BILL NUMBER:A10082

TITLE  OF  BILL:    An  act  to  amend the insurance law, in relation to
including post traumatic stress disorder in the definition  of  biologi-
cally based mental illness for purposes of Timothy's Law

PURPOSE:  An  act  to  amend the insurance law, in relation to including
post traumatic stress disorder in the definition of  biologically  based
mental illness for purposes of Timothy's Law

SUMMARY  OF SPECIFIC PROVISION: Section one amends item (ii) of subpara-
graph (B) of paragraph 5 of subsection (1) of section 3221 of the insur-
ance law to include post traumatic stress disorder under the  definition
of biologically based mental illness.

Section  two amends subparagraph (B) of paragraph 2 of subsection (g) of
section 4303 of the insurance  law  to  include  post  traumatic  stress
disorder under the definition of biologically based mental illness.

Section  three amends subparagraph (B). of paragraph 2 of subsection (h)
of section 4303 of the insurance law to include  post  traumatic  stress
disorder under the definition of biologically based mental illness.

JUSTIFICATION:    In  March of 2001, a young boy, by the name of Timothy
O'Clair committed suicide. Despite repeated attempts  to  get  treatment
for  their child, his parents were unable to get him proper medical care
              

because of issues regarding coverage. Timothy O'Clair lost his  life  at
the age of 12, because the insurance law did not effectively cover chil-
dren  of his age and situation. That tragedy led to New York's enactment
of Timothy's Law, which broadened coverage for children.

To ensure tragedies similar to that one do not  repeat  themselves,  the
insurance  law  must  be  amended again to cover the different facets of
emotional disorders. That is why post traumatic stress disorder must  be
covered under New York's insurance law.

Children  suffering  from  post traumatic stress disorder have generally
been victims or witnesses of catastrophic events. Such examples include:
physical abuse, sexual abuse, natural disasters or being diagnosed  with
a life threatening illness.

Five million children are exposed to some type of traumatic event in the
Unities States in an average year. As a result of that devastating expe-
rience,  forty  per  cent of those children will experience some type of
serious              emotional              problem.               (See,
http://www.childtrauma.org/CTAMATERIALS/PTSDfn     03     v2.pdf,    and
http://www.aacap.oru/cs/root/facts  for  families/posttraumatic   stress
disorder  ptsd, last visited on February 2, 2010.) Such trauma is accom-
panied by strong negative emotions such as "fear,  helplessness,  anger,
sadness, horror or denial." Children may also become emotionally numb or
less responsive.

In such cases, it is important for these children to receive appropriate
care  from  trained  professionals,  so their condition does not worsen.
Additionally, it is important to "establish a feeling of  safety"  which
can be provided in part by parents and peers, with the support of treat-
ment  by  therapists. This ensures that the children's fears and worries
are reduced, and they are given the ability to cope with their disorder,
and move forward toward a full recovery.

(See,http://www.aacap.org/cs/root/facts
for_families/posttraumatic_stress disorder_ptsd)

PRIOR LEGISLATION HISTORY: This is a new bill.

FISCAL IMPLICATIONS: No fiscal implications.

LOCAL FISCAL IMPLICATIONS: No local fiscal implications.

EFFECTIVE DATE: This act shall take effect immediately.