S1778-2013 Actions

• Jan 9, 2013: REFERRED TO INSURANCE

S1778-2013 Memo

BILL NUMBER:S1778

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. New York State should work to
include PTSD among the disorders covered under the Parity Law. 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:  2009-10: 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.

S1778-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1778
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Insurance
 

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
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05431-01-3
 
       S. 1778                             2
 

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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