By: David R. Okrent, Esq.

Timothy's Law is named for Timothy O'Clair, a 12 year old boy from Schenectady who committed suicide in 2001. Timothy had been diagnosed with Depression, Attention Deficit Hyperactivity Disorder, and Oppositional Defiance Disorder, but could not get the medical treatment he needed because his parents' health insurance did not adequately cover such mental illness. After many attempts with psychologists, psychiatrists, and a couple of brief stints with inpatient care, the O'Clairs, like many other families, felt they had no alternative but to place Timothy in foster care. There he would be eligible for Medicaid, which would pay for all of the services their insurance companies refused to provide. After 7 months in foster care, Timothy returned home for a few weeks to celebrate his mother's birthday. One night, after a particularly difficult day, Timothy hanged himself in his closet while his older brother did homework in another room.

Since their son's death, Tom and Donna O'Clair and their family have been lobbying State legislature and the Governor's office to pass a law to provide health insurance parity for mental health and substance abuse treatment in New York State. Their hard work paid off last month when the Legislature passed the bill and the Governor signed it in to law. Timothy's Law would sunset on January 31, 2009.

Timothy’s Law now mandates that in a calendar year, medical coverage must include at least 30 days of active inpatient care, and at least 20 days of active treatment in a facility operated by the State Office of Mental Health, a psychiatrist or psychologist licensed to practice in New York, or a university faculty practice corporation. Opponents argued that Timothy's Law would result in a rise in insurance premiums and place a burden on small businesses, but those with fewer than 50 employees will not have to pay for the additional coverage - the state will subsidize the cost.

Susan Wheeler, Chair of "Small Businesses for Timothy's Law" believes the new legislation will not only assist employees and their families, but also the State workforce as a whole. She points out that on average, mental illness costs US businesses $79 billion annually in lost productivity, "If all insurance policies provided parity-based mental health and chemical dependency benefits, all businesses would benefit in the long-run from the increase in productivity and the reduction of absenteeism."

The new law does not, however, require coverage for treatment of post traumatic stress disorder, or for drug and alcohol dependencies. This concession was necessary to win sufficient support to pass the bill, but it's sponsors have vowed to add those disorders to the list covered by the new law in future years.

A 2002, PricewaterhouseCoopers study estimated the cost of implementing mental health and substance abuse parity legislation at $1.26 per insured person per month. This figure is specific to New York and based on the prior experiences of dozens of other states that have already passed some form of parity.

Timothy's Law is expected to help many families like the O'Clairs to receive the care they need before it is too late.

For more information, visit www.davidrokrentlaw.com, or email Mr. Okrent at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .