NY State Senate Bill 2009-S185

Archive: Last Bill Status - On Floor Calendar

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
May 03, 2010	advanced to third reading
Apr 28, 2010	2nd report cal.
Apr 27, 2010	1st report cal.441
Feb 24, 2010	reported and committed to finance
Feb 01, 2010	print number 185a
Feb 01, 2010	amend (t) and recommit to mental health and developmental disabilities
Jan 06, 2010	referred to mental health and developmental disabilities returned to senate died in assembly
Sep 11, 2009	referred to insurance
Sep 10, 2009	delivered to assembly passed senate restored to third reading
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.39
Jan 07, 2009	referred to mental health and developmental disabilities

Votes

- Sep 10, 2009 - Floor Vote
  S185
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Sep 10, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Bonacic
      
      Foley
      
      Huntley
  Sep 10, 2009 - Rules Committee Vote
  S185
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Sep 10, 2009
      
      aye (24)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
  Apr 27, 2010 - Finance Committee Vote
  S185
  
  19
  
  Aye
  
  2
  
  Nay
  
  12
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Apr 27, 2010
      
      aye (19)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Klein
      
      Kruger
      
      Leibell
      
      Maziarz
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (2)
      
      Seward
      
      Volker
      
      aye wr (12)
      
      DeFrancisco
      
      Farley
      
      Hannon
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Robach
      
      Saland
  Feb 24, 2010 - Committee Vote
  S185
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Feb 24, 2010
      
      aye (6)
      
      Adams
      
      Duane
      
      Huntley
      
      McDonald
      
      Montgomery
      
      Volker
      
      aye wr (1)
      
      Hannon
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

2009-S185 - Details

See Assembly Version of this Bill:: A4572
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§3221 & 4303, Ins L

2009-S185 - Summary

Includes within the definition of "biologically based mental illness" the term "post traumatic stress disorder".

2009-S185 - Sponsor Memo

                                 BILL NUMBER:  S185

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to the
effectiveness of mental health parity; and to amend the insurance law,
in relation to post traumatic stress disorder


 PURPOSE :
This legislation would include post traumatic stress disorder (PTSD)
among the list of biologically based mental illnesses that would be
covered under Timothy's Mental Health Parity Law.

 SUMMARY OF PROVISIONS :
Sections one of the bill amends section 7.09 of the mental hygiene law
to provide that the OMH commissioner shall consult with and assist the
superintendent of insurance on the study required under Timothy's law
to determine the effectiveness of mental health parity and further
provides that the Commissioner may include within the study any
additional findings that he or she shall deem appropriate.

Sections two and three of the bill amends sections 3221 and 4303 of
the insurance law to include post traumatic stress disorder among the
list of biologically based mental illnesses to be covered.

Section four of the bill provides for an effective date.

 JUSTIFICATION :
A number of important physiological differences have been found in
individuals diagnosed with PTSD compared with individuals without the
disorder which support the inclusion of PTSD within the list of
biologically based mental illnesses that are covered under NYS's
Mental Health Parity Law. For example, brain imaging studies
demonstrate increased cerebral blood flow in regions associated with
memory and emotional regulation.  Hormonal abnormalities have been
found in domestic violence victims suffering from PTSD and are thought
to explain why individuals with PTSD are kept in a constant heightened
state of readiness for threat despite not encountering actual danger.
PTSD is also linked to metabolic changes and cellular damage in the
cingulate gyrus, the limbic region responsible for autonomic nervous
system functioning, such as cognitive processing, blood pressure and
heart rate regulation.

While the prevalence of PTSD in the general population is small, it is
relatively high when you look at certain subgroups of the population
that are affected by it. Veterans who have been in combat, victims of
violent crimes such as rape, survivors of childhood abuse, and persons
exposed to catastrophic events such as natural disasters or terrorism
all suffer from much higher rates of PTSD. Additionally the symptoms
are very real and debilitating. Left untreated, PTSD is highly
associated with serious medical ailments leading to significant
physical debilitation and even premature death. Further, suicide risk
for PTSD patients is considerably higher than among unaffected
populations.

New York State adopted Mental Health Parity under Timothy's Law in
2006. In 2009 we should pass this bill and include PTSD within the
list of biologically based mental illnesses that must be covered by
insurers. By doing so we will be making sure that our returning
veterans, victims of ten"or and other violent crimes and others
suffering from PTSD are afforded the care they need through their
insurance coverage to address their disease.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
90 days after enactment provided it shall expire with the other
provisions of Timothy's Law on December 31, 2009, and further provided
that this bill shall apply to policies and contracts issued, renewed,
modified, altered or amended on or after such effective date.

2009-S185 - Bill Text download pdf

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

                                   185

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to the effectiveness
  of mental health parity; and to amend the insurance law,  in  relation
  to post traumatic stress disorder

  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 SHALL CONSULT WITH AND ASSIST THE  SUPERINTENDENT
OF  INSURANCE ON THE STUDY REQUIRED UNDER SUBDIVISION A OF SECTION SEVEN
OF CHAPTER SEVEN HUNDRED FORTY-EIGHT OF THE LAWS OF TWO THOUSAND SIX  TO
DETERMINE  THE  EFFECTIVENESS  OF MENTAL HEALTH PARITY. THE COMMISSIONER
MAY INCLUDE WITHIN THE STUDY ANY ADDITIONAL  FINDINGS  THAT  HE  OR  SHE
SHALL DEEM APPROPRIATE.
  S  2. Clause (ii) of subparagraph (B) of paragraph 5 of subsection (1)
of section 3221 of the insurance law, as amended by chapter 502  of  the
laws of 2007, is amended to read as follows:
  (ii)  For  purposes  of  this  paragraph, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that  is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive disorders, bulimia, [and] anorexia, AND POST TRAU-
MATIC STRESS DISORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00735-01-9

S. 185                              2

  S 3. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007,  is
amended to read as follows:
  (B)  For  purposes  of  this  subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that  is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive disorders, anorexia, [and] bulimia, AND POST TRAU-
MATIC STRESS DISORDER.
  S 4. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007,  is
amended to read as follows:
  (B)  For  purposes  of  this  subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that  is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive  disorder, anorexia, [and] bulimia, AND POST TRAU-
MATIC STRESS DISORDER.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that the amendments to clause (ii)
of  subparagraph (B) of paragraph 5 of subsection (l) of section 3221 of
the insurance law made by section two of this act shall not  affect  the
expiration  of  such  paragraph and shall be deemed to expire therewith;
provided, further, that the amendments to subparagraph (B) of  paragraph
2 of subsection (g) of section 4303 of the insurance law made by section
three of this act shall not affect the expiration of such subsection and
shall  be deemed to expire therewith; provided, further, that the amend-
ments to subparagraph (B) of paragraph 2 of subsection  (h)  of  section
4303  of  the  insurance  law made by section four of this act shall not
affect the expiration of such subsection and shall be deemed  to  expire
therewith; provided, further that the provisions of this act shall apply
to  policies and contracts issued, renewed, modified, altered or amended
on or after such effective date.

2009-S185A (ACTIVE) - Details

See Assembly Version of this Bill:: A4572
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§3221 & 4303, Ins L

2009-S185A (ACTIVE) - Summary

Includes within the definition of "biologically based mental illness" the term "post traumatic stress disorder".

2009-S185A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S185A

 TITLE OF BILL :
An act to amend the insurance law, in relation to post traumatic
stress disorder


 PURPOSE :
This legislation would include post traumatic stress disorder (PTSD)
among the list of biologically based mental illnesses that would be
covered under Timothy's Mental Health Parity Law.

 SUMMARY OF PROVISIONS :
Sections one, two and three of the bill amends sections 3221 and 4303
of the insurance law to include post traumatic stress disorder among
the list of biologically based mental illnesses to be covered.

Section four of the bill provides for an effective date.

 JUSTIFICATION :

A number of important physiological differences have been found in
individuals diagnosed with PTSD compared with individuals without the
disorder which support the inclusion of PTSD within the list of
biologically based mental illnesses that are covered under NYS's
Mental Health Parity Law.  For example, brain imaging studies

demonstrate increased cerebral blood flow in regions associated with
memory and emotional regulation. Hormonal abnormalities have been
found in domestic violence victims suffering from PTSD and are thought
to explain why individuals with PTSD are kept in a constant heightened
state of readiness for threat despite not encountering actual danger.
PTSD is also linked to metabolic changes and cellular damage in the
cingulate gyrus, the limbic region responsible for autonomic nervous
system functioning, such as cognitive processing, blood pressure and
heart rate regulation.

While the prevalence of PTSD in the general population is small, it is
relatively high when you look at certain subgroups of the population
that are affected by it. Veterans who have been in combat, victims of
violent crimes such as rape, survivors of childhood abuse, and persons
exposed to catastrophic events such as natural disasters or terrorism
all suffer from much higher rates of PTSD.  Additionally the symptoms
are very real and debilitating. Left untreated, PTSD is highly
associated with serious medical ailments leading to significant
physical debilitation and even premature death. Further, suicide risk
for PTSD patients is considerably higher than among unaffected
populations.

New York State adopted Mental Health Parity under Timothy's Law in
2006 and made it permanent in 2009. In 2010 we should pass this bill
and include PTSD within the list of biologically based mental
illnesses that must be covered by insurers. By doing so we will be
making sure that our returning veterans, victims of abuse or and other
violent crimes and others suffering from PTSD are afforded the care
they need through their insurance coverage to address their disease.

 LEGISLATIVE HISTORY :

2009:  S.185 - Passed Senate
2008:  S.6818 - Held on Senate Calendar

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
90 days after enactment provided that this bill shall apply to
policies and contracts issued, renewed, modified, altered or amended
on or after such effective date.

2009-S185A (ACTIVE) - Bill Text download pdf

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

                                 185--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT to amend the insurance law, in relation to post traumatic stress
  disorder

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

  Section  1.    Clause  (ii)  of  subparagraph  (B)  of  paragraph 5 of
subsection (1) of section 3221 of the insurance law, as amended by chap-
ter 502 of the laws of 2007, is amended to read as follows:
  (ii) For purposes of this  paragraph,  the  term  "biologically  based
mental  illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically  based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression,  bipolar  disorder,  delusional  disorders,  panic disorder,
obsessive compulsive disorders, bulimia, [and] anorexia, AND POST  TRAU-
MATIC STRESS DISORDER.
  S 2. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) For purposes of this  subsection,  the  term  "biologically  based
mental  illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically  based

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

                                                           LBD00735-02-0

S. 185--A                           2

mental illnesses are defined as schizophrenia/psychotic disorders, major
depression,  bipolar  disorder,  delusional  disorders,  panic disorder,
obsessive compulsive disorders, anorexia, [and] bulimia, AND POST  TRAU-
MATIC STRESS DISORDER.
  S 3. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) For purposes of this  subsection,  the  term  "biologically  based
mental  illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically  based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression,  bipolar  disorder,  delusional  disorders,  panic disorder,
obsessive compulsive disorder, anorexia, [and] bulimia, AND  POST  TRAU-
MATIC STRESS DISORDER.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the provisions  of  this  act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on or after such effective date.

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Senate Bill S185

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Sep 10, 2009 - Floor Vote

Floor Vote: Sep 10, 2009

Sep 10, 2009 - Rules Committee Vote

Rules Committee Vote: Sep 10, 2009

Apr 27, 2010 - Finance Committee Vote

Finance Committee Vote: Apr 27, 2010

Feb 24, 2010 - Committee Vote

Committee Vote: Feb 24, 2010

Bill Amendments

2009-S185 - Details

2009-S185 - Summary

2009-S185 - Sponsor Memo

2009-S185 - Bill Text download pdf

2009-S185A (ACTIVE) - Details

2009-S185A (ACTIVE) - Summary

2009-S185A (ACTIVE) - Sponsor Memo

2009-S185A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S185

Share this bill

Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2009-S185 - Details

2009-S185 - Summary

2009-S185 - Sponsor Memo

2009-S185 - Bill Text download pdf

2009-S185A (ACTIVE) - Details

2009-S185A (ACTIVE) - Summary

2009-S185A (ACTIVE) - Sponsor Memo

2009-S185A (ACTIVE) - Bill Text download pdf

Comments