S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3699

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
  tee on Health

AN  ACT to establish a task force on occupational wellness and providing
  for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that healthier  employees  experience  less  absenteeism,  greater
productivity, better mental performance, and increased job satisfaction,
performance and morale.
  The  legislature  hereby finds that occupational wellness programs and
preventative health strategies directly address the  leading  causes  of
disability  and  premature  death in the United States. Furthermore, the
vital importance of this issue was recently crystallized by  the  United
States  Centers  for  Disease Control and Prevention (CDC) who earmarked
$14 million to study occupational wellness programs.
  The legislature hereby finds that there is a significant state  inter-
est  in encouraging a proactive approach to preventing illness and inju-
ry, as opposed to the traditional reactive, sick-care method. A reorien-
tation of our systematic approach  to  health  care  is  exemplified  by
United  States  Senate  Bill 2558, the Healthy Lifestyles and Prevention
(HeLP) Act and New York State Senate Bill 5774-A of 1999-2000, The Well-
ness and Preventative Health Care Program.
  The legislature hereby finds that individual studies  and  evaluations
of wellness programs have concluded that such endeavors have dual, rein-
forcing,  and  parallel  benefits. In the first instance, employees have
become more fit, reduced obesity, lessened stress levels, quit  smoking,
and  achieved  other propitious outcomes. Secondarily, wellness programs
have increased overall productivity,  economic  viability,  and  reduced
health care costs relative to employers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03892-01-9

              

A. 3699                             2

  The  legislature  hereby  finds  that encouragement of a healthy life-
style, while accruing  concrete  benefits  to  employees  and  employers
alike,  in the final analysis -- empowers individuals, strengthens fami-
lies, and promotes a greater quality of life.
  The  legislature  intends to ensconce the ethic of a healthy workforce
into the fabric of our personal and professional lives, while  realizing
the  tertiary benefits of savings on insurance premiums as the result of
reducing the number  and  instance  of  health  insurance  and  workers'
compensation claims filed by employees.
  S  2. Task force on occupational wellness.  1. There is hereby created
within the department of health a task force on  occupational  wellness.
The task force shall consist of nine members to be appointed as follows:
three  members  to be appointed by the governor, including one represen-
tative each from the department of health and the  insurance  department
and  a  representative  who is a small business owner; two members to be
appointed by the speaker of the assembly; one member to be appointed  by
the  minority leader of the assembly; two members to be appointed by the
temporary president of the senate and one member to be appointed by  the
minority  leader of the senate. The member from the department of health
shall serve as the director of the task force and  the  commissioner  of
health  may  assign such personnel within the amounts appropriated as is
necessary to carry out the provisions  of  this  section.    Task  force
members  shall  receive  no compensation for their services but shall be
reimbursed for travel expenses incurred  in  the  performance  of  their
duties.
  2.  The  task  force  shall  study  and evaluate the existing state of
employees' health and ascertain  if  the  health  of  employees  can  be
improved by employers implementing an occupational wellness program.
  3.  On  or  before  January  1, 2011, the task force shall prepare and
submit to the governor, the  temporary  president  of  the  senate,  the
speaker  of  the  assembly,  the  minority  leader of the senate and the
minority leader of the assembly a report which shall include, but not be
limited to:
  (a) information on  whether  the  creation  of  occupational  wellness
programs encouraging or providing incentives for employees who regularly
engage  in physical activity and preventive health care would be benefi-
cial to the citizens of the state of New York;
  (b) recommendations regarding how occupational wellness  programs  can
be improved;
  (c) examining the concept of occupational wellness as a whole, includ-
ing  the  history  of  such concept, where and how it has worked and the
costs and implications of such programs; and
  (d) creating a blueprint of the best practices  of  wellness,  how  to
implement  such practices and what steps need to be taken to realize the
concept of occupational wellness in practice.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law provided that  the  provisions  of  this  act
shall  expire  September  1,  2011 when upon such date the provisions of
this act shall be deemed repealed;  provided,  however,  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date.