senate Bill S3962A

2011-2012 Legislative Session

Establishes a task force on occupational wellness

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2012 print number 3962a
amend and recommit to health
Jan 04, 2012 referred to health
Mar 10, 2011 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S3962 - Bill Details

Current Committee:
Senate Health
Law Section:
Health
Versions Introduced in 2009-2010 Legislative Session:
S5051

S3962 - Bill Texts

view summary

Establishes a task force on occupational wellness to study and evaluate the existing health of the state's workforce and the potential benefits of implementing occupational wellness programs; provides such task force shall be within the department of health and shall consist of thirteen members.

view sponsor memo
BILL NUMBER:S3962

TITLE OF BILL:
An act
to establish a task force on occupational wellness and providing for
the repeal of such provisions upon expiration thereof

PURPOSE:
To provide for a task force to substantively undertake a study
of the subject of
occupational wellness as it relates to employees, employers,
the health care industry,
insurance premiums, best practices and other tangentially
related subjects akin.

SUMMARY OF PROVISIONS:
Section 1-- Details the legislative findings
and intent relative to the value and benefit of occupational wellness
programs to the overall health and well-being of individual employees
and to the associated business or corporate enterprise offering such
programs.

Section 2-- Creates a task force on occupational wellness within the
New York State Department of Health. specifies appointment power
relative to membership on the panel, including the requirement that
at least one member be a small business owner. Designates a member
from the Department of Health as the Director of the task force;
authorizes the commissioner of the Department of Health to assign
personnel to the task force.

Subsection 2 of Section 2 enumerates the primary research agenda for
the task force--To study and evaluate the existing state of
employees health and ascertain if their health can be improved by
employers implementing an occupational wellness program.

Subsection 3 of section 2 establishes the requirement that the task
force prepare a report on or before January 1, 2011 and share it with
governmental principals.

The report shall include information on occupational wellness
programs, specifically:

A. If such programs would be beneficial to the citizens of New York
state.

B. How such programs can be improved.

C. History of the concept, where and how it has worked,
costs and implications of such programs.

D. Creation of a blueprint of the best
practices of wellness, concrete steps to realize the concept in
practice.

JUSTIFICATION:
Occupational wellness programs have been undertaken by
major companies and organizations throughout the United States. The
conjoined subject of preventative health care is another issue that
is germinating into a major area of policymaking concern. There is
clear evidence of the direct benefit of occupational wellness
programs to the literal, physical and mental health of employees. In
addition, studies have shown that such programs have a tertiary
benefit to employers relative to job performance, health care and
insurance costs, and other synonymous factors. For more specific
information, see Senate Bill and corresponding memoranda concerning
S.3835 of 2005-2006.
It is quite clear that the entirety of New York State--individuals,
families, collectivities, proprietors, organizations, small
businesses, corporations, the health care and insurance industries,
the business climate--can all benefit from a substantive exposition of
the potential multicolinear paradigmatic panacea that is occupational
wellness.

LEGISLATIVE HISTORY:

Senate 2433 of 2007-08/REFERRED TO HEALTH
Senate 5051 of 2009-10/REFERRED TO HEALTH

FISCAL IMPLICATIONS:
None of note.

EFFECTIVE DATE:
On the 120th day after it shall have become law, with provisions.

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

                                  3962

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

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.
                                                           LBD10044-01-1

S. 3962                             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, 2013, 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,  2013 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.

S3962A (ACTIVE) - Bill Details

Current Committee:
Senate Health
Law Section:
Health
Versions Introduced in 2009-2010 Legislative Session:
S5051

S3962A (ACTIVE) - Bill Texts

view summary

Establishes a task force on occupational wellness to study and evaluate the existing health of the state's workforce and the potential benefits of implementing occupational wellness programs; provides such task force shall be within the department of health and shall consist of thirteen members.

view sponsor memo
BILL NUMBER:S3962A

TITLE OF BILL:
An act
to establish a task force on occupational wellness and providing for
the repeal of such provisions upon expiration thereof

PURPOSE:
To provide for a task force to substantively undertake a study
of the subject of
occupational wellness as it relates to employees, employers,
the health care industry,
insurance premiums, best practices and other
tangentially related subjects akin.

SUMMARY OF PROVISIONS:
Section 1 - Details the legislative findings
and intent relative to the value and benefit of occupational wellness
programs to the overall health and well-being of individual employees
and to the associated business or corporate enterprise offering such
programs.

Section 2 - Creates a task force on occupational wellness within the
New York State Department of Health. Specifies appointment power
relative to membership on the panel, including the requirement that
at least one member be a small business owner. Designates a member
from the Department of Health as the Director of the task force;
authorizes the Commissioner of the Department of Health to assign
personnel to the task force.

Subsection 2 of Section 2 enumerates the primary research agenda for
the task force--To study and evaluate the existing state of
employees health and ascertain if their health can be improved by
employers implementing an occupational wellness program.

Subsection 3 of Section 2 establishes the requirement that the task
force prepare a report on or before January 1, 2014 and share it with
governmental principals.

The report shall include information on occupational wellness
programs, specifically--

A. If such programs would be beneficial to the citizens of New York
State.

B. How such programs can be improved.

C. History of the concept, where and how it has worked, costs and
implications of such programs.

D. Creation of a blueprint of the best practices of wellness, concrete
steps to realize the concept in practice.

JUSTIFICATION:
Occupational wellness programs have been undertaken by
major companies and organizations throughout the United States. The


conjoined subject of preventative health care is another issue that
is germinating into a major area of policymaking concern. There is
clear evidence of the direct benefit of occupational wellness
programs to the literal, physical and mental health of employees. In
addition, studies have shown that such programs have a territory
benefit to employers relative to job performance, health care and
insurance costs, and other synonymous factors. For more specific
information, see Senate Bill and corresponding memoranda concerning
S.3835 of 2005 - 2006.
It is quite clear that the entirety of New York State-- individuals,
families, collectivities, proprietors, organizations, small
businesses, corporations, the health care and insurance industries,
the business climate -- can all benefit from a substantive exposition of
the potential multicolinear paradigmatic panacea that is occupational
wellness.

LEGISLATIVE HISTORY:

Senate 2433 of 2007-08/REFERRED TO HEALTH
Senate 5051 of 2009-10/REFERRED TO HEALTH
Senate 3962 of 2011-12/REFERRED TO HEALTH

FISCAL IMPLICATIONS:
None of note.

EFFECTIVE DATE:
On the 120th day after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3962--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10044-02-2

S. 3962--A                          2

have increased overall productivity,  economic  viability,  and  reduced
health care costs relative to employers.
  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, 2014, 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, 2014 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.

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