.O. Box 2157
Glens Falls, NY 12801
Online: http://poststar.net/contact/elet_form.asp

Kingston Daily Freeman
Daily Freeman
79 Hurley Ave.
Kingston, N.Y. 12401
E-mail: letters@freemanonline.com

Middletown Times Herald-Record
Times Herald-Record
Attn: Letters to the Editor
P.O. Box 2046
40 Mulberry St.
Middletown, NY 10940
Online: http://www.recordonline.com/services/lettertoeditor.html

New York Daily News
Letters to the Editor
Daily News
450 W. 33 Street
New York, NY 10001
E-mail: voicers@edit.nydailynews.com

New York Journal News
The Journal News
1 Gannett Drive
White Plains, NY 10604
Fax: (914) 696-8396
Online: http://www.nyjnews.com/contact/letters.php3?address=letters

New York Post
The New York Post
Attn: Letters to the Editor
1211 6th Ave.
New York, NY 10036
E-mail: letters@nypost.com
Online: http://www.nypost.com/postopinion/letters/letters_editor.htm

Newsday
Letters Editor
Newsday
235 Pinelawn Road
Melville, NY 11747-4250
Fax: (718) 793-6422
E-mail: letters@newsday.com

The New York Times
Letters to the Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Fax: (212) 556-3622
E-mail: letters@nytimes.com

Plattsburgh Press-Republican
Plattsburgh Press-Republican
170 Margaret St.
P.O. Box 459
Plattsburgh, NY 12901
Online: http://www.pressrepublican.com/cust_serv/news_letter.htm

Poughkeepsie Journal
Letters to the Editor
Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
Online: http://www.poughkeepsiejournal.com/news/forms/letter_form.htm

Rochester Democrat and Chronicle
Letters to the Editor
Democrat and Chronicle
55 Exchange Blvd.
Rochester, NY 14614F
Fax: (585) 258-2356
E-mail: dceditpage@DemocratandChronicle.com

Schenectady Daily-Gazette
Letters
Schenectady Daily-Gazette
P.O. Box 1090
Schenectady, NY 12301
Fax: (518) 395-3175

Staten Island Advance
"Your opinion"
Staten Island Advance
950 Fingerboard Rd.
Staten Island, New York 10305
E-Mail: editor@siadvance.com

Syracuse Post-Standard
Letters to the Editor
Post-Standard
P.O. Box 4915
Clinton Sq.
Syracuse, NY 13221
Fax: (315) 470-3081
E-mail: letters@syracuse.com

Troy Record
Pulse of the People
Troy Record
c/o Lisa Lewis
501 Broadway
Troy, NY 12180

Utica Observer-Dispatch
Letter to the Editor
Observer –Dispatch
221 Oriskany Plaza
Utica, NY 13501
Online: http://www.uticaod.com/news/opinion/letters/letter_form.htm

In the News:

The Innovation Tax. Editorial by William F. Hammond, Jr.wh ammond@nysun.com
The New York Sun, August 4, 2003

Anyone with health insurance who’s tried to fill a prescription in the last 10 years has probably run into a “preferred drug list.” If the drug your doctor has recommended appears on the list for your HMO, there’s no problem. If not, the pharmacist must either substitute a similar medication or charge you a steep copayment.

These lists, known as PDLs or formularies, have become standard operating procedure for health plans trying to control the soaring cost of prescription drugs. Essentially, a health plan will refuse to include a brand-name drug on its PDL, and sharply limit coverage for it, unless the manufacturer offers special rebates. Pharmacy benefit management, the companies that squeeze these rebates out of the big drug companies on behalf of insurers, has become a multibillion-dollar business in America.

The question confronting state lawmakers right now is whether New York’s Medicaid health plan for the poor should get in on the same deal.

This might seem like a no-brainer: Prescription drug coverage is the fastest-growing component of Medicaid, increasing an average of 20% each year. It cost $800 million when Governor Pataki took office in 1995, and is expected to reach $3.8 billion this year.The scale of this spending means New York would have enormous clout in negotiations with manufacturers, and even modest rebates will lead to hundreds of millions of dollars in savings for taxpayers.

But controlling the cost of Medicaid is never easy in Albany, and this particular money-saving strategy is coming under attack from both ends of the political spectrum. The left worries that a PDL will deny Medicaid recipients the best and latest medicines, and the right worries that it will be a backdoor way of imposing price controls on pharmaceuticals. Thus the Pataki administration’s efforts to enact a PDL in New York, begun in earnest last year, have bogged down in the Legislature.

The issue is matchmaking some strange bedfellows at the state capitol.

In a recent letter to state senators, the liberal director of the Mental Health Association of New York State, Joseph Glazer, quoted the conservative founder of Americans for Tax Reform, Grover Norquist, as calling government-mandated rebates from drug companies “a tax on innovation.”

In an interview, Mr. Glazer acknowledged that his chief concern is that a PDL will cut off mental patients from the name-brand drugs they prefer. But he thought Mr. Norquist’s arguments might help him win converts among the Senate’s Republican majority.

“There’s an interesting aspect of this issue, the impact on business, that isn’t being discussed,” Mr. Glazer said.

“If you want your medication to be available to Medicaid patients, you have to be willing to give more money, more of your profits as a business, to government than your competitors.”

But other groups that generally resist limits on Medicaid benefits, such as the AARP and the health-care union 1199, are supporting the creation of a preferred drug list. If the cost of prescription drugs continues to mushroom out of control, these groups reason, state officials will be forced to make other cuts in health-care spending that will be more damaging for their members.

Officials at the AARP, for example, anticipate that New York will scale back its popular Elderly Pharmaceutical Insurance Coverage, which subsidizes drug coverage for low-income senior citizens.

“We don’t love the notion of doing preferred drug lists or any kind of prior approval,” said AARP’s manager of government affairs in Albany, Frederick Griesbach. “The problem we face is the cost of drugs is prohibitive and getting worse.…We see a well-run preferred drug list as a much more viable option for our members than increasing copays or increasing deductibles [in EPIC].”

Meanwhile, the Business Council of New York State, which is usually eager to cut Medicaid, is expressing reservations about the PDL. The council’s health-care lobbyist, Elliott Shaw, notes that some cutting-edge drugs, though expensive, hold the promise of saving money if they keep patients well enough to stay out of hospitals and nursing homes.

The Health Department, which manages Medicaid, tried at first to establish a PDL without the Legislature’s involvement. Officials emphasized that they would choose drugs based primarily on effectiveness — using recommendations from a panel of experts — and then negotiate the best possible deals with manufacturers. But the Assembly and Senate, under pressure from medical consumer groups and drug manufacturers, put a stop to the governor’s unilateral effort earlier this year.

The way lawmakers chose to intervene reflects the contradictory feelings swirling around this issue: The Legislature used $150 million in savings from a PDL to help balance the budget it adopted over Mr. Pataki’s objections. But it specified that the administration could not move forward with the program until lawmakers approved authorizing legislation to be negotiated later, which would include safeguards designed to assure public participation in the process and giving doctors the ability to appeal any coverage denials by the Health Department. Then lawmakers adjourned for the summer without agreement on such a bill, leaving the PDL in limbo.

Lobbyists said three-way talks on the issue between the governor’s office, the Assembly, and the Senate recently restarted in Albany, raising the possibility they will reach a deal in time to approve the program during a special session in September. And Mr. Griesbach, the AARP lobbyist, said he hopes they succeed.

“How can you stand there and look at those increases, 20% increases, and not do anything? It’s irresponsible,” he said. “The sooner we get down to business and do this in a rational way, the better off we’ll be. It can be done.”

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