senate Bill S7115A

2011-2012 Legislative Session

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

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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
Jun 06, 2012 print number 7115b
amend and recommit to finance
Jun 05, 2012 reported and committed to finance
May 24, 2012 print number 7115a
amend (t) and recommit to health
Apr 30, 2012 referred to health

Votes

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Jun 5, 2012 - Health committee Vote

S7115A
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Health Committee Vote: Jun 5, 2012

aye wr (1)
excused (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S7115 - Bill Details

See Assembly Version of this Bill:
A10016A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; amd §3239, Ins L

S7115 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S7115

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,
including
certain respiratory diseases and obesity
within disease management demonstration
programs,
the reduction of emphysema, chronic
bronchitis and other chronic respiratory diseases in children,
directing the health research science board to study
respiratory diseases and obesity and
the adolescent pregnancy nutrition counseling 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 establish a comprehensive
inter-disciplinary program to combat 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, acute and
chronic adverse health conditions such as diabetes, chronic coronary
conditions, and respiratory illnesses caused by obesity conditions is
about to overtake those 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, this bill attempts to integrate activities conducted by the
Department of Health with other state agencies to better track areas
of the state that have high incidences of childhood obesity and
encourage health care facilities and health care providers to
identify and treat such conditions at an earlier time of a patient's
life. The Department of Financial Services will encourage health
insurers and their insureds to more actively participate in Wellness
Programs that combat the high incidence of adult and childhood
obesity. Further, altering the eating and exercise habits of parents
can have positive effects on the eating and exercise habits of their
children.

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.

Section 3: Amends Public Health Law section 2111 to expand the scope
of disease management demonstration programs administered by DOH to
enhance the quality and cost-effectiveness of care rendered to
Medicaid-eligible persons who do not participate in Medicaid Managed
Care who have chronic health problems. Under current law,
demonstration programs can include chronic conditions related to
congestive heart failure, chronic obstructive pulmonary disease,
asthma and diabetes. This provision expands the scope of
demonstration programs to include obesity, chronic bronchitis, and
other chronic respiratory diseases.

Section 4: Amends Public Health Law section 2599-b to expand the scope
of programs administered by DOH to reduce the incidence and
prevalence of obesity in children and adolescents, especially among
populations with high rates of obesity. Under current law, the
program looks to address obesity related health complications such as
diabetes, heart disease, cancer, osteoarthritis, and asthma. This
bill would expand such programs to include obesity-related health
complications such as chronic bronchitis, and other chronic
respiratory diseases.

In addition a new paragraph (h)is added to encourage DOH to coordinate
with the Education Department, Office of Temporary and Disability
Assistance, Office of Children and Family Services, and other
federal, state, and local agencies to incorporate strategies to
curtail the incidence of asthma, and chronic respiratory diseases to
enable adults and children to safely increase physical activity to
help curb the incidence of obesity.

Section 5: Amends Public Health Law section 2599-c to encourage the
Commissioners of Education and Agriculture & Markets and BOCES to
encourage the establishment of school based childhood obesity
prevention and physical activity programs.

Section 6: Amends Public Health Law section 2411 which relates to the
powers and duties of the Commissioner. This provision authorizes the
Commissioner to act in an advisory and supervisory capacity with
regard to the Health Research Science Board as it relates to
childhood obesity, asthma, and chronic bronchitis or other
respiratory diseases. Further it expands the jurisdiction of such
Board to research issues related to childhood obesity, asthma, and
other respiratory diseases in addition to already being authorized to
research breast, prostate or testicular cancer.

Section 7: Amends Public Health Law section 2500 (1) which relates to
the Commissioner's duties as it relates to maternal and child health
to also include childhood obesity.

Section 8: Amends Public Health Law section 2515 (2) that relates to
Adolescent Pregnancy Prevention and Services Program to add to
"services for eligible adolescents" vocational and education
counseling on pregnancy and child nutrition counseling for expectant
mothers to help curtail the incidence of childhood obesity.

Section 9: Amends Public Health Law section 2515-a(2) that relates to
the administration of community service project plans. The purpose of
these demonstration plans is to develop new methodologies to advance
the provision of health care that reduces adolescent pregnancy and
provide services to assist teenage mothers. These demonstration
programs tend to be located in geographical areas where there is a
high incidence of infant mortality and low income families. This
provision expands the demonstration program areas to also include
geographical areas that have low birth weight babies or childhood
Obesity.

Section 10: Amends Public Health Law section 2522 to empower the
Health Department to provide funds, if it deems appropriate, to
finance health and nutritional education and services to both parents
regarding childhood and adult obesity and asthma, and the prevention
or mitigation thereof.

Sections 11 and 12: 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.

JUSTIFICATION:
The growing prevalence of overweight and obese children is a crisis
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 prevalence of obesity among adults,
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 surpass 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, with provisions.

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

                                  7115

                            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

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, including certain respiratory  diseases  and  obesity  within
  disease management demonstration programs, the reduction of emphysema,
  chronic bronchitis and other chronic respiratory diseases in children,
  directing  the  health  research  science  board  to study respiratory
  diseases and obesity and the adolescent pregnancy nutrition counseling
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13426-13-2

S. 7115                             2

  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,
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. Subdivisions 2 and 4 of section 2111 of the public health law, as
added by section 21 of part C of chapter 58 of the  laws  of  2004,  are
amended to read as follows:
  2.  The  department  shall establish the criteria by which individuals
will be identified as  eligible  for  enrollment  in  the  demonstration
programs.    Persons  eligible  for enrollment in the disease management
demonstration program shall  be  limited  to  individuals  who:  receive
medical  assistance  pursuant  to  title  eleven  of article five of the
social services law and may be eligible for benefits pursuant  to  title
18 of the social security act (Medicare); are not enrolled in a Medicaid
managed  care  plan,  including  individuals who are not required or not
eligible to participate in Medicaid managed care  programs  pursuant  to
section three hundred sixty-four-j of the social services law; are diag-
nosed  with  chronic  health  problems as may be specified by the entity
undertaking the demonstration program, including, but not limited to one
or more of the following: congestive heart failure, chronic  obstructive
pulmonary disease, asthma, CHRONIC BRONCHITIS, OTHER CHRONIC RESPIRATORY
DISEASES, diabetes, ADULT AND CHILDHOOD OBESITY, or other chronic health
conditions as may be specified by the department; or have experienced or
are  likely  to experience one or more hospitalizations or are otherwise
expected to incur excessive costs and high utilization  of  health  care
services.
  4.  The  demonstration program shall offer evidence-based services and
interventions designed to ensure that the enrollees receive high  quali-
ty, preventative and cost-effective care, aimed at reducing the necessi-
ty  for hospitalization or emergency room care or at reducing lengths of
stay when hospitalization is necessary. The  demonstration  program  may
include  screening  of  eligible enrollees, developing an individualized
care management plan for  each  enrollee  and  implementing  that  plan.
Disease management demonstration programs that utilize information tech-
nology  systems  that allow for continuous application of evidence-based
guidelines to medical assistance claims data and other available data to
identify specific instances in which clinical interventions  are  justi-
fied  and communicate indicated interventions to physicians, health care
providers and/or patients, and monitor physician and health care provid-
er response to such interventions, shall have the enrollees,  or  groups
of enrollees, approved by the department for participation. The services
provided  by  the  demonstration  program as part of the care management
plan may include, but are not limited to, case management, social  work,
individualized  health  counselors, multi-behavioral goals plans, claims
data management, health and self-care education, drug therapy management

S. 7115                             3

and oversight, personal emergency response systems and other  monitoring
technologies,  SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR MONI-
TORING, telehealth services and similar services designed to improve the
quality and cost-effectiveness of health care services.
  S 4. Section 2599-b of the public health law, as amended by section 88
of  part  B  of  chapter  58  of the laws of 2005, is amended to read as
follows:
  S 2599-b. Program development.  1. The program shall  be  designed  to
prevent  and  reduce the incidence and prevalence of obesity in children
and adolescents, especially among populations with high rates of obesity
and obesity-related health complications including, but not limited  to,
diabetes,  heart  disease, cancer, osteoarthritis, asthma, CHRONIC BRON-
CHITIS, OTHER CHRONIC RESPIRATORY DISEASES  and  other  conditions.  The
program shall use recommendations and goals of the United States depart-
ments  of agriculture and health and human services, the surgeon general
and centers for disease control AND PREVENTION in developing and  imple-
menting   guidelines  for  nutrition  education  and  physical  activity
projects as part of obesity prevention efforts. The content  and  imple-
mentation  of  the  program  shall  stress  the  benefits  of choosing a
balanced, healthful diet from the many options available  to  consumers,
without  specifically  targeting  the elimination of any particular food
group, food product or food-related industry.
  2. The childhood obesity prevention program shall include, but not  be
limited to:
  (a)  developing  media health promotion campaigns targeted to children
and adolescents and their parents and caregivers that emphasize increas-
ing consumption of low-calorie, high-nutrient foods, decreasing consump-
tion of high-calorie, low-nutrient foods and increasing physical  activ-
ity designed to prevent or reduce obesity;
  (b)  establishing  school-based childhood obesity prevention nutrition
education and physical activity programs including programs described in
section twenty-five hundred ninety-nine-c of this article,  as  well  as
other  programs  with linkages to physical and health education courses,
and which utilize the school health index of  the  National  Center  for
Chronic  Disease  Prevention  and  Health  Promotion or other recognized
school health assessment PURSUANT TO ARTICLE NINETEEN OF  THE  EDUCATION
LAW;
  (c)  establishing  community-based childhood obesity prevention nutri-
tion education and physical activity programs including  programs  which
involve  parents  and caregivers, and which encourage communities, fami-
lies, child care and other settings to provide safe and  adequate  space
and  time for physical activity and encourage a healthy diet, AND CAN BE
IN COORDINATION WITH COUNTY COOPERATIVE EXTENSION  PROGRAMS  ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-B OF THE COUNTY LAW;
  (d)  coordinating  with  the state education department, department of
agriculture and markets, office of parks, recreation and historic  pres-
ervation, office of temporary and disability assistance, office of chil-
dren  and family services and other federal, state and local agencies to
incorporate strategies to prevent  and  reduce  childhood  obesity  into
government food assistance, health, education and recreation programs;
  (e)  sponsoring  periodic  conferences  or  meetings to bring together
experts in nutrition, exercise, public health, mental health, education,
parenting, media, food marketing, food security, agriculture,  community
planning  and  other  disciplines to examine societal-based solutions to
the problem of childhood obesity and issue  guidelines  and  recommenda-
tions for New York state policy and programs;

S. 7115                             4

  (f)  developing training programs for medical and other health profes-
sionals to teach practical skills in nutrition and exercise education to
children and their parents and caregivers; [and]
  (g)  developing  screening  programs  in coordination with health care
providers and institutions including but not limited to day care centers
and schools for overweight and obesity for  children  aged  two  through
eighteen  years,  using  body  mass  index (BMI) appropriate for age and
gender, and notification, in a manner protecting the confidentiality  of
such children and their families, of parents of BMI status, and explana-
tion  of  the consequences of such status, including recommended actions
parents may need to take and information about resources  and  referrals
available  to  families  to  enhance  nutrition and physical activity to
reduce and prevent obesity[.]; AND
  (H) COORDINATING WITH THE EDUCATION DEPARTMENT,  OFFICE  OF  TEMPORARY
AND  DISABILITY  ASSISTANCE,  OFFICE OF CHILDREN AND FAMILY SERVICES AND
OTHER FEDERAL, STATE AND LOCAL AGENCIES  TO  INCORPORATE  STRATEGIES  TO
CURTAIL  THE  INCIDENCE  OF ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC
RESPIRATORY DISEASES TO ENABLE ADULTS AND CHILDREN  TO  SAFELY  INCREASE
PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY.
  3. The department, IN COOPERATION WITH THE EDUCATION DEPARTMENT, shall
periodically  collect  and  analyze information from schools, health and
nutrition programs and other sources  to  determine  the  prevalence  of
childhood  obesity  in  New  York  state, and to evaluate, to the extent
possible, the effectiveness of the childhood obesity prevention program.
  S 5. The opening paragraph of section 2599-c of the public health law,
as amended by section 88 of part B of chapter 58 of the laws of 2005, is
amended to read as follows:
  The commissioner, IN COOPERATION WITH THE COMMISSIONERS  OF  EDUCATION
AND AGRICULTURE AND MARKETS, AND COUNTY BOARDS OF COOPERATIVE EXTENSION,
shall  encourage  the  establishment  of  school-based childhood obesity
prevention and physical activity programs that promote:
  S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section  2411  of
the  public  health  law, as amended by chapter 219 of the laws of 1997,
are amended to read as follows:
  (a) Survey state agencies, boards, programs and  other  state  govern-
mental  entities  to  assess  what, if any, relevant data has been or is
being collected which may be of use to researchers  engaged  in  breast,
prostate  or testicular cancer research, OR ADULT AND CHILDHOOD OBESITY,
ASTHMA,  CHRONIC  BRONCHITIS  OR  OTHER  CHRONIC   RESPIRATORY   DISEASE
RESEARCH;
  (b)  Consistent with the survey conducted pursuant to paragraph (a) of
this subdivision, compile a list of data  collected  by  state  agencies
which may be of assistance to researchers engaged in breast, prostate or
testicular cancer research as established in section twenty-four hundred
twelve  of  this title, AND ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC
BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
  (c) Consult with the Centers for Disease Control and  Prevention,  the
National Institutes of Health, the Federal Agency For Health Care Policy
and  Research,  the National Academy of Sciences and other organizations
or entities which may be involved in cancer  research  to  solicit  both
information  regarding  breast,  prostate and testicular cancer research
projects, AND ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR
OTHER CHRONIC RESPIRATORY DISEASE RESEARCH PROJECTS that  are  currently
being conducted and recommendations for future research projects;

S. 7115                             5

  S  7.  Subdivision  1  of  section  2500  of the public health law, as
amended by chapter 822 of the laws  of  1987,  is  amended  to  read  as
follows:
  1. The commissioner shall act in an advisory and supervisory capacity,
in  matters pertaining to the safeguarding of motherhood, the prevention
of maternal, perinatal, infant and child mortality,  the  prevention  of
diseases,  low birth weight, CHILDHOOD OBESITY, and defects of childhood
and the promotion of maternal, prenatal and child health, including care
in hospitals, and shall administer such services bearing on  the  health
of  mothers  and children for which funds are or shall hereafter be made
available.
  S 8. Subdivision 2 of section 2515 of the public health law, as  added
by section 20 of part A of chapter 58 of the laws of 2008, is amended to
read as follows:
  2. "Services for eligible adolescents" means those services, including
but  not  limited  to: vocational and educational counseling, job skills
training, family life and parenting education, life skills  development,
coordination, case management, primary preventive health care, PREGNANCY
AND  CHILD  NUTRITION COUNSELING FOR EXPECTANT MOTHERS TO CURB THE INCI-
DENCE OF CHILDHOOD OBESITY, family  planning,  social  and  recreational
programs, child care, outreach and advocacy, follow-up on service utili-
zation, crisis intervention, and efforts to stimulate community interest
and involvement.
  S  9.  Paragraph  (c) of subdivision 2 of section 2515-a of the public
health law, as added by section 20 of part A of chapter 58 of  the  laws
of 2008, is amended to read as follows:
  (c)  serve  a geographic area where the incidence of infant mortality,
LOW BIRTH WEIGHT INFANTS, CHILDHOOD OBESITY and the prevalence  of  low-
income  families are high and where the availability or accessibility of
services for eligible adolescents is low;
  S 10. Subdivision (b) of section 2522 of the  public  health  law,  as
amended  by chapter 484 of the laws of 2009, is amended and a new subdi-
vision (e-1) is added to read as follows:
  (b) promotion of community awareness of the benefits TO THE MOTHER AND
CHILD of preconception health and early and continuous prenatal care;
  (E-1) HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH  PARENTS,
REGARDING  CHILDHOOD AND ADULT OBESITY AND ASTHMA, AND THE PREVENTION OR
MITIGATION THEREOF;
  S 11. 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 12. 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

S. 7115                             6

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 13. 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.

S7115A - Bill Details

See Assembly Version of this Bill:
A10016A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; amd §3239, Ins L

S7115A - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

S7115B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10016A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; amd §3239, Ins L

S7115B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7115B

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 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 8.6423 (Klein) that contains a more comprehensive expansion
of obesity programs to combat obesity in adults and children.

EFFECTIVE DATE:

Immediately.

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

                                 7115--B

                            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  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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, EDUCATORS,
INCLUDING BUT NOT LIMITED TO 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 EDUCATORS, INCLUDING BUT
NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS free of  charge
as appropriate or for a fee under certain circumstances. The commission-
er  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13426-18-2

S. 7115--B                          2

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,
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.

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