BILL NUMBER:  S2269

 TITLE OF BILL :  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

 PURPOSE :

The purpose of this legislation is to broaden the coverage of the
insurance law to include post traumatic stress disorder within the
definition of biologically based mental illness.

 SUMMARY OF PROVISIONS :

Section one amends item (ii) of subparagraph (B) of paragraph 5 of
subsection (1) of section 3221 of the insurance 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
children 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
experience, forty per cent of those children will experience some type
of serious emotional problem. (See, http:
//www.childtrauma.org/images/stories/Articles/perrypollard homeost
adapt 9810.pdf, last visited on January 28, 2013.) Such trauma is
accompanied 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 treatment 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/resources_for_families/glossary_
of_symptoms_and_illnesses/ posttraumatic_stress _disorder_ptsd)(last
visited 1/28/13).

 LEGISLATIVE HISTORY :

2015-16:5.1930 - Referred to Insurance
2013-14:S.3096/A.5164-Referred to Insurance
2011-12:S.1129/A.4121-Referred to Insurance
2009-10:S.6778/A.10082-Referred to Insurance

 FISCAL IMPLICATIONS :

No fiscal implications.

 LOCAL FISCAL IMPLICATIONS :

No local fiscal implications.

 EFFECTIVE DATE :
This act shall take effect immediately.