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

                                  5051

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

              

S. 5051                             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.