S T A T E O F N E W Y O R K
________________________________________________________________________
5778
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
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Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to reporting on the
incidence of asthma
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
24-F to read as follows:
ARTICLE 24-F
ASTHMA REPORTING
SECTION 2499-B. ASTHMA; DUTY TO REPORT.
2499-C. REPORTING.
2499-D. ASTHMA; REPORTS CONFIDENTIAL.
S 2499-B. ASTHMA; DUTY TO REPORT. 1. EVERY PHYSICIAN SHALL GIVE NOTICE
OF IMMEDIATELY, BUT NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER, EVERY
CASE OF ASTHMA COMING UNDER HIS OR HER CARE, TO THE DEPARTMENT, EXCEPT
AS OTHERWISE PROVIDED.
2. THE PERSON IN CHARGE OF EVERY ASTHMA REPORTING FACILITY SHALL IMME-
DIATELY, BUT NOT LATER THAN ONE HUNDRED EIGHTY DAYS THEREAFTER, GIVE
NOTICE OF EVERY CASE OF ASTHMA COMING UNDER THE CARE OF SUCH FACILITY TO
THE DEPARTMENT.
3. ALL ABSTRACTING WORK PERFORMED BY AN ASTHMA REPORTING FACILITY
PURSUANT TO THE REPORTING PROVISIONS OF THIS SECTION SHALL BE PERFORMED
BY A CERTIFIED ASTHMA REGISTRAR. ASTHMA REPORTING FACILITIES MAY ESTAB-
LISH CONSORTIA TO ENGAGE A CERTIFIED ASTHMA REGISTRAR TO PERFORM THE
REPORTING REQUIREMENTS OF THIS SECTION. A "CERTIFIED ASTHMA REGISTRAR"
IS AN INDIVIDUAL CERTIFIED BY A NATIONALLY RECOGNIZED NOT-FOR-PROFIT
ORGANIZATION WHICH CERTIFIES ASTHMA REGISTRARS. THE PROVISIONS OF THIS
SUBDIVISION SHALL NOT APPLY TO ANY ASTHMA REPORTING FACILITY WHICH
RENDERS SERVICES FOR ONE HUNDRED OR FEWER CASES OF ASTHMA PER YEAR AS
DETERMINED BY THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08593-01-9
A. 5778 2
4. THE DEPARTMENT SHALL ESTABLISH AND UPDATE AS NECESSARY A MANUAL
DESIGNATING WHICH SPECIFIC DATA ELEMENTS SHALL BE REPORTED TO THE
DEPARTMENT PURSUANT TO THIS SECTION. THE DEPARTMENT SHALL MAKE SUCH
MANUAL AVAILABLE TO EVERY ASTHMA REPORTING FACILITY AND PHYSICIAN
REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
5. THE DEPARTMENT SHALL ESTABLISH AND UPDATE AS NECESSARY A DATA
DICTIONARY TO STANDARDIZE INFORMATION INTERPRETATION OF DATA ELEMENTS
REPORTED BY ASTHMA REPORTING FACILITIES AND OTHER HEALTH CARE PROVIDERS.
THE DEPARTMENT SHALL MAKE SUCH DICTIONARY AVAILABLE TO EVERY ASTHMA
REPORTING FACILITY AND PHYSICIAN REQUIRED TO COMPLY WITH THE PROVISIONS
OF THIS SECTION.
6. THE DEPARTMENT SHALL, TO THE EXTENT FUNDS ARE MADE AVAILABLE,
ESTABLISH OR CONTRACT FOR REGIONAL TRAINING PROGRAMS TO PROVIDE TRAINING
TO ANY ASTHMA REPORTING FACILITY OR PHYSICIAN REQUIRED TO COMPLY WITH
THE PROVISIONS OF THIS SECTION. SUCH REGIONAL TRAINING PROGRAMS SHALL
PROVIDE TRAINING RELATING TO THE SPECIFIC DATA ELEMENTS WHICH MUST BE
REPORTED PURSUANT TO THIS SECTION, THE DATA DICTIONARY ESTABLISHED
PURSUANT TO THIS SECTION, AND ANY OTHER SUBJECTS WHICH ARE INTENDED TO
ENSURE QUALITY, TIMELY, AND COMPLETE COMPLIANCE WITH THIS SECTION.
7. THE DEPARTMENT SHALL MEET ASTHMA REGISTRY GOALS ESTABLISHED BY A
NATIONALLY RECOGNIZED CENTRAL ASTHMA REGISTRY ORGANIZATION, UNLESS ANY
SUCH GOAL IS CONTRARY TO ANY PROVISION OF LAW.
8. WHERE AN ASTHMA REPORTING FACILITY FAILS TO COMPLY WITH THE
PROVISIONS OF THIS SECTION, THE DEPARTMENT MAY ELECT TO PERFORM REGISTRY
SERVICES FOR SUCH FACILITY. SUCH ASTHMA REPORTING FACILITY SHALL REIM-
BURSE THE DEPARTMENT FOR ACTUAL EXPENSES INCURRED.
9. A PHYSICIAN OR ASTHMA REPORTING FACILITY WHICH VIOLATES ANY
PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY PURSUANT
TO SECTION TWELVE OF THIS CHAPTER.
10. THE NOTICES REQUIRED BY THIS SECTION SHALL BE UPON FORMS SUPPLIED
BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE
REQUIRED BY THE COMMISSIONER.
11. FOR THE PURPOSES OF THIS SECTION, AN "ASTHMA REPORTING FACILITY"
MEANS A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER,
CLINIC, ANY ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF
THIS CHAPTER, OR OTHER SIMILAR PUBLIC OR PRIVATE INSTITUTION.
12. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES OF
THIS SECTION.
S 2499-C. REPORTING. 1. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
OF THE ASSEMBLY. THE REPORT SHALL INCLUDE AN EVALUATION OF THE ASTHMA
REGISTRY AS IT RELATES TO TIMELINESS, QUALITY, AND COMPLETENESS; AN
EVALUATION OF THE UTILITY OF THE REGISTRY FOR SCIENTIFIC RESEARCH; AN
EVALUATION OF THE ACCESS, TIMELINESS, AND QUALITY OF REPORTING INFORMA-
TION TO RESEARCHERS AND OTHER SIMILAR INDIVIDUALS; AN EVALUATION OF THE
REGISTRY'S DATA ELEMENTS, INCLUDING TREATMENT, STAGE OF DISEASE, OCCUPA-
TION, AND RESIDENCE; AN EVALUATION OF THE FEASIBILITY AND UTILITY OF
INCLUSION OF OCCUPATIONAL HISTORY AND RESIDENCE HISTORY; AND AN EVALU-
ATION OF INTEGRATING THE REGISTRY WITH OTHER DATA BASES MAINTAINED BY
STATE AGENCIES AND DEPARTMENTS, INCLUDING THE STATEWIDE PLANNING AND
RESEARCH COOPERATIVE SYSTEM.
2. THE COMMISSIONER SHALL SUBMIT A QUARTERLY REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
THE QUARTERLY REPORT SHALL INCLUDE AN EVALUATION OF WHETHER THE REGISTRY
IS ACHIEVING ASTHMA REGISTRY GOALS ESTABLISHED BY A NATIONALLY RECOG-
A. 5778 3
NIZED ASTHMA REGISTRY ORGANIZATION, INCLUDING NUMERICAL GOALS CONCERNING
TIMELINESS, QUALITY, AND COMPLETENESS.
S 2499-D. ASTHMA; REPORTS CONFIDENTIAL. THE REPORTS OF ASTHMA CASES
MADE PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL NOT BE DIVULGED OR
MADE PUBLIC BY ANY PERSON SO AS TO DISCLOSE THE IDENTITY OF ANY PERSON
TO WHOM THEY RELATE, EXCEPT IN SO FAR AS MAY BE AUTHORIZED IN THE SANI-
TARY CODE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the commissioner of
health is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date.