Haunted by Heartbreak, They seek ‘Timothy’s Law’

by Sylvia Saunders New York Teacher May 19, 2004

"Timothy's Law" would be named in memory of a beloved Schenectady boy who killed himself just seven weeks before his 13th birthday.

For nearly five years, his family had struggled to get needed mental health treatment for their son, but discriminatory insurance practices prevented Timothy from getting the help he needed.

After insurance companies refused to continue therapy for his severe depression, his desperate family was forced to place Timothy in foster care to become eligible for Medicaid. But it was too little, too late.

On March 16, 2001,Timothy hanged himself in his bedroom closet. His heartbreaking plight has since become the inspiration for a proposed law that would require insurance companies to improve coverage for mental illness.

Despite their agony, Timothy's parents, Tom and Donna O'Clair, have led the fight for legislation that would require insurance companies to provide treatment for mental illness at the same coverage level provided for physical illness.

They've wheeled the little red wagon their son used to play in to deliver more than 5,000 petitions to state lawmakers and the governor. Most recently, they held an all-night vigil outside the Capitol on May 5, on what would have been Timothy's 16th birthday.

Joining the O'Clairs in their fight for a mental health parity bill are thousands of psychologists affiliated with New York State United Teachers.

The weekend before the Capitol campout, the New York State Psychological Association presented the O'Clairs with the 2004 Beacon Award to recognize their ardent advocacy. The O'Clairs were honored for their efforts to raise the consciousness of state residents and governmental leaders about:

-the horrors of mental illness;

-the role of psychology in fighting those illnesses; and

-the need for insurance to cover the treatment of mental illnesses and chemical dependency.

"They continue to live with a haunting reality," said NYSPA Executive Director Gayle Everitt. "If New York had equal coverage for mental health and chemical dependency services, which would cost New Yorkers only pennies a day, Timothy might have received the treatment he needed."

NYSUT First Vice President Antonia Cortese said no parent should have to face the "excruciating experience" of seeing a child in distress with nowhere to turn for help. NYSUT, with more than 500,000 members in education and health care, is "fully committed to the cause of mental health parity," she said.

The 3,100-member New York State Psychological Association is counting on its affiliation with NYSUT and the American Federation of Teachers to help win such legislation at both the state and federal level.

"No one should die because of insurance restrictions," said NYSUT Executive Vice President Alan Lubin. "People must come before profits."

On March 3, the state Assembly passed Timothy's Law by a vote of 131 to 10. On May 11, NYSUT's lobby day for psychologists, a big breakthrough occurred when Senate Majority Leader Joseph Bruno, R-Rensselaer, and Sen. Thomas Libous, R-Binghamton, unveiled their proposed mental health parity legislation.

The Senate bill, which would exempt small businesses from mental health parity coverage, spells out illnesses that would be covered and would limit the cost impact on insurance companies to 2 percent.

"While the Senate bill is not as comprehensive as Timothy's Law, it is still a significant step forward that brings us closer to enactment of a mental health parity law," Lubin said. "We're encouraging both houses to work together to get a law that truly helps people suffering from mental illness."

Currently in New York the vast majority of private health insurance plans require higher co-payments and deductibles for treatment of mental illness and substance abuse, allowing fewer outpatient visits and days in the hospital, Lubin said.

In Timothy's case, state Thruway Authority worker Tom O'Clair's health policy allowed only 20 outpatient visits a year for the psychiatrist and psychologist combined.

While both their physical and mental health insurance co-payments were $10 per visit initially, mental health visits became $35 each after just a few visits. The expenses mounted, as the family quickly used up coverage limits and began to pay all of it themselves.

Timothy, who was diagnosed with depression, attention deficit hyperactivity disorder and oppositional defiance disorder, received high quality treatment, his family said — when he was able to access it. But the insurance shortfalls meant the family had to limit the professional treatment Timothy received.

Thirty-three states have enacted parity laws. Recent studies confirm that providing mental-health insurance parity is cost-effective and that untreated mental illness is far more costly than the price of full mental health insurance.

A recent actuarial study shows that passage of Timothy's Law would increase premiums by $1.26 per month. In a recent Zogby poll, 81 percent of New Yorkers said they were willing to pay that amount for full mental and chemical dependency health insurance.