senate Bill S7115A

Amended

Provides for the inclusion of weight control in the health care and wellness education and outreach program

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 30 / Apr / 2012
    • REFERRED TO HEALTH
  • 24 / May / 2012
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 24 / May / 2012
    • PRINT NUMBER 7115A
  • 05 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Jun / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 06 / Jun / 2012
    • PRINT NUMBER 7115B

Summary

Provides for the inclusion of weight control in the health care and wellness education and outreach program; includes weight management and physical fitness in wellness programs.

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Bill Details

See Assembly Version of this Bill:
A10016A
Versions:
S7115
S7115A
S7115B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; amd §3239, Ins L

Votes

14
0
14
Aye
0
Nay
1
aye with reservations
0
absent
2
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S7115A

TITLE OF BILL:

An act
to amend the public health law, in relation to
the
inclusion of weight control in the health care and wellness education
and outreach program;
and
to amend the insurance
law, in relation to wellness programs

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to promote a more inter-disciplinary
approach to help combat adult and childhood obesity. The incidence of
childhood obesity is a rapidly growing public health, social, and
economic concern that is adversely affecting the overall health and
wellbeing of our next generation of New Yorkers. In fact, the number
of acute and chronic adverse health conditions such as diabetes,
chronic coronary conditions, and respiratory illnesses caused by
obesity conditions is about to overtake the number of acute and
chronic adverse health conditions caused by smoking tobacco.
This bill attempts to better integrate current programs and laws that
relate to combating childhood obesity.

Further, the Department of Financial Services will be authorized to
allow health insurers and their insureds to more actively participate
in and expand the number Wellness Programs that combat the high
incidence of adult and childhood obesity. Such programs would be
implemented at the option of such health insurers.

SUMMARY OF PROVISIONS:

Section 1: Amends public Health Law section 207 which relates to the
Health Care and Wellness Education and Outreach Program. This
provision expands the ability of DOH to conduct wellness education
and outreach programs to elementary and secondary school educators.
Further, such education and outreach programs can provide information
about the adverse health risks to adults and children who become
obese or underweight.

Section 2: Amends Public Health Law section 207 to provide that the
Department's education and outreach programs may also talk about the
short term and long term adverse health risks to adults and children
who become overweight, obese or underweight.

Sections 3 and 4: Amends Insurance Law section 3239 that relates to
Wellness Programs that can be sponsored by health insurers or HMOs to
help promote the health and wellbeing of their insureds or subscribers.

This provision expands the types of wellness programs that can
sponsored by such carriers to include coordinated weight management,
nutrition, stress management and physical fitness programs to combat
the high incidence of adult and child obesity, asthma, and other
chronic respiratory conditions. This section also, allows for the
full or partial reimbursement of the cost of participating in stress
management programs or activities or participating in a health or
fitness program.

JUSTIFICATION:

The growing prevalence of overweight and obese children and adults is
a serious problem that is facing the entire nation. Obesity related
health care expenditures in New York are some of the highest in the
nation. Further, contrary to the lower (on average) prevalence of
obesity among adults living in New York, children in New York are
more likely to be obese or overweight when compared to national trends.

Obesity and overweight conditions in individuals are leading to higher
incidences of life threatening conditions and substantial economic
costs both to the State of New York for health care costs and to
employers in lost work time and higher health care costs. Obesity in
children tends to manifest itself more widely among poorer children
and children whose parents have lower education levels.

The rising incidence of childhood obesity is a serious medical problem
that continues to grow, especially among poorer and minority
communities. Further, obesity is known to cause or exacerbate a
number of serious chronic medical disorders including hypertension,
dyslipidemia, cardiovascular disease, diabetes, and respiratory
dysfunction. Nearly 80% of patients with diabetes mellitus are obese,
while nearly 70% of diagnosed cases of cardiovascular disease are
related to obesity. Obesity ranks only second to smoking as a
preventable cause of death. Unfortunately, preventable deaths caused
by obesity conditions is rapidly approaching and will or already has
surpassed those deaths caused by smoking tobacco.

While the high prevalence of obesity and overweight conditions is an
important public health concern when it affects adults. It should be
of heightened concern that this adult affliction is now becoming more
common among children. When obesity conditions afflict children this
poses, significant quality of life detriments to such persons,
reduces the productivity of such individuals over a longer time of
their life, and hastens the onset of many chronic conditions that can
hurt the quality of life of such persons and their families.

It is important for state agencies such as the Departments of Health,
Education, Agriculture & Markets, and Insurance, the Office of
Children and Family Services coordinate their current activities to
curb this problem. Further, once New York's state agencies have a
more coordinated approach to curb childhood obesity, then other
public stakeholders such as school educators and BOCES can combine

forces with such state agencies and with private stakeholders such as
health care providers, health care facilities, child day care
centers, insurers, and community groups to provide a coordinated way
to address this problem.

PRIOR LEGISLATIVE HISTORY:

Related to S.6423 (Klein) that contains a
more comprehensive expansion of obesity programs to combat obesity in
adults and children.

EFFECTIVE DATE:

Immediately.

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

                                 7115--A

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to the inclusion of
  weight control in the health care and wellness education and  outreach
  program;  and  to  amend  the  insurance  law, in relation to wellness
  programs

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

  Section  1.   The opening paragraph of subdivision 1, and subdivisions
3, 4 and 6 of section 207 of  the  public  health  law,  as  amended  by
section  16 of part A of chapter 109 of the laws of 2010, are amended to
read as follows:
  There is hereby created within the  department  the  health  care  and
wellness  education  and  outreach  program.  The department may conduct
education and outreach programs for consumers, patients, ELEMENTARY  AND
SECONDARY  SCHOOL  EDUCATORS,  and health care providers relating to any
health care matters the commissioner deems appropriate and:
  3. The department may produce, make available to  others  for  reprod-
uction,  or  contract with others to develop such materials mentioned in
this section as the  commissioner  deems  appropriate.  These  materials
shall  be  made  available to the public AND TO ELEMENTARY AND SECONDARY
SCHOOL EDUCATORS free of charge  as  appropriate  or  for  a  fee  under
certain  circumstances.  The  commissioner may require where appropriate
any health care provider to make these materials available to patients.
  4. In exercising any of his or her  powers  under  this  section,  the
commissioner  may  consult  with  appropriate health care professionals,
providers, consumers, EDUCATORS and patients or organizations represent-
ing them.
  6. The commissioner  may  appoint  as  appropriate  advisory  councils
relating  to various matters that are or are proposed to be the subjects
of programs under this section. All such councils shall  include  repre-
sentation of health care professionals, providers, EDUCATORS, consumers,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13426-16-2

S. 7115--A                          2

patients  and  other  appropriate interests. The members of the councils
shall receive no compensation for their services, but shall  be  allowed
their  actual  and  necessary  expenses incurred in performance of their
duties.
  S  2. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO  ADULTS
AND  CHILDREN  WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT. THE INFORMA-
TION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO  PROVIDING  CITATIONS  TO
THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
MATION ON THE SUBJECT.
  S  3.  Paragraphs  6  and  7  of subsection (b) of section 3239 of the
insurance law, as added by chapter 592 of the laws of 2008, are  amended
and a new paragraph 8 is added to read as follows:
  (6) a nutrition education program; [and]
  (7) health or fitness incentive programs[.]; AND
  (8)  A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT AND
PHYSICAL FITNESS PROGRAM TO COMBAT  THE  HIGH  INCIDENCE  OF  ADULT  AND
CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
  S  4.  Subparagraphs  (C)  and (D) of paragraph 2 of subsection (c) of
section 3239 of the insurance law, as added by chapter 592 of  the  laws
of  2008, are amended and two new subparagraphs (E) and (F) are added to
read as follows:
  (C) the waiver or reduction of copayments, coinsurance and deductibles
for preventive services covered under the  group  policy  or  subscriber
contract; [and]
  (D)  monetary  rewards in the form of gift cards or gift certificates,
so long as the recipient of the reward is encouraged to use  the  reward
for  a  product  or a service that promotes good health, such as healthy
cook books, over the counter vitamins or exercise equipment[.];
  (E) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF  PARTICIPATING  IN  A
STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
  (F)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
HEALTH OR FITNESS PROGRAM.
  S 5. This act shall take effect immediately, except that sections  one
and two of this act shall take effect one year after this act shall have
become  a law; provided that, effective immediately, any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
date.

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