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BUSCHING-KAPOCHUNAS FINAL

2/4/2009 1:59:19 AM

2008]

TIMOTHY’S LAW

615

as they learn that depression influences worker productivity, which in turn affects company performance and competitiveness, are becoming more concerned with how to alleviate this problem.90 The effects of depression on worker productivity have increased in the last few decades, due to the shift from physical-based labor to knowledge and analytical-based labor.91 Researchers have found that depressed workers suffered between 1.5 and 2.3 more short-term disability days per thirty- day span than non-depressed workers,92 and that when they do attend work, they lose approximately twenty percent of their productivity due

to depression-caused symptoms.93 constantly growing more effective,

Treatment for depression is and parity legislation gives these

depressed

employees

the

ability

to

receive

proper

care,

in

turn

increasing

their workplace productivity employers falling under the

and reducing their absenteeism. New York umbrella of Timothy’s Law may begin to

reap these benefits as well: increased productivity, morale, and lower employee absenteeism.

higher

employee

PART III

Federal Mental Health Parity Laws

Federal mental health parity laws are not as expansive as Timothy’s Law. This section discusses the Mental Health Parity Act of 1996,94 the most recent federal statute mandating some form of mental health parity, the multi-year battle of the Mental Health Equitable Treatment Act,95 and the potentially forthcoming Mental Health Parity Act of 2007. The shortcomings of these laws have lead to States passing their own mental health parity laws, discussed in-depth in Part IV of this Note.

  • 90.

    The Business Case for Quality Mental Health Service, supra note 88, at 321, 327-28.

  • 91.

    Id. at 322.

  • 92.

    Id. at 324 (citing Ronald C. Kessler et al., Depression in the Workplace: Effects on Short-

Term Disability, 18 HEALTH AFF. 163 (1999)).

  • 93.

    Id. (footnote omitted).

  • 94.

    Mental Health Parity Act of 1996 § 712, 29 U.S.C. § 1185a (2006).

  • 95.

    See Mental Health Equitable Treatment Act of 1999, S. 796, 106th Cong. (1999); Mental

Health Equitable Treatment Act of 2001, S. 543, 107th Cong. (2001); Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003, S. 486, 108th Cong. (2003); Mental Health Parity

Act of 2007, S. 558, bin/query/z?c110:S.558.

110th

Cong.

(2007),

available

at

http://thomas.loc.gov/cgi-

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