Malkin & Ross was instrumental in an effort to change the laws as they relate to the provision of mental health services in private insurance plans throughout New York. For years, New York health insurance companies were denying their members coverage for mental health treatment. The lack of mental health parity in health insurance was terribly detrimental to thousands of families throughout New York. One family in particular, the O’Clairs became the face of the fight to enact mental health parity. Timothy's Law is named after Timothy O'Clair, a Schenectady boy who committed suicide in 2001. His suicide was attributed to the discrimination that he faced at the hands of his parent's insurance company, discrimination that existed throughout every private insurance plan in New York State.

Malkin & Ross organized and led its client and a broad coalition of families and social justice groups in the Timothy’s Law Campaign to change the insurance laws in New York. The campaign was targeted at key Legislators and business interests who were supporters of the existing policy. Through a combination of lobbying, grassroots organizing, media outreach and the cultivation of the proper messengers, the coalition was able to eliminate discrimination in the provision of mental health services in private insurance plans throughout New York. Timothy’s Law mandates that insurance providers covering any health care services must also provide coverage for mental health and substance abuse services, and that coverage and cost must be ‘on par’ with all other health care services covered under such policy. Timothy’s Law became permanent on July 11, 2009 when Governor Paterson signed chapter 181 of the Laws of 2009.

Legislative History - Timothy's Law  
 

A 8611  Morelle (MS)   Same as S 5672  HUNTLEY,  S 50004  RULES  Governor Program # 17 Insurance Law TITLE....Eliminates the expiration and repeal of Timothy's law 05/29/09 referred to insurance 06/03/09 reported referred to rules 06/08/09 reported 06/08/09 rules report cal.98 06/08/09 ordered to third reading rules cal.98 06/09/09 passed assembly 06/09/09 delivered to senate 06/11/09 REFERRED TO RULES 06/30/09 SUBSTITUTED FOR S5672 06/30/09 3RD READING CAL.628 06/30/09 PASSED SENATE 07/09/09 VOTE RECONSIDERED - RESTORED TO THIRD READING 07/09/09 REPASSED SENATE 07/09/09 RETURNED TO ASSEMBLY 07/10/09 delivered to governor 07/11/09 signed chap.181

S5672 HUNTLEY    Same as A 8611  Morelle (MS),  S 50004  RULES  Governor Program # 17 ON FILE: 05/28/09 Insurance TITLE....Eliminates the expiration and repeal of Timothy's law 05/27/09 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 06/03/09 1ST REPORT CAL.628 06/04/09 2ND REPORT CAL. 06/08/09 ADVANCED TO THIRD READING 06/30/09 SUBSTITUTED BY A8611     A08611   Morelle (MS)     05/29/09 referred to insurance  06/03/09 reported referred to rules  06/08/09 reported  06/08/09 rules report cal.98  06/08/09 ordered to third reading rules cal.98  06/09/09 passed assembly  06/09/09 delivered to senate  06/11/09 REFERRED TO RULES  06/30/09 SUBSTITUTED FOR S5672  06/30/09 3RD READING CAL.628  06/30/09 PASSED SENATE  07/09/09 VOTE RECONSIDERED - RESTORED TO THIRD READING  07/09/09 REPASSED SENATE  07/09/09 RETURNED TO ASSEMBLY  07/10/09 delivered to governor  07/11/09 signed chap.181     S50004 RULES    Same as S 5672  HUNTLEY,  A 8611  Morelle (MS)  Governor Program # ON FILE: 06/23/09 Insurance TITLE....Eliminates the expiration and repeal of Timothy's law 06/23/09 REFERRED TO RULES