New York Antidiscrimination Insurance Law Does Not Require Parity in Coverage for Physical and Mental Disabilities

In re Polan v. New York Ins. Dep't, 814 N.E.2d 789 (NY 2004)

Efforts have been launched across the country to enhance the benefits available to individuals with a mental illness under employer-provided health care plans.  Such plans often include long-term disability insurance coverage that provides income or other benefits for an employee that becomes disabled.  For a physical disability, this coverage may last as long as the disability continues or until the age of 65 when Social Security and Medicare benefits become available.  For a mental disability, however, this coverage may be limited to a given period of time, such as two years, notwithstanding that the mental disability may be chronic and leaves the individual unable to work...

Found in DMHL Volume 24 Issue 1

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Defendant Who Received Direct Command from God to Murder Is Unsuccessful in Raising Deific Decree Defense Because the Command Did Not Overcome His Cognitive Ability to Tell Right from Wrong

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NM Permits Defendant to Assert at Pretrial Hearing That Mental Retardation Precludes Death Penalty; If Not Established at This Hearing, Defendant Can Introduce Related Evidence During Sentencing Phase