BILL NUMBER:S2439

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 of 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 educators, including but not limited 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 800 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. Same as S.  7115 of 2012.

EFFECTIVE DATE: Immediately.