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BUSCHING-KAPOCHUNAS FINAL

2/4/2009 1:59:19 AM

2008]

TIMOTHY’S LAW

605

emotional disorders or ailments, unless the same limitations are also imposed on physical illnesses covered under the policy or contract;23 and no insurer may limit benefits or impose cost sharing obligations relating to a specific disease or condition, or for a procedure or treatment unique to a specific disease or condition, in a manner inconsistent with limits or obligations imposed with respect to other diseases or conditions in the health plan.24

These changes to New York State insurance law took effect on January 1, 2007, and were to be made available to New Yorkers at the inception of all new contracts and at the anniversary or renewal date of existing contracts. 25

Public Support for Timothy’s Law

New York citizens rallied around Timothy’s Law, which resulted in numerous newspaper editorials which urged the legislature and governor to pass it,26 followed by even more editorials describing the elation felt

when

Timothy’s

Law

was

finally

signed

into

law.27

The

grassroots

28 support for Timothy’s Law State regulations requiring ensure that employees are benefits.

was further supplemented by New York publication of its enactment, in order to aware of their newfound mental health

  • 23.

    Id. §§ 3221(l)(5)(A)(iii), 4303(h)(1).

  • 24.

    See id.

  • 25.

    Timothy’s Law, ch. 748, sec. 1, § 8, 2006 N.Y. Laws at 3723; see also INTRODUCERS

MEMORANDUM IN SUPPORT, supra note 17.

26. See generally Editorial, Sign Timothy’s Law: The Assembly Follows up on Senate Approval of Mental Health Parity Legislation, ALB. TIMES UNION, Dec. 15, 2006, at A16, available at 2006 WLNR 21836151 (pushing for Governor Pataki to sign Timothy’s Law); Editorial, Sign Timothy’s Law: The Mentally Ill Deserve Equal Access to Insurance, POST STANDARD (Syracuse), Dec. 21, 2006, at A12, available at 2006 WLNR 22351432 (same); Martin Wakesberg, Letter to the Editor, Timothy’s Law is Needed for New York State, ALB. TIMES UNION, Nov. 20, 2006, at A10, available at 2006 WLNR 20136492 (“It is time to put parochial issues aside in pushing for the passage of this much-needed law, which would truly help all consumers of mental health services.”). But cf. Group Warns Cost of ‘Timothy’s Law’ Unknown as Bill Passes Assembly, BUS. REV. (Albany), Dec. 14, 2006, available at 2006 WLNR 21578222 (discussing that since the costs of this initiative are still unclear, it might be wise to have a commission to review the mandates of Timothy’s Law to ensure that it will not make health insurance be an economical burden).

27. See generally Mary Jean Coleman, Letter to the Editor, Grateful for Enactment of Timothy’s Law, ALB. TIMES UNION, Jan. 2, 2007, at A10, available at 2007 WLNR 56458 (“Thank you, Governor Pataki, for signing Timothy’s Law.”); Beverly Jean McPeak, Letter to the Editor, Timothy’s Law’s Passage is a Gift to Many Suffering, POST STANDARD (Syracuse), Jan. 1, 2007, at A11, available at 2007 WLNR 35208 (comparing the passage of Timothy’s Law to receiving a

Christmas gift). 28. N.Y. COMP. CODES R. & REGS. tit. 11, § 52.70(d)(9) (2007)

. See generally Insurance

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