NY State Senate Bill 2009-S1646

Senate Bill S1646

2009-2010 Legislative Session

Directs the commissioner of mental health to prepare a report on the effectiveness of mental health parity

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to mental health and developmental disabilities
Jul 16, 2009	committed to rules
Feb 24, 2009	advanced to third reading
Feb 23, 2009	2nd report cal.
Feb 11, 2009	1st report cal.40
Feb 03, 2009	referred to mental health and developmental disabilities

co-Sponsors

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2009-S1646 (ACTIVE) - Details

See Assembly Version of this Bill:: A5659
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.09, Ment Hyg L; amd §8, Chap 748 of 2006; amd §4, Chap 502 of 2007

2009-S1646 (ACTIVE) - Summary

Directs the commissioner of mental health to prepare a report on the effectiveness of mental health parity; report will include the results and findings of a study conducted by the superintendent of insurance and the office of mental health pursuant to chapter 748 of the laws of 2006 (Timothy's Law); the commissioner of health shall deliver a copy of such report to the governor, the temporary president of the senate and the speaker of the assembly on or before March 31, 2010.

2009-S1646 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1646

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to directing the
commissioner of mental health to prepare a report on the effectiveness
of mental health parity; to amend chapter 748 of the laws of 2006
amending the insurance law relating to enacting "Timothy's law", in
relation to making the provisions of such chapter permanent; and to
amend chapter 502 of the laws of 2007 amending the insurance law
relating to certain coverage for mental illness, in relation to the
effectiveness thereof


 PURPOSE :
This bill removes the December 31, 2009 sunset date on Timothy's Law
and thereby makes mental health parity permanent in New York State. It
also requires the Commissioner of Mental Health to prepare a report on
the effectiveness of Timothy's Law by March 31, 2010.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 7.09 of the mental hygiene law by
adding anew subdivision (k) requiring the Commissioner of Mental
Health to report on the effectiveness of Timothy's Law by March 31,
2010.

Sections 2 & 3 of the bill amend the effective dates of both Chapter

748 of 2006 and Chapter 502 of 2007 making them permanent.

Section 4 of the bill provides for an immediate effective date.

 JUSTIFICATION :
Timothy's Law, which this bill makes permanent, assures coverage for
mental illness for millions of New Yorkers and provides mental health
insurance parity in New York State. It prevents the unfair treatment
of persons who suffer from mental illnesses and helps ensure their
successful, complete recovery by prohibiting health insurance
contracts from setting more restrictive limits or higher deductibles
for diagnosis and treatment of these sicknesses than for other
conditions covered in the same contract. Since New York State's
adoption of mental health parity in 2006, the federal government has
followed suit.

Timothy's Law is scheduled to expire on December 31, 2009. Although
the Governor's 2009-2010 budget does propose a one year extension,
this bill goes further and makes this important and historic statute
permanent.

 LEGISLATIVE HISTORY :
New Bill. Timothy's Law was adopted by Chapter 748 of 2006 and
technical amendments were made by Chapter 502 of 2007.  The law is
scheduled to expire on December 31, 2009, although the Governor's
proposed 2009-2010 budget includes a one year extension of that date.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
Immediately.

2009-S1646 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1646

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY, ADAMS, AUBERTINE, BRESLIN, DIAZ, ESPADA,
  KLEIN, MONSERRATE, ONORATO,  OPPENHEIMER,  PERKINS,  SAMPSON,  SAVINO,
  SCHNEIDERMAN,  SQUADRON,  STAVISKY  -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities

AN ACT to amend the mental hygiene law, in  relation  to  directing  the
  commissioner of mental health to prepare a report on the effectiveness
  of  mental  health  parity;  to  amend chapter 748 of the laws of 2006
  amending the insurance law relating to enacting  "Timothy's  law",  in
  relation  to  making  the provisions of such chapter permanent; and to
  amend chapter 502 of the laws  of  2007  amending  the  insurance  law
  relating  to  certain  coverage for mental illness, in relation to the
  effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7.09 of the mental hygiene law is amended by adding
a new subdivision (k) to read as follows:
  (K) THE COMMISSIONER OF MENTAL HEALTH, IN CONSULTATION WITH THE SUPER-
INTENDENT  OF  INSURANCE, SHALL PREPARE A REPORT ON THE EFFECTIVENESS OF
MENTAL HEALTH PARITY. SUCH REPORT SHALL INCLUDE, BUT NOT BE  LIMITED  TO
THE  RESULTS  AND  FINDINGS OF A STUDY CONDUCTED BY THE OFFICE OF MENTAL
HEALTH AND THE SUPERINTENDENT OF INSURANCE  PURSUANT  TO  CHAPTER  SEVEN
HUNDRED  FORTY-EIGHT  OF THE LAWS OF TWO THOUSAND SIX.  THE COMMISSIONER
OF MENTAL HEALTH SHALL DELIVER A COPY OF SUCH REPORT  TO  THE  GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TEN.
  S 2. Section 8 of chapter 748 of the laws of 2006, amending the insur-
ance  law  relating  to  enacting "Timothy's law", is amended to read as
follows:
  S 8. This act shall take effect on the first of January next  succeed-
ing  the  date on which it shall have become a law [and shall expire and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08317-02-9

S. 1646                             2

be deemed repealed December 31, 2009;] and the provisions  of  this  act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on or after such effective date.
  S 3. Section 4 of chapter 502 of the laws of 2007, amending the insur-
ance  law relating to certain coverage for mental illness, is amended to
read as follows:
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force and effect on and after January 1, 2007, and
shall apply to all policies and  contracts  issued,  renewed,  modified,
altered  or  amended  on or after such date; provided, however, that the
notice of availability of coverage  requirements  provided  in  sections
one,  two  and  three  of this act and the amendments relating to school
blanket contracts made by sections two and three of this act shall  take
effect  immediately  and  shall  apply to all contracts issued, renewed,
modified, altered or amended on  or  after  such  effective  date[;  and
provided  further,  that the amendments to paragraph 5 of subsection (l)
of section 3221 and subsections (g) and  (h)  of  section  4303  of  the
insurance  law made by sections one, two and three of this act shall not
affect the expiration of such provisions and shall expire therewith].
  S 4. This act shall take effect immediately.

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