This bill has been amended

Bill S1778-2013

Includes post traumatic stress disorder among the biologically-based mental illness to be covered

Includes post traumatic stress disorder among the biologically-based mental illness to be covered.

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  • Jan 8, 2014: REFERRED TO INSURANCE
  • Jan 9, 2013: REFERRED TO INSURANCE

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1778 2013-2014 Regular Sessions IN 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.
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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