senate Bill S2374A

2013-2014 Legislative Session

Enacts the "omnibus obesity and respiratory illness reduction act"

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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 24, 2014 print number 2374a
amend (t) and recommit to agriculture
Jan 08, 2014 referred to agriculture
Jan 16, 2013 referred to agriculture

Bill Amendments

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A (Active)
Original
A (Active)

Co-Sponsors

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S2374 - Bill Details

See Assembly Version of this Bill:
A5322A
Current Committee:
Senate Agriculture
Law Section:
Public Health Law
Laws Affected:
Amd Ag & Mkts L, generally; amd Ed L, generally; amd Pub Health L, generally; add §235-h, RP L; add §91-h, St Fin L; amd §3239, Ins L; amd §§366, 390 & 390-a, Soc Serv L; amd §224-b, County L
Versions Introduced in 2011-2012 Legislative Session:
S6423A, A9394, A9394A

S2374 - Bill Texts

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Enacts the "omnibus obesity and respiratory illness reduction act"; establishes a community gardens task force and provides for direct marketing of fresh vegetables and fruits in areas with a high incidence of adult and child obesity; provides for the screening for childhood obesity by elementary and secondary schools and promotes the availability of certain healthy foods and beverages; provides for the regulation of the use of trans fats and requires the provision of nutritional information by food service facilities; restricts the sale, lease, transfer or authorization of open-air schoolhouse playgrounds for certain uses; requires instruction in schools on good health practices; includes certain respiratory diseases and obesity in disease management demonstration programs; enacts provisions to reduce the incidence of certain respiratory diseases; enacts provisions to prevent in-utero exposure to tobacco smoke; provides for the use of inhalers and nebulizers by certain students; provides for residential real property smoking policies; adds weight control and schools to the health care and wellness education and outreach program; expands the collection and reporting of data on obesity in the state; directs the health research science board to study obesity and respiratory diseases; provides for expanded obesity prevention and screening; expands ease of breast feeding in child day care centers and at work; provides for nutrition counseling to pregnant teenagers; establishes the obesity and respiratory disease research and education fund; includes weight management and physical fitness in wellness programs; provides for health and nutritional education and services to teen parents; requires day care centers to provide healthy foods and exercise; directs cooperative extension to offer obesity and respiratory disease prevention programs.

view sponsor memo
BILL NUMBER:S2374

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to combating the
incidence of adult and child obesity, establishing a community gardens
task force and encouraging
direct marketing of fresh fruits and vegetables in areas
with a high incidence of adult and child obesity (Part A); to amend the
education law, in relation to screening for childhood obesity and
promotion of the availability of certain foods and beverages
in schools
(Part B); to amend the public health law, in relation to regulating the
use of artificial trans fats and requiring food service facilities
to post
or provide nutritional information on the food products served, and
the
inclusion of weight control in the health care and wellness education
and outreach program (Part C);
to amend the education law, in relation to restricting the sale, lease,
transfer or authorization of open-air schoolhouse playgrounds for
certain uses (Part D); to amend the education law, in relation to
instruction in good health and reducing the incidence of obesity (Part
E);
to
amend the public health law, in relation to in-utero exposure to tobacco
smoke prevention (Part F);
to amend the public health law, in relation to including
certain respiratory diseases and obesity
within disease management demonstration
programs (Part G);
to amend the public
health law, in relation to the reduction of emphysema, chronic
bronchitis and other chronic respiratory diseases in children (Part H);
to amend the
public health law, in relation to the collection and reporting of
obesity data (Part I); to amend the public health law, in relation to
directing the health research science board to study respiratory
diseases and obesity, and childhood obesity prevention and screening
(Part J); to amend the public health law, in relation to breastfeeding
of infants and the adolescent pregnancy nutrition counseling program
(Part K);
to amend the education law, in relation to the use of inhalers and
nebulizers (Part L);
to amend the real property law, in relation
to residential rental property smoking policies (Part M); to amend the
state
finance law, in relation to establishing the obesity and respiratory
disease research and education fund (Part N); to amend the insurance
law, in relation to wellness programs (Part O); to amend the social
services law, in relation to health and nutritional education and
services and child day care facilities; and to amend the county law, in
relation to the Cornell cooperative extension system relating to adult
and childhood obesity, asthma, and respiratory illness prevention (Part
P)


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 hill attempts to better integrate
current programs and laws that relate to combating childhood obesity.

Further, this bill attempts to integrate activities to be conducted
by: A) the Department of Agriculture and Markets to facilitate the
increased availability and affordability of locally produced fresh
produce to areas of the state that have a high incidence of childhood
obesity. Such initiatives to increase the volume, availability and
consumption of more fresh produce in at-risk targeted areas that have
a high incidence of obese individuals could be supplied by locally
producing community gardens and by the shipment of fresh produce by
commercial growers into such targeted areas. The rational being that
increasing the availability of fresh fruits and vegetables to
underserved areas will increase the consumption of such foods because
they are tastier and more likely to be consumed by at-risk populations.

B) the Education Department to better educate students and parents on
the important economic and health reasons for consuming a balanced
and nutritious diet. In addition to teaching such subjects in Health
class, the scientific reasons for the importance of having a balanced
diet should be presented in science classes such as biology and
chemistry. Further, the Department will more actively provide for
more opportunities for physical recreational activities to foster
physical fitness and create an environment so that students are more
capable to learn because they have "burned off" energy during recess,

C) the Department of Health will be encouraged 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.

D) the Insurance Department, 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,

E) the Office of Children and Family Services with regard to its
regulatory powers over the provision of child care by child day care
centers should become more proactive in encouraging such centers to
provide more low calorie foods to children and encourage more
physical activity. In addition, help to increase the awareness of the
problem of childhood obesity by teenage mothers will go a long way to
help reduce the incidence of childhood obesity, and


E) better integrate the work of the Departments of Agriculture &
Markets, Education, and Health, and the Office of Children & Family
Services with activities conducted by local volunteer groups, health
care providers, local governments, schools and cooperative Extension
Services.

SUMMARY OF PROVISIONS:
This bill is a comprehensive inter-disciplinary approach to address
the high incidence of childhood obesity in New York State. Further,
this bill amends many sections of law, so it is broken down into
Parts A through P, depending on the laws to be amended.

PART A:

Section 1: Amends Agriculture & Markets Law (Ag. & Markets Law)
Section 3 to expand the Declaration of Policy and purposes of the
Department to improve the overall health of New yorkers and to help
combat the increasing incidence of adult and childhood obesity. The
Department already is charged with the duty to encourage the
production of fresh farm products in this State, this provision
merely encourages the Department to also encourage the consumption of
such products by persons who are obese and in those areas of the
State that have a high incidence of childhood obesity.

Section 2: Amends Ag. & Markets Law section 16 (5-b) which outlines
the General powers and Duties of the Department to also cooperate
with the Health Department in implementing the Childhood Obesity
Program pursuant to Article 25 of the public Health Law (PHL) and
with the Commissioner of Education to encourage the production and
consumption of fresh locally produced fruits and vegetables by
primary and secondary school students to help combat the increasing
incidence of childhood obesity. In addition, the Department is to
cooperate with other federal, state and local agencies to encourage
the expansion of community gardens so as to increase the availability
and affordability of locally grown produce, to help combat adult and
childhood obesity, especially in areas of the state that have a high
incidence of obesity.

Section 3: Adds a new Ag. & Markets Law section 31-f to establish
legislative findings that community gardens provide significant
health, educational, and social benefits to the general public,
especially for those who reside in urban and suburban areas of this
State. Community gardens help to provide low cost nutritious and
fresh foods to the general public, especially to the disadvantaged
and poor; promotes health and healthier lifestyles by encouraging
better eating habits and increased physical activity, fosters the
retention of open spaces in urban areas of our state's cities and
villages, provides inexpensive community building activities, helps
to reduce the incidence of crime, and engenders a closer relationship
between urban residents and nature and their local environment. This
provision is needed so that the Office of Community Gardens has a
mission statement so that it can more effectively work with other
federal, state, and local agencies to help promote the concept of
community gardens and do what it can to help combat the high
incidence of childhood and adult obesity.


Section 4: Amends Ag. & Markets Law section 31-g to expand the duties
of the Office of Community Gardens. In the definitional section, it
expands what types of activities are considered to be "garden"
activities, expands the definition of "municipality", and adds a new
definition for "state agency" to reduce the verbiage in this Article
2-C.

Section 5: Amend Ag. & Markets Law section 31-h to expand the number
of activities that the Office of Community Gardens may engage in if
they choose to do so. Among the new types of activities that the
Office may participate in, if the Office wishes to do so, are the
following:

-To assist groups that wish to establish community gardens, the Office
can help to develop a single recommended application form to request
a state agency or municipality to use certain vacant lands for
community garden purposes.

-assist community garden groups in their activities and encourage the
better coordination of activities between such groups and school
garden programs and local voluntary food assistance programs, such as
food pantry's and soup kitchens that provide food for the poor and
disadvantaged, hospitals, other health care facilities, and
educational facilities.

- encourage better communication between and sharing of resources
between community garden groups and the New York Kids Week Program
provided for under the Ag. & Markets Law, and individual
farm-to-school and school garden programs. The purpose of this
section is to make a better connection between the activities of
community gardens and the educational activities of existing school
programs, if such schools wish to do so.

-support efforts by the Departments of Health and Education to combat
the high incidence of adult and childhood obesity by encouraging the
consumption of community garden produced fruits and vegetables.

Section 6: Amend Ag. & Markets Law section 31-i to include municipal
vacant land in addition to state agency controlled vacant land to be
used for community gardens.

Section 7: Adds Ag. & Markets Law section 31-j to allow the Office of
Community Gardens, at their own option, to convene a Community
Gardens Task Force if authorized by the commissioner of Ag. &
Markets. The membership of the Task Force must be no more than 25
members. Further the Task Force can utilize the opinions of various
state agencies such as education, health, environmental conservation,
corrections, and the office of state parks. In addition, the various
state-wide municipal associations can have input into the activities
of the task force. The task force is to look into encouraging the
establishment and expansion of community gardens, encourage
cooperation between community gardens and voluntary food assistance
programs, and increase the benefits provided by community gardens.

Section 8: Amends Ag & Markets Law section 281, the Declaration of
Legislative Findings for Article 23, which relates to the
Department's powers to encourage the direct marketing of New York


agricultural products. This provision encourages the Department to
also help to encourage the consumption of such locally produced
products in a manner that helps to combat the high incidence of adult
and childhood obesity.

Section 9: Amends Ag. & Markets Law section 283 (5) and creates a new
(8-a) which relates to the Department's powers and duties to promote
the direct sale of farm and food products produced in New York to
increase
the supply of fresh wholesome foods that can be obtained more
inexpensively. Doing so, may help to increase the consumption of
foods that can help to combat the high incidence of childhood
obesity. Under this provision, the Department is encouraged to
develop direct marketing programs for the provision of fresh fruits
and vegetables in areas designated by DOH as having a high incidence
of childhood obesity.

Section 10: Effective date.
This Part shall take effect immediately.

PART B:

Section 1: Amends Education Law section 901 which relates to school
health services to be provided. This section expands the types of
services that can be provided by school health services to include
examining students for the existence, in addition to diseases or
disabilities, to include childhood obesity as defined pursuant to
existing Education Law standards contained in section 904.

Section 2: Amends Education Law section 903 to add that school health
exams may include a diabetes risk analysis if such child has risk
factors for type 1 or type 2 diabetes, such as obesity, family
history of type 2 diabetes, or other factors that heighten the risk
of diabetes.
section 3: Amends Education Law section 904 which relates to
examinations by health appraisal to include obesity.

Section 4: Amends Education Law section 912 which relates to health
and welfare services to all children, may also include childhood
obesity screening.

Section 5: Amends Education Law section 918 (4)and(5)which relates to
the formation of school district nutrition advisory committees. Under
this provision, such advisory committees can study and make
recommendations on current nutritional policies of the school
district to reduce the incidence of childhood obesity. Further, such
advisory committees can make recommendations on educational
information that can be provided to parents and guardians of students
regarding healthy nutrition and health risks associated with asthma,
chronic bronchitis, and other chronic respiratory diseases. Provided
further, make recommendations to teachers and other staff as to the
dangers of childhood obesity.

Section 6: This Part B shall take effect 2 years after it shall have
become law.

PART C:


Section 1: Amends Public Health Law section 206 (1) which relates to
the general powers and duties of the Commissioner of Health. This
provision adds a new subdivision to authorize that the Department of
Health may promulgate rules and regulations to restrict the use of
artificial trans fats in the preparation of certain foods served by
food service establishments that offer the immediate sale of food to
the general public. Foods that DOH could regulate that have trans fat
include those prepared foods that contain vegetable shortening,
margarine, or partially hydro-genated
vegetable oil in quantities above .5 grams per serving. Such
regulations cannot apply to foods that are served to the public in
packages sealed by the manufacturer. Further such regulations cannot
apply to the City of New York or any other municipality that has
adopted a local law to regulate such products. This bill provision
does not mandate DOH to promulgate such rules, but establishes a
framework should the Department deem it appropriate to promulgate
such regulations.

This section also authorizes DOH to mandate that food service
establishments may require that warning signs be placed in such
establishments to inform the public about the health risks associated
with the over consumption of foods made with artificial trans fats.

This section also authorizes DOH to establish a voluntary artificial
trans fat reduction or program. Such a program can include a public
information dissemination program to inform the public about the
health risks associated with the over consumption of foods that have
significant amounts of artificial trans fats.

This section also authorizes DOH to require chain owned food service
establishments that have over 25 sites to disclose on their product
offerings the total number of calories, grams of carbohydrates,
saturated fats, and milligrams of sodium contained in each food
offered for sale at such establishment. Such information may, in the
discretion of the Department, be offered to the public upon request.

Section 2: 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 3: 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 4: This Part C shall take effect one year after this bill
shall have become law.

PART D:

Section 1: Amends Education Law section 2556(5) to add a new sentence
to encourage certain secondary and primary schools in New York City
to provide for other types of recreational play spaces if existing


playgrounds are subsequently used for school construction or siting
of temporary classroom units. Under current law, Section 2556(5)
requires open-air playgrounds be attached to all schoolhouses
constructed in the city of New York. The purpose of this provision is
to encourage the retention of adequate outdoor playground space for
New York City school children. Further, that if existing playgrounds
are sold, leased, transferred or used for school building
construction in a way that eliminates such playground space, that the
school establish a plan to secure suitable and adequate playground
space for the physical recreation needs of such pupils.

PART E:

Section 1: Amends Education Law section 803 (1) and (5) which relates
to the instruction of physical education in all elementary and
secondary schools to foster the increased overall physical fitness
and good health of its students and to foster a reduction in the
incidence of childhood obesity. Further, it encourages the regents to
ensure that all students in elementary and secondary schools have
daily physical activity to increase their physical wellbeing and to
increase their ability to absorb what is being taught in school.

Section 2: Amends Education Law section 804(1) to alter the material
taught in health, physical education, and appropriate science classes
to include information on the health risks associated with childhood
obesity and ways to combat the incidence of childhood obesity.

Section 3: Amends Education Law section 804-a which relates to the
comprehensive School Health Education Demonstration Program. These
demonstration programs can be established by individual schools for
the development, implementation, evaluation, validation, and
replication of exemplary comprehensive health education programs.
This bill expands this demonstration program to include conveying
knowledge to students on a host of social conditions to include in
addition to adolescent pregnancy, alcohol abuse, truancy, suicide,
and substance abuse to also include obesity, asthma, or other
chronic respiratory diseases.

Section 4: Amends Education Law section 813 to ensure that during a
primary and secondary student's lunch period that ample time is
devoted so that such student can consume his lunch and have time to
engage in physical exercise or recreation.

PART F:

Section 1: Adds a new Article 13-I to the Public Health Law to
establish a program to prevent in-utero exposure to tobacco smoke.
Under this program, health care providers, health insurers, and
pregnancy programs shall distribute information on the adverse
effects of smoking during pregnancy, both first hand and second hand
smoke. In-utero exposure to tobacco smoke leads to lower birth rates,
higher incidences of asthma and childhood obesity, and can lead to
cognitive and developmental damage to the child. Under this article,
individualized smoking cessation programs would be established to
help increase the success rates for mothers who smoke tobacco or live
in households where others smoke tobacco. This program will help to
reduce the incidence of asthma.


Section 2: The effective date for this provision is 180 days after it
shall have become law.

PART G:

Section 1: 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.

PART H:

Section 1: 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 2: Amends Public Health Law section 2599-c that relates to the
Department's role in encouraging more school-based childhood obesity
prevention and physical activity programs. This bill adds that the
Department in advancing school-based childhood obesity prevention and
physical activity programs should cooperate with the Commissioners of
Agriculture & Markets and Education, and county boards of cooperative
extension.

PART I:

Section 1: Amends Public Health Law section 263 that relates to an
already authorized obesity study. This provision cross references a
new Public Health Law section 2500-k and the information received
from the childhood obesity prevention and screening program
established pursuant to that section of the law.

PART J:

Section 1: 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 2: 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 3: Amends Public Health Law section 2500-k to establish a
childhood obesity prevention and screening program. This provision
authorizes the Department to establish a childhood obesity prevention
and screening
program so that trends may be ascertained with regard to the incidence
and location of populations that have childhood obesity conditions.
This research information may be shared with hospitals that provide
obstetric services and pediatric primary care providers. Ultimately,
this information can be used to review and improve quality of care
provided by such health care providers.

PART K:

Section 1: Amends Public Health Law section 2505-a to add child day
care facilities to the list of facilities that must post the
"statement of rights of breast feeding mothers". The goal of this
provision is to disseminate the statement of rights of breastfeeding
mothers to places where such mothers may frequent. Studies have shown
that encouraging the breast feeding of children reduces the risk that
such infants become obese later on in life.

Section 2: Amends Public Health Law section 2505, which relates to the
general powers of the Commissioner to regulate the collection,
storage and distribution of human breast milk. This provision
authorizes the Commissioner to adopt regulations or guidelines to
encourage and facilitate employers and child day care centers to
establish environments that do not discourage the practice of breast
feeding.

Section 3: 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 4: 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 5: 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.

PART L:

Section 1: Amends Education Law section 916 to expand the number of
students who can have and use an inhaler at school to maintain
appropriate airflow to their lungs or suppress an asthmatic attack.
The medical community maintains that it is better to monitor and
address those who are susceptible to asthma conditions and treat such
conditions before an asthmatic attack occurs, This bill increases the
number of persons who can have and use an inhaler at school to
include not only those who have a "severe asthmatic condition", to
also include those who have a "moder-
ately severe asthmatic condition" or have other potentially
life-threatening respiratory illnesses".

Section 2: Adds a new Education Law section 921 to authorize school
districts to posses and use nebulizers for those students that need
such treatments. As the number and severity asthma attacks increases
in the student body, it is important that such students have access
not only to their inhalers, but nebulizers as well. The bill provides
safeguards to ensure that only students that have a physician's
treatment plan can use such nebulizers on school grounds. Further,
such nebulizer treatment must be monitored by the school nurse or
other person authorized by regulation.
The underlying justification to enact the provisions of Part I is that
if students are not able to engage in physical activity because of
restricted breathing patterns and asthma, any treatment that
encourages such students to maintain physical activity may help to
reduce the incidence of childhood obesity.

PART M:

Section 1: Adds Real Property Law section 235-h to require that every
rental agreement for an apartment in a building that has four units
or more must disclose the smoking policy of such building. The
landlord is still free to either fully ban, partially ban, or
generally permit smoking in such building's apartments and common
areas. It is the purpose of this section to encourage landlords to
think about the building's smoking policy and to give tenants notice
of such policies. This in turn may encourage non-smoker tenants to
seek out apartment buildings that have a no smoking policy and
encourage landlords to at least minimize smoke exposure to those
tenants who do not smoke to increase the marketability of their
apartments. While this bill is a comprehensive bill to address adult
and childhood obesity issues, there is a correlation between those
who are exposed, either voluntary or otherwise, to first and second
hand tobacco smoke, and asthma and the incidence of obesity. It would
be difficult to address obesity and asthma issues without looking at
the incidence of tobacco smoking and exposing, particularly children,
to such conditions that can trigger asthma attacks and increase the
incidence of obesity conditions generally because


children are not able to conduct physical activity to maintain a
proper weight.

PART N:

Section 1: Adds a new State Finance Law section 91-h to establish the
Obesity and Respiratory Disease Research Fund. This fund is
established to support the financing of projects and research
provided for in PHL sections 2411, 2500, and 2500-k.

PART O:

Sections 1 and 2: 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.

PART P:

Section 1: Amends Social Services Law sections 366(4) to encourage
both parents to obtain health and nutritional education and services
regarding childhood and adult obesity, asthma, and the mitigation
thereof.

Section 2: Amends Social Services Law section 390(2-a) to authorize
the Office of Children and Family Services may promulgate rules and
regulations on appropriate physical activity, nutritional offerings,
and low calorie foods and beverages to lower the incidence of
childhood obesity for child day care homes, programs, and facilities.

Section 3: Amends Social Services Law.section 390-a to prohibit any
family day care home, group family day care home, or school age child
care program or child day care center to discriminate against any
child who is breast fed or who is fed with expressed breast milk.

Section 4: Amends County Law section 224-b to authorize cooperative
extension services to provide in a coordinated manner a local or
statewide program specialist that relates to adult and childhood
obesity, asthma, or chronic respiratory illness prevention.

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 7090- 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.

The provisions of this bill are derived from a report by the
Independent Democratic Conference entitled "Childhood Obesity:
Mitigation and Prevention in the State of New York". This report
outlines the trends of the increasing incidence of childhood obesity,
some of the causes of this increase, and suggested courses of action
that can be taken to help reduce this ever increasing public health
problem. 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:
2012 - S. 6423 - Referred to Agriculture

EFFECTIVE DATE:
See relevant sections at the end of each Part of this bill.

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

                                  2374

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, ADDABBO, CARLUCCI, HANNON, HASSELL-THOMPSON,
  PARKER, SAVINO, STAVISKY -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to combat-
  ing the incidence of adult and child obesity, establishing a community
  gardens task force and encouraging direct marketing  of  fresh  fruits
  and  vegetables  in  areas  with  a  high incidence of adult and child
  obesity (Part A); to amend the education law, in relation to screening
  for childhood obesity and promotion of  the  availability  of  certain
  foods  and  beverages  in schools (Part B); to amend the public health
  law, in relation to regulating the use of artificial  trans  fats  and
  requiring  food  service  facilities  to  post  or provide nutritional
  information on the food products served, and the inclusion  of  weight
  control in the health care and wellness education and outreach program
  (Part  C);  to amend the education law, in relation to restricting the
  sale, lease, transfer or authorization of open-air  schoolhouse  play-
  grounds  for  certain  uses  (Part  D); to amend the education law, in
  relation to instruction in good health and reducing the  incidence  of
  obesity  (Part  E);  to  amend  the  public health law, in relation to
  in-utero exposure to tobacco smoke prevention (Part F); to  amend  the
  public  health  law,  in  relation  to  including  certain respiratory
  diseases and obesity within disease management demonstration  programs
  (Part G); to amend the public health law, in relation to the reduction
  of   emphysema,  chronic  bronchitis  and  other  chronic  respiratory
  diseases in children (Part H); to amend  the  public  health  law,  in
  relation  to the collection and reporting of obesity data (Part I); to
  amend the public health law,  in  relation  to  directing  the  health
  research  science board to study respiratory diseases and obesity, and
  childhood obesity prevention and screening  (Part  J);  to  amend  the
  public  health  law,  in  relation to breastfeeding of infants and the
  adolescent pregnancy nutrition counseling program (Part K);  to  amend
  the  education  law, in relation to the use of inhalers and nebulizers
  (Part L); to amend the real property law, in relation  to  residential
  rental  property smoking policies (Part M); to amend the state finance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06771-01-3

S. 2374                             2

  law, in relation to establishing the obesity and  respiratory  disease
  research  and  education fund (Part N); to amend the insurance law, in
  relation to wellness programs (Part O); to amend the  social  services
  law,  in relation to health and nutritional education and services and
  child day care facilities; and to amend the county law, in relation to
  the Cornell cooperative extension system relating to adult and  child-
  hood obesity, asthma, and respiratory illness prevention (Part P)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "omnibus obesity and respiratory illness reduction act".
  S  2.  This  act enacts into law major components of legislation which
combat  the  incidence  of  adult  and  child  obesity  and  respiratory
diseases,  and  encourage the production and consumption of fresh fruits
and vegetables. Each component is wholly contained within a Part identi-
fied as Parts A through  P.  The  effective  date  for  each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is found.   Section four of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 3 of the agriculture and markets law, as amended by
chapter 651 of the laws of 1946, is amended to read as follows:
  S 3. Declaration of policy and purposes.  The agricultural industry is
basic to the life of our state. It  vitally  concerns  and  affects  the
welfare, health, economic well-being and productive and industrial capa-
bilities  of  all  our people. It is the policy and duty of the state to
promote, foster, and encourage the agricultural  industry,  with  proper
standards  of  living for those engaged therein; to design and establish
long-range programs for its stabilization and profitable  operation;  to
increase  through education, research, regulation, and scientific means,
the quantity, quality, and efficiency of its production; to improve  its
marketing system; to encourage adequate and skilled assistance for agri-
cultural  enterprises; to maintain at fair prices uncontrolled by specu-
lation the instrumentalities and  products  of  agriculture;  to  remove
unnecessary  or unfair costs and obstacles in the [transporation] TRANS-
PORTATION, storage, processing, distribution,  marketing,  and  sale  of
agricultural  products;  to  prevent  frauds  in the traffic therein; to
promote an expanded demand for the state's agricultural products and the
intelligent uses thereof by consumers as pure  and  wholesome  food;  to
protect  the  public health and to eliminate the evils of under-nourish-
ment; to encourage the selection and consumption of  food  according  to
sound dietary and nutritional principles; TO IMPROVE OUR CITIZENS' OVER-
ALL HEALTH AND TO COMBAT THE INCREASING INCIDENCE OF ADULT AND CHILDHOOD
OBESITY; and to make our people conscious of the bond of mutual self-in-
terest between our urban and our rural populations.
  Accordingly, all laws enacted concerning the agricultural industry and
its  allied subjects, whether included in this chapter or not, are to be

S. 2374                             3

deemed an exercise of the police power of the state and a  discharge  of
its  obligations for the promotion of the general welfare through state-
wide laws and regulations, local initiative and government,  cooperative
action  between  groups  and  localities, home-rule measures, individual
enterprise, civic consciousness, and appropriate coordination  with  the
federal  government  and  as  between  educational research institutions
within the state.
  Such laws and  all  governmental  measures  adopted  pursuant  thereto
should  receive  a liberal interpretation and application in furtherance
of the aforesaid policy and purposes.
  S 2. Subdivision 5-b of section 16 of the agriculture and markets law,
as added by chapter 2 of the  laws  of  2001,  is  amended  to  read  as
follows:
  5-b. (A) Establish, in cooperation with the commissioner of education,
a  farm-to-school  program to facilitate and promote the purchase of New
York farm products by schools, universities and other educational insti-
tutions under the jurisdiction of the education department. The  depart-
ment  shall  solicit information from the education department regarding
school  districts  and  other  educational  institutions  interested  in
purchasing  New  York  farm  products, including but not limited to, the
type and amount of such products schools wish to purchase and  the  name
of  the  appropriate contact person from the interested school district.
The department shall make this information readily available  to  inter-
ested  New  York  farmers, farm organizations and businesses that market
New York farm products. The department shall provide information to  the
education  department  and  interested school districts and other educa-
tional institutions about the availability of New  York  farm  products,
including  but not limited to, the types and amount of products, and the
names and contact information of farmers, farm organizations  and  busi-
nesses  marketing  such  products.  The commissioner shall report to the
legislature on the need for changes in law to facilitate  the  purchases
of such products by schools and educational institutions.
  The  department  shall  also coordinate with the education department,
and school food service, education,  health  and  nutrition,  farm,  and
other  interested  organizations in establishing a promotional event, to
be known as New York Harvest For New York Kids Week,  in  early  October
each  year, that will promote New York agriculture and foods to children
through school meal programs and the classroom, at  farms  and  farmers'
markets and other locations in the community.
  (B) COOPERATE WITH THE DEPARTMENT OF HEALTH IN IMPLEMENTING THE CHILD-
HOOD OBESITY PREVENTION PROGRAM PURSUANT TO TITLE EIGHT OF ARTICLE TWEN-
TY-FIVE  OF THE PUBLIC HEALTH LAW AND WITH THE COMMISSIONER OF EDUCATION
TO ENCOURAGE THE PRODUCTION AND CONSUMPTION OF  FRESH  LOCALLY  PRODUCED
FRUITS  AND  VEGETABLES BY ELEMENTARY AND SECONDARY SCHOOL AGED CHILDREN
PURSUANT TO PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO  HELP  COMBAT  THE
INCREASING INCIDENCE OF CHILDHOOD OBESITY.
  (C)  COOPERATE  WITH  FEDERAL,  OTHER  STATE AND MUNICIPAL AGENCIES TO
ENCOURAGE THE EXPANSION OF COMMUNITY GARDENS PURSUANT TO  ARTICLE  TWO-C
OF  THIS  CHAPTER  TO  HELP  ENCOURAGE THE PRODUCTION AND CONSUMPTION OF
FRESH LOCALLY PRODUCED FRUITS AND VEGETABLES TO HELP COMBAT THE INCREAS-
ING INCIDENCE OF ADULT AND CHILD OBESITY.
  S 3. Article 2-C of the agriculture and  markets  law  is  amended  by
adding a new section 31-f to read as follows:
  S  31-F.  LEGISLATIVE  FINDINGS.    THE  LEGISLATURE  HEREBY FINDS AND
DECLARES THAT COMMUNITY GARDENS PROVIDE SIGNIFICANT HEALTH,  EDUCATIONAL
AND  SOCIAL  BENEFITS  TO  THE  GENERAL PUBLIC, ESPECIALLY FOR THOSE WHO

S. 2374                             4

RESIDE IN URBAN AND SUBURBAN AREAS OF THIS STATE. FURTHERMORE, IT IS THE
ARTICULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH  IN
THE  NUMBER  OF  COMMUNITY  GARDENS AND THE ACREAGE OF SUCH GARDENS. THE
COMMUNITY  GARDEN  MOVEMENT  CONTINUES  TO PROVIDE LOW COST FOOD THAT IS
FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD FRESH
FRUITS AND VEGETABLES FOR THEMSELVES OR THEIR FAMILIES, PROMOTES  PUBLIC
HEALTH  AND HEALTHIER INDIVIDUAL LIFESTYLES BY ENCOURAGING BETTER EATING
HABITS AND INCREASED  PHYSICAL  ACTIVITY  BY  GROWING  THEIR  OWN  FOOD,
FOSTERS  THE  RETENTION  AND  EXPANSION  OF OPEN SPACES, PARTICULARLY IN
URBAN ENVIRONMENTS, ENHANCES URBAN AND  SUBURBAN  ENVIRONMENTAL  QUALITY
AND  COMMUNITY  BEAUTIFICATION,  PROVIDES INEXPENSIVE COMMUNITY BUILDING
ACTIVITIES, RECREATION AND PHYSICAL EXERCISE FOR ALL AGE GROUPS,  ESTAB-
LISHES  A  SAFE  PLACE FOR COMMUNITY INVOLVEMENT AND HELPS TO REDUCE THE
INCIDENCE OF CRIME, ENGENDERS A CLOSER RELATIONSHIP BETWEEN URBAN  RESI-
DENTS,  NATURE AND THEIR LOCAL ENVIRONMENT, AND FOSTERS GREEN JOB TRAIN-
ING AND ECOLOGICAL EDUCATION AT ALL LEVELS. FURTHER,  THE  PROMOTION  OF
COMMUNITY  GARDENS  CAN  HELP  THE  COMMUNITY  TO CONDUCT ACTIVITIES FOR
ITSELF TO COMBAT CHILDHOOD AND ADULT  OBESITY  TO  ADVANCE  THE  OVERALL
HEALTH   OF COMMUNITY MEMBERS.  IT IS THEREFORE THE INTENT OF THE LEGIS-
LATURE AND THE PURPOSE OF THIS ARTICLE TO FOSTER GROWTH IN  THE  NUMBER,
SIZE  AND  SCOPE OF COMMUNITY GARDENS IN THIS STATE BY ENCOURAGING STATE
AGENCIES, MUNICIPALITIES AND PRIVATE PARTIES IN THEIR EFFORTS TO PROMOTE
COMMUNITY GARDENS.
  S 4. Subdivisions 2 and 3 of  section  31-g  of  the  agriculture  and
markets  law,  as  added by chapter 862 of the laws of 1986, are amended
and a new subdivision 4-a is added to read as follows:
  2. "Garden" shall mean a piece OR PARCEL of land appropriate  for  THE
cultivation  of  herbs,  fruits,  flowers,  NUTS, HONEY, POULTRY FOR EGG
PRODUCTION,  MAPLE  SYRUP,  ORNAMENTAL  OR  VEGETABLE  PLANTS,   NURSERY
PRODUCTS, or vegetables.
  3.  "Municipality"  shall mean any county, town, village, city, school
district [or], BOARD OF COOPERATIVE EDUCATIONAL SERVICES, other  special
district, OR ANY OFFICE OR AGENCY THEREOF.
  4-A.    "STATE  AGENCY" SHALL MEAN ANY DEPARTMENT, BUREAU, COMMISSION,
BOARD, PUBLIC AUTHORITY OR OTHER AGENCY  OF  THE  STATE,  INCLUDING  ANY
PUBLIC  BENEFIT  CORPORATION  OF  WHICH  ANY  MEMBER  OF  WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.
  S 5. Section 31-h of the agriculture and  markets  law,  as  added  by
chapter 862 of the laws of 1986, is amended to read as follows:
  S  31-h. Office  of  community gardens; powers; duties. 1. The commis-
sioner shall establish within the  department  an  office  of  community
gardens  which  shall have the authority and responsibility for carrying
out the provisions of this  article  in  cooperation  with  the  [state]
department  of environmental conservation, the [state] education depart-
ment, THE DEPARTMENT OF HEALTH, the  department  of  state,  cooperative
extensions and other state agencies and municipalities.
  2. The duties of the office shall include:
  a.  Upon  request,  the  office  shall assist in the identification of
vacant public land within a  given  geographical  location  and  provide
information  regarding  agency jurisdiction and the relative suitability
of such lands for community gardening purposes;
  b. Serve as a coordinator on behalf of interested community groups and
the appropriate state or local agencies to facilitate the use of  vacant
public  lands  for  community  garden  use for not less than one growing
season by receiving and forwarding with recommendation completed  appli-
cations to the appropriate STATE OR MUNICIPAL agency. PROVIDED, FURTHER,

S. 2374                             5

THAT  THE OFFICE MAY DEVELOP A SINGLE RECOMMENDED APPLICATION FORM TO BE
USED BY COMMUNITY GROUPS WHEN APPLYING  TO  STATE  AGENCIES  OR  MUNICI-
PALITIES FOR USE OF VACANT PUBLIC LAND FOR COMMUNITY GARDEN PURPOSES;
  c.  Support  and  encourage  contact between community garden programs
already in existence and those programs in the initial stages of  devel-
opment; [and]
  d. Seek and provide such assistance, to the extent funds or grants may
become available, for the purposes identified in this article[.];
  E.  ASSIST, SUPPORT AND ENCOURAGE CONTACT AND COOPERATION BETWEEN, AND
THE COOPERATIVE SHARING OF RESOURCES BETWEEN  COMMUNITY  GARDEN  GROUPS,
SCHOOL  GARDEN  PROGRAMS  AND  LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS,
SUCH AS COMMUNITY FOOD PANTRIES,  SOUP  KITCHENS,  OTHER  COMMUNITY  AND
NOT-FOR-PROFIT ORGANIZATIONS THAT PROVIDE OR DISTRIBUTE FOOD TO THE POOR
AND  DISADVANTAGED,  HOSPITALS,  OTHER HEALTH CARE FACILITIES AND EDUCA-
TIONAL FACILITIES. SUCH SUPPORT CAN INCLUDE  THE  PROVISION  OF  SURPLUS
COMMUNITY  GARDEN  FOOD  OR  OTHER  AGRICULTURAL  PRODUCTS TO SUCH LOCAL
VOLUNTARY FOOD ASSISTANCE PROGRAMS;
  F. ASSIST, SUPPORT AND ENCOURAGE COMMUNICATION,  AND  THE  SHARING  OF
RESOURCES  BETWEEN  COMMUNITY  GARDEN  ORGANIZATIONS  AND  THE  NEW YORK
HARVEST FOR NEW YORK KIDS WEEK PROGRAM  ESTABLISHED  BY  THE  DEPARTMENT
PURSUANT  TO  SUBDIVISION FIVE-B OF SECTION SIXTEEN OF THIS CHAPTER, AND
INDIVIDUAL FARM-TO-SCHOOL AND SCHOOL GARDEN PROGRAMS;
  G. SUPPORT EFFORTS BY THE  DEPARTMENTS  OF  HEALTH  AND  EDUCATION  TO
COMBAT  ADULT  AND  CHILDHOOD  OBESITY BY ENCOURAGING THE CONSUMPTION OF
COMMUNITY GARDEN PRODUCED FRUITS AND VEGETABLES; AND
  H. ESTABLISH A COMMUNITY GARDENS TASK FORCE PURSUANT TO SECTION  THIR-
TY-ONE-J OF THIS ARTICLE.
  S  6.  Section  31-i  of  the agriculture and markets law, as added by
chapter 862 of the laws of 1986, is amended to read as follows:
  S 31-i. Use of state OR MUNICIPALLY owned land for community  gardens.
1.  Any  state  agency[,  department, board, public benefit corporation,
public authority] or [commission]  MUNICIPALITY  with  title  to  vacant
public  land  may  permit  community organizations to use such lands for
community gardening purposes. Such use of  vacant  public  land  may  be
conditioned on the community organization possessing liability insurance
and  accepting  liability for injury or damage resulting from use of the
vacant public land for community gardening purposes.
  2. State agencies AND MUNICIPALITIES which have received  an  applica-
tion for use of public lands for community garden purposes shall respond
to the applicant within thirty days and make a final determination with-
in one hundred eighty days.
  S  7.  The  agriculture  and  markets  law  is amended by adding a new
section 31-j to read as follows:
  S 31-J. COMMUNITY GARDENS TASK FORCE. 1.  THE  OFFICE  MAY  CONVENE  A
COMMUNITY  GARDENS  TASK FORCE TO IDENTIFY AND DEVELOP WAYS TO ENCOURAGE
STATE AGENCIES, MUNICIPALITIES AND  PRIVATE  PARTIES  TO  ESTABLISH  AND
EXPAND COMMUNITY GARDENS AND THE ACTIVITIES CONDUCTED BY SUCH GARDENS.
  2.  THE  TASK  FORCE  SHALL BE CHAIRED BY THE COMMISSIONER, OR BY SUCH
OFFICER OR EMPLOYEE OF THE DEPARTMENT AS  SHALL  BE  DESIGNATED  BY  THE
COMMISSIONER.  THE  MEMBERSHIP  OF  THE TASK FORCE MAY INCLUDE REPRESEN-
TATION  FROM  THE  EDUCATION  DEPARTMENT,  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  DEPARTMENT  OF  HEALTH,  DEPARTMENT  OF  STATE, OFFICE OF
PARKS, RECREATION AND  HISTORIC  PRESERVATION,  AND  OFFICE  OF  GENERAL
SERVICES. SUCH TASK FORCE SHALL INCLUDE MEMBERS THAT REPRESENT COUNTIES,
CITIES,  TOWNS, VILLAGES, SCHOOL DISTRICTS, OTHER SPECIAL USE DISTRICTS,
PUBLIC AUTHORITIES AND COOPERATIVE EXTENSION SERVICES.

S. 2374                             6

  3. THE TASK FORCE SHALL HAVE NOT MORE THAN TWENTY-FIVE MEMBERS.
  4. THE OFFICE, MAY REQUEST THE ASSISTANCE OF STATE AGENCIES INCLUDING,
BUT NOT LIMITED TO THE EDUCATION DEPARTMENT, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION,  DEPARTMENT  OF HEALTH, DEPARTMENT OF STATE, DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, OFFICE OF STATE PARKS, RECREATION
AND HISTORIC PRESERVATION, AND OFFICE OF GENERAL SERVICES TO  CARRY  OUT
THE WORK OF THE TASK FORCE.
  5. THE TASK FORCE MAY ONLY ACT WHEN THREE-FIFTHS OF ITS MEMBERSHIP ARE
PRESENT.  ALL ACTION OF THE TASK FORCE SHALL REQUIRE AN AFFIRMATIVE VOTE
OF ITS MEMBERSHIP. THE TASK FORCE SHALL  CONVENE  AT  THE  CALL  OF  THE
OFFICE.
  6.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  7. (A) THE GOALS OF THE TASK FORCE MAY INCLUDE, BUT  ARE  NOT  LIMITED
TO,  THE  STUDY,  EVALUATION  AND DEVELOPMENT OF RECOMMENDATIONS: (I) TO
ENCOURAGE THE ESTABLISHMENT AND EXPANSION OF COMMUNITY GARDENS BY  STATE
AGENCIES,  MUNICIPAL  GOVERNMENTS,  EDUCATIONAL  FACILITIES  AND PRIVATE
PARTIES, SUCH AS HOSPITALS,  OTHER  HEALTH  CARE  FACILITIES  AND  OTHER
HEALTH  CARE PROVIDERS, (II) TO ENCOURAGE COOPERATION BETWEEN THE ACTIV-
ITIES AND OPERATIONS OF COMMUNITY GARDENS AND PROVISION OF DONATED  FOOD
TO  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS FOR THE POOR AND DISADVAN-
TAGED, (III) TO ENCOURAGE THE PRODUCTION AND CONSUMPTION OF FRESH FRUITS
AND VEGETABLES TO HELP COMBAT THE INCREASING  PREVALENCE  OF  ADULT  AND
CHILDHOOD  OBESITY,  AND  (IV)  TO  INCREASE THE BENEFITS THAT COMMUNITY
GARDENS MAY PROVIDE TO THE LOCAL COMMUNITY IN WHICH THEY ARE LOCATED.
  (B) IN ACHIEVING THE GOALS OF THE  TASK  FORCE,  THE  TASK  FORCE  MAY
CONSIDER  RECOMMENDATIONS THAT: (I) ENCOURAGE THE EXECUTION OF CONSERVA-
TION EASEMENTS BY STATE AGENCIES, MUNICIPALITIES, EDUCATIONAL FACILITIES
OR PRIVATE PARTIES TO  ESTABLISH  OR  PROTECT  COMMUNITY  GARDENS,  (II)
ENCOURAGE  THE  CREATION OF MECHANISMS TO TRANSFER DEVELOPMENT RIGHTS TO
PROTECT COMMUNITY GARDENS OR ENCOURAGE THE DONATION OR  LEASE  OF  LANDS
FOR  COMMUNITY  GARDENS,  (III) DEVELOPMENT OF MODEL ZONING CODES, LOCAL
LAND USE LAWS OR OTHER  MUNICIPAL  POLICIES  THAT  COULD  ENCOURAGE  THE
ESTABLISHMENT  OR RETENTION OF COMMUNITY GARDENS, (IV) ENCOURAGE COOPER-
ATIVE INITIATIVES BETWEEN HEALTH  CARE  FACILITIES,  OTHER  HEALTH  CARE
PROVIDERS  AND COMMUNITY GROUPS TO ENCOURAGE THE PRODUCTION AND CONSUMP-
TION OF FRESH FRUITS AND VEGETABLES TO  COMBAT  THE  HIGH  INCIDENCE  OF
ADULT AND CHILD OBESITY, AND (V) ANY OTHER ACTIVITY TO ACHIEVE THE GOALS
DEEMED APPROPRIATE BY THE TASK FORCE ACCORDING TO THE PROVISIONS OF THIS
ARTICLE.
  S  8.  The  opening  paragraph  of  section 281 of the agriculture and
markets law, as added by chapter 834 of the laws of 1981, is amended  to
read as follows:
  The  legislature  hereby finds that inflation has caused higher prices
in all phases of farm and food production and  farm  and  food  products
distribution;  and  that  the demand, by consumers within the state, for
increasing supplies of wholesome, fresh and  nutritious  farm  and  food
products  provides  a  significant  opportunity  for  the development of
alternative marketing structures for food  grown  within  the  state  by
which such products may be supplied directly to the consuming public. IN
ADDITION,  INCREASING  THE  SUPPLY OF WHOLESOME, FRESH, LOCALLY PRODUCED
FRUITS AND VEGETABLES CAN HELP TO  ENCOURAGE  THE  CONSUMPTION  OF  SUCH
PRODUCE  IN  A  MANNER  THAT HELPS TO COMBAT THE INCREASING INCIDENCE OF
ADULT AND CHILDHOOD OBESITY. REDUCING THE INCIDENCE OF OBESITY CAN  HELP
TO  IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC, HELP TO REDUCE THE

S. 2374                             7

COST OF PROVIDING HEALTH CARE AND REDUCE THE STATE'S COSTS OF  PROVIDING
SUCH CARE.
  S  9. Subdivision 5 of section 283 of the agriculture and markets law,
as added by chapter 834 of the laws of 1981, is amended and a new subdi-
vision 8-a is added to read as follows:
  5. Provide assistance to consumer or non-profit organizations,  PUBLIC
OR  PRIVATE AGENCIES, HOSPITALS AND OTHER HEALTH CARE FACILITIES seeking
to purchase or facilitate the purchase of farm  products  directly  from
producers.
  8-A.  ENCOURAGE  THE  DEVELOPMENT OF DIRECT MARKETING PROGRAMS, WITHIN
AREAS OF THE STATE DESIGNATED BY THE DEPARTMENT OF HEALTH  AS  HAVING  A
HIGH  INCIDENCE  OF CHILDHOOD OBESITY AND TO INCREASE THE CONSUMPTION OF
FRESH FRUITS AND VEGETABLES TO HELP  CURB  THE  INCIDENCE  OF  CHILDHOOD
OBESITY.
  S 10. This act shall take effect immediately.

                                 PART B

  Section 1. Section 901 of the education law, as amended by chapter 477
of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
  S 901. School  health  services  to  be  provided.  1.  School  health
services,  as  defined  in  subdivision  two  of  this section, shall be
provided by each school district for all students attending  the  public
schools in this state, except in the city school district of the city of
New  York,  as  provided  in  this article. School health services shall
include the services of a  registered  professional  nurse,  if  one  is
employed,  and  shall  also  include such services as may be rendered as
provided in this article in examining  students  for  the  existence  of
disease  or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX AND WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE  HUNDRED  FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
  2.  School health services for the purposes of this article shall mean
the several procedures, including, but not limited to, medical  examina-
tions,  dental  inspection and/or screening, scoliosis screening, vision
screening [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED  BY
BODY  MASS  INDEX  AND WEIGHT STATUS CATEGORY, designed to determine the
health status of the child;  to  inform  parents  or  other  persons  in
parental  relation  to  the child, pupils and teachers of the individual
child's health condition subject to federal  and  state  confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing  and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident or  illness;  to  survey  and  make  necessary  recommendations
concerning  the  health  and safety aspects of school facilities and the
provision of health information.
  S 2. Subdivisions 1, 3 and 4 of section 903 of the education  law,  as
amended  by chapter 281 of the laws of 2007, subdivision 1 as separately
amended by section 11 of part B of chapter 58 of the laws  of  2007  and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are amended to read as follows:
  1.  A  health  certificate  shall  be furnished by each student in the
public schools upon his or her entrance in such schools and upon his  or
her entry into the grades prescribed by the commissioner in regulations,
provided  that such regulations shall require such certificates at least

S. 2374                             8

twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with  any
applicable  written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized  to  prac-
tice  in  the  jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction  has  stand-
ards  of  licensure  and  practice comparable to those of New York. Each
such certificate shall describe the condition of the  student  when  the
examination  was  made, which shall not be more than twelve months prior
to the commencement of the school  year  in  which  the  examination  is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools.  THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS  ASSOCIATED  WITH
TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY  OTHER  FACTORS  CONSISTENT  WITH INCREASED RISK SHALL BE TESTED FOR
DIABETES. Each such certificate shall also state the student's body mass
index (BMI) and weight status category.  For purposes of  this  section,
BMI  is  computed  as  the  weight in kilograms divided by the square of
height in meters or the weight in pounds divided by the square of height
in inches multiplied by a conversion factor of 703. Weight status  cate-
gories  for  children and adolescents shall be as defined by the commis-
sioner of health. In all  school  districts  such  physician,  physician
assistant  or nurse practitioner shall determine whether a one-time test
for sickle cell anemia is necessary or desirable and  he  or  she  shall
conduct such a test and the certificate shall state the results.
  3.  a. Within thirty days after the student's entrance in such schools
or grades, the health certificate shall be submitted to the principal or
his or her designee and shall  be  filed  in  the  student's  cumulative
health  record. If such student does not present a health certificate as
required in this section, unless he or  she  has  been  accommodated  on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such  student  that  if the required health certificate is not furnished
within thirty days from the date of such notice, an examination will  be
made  of  such  student,  as  provided  in this article. Each school and
school district [chosen as part of an appropriate sampling  methodology]
shall  participate  in  surveys  directed  by the commissioner of health
pursuant to the public health law  in  relation  to  students'  BMI  and
weight  status  categories  as reported on the school health certificate
and which shall be subject to audit by the commissioner of health.  Such
surveys  shall  contain the information required pursuant to subdivision
one of this section in relation to students' BMI and weight status cate-
gories in aggregate. Parents or other persons in parental relation to  a
student  may refuse to have the student's BMI and weight status category
included in such survey.  Each school and school district shall  provide
the  commissioner of health with any information, records and reports he
or she may require for the purpose of such audit.  The  BMI  and  weight
status  survey  and  audit  as  described  in  this subdivision shall be
conducted consistent with confidentiality requirements imposed by feder-
al law.

S. 2374                             9

  b. Within thirty days after the student's entrance in such schools  or
grades,  the  dental  health certificate, if obtained, shall be filed in
the student's cumulative health record.
  4.  Notwithstanding  the provisions of subdivisions one, two and three
of this section, no examinations for  a  health  certificate  or  health
history  shall  be  required  or  dental  certificate  requested, and no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health  history  conflict  with  their  genuine  and  sincere  religious
beliefs.
  S  3. Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 58 of the laws of 2007,  is  amended  to
read as follows:
  1.  Each  principal  of a public school, or his or her designee, shall
report to the director of school  health  services  having  jurisdiction
over  such  school,  the  names  of  all students who have not furnished
health certificates as provided in section nine hundred  three  of  this
article,  or  who  are children with disabilities, as defined by article
eighty-nine of this chapter, and the director of school health  services
shall  cause  such  students to be separately and carefully examined and
tested to ascertain whether any student has defective sight or  hearing,
or  any  other  physical disability which may tend to prevent him or her
from receiving the full benefit of school  work,  or  from  requiring  a
modification  of  such  work  to  prevent  injury to the student or from
receiving the best educational results.   Each  examination  shall  also
include  a calculation of the student's body mass index (BMI) and weight
status category. For purposes of this section, BMI is  computed  as  the
weight  in  kilograms  divided  by the square of height in meters or the
weight in pounds divided by the square of height in inches multiplied by
a conversion factor of 703. Weight status categories  for  children  and
adolescents  shall  be  as defined by the commissioner of health. In all
school districts, such physician, physician assistant or  nurse  practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary  or  desirable  and he or she shall conduct such tests and the
certificate shall state the results. If it should be  ascertained,  upon
such test or examination, that any of such students have defective sight
or  hearing[,]  or  other  physical  disability,  including  sickle cell
anemia, as above described, OR ARE OBESE, the principal or  his  or  her
designee  shall  notify  the  parents  of,  or other persons in parental
relation to, the child as to the existence of such  disability.  If  the
parents or other persons in parental relation are unable or unwilling to
provide  the necessary relief and treatment for such students, such fact
shall be reported by the principal or his or her designee to the  direc-
tor  of school health services, whose duty it shall be to provide relief
for such students. Each school and school district [chosen as part of an
appropriate sampling methodology] shall participate in surveys  directed
by  the  commissioner  of  health  pursuant  to the public health law in
relation to students' BMI and weight status categories as determined  by
the  examination  conducted  pursuant to this section and which shall be
subject to audit by the  commissioner  of  health.  Such  surveys  shall
contain  the  information  required  pursuant  to  this  subdivision  in
relation to students' BMI and weight  status  categories  in  aggregate.
[Parents  or  other persons in parental relation to a student may refuse
to have the student's BMI and weight status category  included  in  such
survey.]  Each school and school district shall provide the commissioner

S. 2374                            10

of health with any information,  records  and  reports  he  or  she  may
require  for the purpose of such audit. The BMI and weight status survey
and audit as described in this section  shall  be  conducted  consistent
with   confidentiality   requirements  imposed  by  federal  law.  [Data
collection for such surveys shall commence on a voluntary basis  at  the
beginning  of  the  two  thousand seven academic school year, and by all
schools chosen as part of the sampling methodology at the  beginning  of
the  two thousand eight academic school year.] The department shall also
utilize the collected data to develop a  report  of  child  obesity  and
obesity related diseases.
  S  4.  Section  912 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
  S 912. Health and welfare services to all children. The voters  and/or
trustees  or  board  of  education  of every school district shall, upon
request of the authorities of a school other than public, provide  resi-
dent  children  who attend such school with any or all of the health and
welfare services and facilities which are made available by such  voters
and/or  trustees  or board of education to or for children attending the
public schools of the district. Such services may include, but  are  not
limited  to  all services performed by a physician, physician assistant,
dentist, dental hygienist, registered professional nurse, nurse  practi-
tioner, school psychologist, school social worker or school speech ther-
apist,  and  may  also  include  dental  prophylaxis, vision and hearing
screening examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking  of
medical  histories and the administration of health screening tests, the
maintenance of cumulative health records and the administration of emer-
gency care programs for ill or injured students. Any  such  services  or
facilities  shall  be  so  provided notwithstanding any provision of any
charter or other provision of law inconsistent herewith. Where  children
residing  in  one  school  district  attend  a  school other than public
located in another  school  district,  the  school  authorities  of  the
district  of residence shall contract with the school authorities of the
district where such nonpublic school is located, for  the  provision  of
such  health and welfare services and facilities to such children by the
school district where such nonpublic school is located, for a  consider-
ation  to  be  agreed  upon  between  the  school  authorities  of  such
districts, subject to the  approval  of  the  qualified  voters  of  the
district  of  residence when required under the provisions of this chap-
ter. Every such contract shall be in writing and in the form  prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction  over  such  district  of  residence and such contract shall not
become effective until approved by such superintendent.
  S 5. Subdivisions 4 and 5 of section 918  of  the  education  law,  as
added  by  chapter  493  of  the  laws  of  2004, are amended to read as
follows:
  4. The committee is encouraged to study AND  MAKE  RECOMMENDATIONS  ON
all  facets  of the current nutritional policies of the district includ-
ing, but not limited to, the goals of the district to promote health and
proper nutrition, REDUCE THE INCIDENCE  OF  CHILDHOOD  OBESITY,  vending
machine  sales,  menu  criteria, educational curriculum teaching healthy
nutrition, AND educational information provided to parents or  guardians
regarding  healthy nutrition and the health risks associated with obesi-
ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIRATORY  DISEASES.
PROVIDED,  FURTHER,  THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
PARENTAL RELATION ON opportunities offered to parents  or  guardians  to

S. 2374                            11

encourage  healthier  eating  habits  to  students,  and  the  education
provided to teachers and other staff as to  the  importance  of  healthy
nutrition  AND  ABOUT THE DANGERS OF CHILDHOOD OBESITY.  In addition the
committee   shall   consider  recommendations  and  practices  of  other
districts and nutrition studies.
  5. The committee is encouraged to report periodically to the  district
regarding practices that will educate teachers, parents or guardians and
children  about  healthy nutrition and raise awareness of the dangers of
CHILDHOOD obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIR-
ATORY  DISEASES.  The committee is encouraged also to provide any parent
teacher associations in the district with such findings and  recommenda-
tions.
  S 6. This act shall take effect two years after it shall have become a
law.

                                 PART C

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding two new paragraphs (s) and (t) to read as follows:
  (S) (I) BY RULE OR REGULATION, MAY REQUIRE FOOD SERVICE ESTABLISHMENTS
INCLUDING, BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS,  DELIS,  BAKER-
IES,  ELEMENTARY  AND  SECONDARY SCHOOLS, HOSPITALS, MOBILE FOOD SERVICE
VEHICLES AND CARTS, AND CHILD CARE FACILITIES,  THAT  PREPARE,  SELL  OR
SERVE  FOOD FOR IMMEDIATE CONSUMPTION BY THE GENERAL PUBLIC, TO RESTRICT
THE USE OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF SUCH FOOD. FOR THE
PURPOSES OF THIS PARAGRAPH, THE TERM "ARTIFICIAL TRANS  FAT"  MEANS  ANY
FOOD THAT IS LABELED, AND WHICH LISTS AS AN INGREDIENT OR CONTAINS VEGE-
TABLE  SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGE-
TABLE OIL; PROVIDED, HOWEVER, THAT ANY  FOOD  WITH  A  NUTRITIONAL  FACT
LABEL  OR  OTHER  DOCUMENTATION FROM A MANUFACTURER LIST STATING A TRANS
FAT CONTENT OF LESS THAN .5 GRAMS PER SERVING SHALL  NOT  BE  DEEMED  TO
CONTAIN ARTIFICIAL TRANS FAT. SUCH RULES AND REGULATIONS SHALL NOT APPLY
TO  ANY FOOD SERVED DIRECTLY TO THE GENERAL PUBLIC IN THE MANUFACTURER'S
ORIGINAL SEALED PACKAGE. FURTHERMORE, SUCH RULES AND  REGULATIONS  SHALL
NOT  APPLY  TO  ANY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD COMMISSARY
THAT IS SUBJECT TO ANY LOCAL LAW, ORDINANCE, CODE OR RULE THAT REGULATES
THE USE OR DISCLOSURE OF ARTIFICIAL TRANS FATS BY  FOOD  SERVICE  ESTAB-
LISHMENTS.
  (II)  THE COMMISSIONER MAY REQUIRE FOOD SERVICE ESTABLISHMENTS SERVING
FOODS WITH ARTIFICIAL TRANS FAT TO POST  WARNING  SIGNS  TO  INFORM  THE
PUBLIC  ABOUT  THE  HEALTH RISKS ASSOCIATED WITH THE OVER CONSUMPTION OF
FOODS PREPARED WITH ARTIFICIAL TRANS FATS. SUCH WARNING SIGNS  SHALL  BE
CONSPICUOUSLY  POSTED  IN  AREAS WHERE FOOD MAY BE ORDERED FROM THE FOOD
SERVICE ESTABLISHMENT AND SHALL BE IN SUBSTANTIALLY THE FOLLOWING  FORM:
"WARNING  - THIS ESTABLISHMENT USES ARTIFICIAL TRANS FAT IN THE PREPARA-
TION OF SOME OR ALL OF THE FOODS THAT ARE SOLD OR  SERVED  HERE.    WHEN
OVERCONSUMED, ARTIFICIAL TRANS FATS CAN LEAD TO INCREASES IN THE RISK OF
HEART ATTACK, STROKE AND DEVELOPMENT OF TYPE 2 DIABETES."
  (III)  THE COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED
TO, THE FOLLOWING COMPONENTS: (A)  A  PUBLIC  INFORMATION  DISSEMINATION
PROGRAM  TO  INFORM  THE  PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD  PREPA-
RATION  METHODS  THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND
THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE  OF  ARTIFICIAL  TRANS
FATS.

S. 2374                            12

  (T)  (I)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (A)  "FOOD  SERVICE  FACILITY"  MEANS A FOOD SERVICE ESTABLISHMENT, AS
DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
OR CONTROL WITH AT LEAST TWENTY-FIVE OTHER FOOD  SERVICE  ESTABLISHMENTS
WITH  THE  SAME  NAME IN THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE
SAME MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT  COMPANY
WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
  (B) "NUTRITIONAL INFORMATION" INCLUDES ALL OF THE FOLLOWING, PER STAN-
DARD MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
  (I) TOTAL NUMBER OF CALORIES.
  (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
  (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
  (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
  (C)  "POINT  OF  SALE"  MEANS  THE LOCATION WHERE A CUSTOMER PLACES AN
ORDER.
  (D) IN CALCULATING NUTRITIONAL INFORMATION, A  FOOD  SERVICE  FACILITY
MAY  USE  ANY  REASONABLE  MEANS RECOGNIZED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD  MENU
ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
  (II)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILITY
TO  DISCLOSE  THE NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B) OF THIS
SUBPARAGRAPH.
  (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
DISCLOSE THE NUTRITIONAL INFORMATION IN A CLEAR AND  CONSPICUOUS  MANNER
AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
  S  2.    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,
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. 2374                            13

  S 3. 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 4. This act shall take effect one year after it shall have become  a
law,  provided  that,  effective  immediately, any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be completed on or before such date.

                                 PART D

  Section  1.  Subdivision  5 of section 2556 of the education law, such
section as renumbered by chapter 762 of the laws of 1950, is amended  to
read as follows:
  5.  It  shall  be  unlawful for a schoolhouse to be constructed in the
city of New York without an open-air playground attached to or  used  in
connection  with  the  same.    EXISTING  PLAYGROUNDS SHALL NOT BE SOLD,
LEASED OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH  AS
SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING  MATERIALS  FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF SUCH PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES  OR  SPACE TO ACCOMMODATE THE PHYSICAL AND RECREATIONAL NEEDS
OF THE PUPILS OF SUCH BUILDING.   THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO  SCHOOL CONSTRUCTION OR RENOVATION ACTIVITIES THAT
OCCUR ON OR REQUIRE THE USE OF SUCH PLAYGROUNDS FOR  A  DURATION  OF  NO
MORE THAN ONE YEAR.
  S  2.  This act shall take effect July 1, 2013; provided however, that
the commissioner of education is authorized and directed  to  promulgate
any rules or regulations necessary for the timely implementation of this
act on or before such date.

                                 PART E

  Section  1.  Subdivisions 1 and 5 of section 803 of the education law,
as amended by chapter 118 of the laws of 1957, are amended  to  read  as
follows:
  1.  All  pupils  above  the  age  of eight years in all elementary and
secondary schools, shall receive as part of the  prescribed  courses  of
instruction  therein  such physical education under the direction of the
commissioner of education as the regents  may  determine.  Such  courses
shall  be designed to aid in the well-rounded education of pupils and in
the development of character,  citizenship,  OVERALL  physical  fitness,
GOOD  health  [and],  the worthy use of leisure AND THE REDUCTION IN THE
INCIDENCE OF CHILDHOOD OBESITY.   Pupils above such  age  attending  the
public  schools shall be required to attend upon such prescribed courses
of instruction.
  5. (A) It shall be the duty of the regents to adopt rules  determining
the  subjects  to  be included in courses of physical education provided
for in this section, the period of instruction in each of such  courses,
the  qualifications of teachers, and the attendance upon such courses of
instruction.

S. 2374                            14

  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  REGENTS
MAY  PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR  ACTIV-
ITY,  INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
TIVE EDUCATION PROGRAMS. THE REGENTS  MAY  INCLUDE  IN  ITS  RULES  THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE  IN  PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF ONE
HUNDRED TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY  PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
  S  2.  The  section  heading  and  subdivision 1 of section 804 of the
education law, the section heading as amended by chapter 401 of the laws
of 1998 and subdivision 1 as added by chapter 982 of the laws  of  1977,
are amended and a new subdivision 3-b is added to read as follows:
  Health   education   regarding  alcohol,  drugs,  tobacco  abuse,  THE
REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and  detection
of certain cancers. 1. All schools shall include, as an integral part of
health,  SCIENCE AND PHYSICAL education, instruction so as to discourage
the misuse and abuse of alcohol, tobacco[,] and other drugs,  TO  REDUCE
THE  INCIDENCE  OF  OBESITY,  and  promote  attitudes  and behavior that
enhance health, well being, and human dignity.
  3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED  WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING  GOOD  NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
AN INTEGRAL PART OF REQUIRED  HEALTH,  SCIENCE  AND  PHYSICAL  EDUCATION
COURSES.
  S  3. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
  1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
authorized  to establish a demonstration program and to distribute state
funds to local  school  districts,  boards  of  cooperative  educational
services  and  in  certain instances community school districts, for the
development, implementation, evaluation, validation,  demonstration  and
replication  of  exemplary  comprehensive  health  education programs to
assist the public schools in developing curricula, training  staff,  and
addressing local health education needs of students, parents, and staff.
SUCH  PROGRAMS  SHALL  SERVE  THE  PURPOSE  OF  DEVELOPING AND ENHANCING
PUPILS' HEALTH KNOWLEDGE, SKILLS,  ATTITUDES  AND  BEHAVIORS,  WHICH  IS
FUNDAMENTAL  TO  IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
AS WELL AS REDUCING  THE  INCIDENCE  OF  ADOLESCENT  PREGNANCY,  ALCOHOL
ABUSE,  TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
AND ADOLESCENCE.
  S  4. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
  S 813. School lunch period; scheduling.  Each school shall schedule  a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
  S 5. This act shall take effect immediately.

                                 PART F

  Section 1. The public health law is amended by adding  a  new  article
13-I to read as follows:

S. 2374                            15

                              ARTICLE 13-I
              IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
        1399-YY. PROGRAMS.
  S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
HEALTHCARE INSURER AND PREGNANCY PROGRAM SHALL DISTRIBUTE INFORMATION ON
THE  ADVERSE  EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH FIRSTHAND AND
SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT INCLUDE LOWER BIRTH
RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE AND  DEVEL-
OPMENTAL DAMAGE.
  2.  EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION  OF  QUITTING  SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
  S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
TOBACCO  CONTROL  PROGRAMS  FOR  PREGNANT  WOMEN  OR  TO OTHER PREGNANCY
RELATED PROGRAMS:
  1. CARBON MONOXIDE MONITORING;
  2. DEPRESSION, SOCIAL SUPPORT  AND  DOMESTIC  VIOLENCE  SCREENING  AND
REFERRALS;
  3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
  4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
  5. FINANCIAL INCENTIVES SUCH AS SHIPPING VOUCHER OR DIAPER COUPONS FOR
QUITTING FOR MORE THAN FOUR WEEKS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law. Provided, that effective immediately the
commissioner of health is authorized and directed to promulgate any  and
all  rules  and  regulations,  and  take any other measures necessary to
implement the provisions of this act on its effective date.

                                 PART G

  Section 1. 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-

S. 2374                            16

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
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 2. This act shall take effect immediately.

                                 PART H

  Section  1.    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, IN COORDINATION  WITH
THE   PUBLIC   INFORMATION  PROVIDED  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-K OF THIS ARTICLE, targeted  to  children  and  adolescents  and
their  parents  and  caregivers that emphasize increasing consumption of
low-calorie, high-nutrient foods, decreasing consumption  of  high-calo-
rie,  low-nutrient  foods  and  increasing physical activity 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

S. 2374                            17

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;
  (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 ACCORDANCE WITH SECTION  TWENTY-
FIVE HUNDRED-K OF THIS ARTICLE, in coordination with health care provid-
ers  and  institutions including but not limited to day care centers and
schools for overweight and obesity for children aged two  through  eigh-
teen  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 explanation
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 2. 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 3. This act shall take effect immediately.

S. 2374                            18

                                 PART I

  Section  1.  Section 263 of the public health law, as added by chapter
538 of the laws of 2002, is amended to read as follows:
  S 263. Department authorized to study obesity - report. 1. The depart-
ment is authorized to sample and collect data on individual cases  where
obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED-K OF THIS CHAPTER, and to analyze such data in order
to  evaluate  the  impact  of treating obesity. Such data collection and
analysis shall include the following:
  a. The effectiveness of existing methods for  treating  or  preventing
obesity;
  b.  The  effectiveness of alternate methods for treating or preventing
obesity;
  c. The fiscal impact of treating or preventing obesity;
  d. The compliance and cooperation of patients with various methods  of
treating or preventing obesity; or
  e.  The reduction in serious medical problems associated with diabetes
that results from treating or preventing obesity.
  2. The department is authorized to fund  the  research  authorized  in
subdivision  one  of  this  section AND SECTION TWENTY-FIVE HUNDRED-K OF
THIS CHAPTER from gifts, grants, and donations from individuals, private
organizations, foundations, or any governmental  unit;  except  that  no
gift,  grant,  or  donation  may  be accepted by the department if it is
subject to conditions that are inconsistent with this title or any other
laws of this state. The department shall have the power  to  direct  the
disposition  of  any  such  gift, grant, or donation for the purposes of
this title.
  3. After completion of the research authorized in subdivision  one  of
this  section, the department shall submit a report and supporting mate-
rials to the governor and the legislature by June first of the following
year AND UPDATE SUCH REPORT EVERY THREE YEARS.
  S 2. This act shall take effect immediately.

                                 PART J

  Section 1.  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

S. 2374                            19

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  2.  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 3. The public health law is amended by adding a new  section  2500-k
to read as follows:
  S  2500-K. CHILDHOOD OBESITY PREVENTION AND SCREENING.  1. LEGISLATIVE
DECLARATION. THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES  THAT
OBESITY,  PARTICULARLY  CHILDHOOD  OBESITY, IS A SERIOUS MEDICAL PROBLEM
AND THAT THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE  CURTAILED  TO
IMPROVE  THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE THE
COST OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT  THE
LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
  2.  THE  COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC PRIMARY CARE
PROVIDERS AND HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE  EARLY  SCREEN-
ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
OR  MAY  BECOME  SUSCEPTIBLE  TO  CONTRACTING ASTHMA OR MANIFEST TO HAVE
CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
FEDERAL DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH  AND
HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
  3.  THE  DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN ALL HOSPITALS
WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
EACH AFFILIATE HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S  NETWORK  TO
THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-
MATION  SHALL  INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH AS MEDICAL
RECORD NUMBER.
  4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
TO RELEASE UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS  LAW,  AND  WHERE
APPLICABLE,  SHALL  BE  SUBJECT  TO  THE  CONFIDENTIALITY  PROVISIONS OF
SECTION TWENTY-EIGHT HUNDRED FIVE-M OF THIS  CHAPTER,  EXCEPT  THAT  THE
RELEASE  OF  BIRTH  CERTIFICATE  INFORMATION SHALL BE SUBJECT TO SECTION
FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  5. THE COMMISSIONER MAY  RELEASE  INFORMATION  COLLECTED  THROUGH  THE
STATEWIDE   PERINATAL  DATA  SYSTEM,  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
ING PERSONS OR ENTITIES UNDER CONTRACT WITH  THE  DEPARTMENT  TO  REVIEW
QUALITY  OF  CARE  ISSUES, AS RELATED TO THE PROVISIONS OF THIS SECTION,
AND TO CONDUCT QUALITY IMPROVEMENT INITIATIVES  AS  NEEDED  TO  MONITOR,
EVALUATE  AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR PERSON
OR ENTITY UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY  OF  CARE

S. 2374                            20

ISSUES  SHALL  MAINTAIN  THE CONFIDENTIALITY OF ALL SUCH INFORMATION AND
SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
MENT, AND TO IMPLEMENT THE PROVISIONS OF TITLE FIVE OF  ARTICLE  TWO  OF
THIS  CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE LAWS
OF TWO THOUSAND TWO.
  6. THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS  ON
CHILDHOOD  OBESITY  AND ASTHMA RISKS AND PRECAUTIONS. SUCH MATERIALS MAY
BE MADE AVAILABLE TO CHILD  CARE  CENTERS,  PEDIATRICIANS  AND  NURSERY,
ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
RELATION  TO  CHILDREN,  AND  TO  HOSPITALS,  BIRTHING CENTERS AND OTHER
APPROPRIATE  HEALTH  CARE  PROVIDERS  FOR  DISTRIBUTION   TO   MATERNITY
PATIENTS.  IN  ADDITION,  SUCH  MATERIALS MAY BE PROVIDED TO HEALTH CARE
PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
UTION TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE  DEPARTMENT
MAY  ALSO  PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA RISKS AND
PRECAUTIONS ON THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION  OF  THIS
SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
OF  EDUCATIONAL  MATERIALS  RELATING  THERETO  PRODUCED  BY  ANY PUBLIC,
PRIVATE OR GOVERNMENTAL ENTITY, IN LIEU OF THE  DEPARTMENT'S  PRODUCTION
OF SUCH MATERIALS.
  7.  THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON OBESITY
AND ASTHMA IN CHILDREN AND UPDATE THE INFORMATION ON  CHILDHOOD  OBESITY
AND  ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS EDUCATIONAL
MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
  S 4. This act shall take effect immediately.

                                 PART K

  Section 1.  Section 2505-a of the public health law, as added by chap-
ter 292 of the laws of 2009, is amended to read as follows:
  S 2505-a. Rights of breastfeeding mothers. 1. The  principles  enunci-
ated  in subdivision three of this section are declared to be the public
policy of the state and a copy of such  statement  of  rights  shall  be
posted  conspicuously  in  a  public  place in each maternal health care
facility AND CHILD DAY CARE FACILITY.   For purposes  of  this  section,
"maternal  health  care  provider"  means a physician, midwife, or other
authorized practitioner attending a pregnant woman; and "maternal health
care facility" includes  hospitals  and  freestanding  birthing  centers
providing  perinatal services in accordance with article twenty-eight of
this chapter and applicable regulations.
  2. The commissioner shall make available to every maternal health care
provider [and], maternal health care facility AND CHILD DAY CARE FACILI-
TY, on the health department's website for the purpose  of  health  care
facilities  to  include such rights in the maternity information leaflet
as described in section twenty-eight hundred three-j of this chapter,  a
copy  of  the  statement of rights provided in subdivision three of this
section in the top six languages other than English spoken in the  state
according  to  the latest available data from the U.S. Bureau of Census,
and shall adopt any rules and regulations necessary to ensure that  such
patients  are  treated  in accordance with the provisions of such state-
ment.
  3. The statement of rights shall consist of the following:
                 "Breastfeeding Mothers' Bill of Rights"
  Choosing the way you will feed your new baby is one of  the  important
decisions  you will make in preparing for your infant's arrival. Doctors
agree that for most women breastfeeding is the safest and  most  healthy

S. 2374                            21

choice.  It  is  your right to be informed about the benefits of breast-
feeding and have your health care provider [and], maternal  health  care
facility  AND  CHILD DAY CARE FACILITY encourage and support breastfeed-
ing.  You  have  the  right to make your own choice about breastfeeding.
Whether you choose to breastfeed or not you  have  the  following  basic
rights  regardless  of  your race, creed, national origin, sexual orien-
tation, gender identity or expression, or source  of  payment  for  your
health  care.  Maternal  health care facilities have a responsibility to
ensure that you understand these rights. They must provide this informa-
tion clearly for you and must provide an interpreter if necessary. These
rights may only be limited in cases where your health or the  health  of
your  baby requires it. If any of the following things are not medically
right for you or your baby, you should be fully informed  of  the  facts
and be consulted.
(1)  Before  You  Deliver,  if  you attend prenatal childbirth education
classes provided by the maternal health care facility and  all  hospital
clinics and diagnostic and treatment centers providing prenatal services
in  accordance with article 28 of the public health law you must receive
the breastfeeding mothers' bill of rights.  Each  maternal  health  care
facility  shall provide the maternity information leaflet, including the
Breastfeeding Mothers' Bill of Rights, in accordance with section  twen-
ty-eight  hundred  three-i  of  this  chapter  to each patient or to the
appointed personal representative at the time of prebooking or  time  of
admission  to a maternal health care facility. Each maternal health care
provider shall give a copy of the Breastfeeding Mothers' Bill of  Rights
to each patient at or prior to the medically appropriate time.
  You  have  the  right  to  complete  information about the benefits of
breastfeeding for yourself and your baby. This will  help  you  make  an
informed choice on how to feed your baby.
  You  have  the right to receive information that is free of commercial
interests and includes:
  *  How  breastfeeding  benefits  you  and  your  baby   nutritionally,
medically and emotionally;
  * How to prepare yourself for breastfeeding;
  * How to understand some of the problems you may face and how to solve
them.
(2) In The Maternal Health Care Facility:
  * You have the right to have your baby stay with you right after birth
whether you deliver vaginally or by cesarean section. You have the right
to begin breastfeeding within one hour after birth.
  *  You  have  the right to have someone trained to help you in breast-
feeding give you information and help you when you need it.
  * You have the right to have your baby not receive any bottle  feeding
or pacifiers.
  *  You  have the right to know about and refuse any drugs that may dry
up your milk.
  * You have the right to have your baby in your room with you 24  hours
a day.
  * You have the right to breastfeed your baby at any time day or night.
  *  You  have the right to know if your doctor or your baby's pediatri-
cian is advising against breastfeeding before any feeding decisions  are
made.
  *  You have the right to have a sign on your baby's crib clearly stat-
ing that your baby is breastfeeding and that no bottle  feeding  of  any
type is to be offered.

S. 2374                            22

  *  You  have  the  right to receive full information about how you are
doing with breastfeeding and get help on how to improve.
  * You have the right to breastfeed your baby in the neonatal intensive
care  unit.  If  nursing  is not possible, every attempt will be made to
have your baby receive your pumped or expressed milk.
  * If you, or your baby, are re-hospitalized in a maternal care facili-
ty after the initial delivery stay, the hospital will make every  effort
to continue to support breastfeeding, to provide hospital grade electric
pumps and rooming in facilities.
  *  You  have  the right to have help from someone specially trained in
breastfeeding support and  expressing  breast  milk  if  your  baby  has
special needs.
  * You have the right to have a family member or friend receive breast-
feeding information from a staff member if you request it.
(3) When You Leave The Maternal Health Care Facility:
  *  You  have  the  right  to printed breastfeeding information free of
commercial material.
  * You have the right, unless specifically requested by you, and avail-
able at the  facility,  to  be  discharged  from  the  facility  without
discharge  packs  containing  infant  formula, or formula coupons unless
ordered by your baby's health care provider.
  * You have the right to get information about breastfeeding  resources
in your community including information on availability of breastfeeding
consultants, support groups and breast pumps.
  * You have the right to have the facility give you information to help
choose a medical provider for your baby and understand the importance of
a follow-up appointment.
  *  You  have  the right to receive information about safely collecting
and storing your breast milk.
  * You have the right to breastfeed your baby in any  location,  public
or  private, where you are otherwise authorized to be. Complaints can be
directed to the New York State Division of Human Rights.
  * YOU HAVE A RIGHT TO BREASTFEED YOUR BABY AT YOUR PLACE OF EMPLOYMENT
OR CHILD DAY CARE CENTER IN AN  ENVIRONMENT  THAT  DOES  NOT  DISCOURAGE
BREASTFEEDING OR THE PROVISION OF BREAST MILK.
  All  the  above  are your rights. If the maternal health care facility
does not honor these rights you can seek help by contacting the New York
state department of health  or  by  contacting  the  hospital  complaint
hotline or via email.
  4.  The  commissioner  shall  make regulations reasonably necessary to
implement this section.
  S 2. Section 2505 of the public health law, as added by chapter 479 of
the laws of 1980, is amended to read as follows:
  S 2505. Human  breast  milk;  collection,  storage  and  distribution;
general  powers  of  the  commissioner.    The  commissioner  is  hereby
empowered to:
  (a) adopt regulations and guidelines including,  but  not  limited  to
donor  standards,  methods of collection, and standards for storage, and
distribution of human breast milk;
  (b) conduct educational activities to inform  the  public  and  health
care  providers  of  the  availability  of human breast milk for infants
determined to require such milk and to inform potential  donors  of  the
opportunities for proper donation;
  (c)  ADOPT  REGULATIONS  AND  GUIDELINES  TO  ENCOURAGE AND FACILITATE
EMPLOYERS AND CHILD DAY CARE CENTERS TO ESTABLISH ENVIRONMENTS  THAT  DO
NOT  DISCOURAGE  BREASTFEEDING  AND  THE  PROVISION OF BREAST MILK. SUCH

S. 2374                            23

ENVIRONMENTS SHALL INCLUDE SANITARY LOCATIONS FOR BREASTFEEDING,  REFRI-
GERATORS,  AND  TRAINED  STAFF  TO  ASSIST  IN BREASTFEEDING AND FEEDING
BABIES WITH EXPRESSED BREAST MILK;
  (D) COLLECT AND COMPILE DATA ON THE PREVALENCE OF BREASTFEEDING IN THE
STATE AND THE HEALTH CONDITION OF CHILDREN FED BREAST MILK IN COMPARISON
TO THOSE WHO WERE NOT; AND
  (E)  establish  rules  and regulations to effectuate the provisions of
this section.
  S 3. 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  4.  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 5. 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 6. This act shall take effect immediately.

                                 PART L

  Section 1. Section 916 of the education law, as amended by chapter 524
of the laws of 2006, is amended to read as follows:
  S 916. Pupils afflicted with asthma OR OTHER POTENTIALLY  LIFE-THREAT-
ENING RESPIRATORY ILLNESSES.  The board of education or trustees of each
school  district  and  board  of  cooperative educational services shall
allow pupils who have been  diagnosed  by  a  physician  or  other  duly
authorized health care provider with a severe OR MODERATELY SEVERE asth-
matic   condition  OR  OTHER  POTENTIALLY  LIFE-THREATENING  RESPIRATORY
ILLNESS to carry and use a prescribed inhaler  during  the  school  day,
with  the  written  permission  of  a physician or other duly authorized
health care provider, and parental consent, based on such physician's or
provider's determination that such pupil is subject to sudden  asthmatic
attacks  [severe  enough to] THAT CAN debilitate such pupil. A record of
such permission shall be maintained in the school office.  In  addition,
upon the written request of a parent or person in parental relation, the
board of education or trustees of a school district and board of cooper-
ative  educational services shall allow such pupils to maintain an extra

S. 2374                            24

such inhaler in the care and custody of a registered professional  nurse
OR  OTHER  DESIGNATED  RESPONSIBLE  PERSON  employed by such district or
board of cooperative educational services.    Nothing  in  this  section
shall  require  a  school  district  or board of cooperative educational
services to retain a school nurse  solely  for  the  purpose  of  taking
custody  of a spare inhaler, or require that a school nurse be available
at all times in a school building for such purpose.
  S 2. The education law is amended by adding a new section 921 to  read
as follows:
  S 921. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE NEBU-
LIZERS IN THE OFFICE OF THE SCHOOL NURSE  OR  IN  A  SIMILAR  ACCESSIBLE
LOCATION.
  2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
MAY PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF  ASTHMA  MEDICATION
THROUGH  THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON AUTHORIZED
BY REGULATION. THE REGULATIONS MAY INCLUDE:
  A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON  AUTHORIZED
TO  ADMINISTER  ASTHMA  MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
MANAGEMENT AND IN THE USE OF NEBULIZERS  AND  INHALERS  CONSISTENT  WITH
NATIONALLY RECOGNIZED STANDARDS; AND
  B.  A  REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
PURSUANT TO SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE OR A  NEBULIZER
HAVE  AN  ASTHMA  TREATMENT PLAN PREPARED BY THE PHYSICIAN OF THE PUPIL,
WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT  PLAN,  AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE REGENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of education is authorized to promulgate rules and
regulations for the implementation of this act on such effective date.

                                 PART M

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S  235-H.  RESIDENTIAL  RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL
AGREEMENT FOR A DWELLING UNIT, IN A MULTIPLE DWELLING BUILDING WITH FOUR
OR MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY FOR  THE
PREMISES  ON  WHICH  THE  DWELLING  UNIT IS LOCATED. THE DISCLOSURE MUST
STATE WHETHER SMOKING IS PROHIBITED ON  THE  PREMISES,  ALLOWED  ON  THE
ENTIRE  PREMISES  OR  ALLOWED  IN  LIMITED AREAS ON THE PREMISES. IF THE
SMOKING POLICY ALLOWS SMOKING IN LIMITED  AREAS  ON  THE  PREMISES,  THE
DISCLOSURE  MUST  IDENTIFY  THE  AREAS  ON THE PREMISES WHERE SMOKING IS
ALLOWED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART N

  Section  1.   The state finance law is amended by adding a new section
91-h to read as follows:
  S 91-H. OBESITY AND RESPIRATORY DISEASE RESEARCH AND  EDUCATION  FUND.
1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE  KNOWN
AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".

S. 2374                            25

  2.  SUCH  FUND  SHALL  CONSIST  OF ALL REVENUE RECEIVED PURSUANT TO AN
APPROPRIATION THERETO, AND ALL OTHER MONEYS  APPROPRIATED,  CREDITED  OR
TRANSFERRED  THERETO  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.
NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PREVENT  THE  STATE  FROM
RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS FOR THE PURPOSES OF THE FUND AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT  AND  CHILDHOOD
OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
RESEARCH  AND  EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO SECTIONS TWEN-
TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-K OF
THE PUBLIC HEALTH LAW.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
HEALTH.
  S 2. This act shall take effect immediately.

                                 PART O

  Section 1. 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 2. 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 3. This act shall take effect immediately.

                                 PART P

  Section  1.    Subparagraph  4  of  paragraph  (o) of subdivision 4 of
section 366 of the social services law is amended by adding a new clause
(vi-a) to read as follows:
  (VI-A) HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH PARENTS,
REGARDING CHILDHOOD AND ADULT OBESITY, ASTHMA AND THE MITIGATION  THERE-
OF;
  S  2.  Paragraph  (a)  of subdivision 2-a of section 390 of the social
services law, as added by chapter 416 of the laws of 2000, is amended to
read as follows:
  (a) The office of children and family services shall promulgate  regu-
lations   which  establish  minimum  quality  program  requirements  for

S. 2374                            26

licensed and registered child day care homes, programs  and  facilities.
Such  requirements  shall include but not be limited to (i) the need for
age appropriate activities, materials and equipment  to  promote  cogni-
tive,  educational,  social, cultural, physical, emotional, language and
recreational development of children in care  in  a  safe,  healthy  and
caring environment (ii) principles of childhood development (iii) appro-
priate  staff/child  ratios  for family day care homes, group family day
care homes, school age day care programs and day care centers,  provided
however  that  such  staff/child ratios shall not be less stringent than
applicable staff/child ratios as set forth in part  four  hundred  four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen  of title eighteen of the New York code of rules and regulations as
of January first, two thousand (iv) appropriate levels of supervision of
children in care (v) APPROPRIATE PHYSICAL ACTIVITY,  NUTRITIONAL  OFFER-
INGS,  AND LOW CALORIE AND LOW SUGAR BEVERAGES TO LOWER THE INCIDENCE OF
CHILDHOOD  OBESITY  (VI)  minimum  standards  for  sanitation,   health,
infection  control, nutrition, buildings and equipment, safety, security
procedures, first aid, fire prevention, fire  safety,  evacuation  plans
and drills, prevention of child abuse and maltreatment, staff qualifica-
tions and training, record keeping, and child behavior management.
  S  3.  Section 390-a of the social services law is amended by adding a
new subdivision 6 to read as follows:
  6. NO FAMILY DAY CARE HOME, GROUP FAMILY DAY  CARE  HOME,  SCHOOL  AGE
CHILD  CARE  PROGRAM OR CHILD DAY CARE CENTER SHALL DISCRIMINATE AGAINST
ANY CHILD WHO IS BREAST FED OR WHO IS FED WITH EXPRESSED BREAST MILK.
  S 4. Subdivision 1 of section 224-b of the county  law,  as  added  by
chapter 575 of the laws of 1989, is amended to read as follows:
  1.  Agreements to employ and manage area program specialists. Notwith-
standing the provisions of subdivision  eight  of  section  two  hundred
twenty-four  of  this  article, two or more county cooperative extension
associations may enter into a separate agreement with Cornell university
to employ area program specialists.   Examples of  program  areas  which
could  be funded and delivered through the Cornell cooperative extension
system could include but not be limited to water  quality,  solid  waste
management,  commercial  and alternative agricultural technologies inte-
grated pest management, nutrition, diet and health, ADULT AND  CHILDHOOD
OBESITY,  ASTHMA  AND  CHRONIC RESPIRATORY ILLNESS PREVENTION, community
and rural development, housing availability  and  affordability,  family
and economic well being, and the complex problems of youth at risk. Such
annual  agreements  shall  identify  the  titles  of the positions to be
supported and the program areas for which they will provide  leadership.
Standards  for  the  employment  of  area program specialists, including
salaries, shall be established by Cornell university, through the direc-
tor of extension in consultation with county cooperative extension asso-
ciations, apart from standards for the employment of professional  staff
under  section  two  hundred  twenty-four  of this article. Area program
specialists shall, for administrative purposes, receive salary  payments
through  the  Cornell  university payroll and for such purposes shall be
deemed employees of Cornell university; provided,  however,  that  their
program  activities shall be directed and managed jointly by the partic-
ipating associations and Cornell university under the terms of the annu-
al memorandum of agreement. Area program specialists shall  be  eligible
to  receive  the  same  state or federal fringe benefits as professional
staff employed by the cooperative extension associations under the terms
of section two hundred twenty-four of this article.

S. 2374                            27

  S 5. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.
  S  3.  Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through P of this act shall  be
as specifically set forth in the last section of such Parts.

Co-Sponsors

view additional co-sponsors

S2374A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5322A
Current Committee:
Senate Agriculture
Law Section:
Public Health Law
Laws Affected:
Amd Ag & Mkts L, generally; amd Ed L, generally; amd Pub Health L, generally; add §235-h, RP L; add §91-h, St Fin L; amd §3239, Ins L; amd §§366, 390 & 390-a, Soc Serv L; amd §224-b, County L
Versions Introduced in 2011-2012 Legislative Session:
S6423A, A9394, A9394A

S2374A (ACTIVE) - Bill Texts

view summary

Enacts the "omnibus obesity and respiratory illness reduction act"; establishes a community gardens task force and provides for direct marketing of fresh vegetables and fruits in areas with a high incidence of adult and child obesity; provides for the screening for childhood obesity by elementary and secondary schools and promotes the availability of certain healthy foods and beverages; provides for the regulation of the use of trans fats and requires the provision of nutritional information by food service facilities; restricts the sale, lease, transfer or authorization of open-air schoolhouse playgrounds for certain uses; requires instruction in schools on good health practices; includes certain respiratory diseases and obesity in disease management demonstration programs; enacts provisions to reduce the incidence of certain respiratory diseases; enacts provisions to prevent in-utero exposure to tobacco smoke; provides for the use of inhalers and nebulizers by certain students; provides for residential real property smoking policies; adds weight control and schools to the health care and wellness education and outreach program; expands the collection and reporting of data on obesity in the state; directs the health research science board to study obesity and respiratory diseases; provides for expanded obesity prevention and screening; expands ease of breast feeding in child day care centers and at work; provides for nutrition counseling to pregnant teenagers; establishes the obesity and respiratory disease research and education fund; includes weight management and physical fitness in wellness programs; provides for health and nutritional education and services to teen parents; requires day care centers to provide healthy foods and exercise; directs cooperative extension to offer obesity and respiratory disease prevention programs.

view sponsor memo
BILL NUMBER:S2374A

TITLE OF BILL: An act to amend the public health law, in relation to
regulating the use of artificial trans fats and requiring food service
facilities to post or provide nutritional information on the food
products served (Part A); to amend the public health law, in relation to
in-utero exposure to tobacco smoke prevention (Part B); to amend the
public health law, in relation to including certain respiratory diseases
and obesity within disease management demonstration programs (Part C);
to amend the public health law, in relation to the reduction of emphyse-
ma, chronic bronchitis and other chronic respiratory diseases in chil-
dren (Part D); to amend the public health law, in relation to the
collection and reporting of obesity data (Part E); to amend the public
health law, in relation to directing the health research science board
to study respiratory diseases and obesity, and childhood obesity
prevention and screening (Part F); to amend the public health law, in
relation to breastfeeding of infants and the adolescent pregnancy nutri-
tion counseling program (Part G); to amend the education law, in
relation to the use of inhalers and nebulizers (Part H); to amend the
real property law, in relation to residential rental property smoking
policies (Part I); to amend the state finance law, in relation to estab-
lishing the obesity and respiratory disease research and education fund
(Part J); to amend the social services law, in relation to child day
care facilities (Part K); to amend the education law, in relation to use
of school facilities by not-for-profit and charitable organizations for
after-school programs (Part L); to amend the education law, in relation
to screening for childhood obesity and promotion of the availability of
certain foods and beverages in schools (Part M); to amend the education
law, in relation to restricting the sale, lease, transfer or authori-
zation of open-air schoolhouse playgrounds for certain uses (Part N); to
amend the education law, in relation to instruction in good health and
reducing the incidence of obesity (Part O); to amend the public build-
ings law, in relation to bicycle access to public office buildings (Part
P); to amend the agriculture and markets law and the education law, in
relation to authorizing school districts and institutions of higher
education to donate excess food to local voluntary food assistance
programs (Part Q); and to amend the insurance law and the public health
law, in relation to making actuarially appropriate reductions in health
insurance premiums in return for an enrollee's or insured's partic-
ipation in a qualified wellness program (Part R)

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to estab-
lish 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 inte-
grate current programs and laws that relate to combating childhood
obesity.

Further, this bill attempts to integrate activities that are currently
being conducted by state agencies and to encourage:

A) the Department of Health to better track areas of the state that have
high incidences of childhood obesity and encourage health care facili-
ties and health care providers to identify and treat such conditions at
an earlier time of a patient's life

B) the Financial Services Department, to 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,

C) the Education Department to better educate students and parents on
the important economic and health reasons for consuming a balanced and
nutritious diet. In addition to teaching such subjects in Health class,
the scientific reasons for the importance of having a balanced diet
should be presented in science classes such as biology and chemistry.
Further, the Department will more actively provide for more opportu-
nities for physical recreational activities to foster physical fitness
and create an environment so that students are more capable to learn
because they have "burned off" energy during recess,

D) the Office of Children and Family Services with regard to its regula-
tory powers over the provision of child care by child day care centers
should become more proactive in encouraging such centers to provide more
low calorie foods to children and encourage more physical activity. In
addition, help to increase the awareness of the problem of childhood
obesity by teenage mothers will go a long way to help reduce the inci-
dence of childhood obesity, and

E) better integrate the work of the Departments of Agriculture &
Markets, Education, and Health, and the Office of Children & Family
Services with activities conducted by local volunteer groups, health
care providers, local governments, schools and cooperative Extension
Services.

SUMMARY OF PROVISIONS: This bill is a comprehensive inter-disciplinary
approach to address the high incidence of childhood obesity in New York
State. Further, this bill amends many sections of law, so it is broken
down into Parts A through R, depending on the laws to be amended.

PART A:

Section 1: Amends Public Health Law section 206 (1) which relates to the
general powers and duties of the Commissioner of Health. This provision
adds a new subdivision to authorize that the Department of Health may
promulgate rules and regulations to restrict the use of artificial trans
fats in the preparation of certain foods served by food service estab-
lishments that offer the immediate sale of food to the general public.
Foods that DOH could regulate that have trans fat include those prepared

foods that contain vegetable shortening, margarine, or partially hydro-
genated vegetable oil in quantities above .5 grams per serving. Such
regulations cannot apply to foods that are served to the public in pack-
ages sealed by the manufacturer. Further such regulations cannot apply
to the City of New York or any other municipality that has adopted a
local law to regulate such products. This bill provision does not
mandate DOH to promulgate such rules, but establishes a framework should
the Department deem it appropriate to promulgate such regulations.

This section also authorizes DOH to establish a voluntary artificial
trans fat reduction or program. Such a program can include a public
information dissemination program to inform the public about the health
risks associated with the over consumption of foods that have signif-
icant amounts of artificial trans fats.

This section also authorizes DOH to require chain owned food service
establishments that have over 25 sites to disclose on their product
offerings the total number of calories, grams of carbohydrates, satu-
rated fats, and milligrams of sodium contained in each food offered for
sale at such establishment. Such information may, in the discretion of
the Department, be offered to the public upon request.

Section 2: This Part A shall take effect one year after this bill shall
have become law.

PART B:

Section 1: Adds a new Article 13-I to the Public Health Law to establish
a program to prevent in-utero exposure to tobacco smoke. Under this
program, health care providers, health insurers, and pregnancy programs
shall distribute information on the adverse effects of smoking during
pregnancy, both first hand and second hand smoke. In-utero exposure to
tobacco smoke leads to lower birth rates, higher incidences of asthma
and childhood obesity, and can lead to cognitive and developmental
damage to the child. Under this article, individualized smoking cessa-
tion programs would be established to help increase the success rates
for mothers who smoke tobacco or live in households where others smoke
tobacco. This program will help to reduce the incidence of asthma.

Section 2: The effective date for this provision is 180 days after it
shall have become law.

PART C:

Section 1: 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 obstruc-
tive pulmonary disease, asthma and diabetes. This provision expands the

scope of demonstration programs to include obesity, chronic bronchitis,
and other chronic respiratory diseases.

PART D:

Section 1: 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 inci-
dence of asthma, and chronic respiratory diseases to enable adults and
children to safely increase physical activity to help curb the incidence
of obesity.

Section 2: Amends Public Health Law section 2599-c that relates to the
Department's role in encouraging more school-based childhood obesity
prevention and physical activity programs. This bill adds that the
Department in advancing school-based childhood obesity prevention and
physical activity programs should cooperate with the Commissioners of
Agriculture & Markets and Education, and county boards of cooperative
extension.

PART E:

Section 1: Amends Public Health Law section 263 that relates to an
already authorized obesity study. This provision cross references a new
Public Health Law section 2500-k and the information received from the
childhood obesity prevention and screening program established pursuant
to that section of the law.

PART F:

Section 1: 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 2: 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 3: Amends Public Health Law section 2500-k to establish a child-
hood obesity prevention and screening program. This provision authorizes
the Department to establish a childhood obesity prevention and screening
program so that trends may be ascertained with regard to the incidence
and location of populations that have childhood obesity conditions. This
research information may be shared with hospitals that provide obstetric
services and pediatric primary care providers. Ultimately, this informa-
tion can be used to review and improve quality of care provided by such
health care providers.

PART G:

Section 1: Amends Public Health Law section 2505-a to add child day care
facilities to the list of facilities that must post the "statement of
rights of breast feeding mothers". The goal of this provision is to
disseminate the statement of rights of breastfeeding mothers to places
where such mothers may frequent. Studies have shown that encouraging the
breast feeding of children reduces the risk that such infants become
obese later on in life.

Section 2: Amends Public Health Law section 2505, which relates to the
general powers of the Commissioner to regulate the collection, storage
and distribution of human breast milk. This provision authorizes the
Commissioner to adopt regulations or guidelines to encourage and facili-
tate employers and child day care centers to establish environments that
do not discourage the practice of breast feeding.

Section 3: 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 preg-
nancy and child nutrition counseling for expectant mothers to help
curtail the incidence of childhood obesity.

Section 4: 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 5: 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 child-
hood and adult obesity and asthma, and the prevention or mitigation
thereof.

PART H:

Section 1: Amends Education Law section 916 to expand the number of
students who can have and use an inhaler at school to maintain appropri-
ate airflow to their lungs or suppress an asthmatic attack. The medical
community maintains that it is better to monitor and address those who
are susceptible to asthma conditions and treat such conditions before an
asthmatic attack occurs, This bill increases the number of persons who
can have and use an inhaler at school to include not only those who have
a "severe asthmatic condition", to also include those who have a "moder-
ately severe asthmatic condition" or have other potentially life-threat-
ening respiratory illnesses".

Section 2: Adds a new Education Law section 921 to authorize school
districts to posses and use nebulizers for those students that need such
treatments. As the number and severity asthma attacks increases in the
student body, it is important that such students have access not only to
their inhalers, but nebulizers as well. The bill provides safeguards to
ensure that only students that have a physician's treatment plan can use
such nebulizers on school grounds. Further, such nebulizer treatment
must be monitored by the school nurse or other person authorized by
regulation. The underlying justification to enact the provisions of Part
I is that if students are not able to engage in physical activity
because of restricted breathing patterns and asthma, any treatment that
encourages such students to maintain physical activity may help to
reduce the incidence of childhood obesity.

PART I:

Section 1: Adds Real Property Law section 235-h to require that every
rental agreement for an apartment in a building that has 20 units or
more must disclose the smoking policy of such building. The landlord is
still free to either fully ban, partially ban, or generally permit smok-
ing in such building's apartments and common areas. It is the purpose of
this section to encourage landlords to think about the building's smok-
ing policy and to give tenants notice of such policies. This in turn may
encourage non-smoker tenants to seek out apartment buildings that have a
no smoking policy and encourage landlords to at least minimize smoke
exposure to those tenants who do not smoke to increase the marketability
of their apartments. While this bill is a comprehensive bill to address
adult and childhood obesity issues, there is a correlation between those
who are exposed, either voluntary or otherwise, to first and second hand
tobacco smoke, and asthma and the incidence of obesity. It would be
difficult to address obesity and asthma issues without looking at the
incidence of tobacco smoking and exposing, particularly children, to
such conditions that can trigger asthma attacks and increase the inci-
dence of obesity conditions generally because children are not able to
conduct physical activity to maintain a proper weight.

PART J:

Section 1: Adds a new State Finance Law section 91-h to establish the
Obesity and Respiratory Disease Research Fund. This fund is established
to support the financing of projects and research provided for in PHL
sections 2411, 2500, and 2500-k.

PART K:

Section 1: Amends Social Services Law section 390(2-a) to authorize the
Office of Children and Family Services may promulgate rules and regu-
lations on appropriate levels of physical activity, nutritional offer-
ings, and low calorie foods and beverages to lower the incidence of
childhood obesity for child day care homes, programs, and facilities.

Section 2: Amends Social Services Law section 390-a to prohibit any
family day care home, group family day care home, or school age child
care program or child day care center to discriminate against any child
who is breast fed or who is fed with expressed breast milk.

PART L:

Section 1: Amends the Education Law to add a new section 414(1) (1) to
authorize school districts to permit not-for-profit and charitable
organizations to sponsor after school programs on school grounds that
provide educational instruction or physical education.

Section 2: Amends Education Law section 414(2) to permit such school
districts to provide such school space at either no or a minimal fee as
long as educational or physical education programs are being provided.

Sections 3 and 4: Amends both Education Law sections 2590-h (27) to add
to the authority of the Chancellor of the New York City School District
the authority to allow a not-for-profit or charitable organization to
offer after school programs on school grounds as long as such programs
provide some form of educational programming or physical education. The
District may charge no or a minimal fee as long as such programs are
educational or promote physical fitness.

PART M:

Section 1: Amends Education Law section 901 which relates to school
health services to be provided. This section expands the types of
services that can be provided by school health services to include exam-
ining students for the existence, in addition to diseases or disabili-
ties, to include childhood obesity as defined pursuant to existing
Education Law standards contained in section 904.

Section 2: Amends Education Law section 903 to add that school health
exams may include a diabetes risk analysis if such child has risk
factors for type 1 or type 2 diabetes, such as obesity, family history
of type 2 diabetes, or other factors that heighten the risk of diabetes.

Section 3: Amends Education Law section 904 which relates to examina-
tions by health appraisal to include obesity.

Section 4: Amends Education Law section 912 which relates to health and
welfare services to all children, may also include childhood obesity
screening.

Section 5: Amends Education Law section 918 (4) and (5) which relates to
the formation of school district nutrition advisory committees. Under
this provision, such advisory committees can study and make recommenda-
tions on current nutritional policies of the school district to reduce
the incidence of childhood obesity. Further, such advisory committees
can make recommendations on educational information that can be provided
to parents and guardians of students regarding healthy nutrition and
health risks associated with asthma, chronic bronchitis, and other
chronic respiratory diseases. Provided further, make recommendations to
teachers and other staff as to the dangers of childhood obesity.

Section 6: This Part M shall take effect 2 years after it shall have
become law.

PART N:

Section 1: Amends Education Law section 2556(5) to add a new sentence to
encourage certain secondary and primary schools in New York City to
provide for other types of recreational play spaces if existing play-
grounds are subsequently used for school construction or siting of
temporary classroom units. Under current law, Section 2556(5) requires
open-air playgrounds be attached to all schoolhouses constructed in the
city of New York. The purpose of this provision is to encourage the
retention of adequate outdoor playground space for New York City school
children. Further, that if existing playgrounds are sold, leased, trans-
ferred or used for school building construction in a way that eliminates
such playground space, that the school establish a plan to secure suit-
able and adequate playground space for the physical recreation needs of
such pupils.

PART O:

Section 1: Amends Education Law section 803 (1) and (5) which relates to
the instruction of physical education in all elementary and secondary
schools to foster the increased overall physical fitness and good health
of its students and to foster a reduction in the incidence of childhood
obesity. Further, it encourages the regents to ensure that all students
in elementary and secondary schools have daily physical activity to
increase their physical wellbeing and to increase their ability to
absorb what is being taught in school.

Section 2: Amends Education Law section 804(1) to alter the material
taught in health, physical education, and appropriate science classes to
include information on the health risks associated with childhood obesi-
ty and ways to combat the incidence of childhood obesity.

Section 3: Amends Education Law section 804-a which relates to the
comprehensive School Health Education Demonstration Program. These
demonstration programs can be established by individual schools for the
development, implementation, evaluation, validation, and replication of
exemplary comprehensive health education programs. This bill expands
this demonstration program to include conveying knowledge to students on
a host of social conditions to include in addition to adolescent preg-
nancy, alcohol abuse, truancy, suicide, and substance abuse to also
include obesity, asthma, or other chronic respiratory diseases.

Section 4: Amends Education Law section 813 to ensure that during a
primary and secondary student's lunch period that ample time is devoted
so that such student can consume his lunch and have time to engage in
physical exercise or recreation.

PART P:

Section 1: Amends section 11 of the public buildings law to expand on
the existing bicycle parking pilot program at state office buildings in
Albany, New York.

Subdivision 1 recognizes the role in which bicycles can serve as valu-
able transportation mode with energy conservation, health, physical
fitness, and environmental benefits and declares it the official policy
of the state to provide for adequate and safe bicycle facilities,
including the use of present facilities for safe and secure bicycle
parking and storage, be included in the planning, development,
construction or re-construction of all state facilities.

Subdivision 2 clarifies the role of the commissioner of general services
in undertaking a program for the provision and promotion of safe and
secure bicycle parking facilities at state office buildings for state
employees and visitors at such buildings. Within two years of the effec-
tive date, the commissioner must make an inventory of all existing bicy-
cle parking and storage facilities at all state office buildings in
which the state leases or occupies space and which have over 50 state
employees or in which the visitation rate by the general public is an
average of over 500 visitors per month.

Subdivision 3 explains that, once the inventory has been completed, the
commissioner has 18 months to develop a plan to expand bicycle parking
and storage facilities to encourage the use of such facilities by state
employees and the general public. To encourage the use of bicycles by
state employees and visitors, the plan must contain and address the
following elements: (a) the inventory must be ranked from highest to
lowest based on existing unfulfilled demand while considering increased
future demand; (b) in urban settings, a plan must be developed to secure
ample covered and uncovered off street or alternate indoor parking and
storage; (c) adequate posting must be provided to encourage utilization
of parking and storage facilities; (d) a marketing plan and community
outreach effort must be provided; and (e) other elements as the commis-
sioner deems appropriate.

Subdivision 4 stipulates the role of the office of general services
(OGS) in consulting and cooperating with the NYSDOT regional bicycle
coordinator, local bicycle planning groups, and other organizations
interested in the study. All other departments, divisions, boards,
bureaus or commissions must help the office carry out its responsibil-
ities by providing assistance and data Upon request.

Subdivision 5 lays forth the requirement for bicycle parking or storage
space to comply with any applicable building and fire codes.

Subdivision 6 establishes a temporary bicycle commuting task force to
examine the development of sheltered bicycle parking in public spaces.
The task force shall be comprised of ten members, five of which are
appointed by the governor, and the other five by various members of the
New York State Legislature. The chairperson of the task force shall be
the commissioner of general services; members of the task force shall
serve without compensation and meet when deemed necessary by the chair.

Within 18 months of its establishment, the task force shall issue a
report to the governor and offer suggestions on expanding the OGS to
local, municipal, and private office buildings. The report shall be
posted the website of each state agency involved, and the task force
shall cease to exist after 3 months after the issuance of its report.

By building on New York's existing pilot program, the bill expands park-
ing and storage facilities to support bicycle commuters and visitors of
public office buildings. The measure is intended to improve public
health and physical fitness, reduce carbon emissions, provide a cheaper
commute and build towards a sustainable transportation infrastructure.

PART Q:

Section 1: Amends Agriculture and Markets Law section 16 to authorize
the Commissioner of Agriculture and Markets to cooperate with the
Commissioner of Education in developing guidelines for a voluntary
program to coordinate the donation of excess, unused, edible food
derived from school meal programs to voluntary food assistance programs
for the poor and disadvantaged, including community food pantries, soup
kitchens, and other community or not-for-profit organizations that
distribute food.

Section 2: Adds a new Education Law section 305 (32) to ask the Commis-
sioner of Education to develop voluntary guidelines to encourage and
facilitate the ability of school districts and institutions of higher
learning to donate excess, unused, edible food from meals served at such
facilities to local voluntary food assistance programs. To minimize any
potential mandates on school districts, and the Department of Education,
all that is being asked to be done is to establish some form of channel
of communication between such educational institutions and nearby volun-
tary food assistance programs for the poor or disadvantaged so that if
it is advantageous, that surplus food can be donated to the poor. This
section also interrelates the communication between schools and food

pantries with the farm-to-school program and the New York Harvest for
New York Kids week program, which already is a line of communication on
food and nutrition between the schools and Agriculture and Markets.

The United States Department of Agriculture (USDA) has encouraged the
creation of programs that collect food that would otherwise be discarded
and donate it to voluntary feeding programs such as food pantries and
soup kitchens. There are existing efforts to collect food leftovers from
food service operations such as restaurants, fundraising dinners, corpo-
rate lunchrooms and even airlines. school meal programs are also poten-
tial donors. There is funding for food gleaning through the Department
of Health's Hunger Prevention Nutrition Assistance Program (HPNAP) which
provides State support for emergency food programs.

Schools are required to carefully plan menus to meet the nutritional
needs of children and minimize food waste. However, at times when there
is bad weather or high absenteeism or other unusual circumstances there
may be significant unserved food that could be used by emergency food
programs. Nearly 2 million school lunches and breakfasts are served
every day in New York State.

PART R:

Section 1: Amends Insurance Law section 3231 to permit insurers and HMOs
that offer individual or small group insurance policies to offer an
actuarially appropriate premium discount or other benefits or enhance-
ments to those individuals that participate in a qualified wellness
program. Such qualified wellness program must be approved by the Finan-
cial Services Department. Further, such qualified Wellness program can
be either a risk management system that identifies at-risk populations
or any other systematic program or course of medical conduct which helps
to promote physical and mental fitness, helms to prevent or mitigate
acute or chronic sickness, disease or pain, or which minimizes adverse
health consequences due to lifestyle. To protect all covered persons,
the insurer or HMO shall not require specific medical outcomes as a
result of an insured's adherence to the approved wellness program.

Section 2: Amends Insurance Law section 3239 which relates to Wellness
Programs that can be sponsored by a health insurance plan. This
provision expands the kinds of Wellness Programs that are covered under
the Insurance Law to include substance or alcohol abuse cessation
programs and programs to manage and cope with chronic pain. In addi-
tion, the bill expands and provides for the full or partial reimburse-
ment for the cost of participating in programs that are already current-
ly authorized under this provision of the law, such as programs related
to stress and or hypertension, worker injury prevention and nutrition
education.

Section 3: Amends Insurance Law section 4235(h) to permit insurers and
HMOs that offer accident and health insurance (large group policies) to
offer an actuarially appropriate premium discount or other benefits or

enhancements to those persons that participate in a qualified wellness
program approved by the Superintendent.

Section 4: Amends Insurance Law section 4317 to permit Article 43 insur-
ers and HMOs that offer individual or small group contracts to offer,
subject to the approval of the Superintendent, an actuarially appropri-
ate premium discount or other enhancements to those persons that partic-
ipate in a qualified wellness program.

Section 5: Amends insurance Law section 4326 to permit insurers and HMOs
that offer the subsidized "Healthy New York" policies to offer an actu-
arially appropriate premium discount or other enhancements to those
persons that participate in a qualified wellness program.

Section 6: Amends Public Health Law section 4405 to provide for the same
actuarially appropriate reduction in HMO health policies for those who
participate in a Qualified wellness program.

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, chil-
dren 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 substan-
tial 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 communi-
ties. Further, obesity is known to cause or exacerbate a number of seri-
ous 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. Obesi-
ty ranks only second to smoking as a preventable cause of death. Unfor-
tunately, 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 qual-
ity of life of such persons and their families.

The provisions of this bill are derived from a report by the Independent
Democratic Conference entitled "Childhood Obesity: Mitigation and

Prevention in the State of New York". This report outlines the trends of
the increasing incidence of childhood obesity, some of the causes of
this increase, and suggested courses of action that can be taken to help
reduce this ever increasing public health problem. It is important for
state agencies such as the Departments of Health, Education, Agriculture
& Markets, and Financial Services, 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 facili-
ties, child day care centers, insurers, and community groups to provide
a coordinated way to address this problem.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 6423 - Referred to Agriculture

EFFECTIVE DATE: See relevant sections at the end of each Part of this
bill.

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

                                 2374--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, ADDABBO, CARLUCCI, HANNON, HASSELL-THOMPSON,
  PARKER, SAVINO, STAVISKY -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Agriculture -- recommitted
  to the Committee on Agriculture in accordance with Senate Rule 6, sec.
  8  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public health law, in relation to regulating the use
  of artificial trans fats and requiring food service facilities to post
  or provide nutritional information on the food products  served  (Part
  A);  to  amend the public health law, in relation to in-utero exposure
  to tobacco smoke prevention (Part B); to amend the public health  law,
  in  relation  to  including  certain  respiratory diseases and obesity
  within disease management demonstration programs (Part  C);  to  amend
  the  public  health  law,  in  relation to the reduction of emphysema,
  chronic bronchitis and other chronic respiratory diseases in  children
  (Part  D);  to  amend  the  public  health  law,  in  relation  to the
  collection and reporting of obesity data (Part E); to amend the public
  health law, in relation to directing the health research science board
  to study respiratory  diseases  and  obesity,  and  childhood  obesity
  prevention  and screening (Part F); to amend the public health law, in
  relation to breastfeeding of  infants  and  the  adolescent  pregnancy
  nutrition  counseling program (Part G); to amend the education law, in
  relation to the use of inhalers and nebulizers (Part H); to amend  the
  real  property law, in relation to residential rental property smoking
  policies (Part I); to amend the state  finance  law,  in  relation  to
  establishing  the  obesity and respiratory disease research and educa-
  tion fund (Part J); to amend the social services law, in  relation  to
  child  day  care  facilities  (Part K); to amend the education law, in
  relation to use of school facilities by not-for-profit and  charitable
  organizations  for after-school programs (Part L); to amend the educa-
  tion law, in relation to screening for childhood obesity and promotion
  of the availability of certain foods and beverages  in  schools  (Part
  M);  to  amend the education law, in relation to restricting the sale,
  lease, transfer or authorization of open-air  schoolhouse  playgrounds

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06771-05-4

S. 2374--A                          2

  for  certain uses (Part N); to amend the education law, in relation to
  instruction in good health and reducing the incidence of obesity (Part
  O); to amend the public buildings law, in relation to  bicycle  access
  to  public  office  buildings  (Part  P); to amend the agriculture and
  markets law and the education law, in relation to  authorizing  school
  districts  and  institutions of higher education to donate excess food
  to local voluntary food assistance programs (Part Q); and to amend the
  insurance law and the public health law, in relation to making actuar-
  ially appropriate reductions in health insurance  premiums  in  return
  for  an  enrollee's or insured's participation in a qualified wellness
  program (Part R)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "omnibus obesity and respiratory illness reduction act".
  S 2. This act enacts into law major components  of  legislation  which
combat  the  incidence  of  adult  and  child  obesity  and  respiratory
diseases, and encourage the production and consumption of  fresh  fruits
and vegetables. Each component is wholly contained within a Part identi-
fied  as  Parts  A  through  R.  The  effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found.   Section four of this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding two new paragraphs (u) and (v) to read as follows:
  (U) (I) BY RULE OR REGULATION, MAY REQUIRE FOOD SERVICE ESTABLISHMENTS
INCLUDING, BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS,  DELIS,  BAKER-
IES,  ELEMENTARY  AND  SECONDARY SCHOOLS, HOSPITALS, MOBILE FOOD SERVICE
VEHICLES AND CARTS, AND CHILD CARE FACILITIES,  THAT  PREPARE,  SELL  OR
SERVE  FOOD FOR IMMEDIATE CONSUMPTION BY THE GENERAL PUBLIC, TO RESTRICT
THE USE OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF SUCH FOOD. FOR THE
PURPOSES OF THIS PARAGRAPH, THE TERM "ARTIFICIAL TRANS  FAT"  MEANS  ANY
FOOD THAT IS LABELED, AND WHICH LISTS AS AN INGREDIENT OR CONTAINS VEGE-
TABLE  SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGE-
TABLE OIL; PROVIDED, HOWEVER, THAT ANY  FOOD  WITH  A  NUTRITIONAL  FACT
LABEL  OR  OTHER  DOCUMENTATION FROM A MANUFACTURER LIST STATING A TRANS
FAT CONTENT OF LESS THAN .5 GRAMS PER SERVING SHALL  NOT  BE  DEEMED  TO
CONTAIN ARTIFICIAL TRANS FAT. SUCH RULES AND REGULATIONS SHALL NOT APPLY
TO  ANY FOOD SERVED DIRECTLY TO THE GENERAL PUBLIC IN THE MANUFACTURER'S
ORIGINAL SEALED PACKAGE. FURTHERMORE, SUCH RULES AND  REGULATIONS  SHALL
NOT  APPLY  TO  ANY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD COMMISSARY
THAT IS SUBJECT TO ANY LOCAL LAW, ORDINANCE, CODE OR RULE THAT REGULATES
THE USE OR DISCLOSURE OF ARTIFICIAL TRANS FATS BY  FOOD  SERVICE  ESTAB-
LISHMENTS.
  (II)  THE  COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED

S. 2374--A                          3

TO, THE FOLLOWING COMPONENTS: (A)  A  PUBLIC  INFORMATION  DISSEMINATION
PROGRAM  TO  INFORM  THE  PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD  PREPA-
RATION  METHODS  THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND
THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE  OF  ARTIFICIAL  TRANS
FATS.
  (V)  (I)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (A) "FOOD SERVICE FACILITY" MEANS A  FOOD  SERVICE  ESTABLISHMENT,  AS
DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
OR  CONTROL  WITH AT LEAST TWENTY-FIVE OTHER FOOD SERVICE ESTABLISHMENTS
WITH THE SAME NAME IN THE STATE THAT OFFER FOR  SALE  SUBSTANTIALLY  THE
SAME  MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT COMPANY
WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
  (B) "NUTRITIONAL INFORMATION" MAY INCLUDE THE FOLLOWING, PER  STANDARD
MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
  (I) TOTAL NUMBER OF CALORIES.
  (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
  (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
  (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
  (C)  "POINT  OF  SALE"  MEANS  THE LOCATION WHERE A CUSTOMER PLACES AN
ORDER.
  (D) IN CALCULATING NUTRITIONAL INFORMATION, A  FOOD  SERVICE  FACILITY
MAY  USE  ANY  REASONABLE  MEANS RECOGNIZED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD  MENU
ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
  (II)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILITY
TO  DISCLOSE  THE NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B) OF THIS
SUBPARAGRAPH.
  (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
DISCLOSE THE NUTRITIONAL INFORMATION IN A CLEAR AND  CONSPICUOUS  MANNER
AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
  S  2. This act shall take effect one year after it shall have become a
law, provided that, effective immediately,  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.

                                 PART B

  Section 1. The public health law is amended by adding  a  new  article
13-I to read as follows:
                              ARTICLE 13-I
              IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
        1399-YY. PROGRAMS.
  S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
HEALTHCARE  INSURER  AND  PREGNANCY  PROGRAM IS ENCOURAGED TO DISTRIBUTE
INFORMATION ON THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR  BOTH
FIRSTHAND  AND  SECONDHAND  SMOKE.  SUCH  ADVERSE  EFFECTS TO THE INFANT
INCLUDE LOWER BIRTH RATES, HIGHER INCIDENCE OF ASTHMA AND  OBESITY,  AND
COGNITIVE AND DEVELOPMENTAL DAMAGE.
  2.  EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION  OF  QUITTING  SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.

S. 2374--A                          4

  S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
TOBACCO  CONTROL  PROGRAMS  FOR  PREGNANT  WOMEN  OR  TO OTHER PREGNANCY
RELATED PROGRAMS:
  1. CARBON MONOXIDE MONITORING;
  2.  DEPRESSION,  SOCIAL  SUPPORT  AND  DOMESTIC VIOLENCE SCREENING AND
REFERRALS;
  3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
  4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
  5. FINANCIAL INCENTIVES SUCH AS DIAPER COUPONS FOR QUITTING  FOR  MORE
THAN FOUR WEEKS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law. Provided, that effective immediately the
commissioner of health is authorized and directed to promulgate any  and
all  rules  and  regulations,  and  take any other measures necessary to
implement the provisions of this act on its effective date.

                                 PART C

  Section 1. 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

S. 2374--A                          5

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
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 2. This act shall take effect immediately.

                                 PART D

  Section  1.    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, IN COORDINATION  WITH
THE   PUBLIC   INFORMATION  PROVIDED  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-K OF THIS ARTICLE, targeted  to  children  and  adolescents  and
their  parents  and  caregivers that emphasize increasing consumption of
low-calorie, high-nutrient foods, decreasing consumption  of  high-calo-
rie,  low-nutrient  foods  and  increasing physical activity 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-

S. 2374--A                          6

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;
  (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 ACCORDANCE WITH SECTION  TWENTY-
FIVE HUNDRED-K OF THIS ARTICLE, in coordination with health care provid-
ers  and  institutions including but not limited to day care centers and
schools for overweight and obesity for children aged two  through  eigh-
teen  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 explanation
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 2. 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 3. This act shall take effect immediately.

                                 PART E

  Section  1.  Section 263 of the public health law, as added by chapter
538 of the laws of 2002, is amended to read as follows:
  S 263. Department authorized to study obesity - report. 1. The depart-
ment is authorized to sample and collect data on individual cases  where
obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED-K OF THIS CHAPTER, and to analyze such data in order
to  evaluate  the  impact  of treating obesity. Such data collection and
analysis shall include the following:
  a. The effectiveness of existing methods for  treating  or  preventing
obesity;

S. 2374--A                          7

  b.  The  effectiveness of alternate methods for treating or preventing
obesity;
  c. The fiscal impact of treating or preventing obesity;
  d.  The compliance and cooperation of patients with various methods of
treating or preventing obesity; or
  e. The reduction in serious medical problems associated with  diabetes
that results from treating or preventing obesity.
  2.  The  department  is  authorized to fund the research authorized in
subdivision one of this section AND  SECTION  TWENTY-FIVE  HUNDRED-K  OF
THIS CHAPTER from gifts, grants, and donations from individuals, private
organizations,  foundations,  or  any  governmental unit; except that no
gift, grant, or donation may be accepted by  the  department  if  it  is
subject to conditions that are inconsistent with this title or any other
laws  of  this  state. The department shall have the power to direct the
disposition of any such gift, grant, or donation  for  the  purposes  of
this title.
  3.  After  completion of the research authorized in subdivision one of
this section, the department shall submit a report and supporting  mate-
rials to the governor and the legislature by June first of the following
year AND UPDATE SUCH REPORT EVERY THREE YEARS.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.    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 2. 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

S. 2374--A                          8

of mothers and children for which funds are or shall hereafter  be  made
available.
  S  3.  The public health law is amended by adding a new section 2500-k
to read as follows:
  S 2500-K. CHILDHOOD OBESITY PREVENTION AND SCREENING.  1.  LEGISLATIVE
DECLARATION.  THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES THAT
OBESITY, PARTICULARLY CHILDHOOD OBESITY, IS A  SERIOUS  MEDICAL  PROBLEM
AND  THAT  THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE CURTAILED TO
IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE  THE
COST  OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT THE
LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
  2. THE COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC  PRIMARY  CARE
PROVIDERS  AND  HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE EARLY SCREEN-
ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
OR MAY BECOME SUSCEPTIBLE TO CONTRACTING  ASTHMA  OR  MANIFEST  TO  HAVE
CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
FEDERAL  DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH AND
HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
  3. THE DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN  ALL  HOSPITALS
WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
EACH  AFFILIATE  HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S NETWORK TO
THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-
MATION SHALL INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH  AS  MEDICAL
RECORD NUMBER.
  4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
TO  RELEASE  UNDER  ARTICLE  SIX  OF  THE PUBLIC OFFICERS LAW, AND WHERE
APPLICABLE, SHALL  BE  SUBJECT  TO  THE  CONFIDENTIALITY  PROVISIONS  OF
SECTION  TWENTY-EIGHT  HUNDRED  FIVE-M  OF THIS CHAPTER, EXCEPT THAT THE
RELEASE OF BIRTH CERTIFICATE INFORMATION SHALL  BE  SUBJECT  TO  SECTION
FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  5.  THE  COMMISSIONER  MAY  RELEASE  INFORMATION COLLECTED THROUGH THE
STATEWIDE  PERINATAL  DATA  SYSTEM,  PURSUANT  TO  SECTION   TWENTY-FIVE
HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
ING  PERSONS  OR  ENTITIES  UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW
QUALITY OF CARE ISSUES, AS RELATED TO THE PROVISIONS  OF  THIS  SECTION,
AND  TO  CONDUCT  QUALITY  IMPROVEMENT INITIATIVES AS NEEDED TO MONITOR,
EVALUATE AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR  PERSON
OR  ENTITY  UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY OF CARE
ISSUES SHALL MAINTAIN THE CONFIDENTIALITY OF ALL  SUCH  INFORMATION  AND
SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
MENT,  AND  TO  IMPLEMENT THE PROVISIONS OF TITLE FIVE OF ARTICLE TWO OF
THIS CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE  LAWS
OF TWO THOUSAND TWO.
  6.  THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS ON
CHILDHOOD OBESITY AND ASTHMA RISKS AND PRECAUTIONS. SUCH  MATERIALS  MAY
BE  MADE  AVAILABLE  TO  CHILD  CARE CENTERS, PEDIATRICIANS AND NURSERY,
ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
RELATION TO CHILDREN, AND  TO  HOSPITALS,  BIRTHING  CENTERS  AND  OTHER
APPROPRIATE   HEALTH   CARE  PROVIDERS  FOR  DISTRIBUTION  TO  MATERNITY
PATIENTS. IN ADDITION, SUCH MATERIALS MAY BE  PROVIDED  TO  HEALTH  CARE

S. 2374--A                          9

PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
UTION  TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE DEPARTMENT
MAY ALSO PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA  RISKS  AND
PRECAUTIONS  ON  THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION OF THIS
SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
OF EDUCATIONAL  MATERIALS  RELATING  THERETO  PRODUCED  BY  ANY  PUBLIC,
PRIVATE  OR  GOVERNMENTAL ENTITY, IN LIEU OF THE DEPARTMENT'S PRODUCTION
OF SUCH MATERIALS.
  7. THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON  OBESITY
AND  ASTHMA  IN CHILDREN AND UPDATE THE INFORMATION ON CHILDHOOD OBESITY
AND ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS  EDUCATIONAL
MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
  S 4. This act shall take effect immediately.

                                 PART G

  Section 1.  Section 2505-a of the public health law, as added by chap-
ter 292 of the laws of 2009, is amended to read as follows:
  S  2505-a.  Rights of breastfeeding mothers. 1. The principles enunci-
ated in subdivision three of this section are declared to be the  public
policy  of  the  state  and  a copy of such statement of rights shall be
posted conspicuously in a public place  in  each  maternal  health  care
facility  AND  CHILD  DAY CARE FACILITY.   For purposes of this section,
"maternal health care provider" means a  physician,  midwife,  or  other
authorized practitioner attending a pregnant woman; and "maternal health
care  facility"  includes  hospitals  and  freestanding birthing centers
providing perinatal services in accordance with article twenty-eight  of
this chapter and applicable regulations.
  2. The commissioner shall make available to every maternal health care
provider [and], maternal health care facility AND CHILD DAY CARE FACILI-
TY,  on  the  health department's website for the purpose of health care
facilities to include such rights in the maternity  information  leaflet
as  described in section twenty-eight hundred three-j of this chapter, a
copy of the statement of rights provided in subdivision  three  of  this
section  in the top six languages other than English spoken in the state
according to the latest available data from the U.S. Bureau  of  Census,
and  shall adopt any rules and regulations necessary to ensure that such
patients are treated in accordance with the provisions  of  such  state-
ment.
  3. The statement of rights shall consist of the following:
                 "Breastfeeding Mothers' Bill of Rights"
  Choosing  the  way you will feed your new baby is one of the important
decisions you will make in preparing for your infant's arrival.  Doctors
agree  that  for most women breastfeeding is the safest and most healthy
choice. It is your right to be informed about the  benefits  of  breast-
feeding  and  have your health care provider [and], maternal health care
facility AND CHILD DAY CARE FACILITY encourage and  support  breastfeed-
ing.  You  have  the  right to make your own choice about breastfeeding.
Whether you choose to breastfeed or not you  have  the  following  basic
rights  regardless  of  your race, creed, national origin, sexual orien-
tation, gender identity or expression, or source  of  payment  for  your
health  care.  Maternal  health care facilities have a responsibility to
ensure that you understand these rights. They must provide this informa-
tion clearly for you and must provide an interpreter if necessary. These
rights may only be limited in cases where your health or the  health  of
your  baby requires it. If any of the following things are not medically

S. 2374--A                         10

right for you or your baby, you should be fully informed  of  the  facts
and be consulted.
(1)  Before  You  Deliver,  if  you attend prenatal childbirth education
classes provided by the maternal health care facility and  all  hospital
clinics and diagnostic and treatment centers providing prenatal services
in  accordance with article 28 of the public health law you must receive
the breastfeeding mothers' bill of rights.  Each  maternal  health  care
facility  shall provide the maternity information leaflet, including the
Breastfeeding Mothers' Bill of Rights, in accordance with section  twen-
ty-eight  hundred  three-i  of  this  chapter  to each patient or to the
appointed personal representative at the time of prebooking or  time  of
admission  to a maternal health care facility. Each maternal health care
provider shall give a copy of the Breastfeeding Mothers' Bill of  Rights
to each patient at or prior to the medically appropriate time.
  You  have  the  right  to  complete  information about the benefits of
breastfeeding for yourself and your baby. This will  help  you  make  an
informed choice on how to feed your baby.
  You  have  the right to receive information that is free of commercial
interests and includes:
  *  How  breastfeeding  benefits  you  and  your  baby   nutritionally,
medically and emotionally;
  * How to prepare yourself for breastfeeding;
  * How to understand some of the problems you may face and how to solve
them.
(2) In The Maternal Health Care Facility:
  * You have the right to have your baby stay with you right after birth
whether you deliver vaginally or by cesarean section. You have the right
to begin breastfeeding within one hour after birth.
  *  You  have  the right to have someone trained to help you in breast-
feeding give you information and help you when you need it.
  * You have the right to have your baby not receive any bottle  feeding
or pacifiers.
  *  You  have the right to know about and refuse any drugs that may dry
up your milk.
  * You have the right to have your baby in your room with you 24  hours
a day.
  * You have the right to breastfeed your baby at any time day or night.
  *  You  have the right to know if your doctor or your baby's pediatri-
cian is advising against breastfeeding before any feeding decisions  are
made.
  *  You have the right to have a sign on your baby's crib clearly stat-
ing that your baby is breastfeeding and that no bottle  feeding  of  any
type is to be offered.
  *  You  have  the  right to receive full information about how you are
doing with breastfeeding and get help on how to improve.
  * You have the right to breastfeed your baby in the neonatal intensive
care unit. If nursing is not possible, every attempt  will  be  made  to
have your baby receive your pumped or expressed milk.
  * If you, or your baby, are re-hospitalized in a maternal care facili-
ty  after the initial delivery stay, the hospital will make every effort
to continue to support breastfeeding, to provide hospital grade electric
pumps and rooming in facilities.
  * You have the right to have help from someone  specially  trained  in
breastfeeding  support  and  expressing  breast  milk  if  your baby has
special needs.

S. 2374--A                         11

  * You have the right to have a family member or friend receive breast-
feeding information from a staff member if you request it.
(3) When You Leave The Maternal Health Care Facility:
  *  You  have  the  right  to printed breastfeeding information free of
commercial material.
  * You have the right, unless specifically requested by you, and avail-
able at the  facility,  to  be  discharged  from  the  facility  without
discharge  packs  containing  infant  formula, or formula coupons unless
ordered by your baby's health care provider.
  * You have the right to get information about breastfeeding  resources
in your community including information on availability of breastfeeding
consultants, support groups and breast pumps.
  * You have the right to have the facility give you information to help
choose a medical provider for your baby and understand the importance of
a follow-up appointment.
  *  You  have  the right to receive information about safely collecting
and storing your breast milk.
  * You have the right to breastfeed your baby in any  location,  public
or  private, where you are otherwise authorized to be. Complaints can be
directed to the New York State Division of Human Rights.
  * YOU HAVE A RIGHT TO BREASTFEED YOUR BABY AT YOUR PLACE OF EMPLOYMENT
OR CHILD DAY CARE CENTER IN AN  ENVIRONMENT  THAT  DOES  NOT  DISCOURAGE
BREASTFEEDING OR THE PROVISION OF BREAST MILK.
  All  the  above  are your rights. If the maternal health care facility
does not honor these rights you can seek help by contacting the New York
state department of health  or  by  contacting  the  hospital  complaint
hotline or via email.
  4.  The  commissioner  shall  make regulations reasonably necessary to
implement this section.
  S 2. Section 2505 of the public health law, as added by chapter 479 of
the laws of 1980, is amended to read as follows:
  S 2505. Human  breast  milk;  collection,  storage  and  distribution;
general  powers  of  the  commissioner.    The  commissioner  is  hereby
empowered to:
  (a) adopt regulations and guidelines including,  but  not  limited  to
donor  standards,  methods of collection, and standards for storage, and
distribution of human breast milk;
  (b) conduct educational activities to inform  the  public  and  health
care  providers  of  the  availability  of human breast milk for infants
determined to require such milk and to inform potential  donors  of  the
opportunities for proper donation;
  (c)  ADOPT  REGULATIONS  AND  GUIDELINES  TO  ENCOURAGE AND FACILITATE
EMPLOYERS AND CHILD DAY CARE CENTERS TO ESTABLISH ENVIRONMENTS  THAT  DO
NOT  DISCOURAGE  BREASTFEEDING  AND  THE  PROVISION OF BREAST MILK. SUCH
ENVIRONMENTS SHALL INCLUDE SANITARY LOCATIONS FOR BREASTFEEDING,  REFRI-
GERATORS,  AND  TRAINED  STAFF  TO  ASSIST  IN BREASTFEEDING AND FEEDING
BABIES WITH EXPRESSED BREAST MILK;
  (D) COLLECT AND COMPILE DATA ON THE PREVALENCE OF BREASTFEEDING IN THE
STATE AND THE HEALTH CONDITION OF CHILDREN FED BREAST MILK IN COMPARISON
TO THOSE WHO WERE NOT; AND
  (E) establish rules and regulations to effectuate  the  provisions  of
this section.
  S  3. 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:

S. 2374--A                         12

  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  4.  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 5. 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 6. This act shall take effect immediately.

                                 PART H

  Section 1. Section 916 of the education law, as amended by chapter 524
of the laws of 2006, is amended to read as follows:
  S 916. Pupils afflicted with asthma OR OTHER POTENTIALLY  LIFE-THREAT-
ENING RESPIRATORY ILLNESSES.  The board of education or trustees of each
school  district  and  board  of  cooperative educational services shall
allow pupils who have been  diagnosed  by  a  physician  or  other  duly
authorized health care provider with a severe OR MODERATELY SEVERE asth-
matic   condition  OR  OTHER  POTENTIALLY  LIFE-THREATENING  RESPIRATORY
ILLNESS to carry and use a prescribed inhaler  during  the  school  day,
with  the  written  permission  of  a physician or other duly authorized
health care provider, and parental consent, based on such physician's or
provider's determination that such pupil is subject to sudden  asthmatic
attacks  [severe  enough to] THAT CAN debilitate such pupil. A record of
such permission shall be maintained in the school office.  In  addition,
upon the written request of a parent or person in parental relation, the
board of education or trustees of a school district and board of cooper-
ative  educational services shall allow such pupils to maintain an extra
such inhaler in the care and custody of a registered professional  nurse
OR  OTHER  DESIGNATED  RESPONSIBLE  PERSON  employed by such district or
board of cooperative educational services.    Nothing  in  this  section
shall  require  a  school  district  or board of cooperative educational
services to retain a school nurse  solely  for  the  purpose  of  taking
custody  of a spare inhaler, or require that a school nurse be available
at all times in a school building for such purpose.
  S 2. The education law is amended by adding a new section 921 to  read
as follows:
  S 921. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE NEBU-

S. 2374--A                         13

LIZERS IN THE OFFICE OF THE SCHOOL NURSE  OR  IN  A  SIMILAR  ACCESSIBLE
LOCATION.
  2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
MAY PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF  ASTHMA  MEDICATION
THROUGH  THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON AUTHORIZED
BY REGULATION. THE REGULATIONS MAY INCLUDE:
  A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON  AUTHORIZED
TO  ADMINISTER  ASTHMA  MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
MANAGEMENT AND IN THE USE OF NEBULIZERS  AND  INHALERS  CONSISTENT  WITH
NATIONALLY RECOGNIZED STANDARDS; AND
  B.  A  REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
PURSUANT TO SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE OR A  NEBULIZER
HAVE  AN  ASTHMA  TREATMENT PLAN PREPARED BY THE PHYSICIAN OF THE PUPIL,
WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT  PLAN,  AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE REGENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of education is authorized to promulgate rules and
regulations for the implementation of this act on such effective date.

                                 PART I

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S  235-H.  RESIDENTIAL  RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL
AGREEMENT FOR A DWELLING UNIT, IN  A  MULTIPLE  DWELLING  BUILDING  WITH
TWENTY  OR  MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY
FOR THE PREMISES ON WHICH THE DWELLING UNIT IS LOCATED.  THE  DISCLOSURE
MUST STATE WHETHER SMOKING IS PROHIBITED ON THE PREMISES, ALLOWED ON THE
ENTIRE  PREMISES  OR  ALLOWED  IN  LIMITED AREAS ON THE PREMISES. IF THE
SMOKING POLICY ALLOWS SMOKING IN LIMITED  AREAS  ON  THE  PREMISES,  THE
DISCLOSURE  MUST  IDENTIFY  THE  AREAS  ON THE PREMISES WHERE SMOKING IS
ALLOWED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART J

  Section  1.   The state finance law is amended by adding a new section
91-h to read as follows:
  S 91-H. OBESITY AND RESPIRATORY DISEASE RESEARCH AND  EDUCATION  FUND.
1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE  KNOWN
AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".
  2.  SUCH  FUND  SHALL  CONSIST  OF ALL REVENUE RECEIVED PURSUANT TO AN
APPROPRIATION THERETO, AND ALL OTHER MONEYS  APPROPRIATED,  CREDITED  OR
TRANSFERRED  THERETO  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.
NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PREVENT  THE  STATE  FROM
RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS FOR THE PURPOSES OF THE FUND AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT  AND  CHILDHOOD
OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
RESEARCH  AND  EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO SECTIONS TWEN-
TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-K OF
THE PUBLIC HEALTH LAW.

S. 2374--A                         14

  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
HEALTH.
  S 2. This act shall take effect immediately.

                                 PART K

  Section  1.    Paragraph  (a) of subdivision 2-a of section 390 of the
social services law, as added by chapter 416 of the  laws  of  2000,  is
amended to read as follows:
  (a)  The office of children and family services shall promulgate regu-
lations  which  establish  minimum  quality  program  requirements   for
licensed  and  registered child day care homes, programs and facilities.
Such requirements shall include but not be limited to (i) the  need  for
age  appropriate  activities,  materials and equipment to promote cogni-
tive, educational, social, cultural, physical, emotional,  language  and
recreational  development  of  children  in  care in a safe, healthy and
caring environment (ii) principles of childhood development (iii) appro-
priate staff/child ratios for family day care homes,  group  family  day
care  homes, school age day care programs and day care centers, provided
however that such staff/child ratios shall not be  less  stringent  than
applicable  staff/child  ratios  as set forth in part four hundred four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen of title eighteen of the New York code of rules and regulations  as
of January first, two thousand (iv) appropriate levels of supervision of
children  in  care (v) APPROPRIATE PHYSICAL ACTIVITY, NUTRITIONAL OFFER-
INGS, AND LOW CALORIE AND LOW SUGAR BEVERAGES TO LOWER THE INCIDENCE  OF
CHILDHOOD   OBESITY  (VI)  minimum  standards  for  sanitation,  health,
infection control, nutrition, buildings and equipment, safety,  security
procedures,  first  aid,  fire prevention, fire safety, evacuation plans
and drills, prevention of child abuse and maltreatment, staff qualifica-
tions and training, record keeping, and child behavior management.
  S 2. Section 390-a of the social services law is amended by  adding  a
new subdivision 6 to read as follows:
  6.  NO  FAMILY  DAY  CARE HOME, GROUP FAMILY DAY CARE HOME, SCHOOL AGE
CHILD CARE PROGRAM OR CHILD DAY CARE CENTER SHALL  DISCRIMINATE  AGAINST
ANY CHILD WHO IS BREAST FED OR WHO IS FED WITH EXPRESSED BREAST MILK.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive  immediately,  any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

                                 PART L

  Section 1. Subdivision 1 of  section  414  of  the  education  law  is
amended by adding a new paragraph (l) to read as follows:
  (L)  FOR  BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY A NOT-FOR-PROFIT
OR CHARITABLE ORGANIZATION. SUCH PROGRAMS SHALL  PRESENT  SOME  FORM  OF
EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
TION.
  S  2. Subdivision 2 of section 414 of the education law, as amended by
chapter 513 of the laws of 2005, is amended to read as follows:
  2. The trustees or board of education shall determine  the  terms  and
conditions  for  such use which may include rental at least in an amount
sufficient to cover all resulting expenses for  the  purposes  of  para-

S. 2374--A                         15

graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
(d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
allow  the  exclusion of any district child solely because said child is
not attending a district school or not  attending  the  district  school
which is sponsoring such use or on which grounds the use is to occur.
  S 3. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  27.  Promulgate regulations, in conjunction with each community super-
intendent, establishing a plan for providing access to school facilities
in each community school district, when not in use for school  purposes,
in  accordance  with  the provisions of section four hundred fourteen of
this chapter. Such plan shall set forth a reasonable system of fees  not
to  exceed  the  actual  costs and specify that no part of any fee shall
directly or indirectly benefit or be deposited  into  an  account  which
inures  to  the  benefit  of  the  custodians  or  custodial  engineers.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  SUCH  PLAN    MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE
SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
CHARITABLE ORGANIZATION. THE USE OF SUCH FACILITIES SHALL  ONLY  BE  FOR
BONA  FIDE  AFTER-SCHOOL  PROGRAMS THAT PRESENT SOME FORM OF EDUCATIONAL
INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
  S 4. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
  27. Develop, in conjunction with each community superintendent, a plan
for providing access to  school  facilities  in  each  community  school
district,  when  not  in use for school purposes, in accordance with the
provisions of section four hundred fourteen of this chapter.  Such  plan
shall  set  forth  a  reasonable system of fees not to exceed the actual
costs and specify that no part of any fee shall directly  or  indirectly
benefit  or  be deposited into an account which inures to the benefit of
the custodians  or  custodial  engineers.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  RULE  OR  REGULATION TO THE CONTRARY, SUCH PLAN MAY
PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE
OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC  MATERIAL,
OR PROMOTE PHYSICAL EDUCATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the amendments to subdivision
27 of section 2590-h of the education law, made by section three of this
act, shall be subject to the expiration and reversion of  such  section,
pursuant  to  subdivision 12 of section 17 of chapter 345 of the laws of
2009, as amended, when upon such date the provisions of section four  of
this act shall take effect.

                                 PART M

  Section 1. Section 901 of the education law, as amended by chapter 477
of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
  S 901. School  health  services  to  be  provided.  1.  School  health
services,  as  defined  in  subdivision  two  of  this section, shall be

S. 2374--A                         16

provided by each school district for all students attending  the  public
schools in this state, except in the city school district of the city of
New  York,  as  provided  in  this article. School health services shall
include  the  services  of  a  registered  professional nurse, if one is
employed, and shall also include such services as  may  be  rendered  as
provided  in  this  article  in  examining students for the existence of
disease or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING  FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX  AND  WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE HUNDRED FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
  2. School health services for the purposes of this article shall  mean
the  several procedures, including, but not limited to, medical examina-
tions, dental inspection and/or screening, scoliosis  screening,  vision
screening  [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED BY
BODY MASS INDEX AND WEIGHT STATUS CATEGORY, designed  to  determine  the
health  status  of  the  child;  to  inform  parents or other persons in
parental relation to the child, pupils and teachers  of  the  individual
child's  health  condition  subject to federal and state confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing and correcting defects [and], diseases AND CHILDHOOD OBESITY  CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident  or  illness;  to  survey  and  make  necessary recommendations
concerning the health and safety aspects of school  facilities  and  the
provision of health information.
  S  2.  Subdivisions 1, 3 and 4 of section 903 of the education law, as
amended by chapter 281 of the laws of 2007, subdivision 1 as  separately
amended  by  section  11 of part B of chapter 58 of the laws of 2007 and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are amended to read as follows:
  1. A health certificate shall be furnished  by  each  student  in  the
public  schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at  least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with  any
applicable  written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized  to  prac-
tice  in  the  jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction  has  stand-
ards  of  licensure  and  practice comparable to those of New York. Each
such certificate shall describe the condition of the  student  when  the
examination  was  made, which shall not be more than twelve months prior
to the commencement of the school  year  in  which  the  examination  is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools.  THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS  ASSOCIATED  WITH
TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY  OTHER  FACTORS  CONSISTENT  WITH INCREASED RISK SHALL BE TESTED FOR
DIABETES. Each such certificate shall also state the student's body mass
index (BMI) and weight status category.  For purposes of  this  section,
BMI  is  computed  as  the  weight in kilograms divided by the square of

S. 2374--A                         17

height in meters or the weight in pounds divided by the square of height
in inches multiplied by a conversion factor of 703. Weight status  cate-
gories  for  children and adolescents shall be as defined by the commis-
sioner  of  health.  In  all  school districts such physician, physician
assistant or nurse practitioner shall determine whether a one-time  test
for  sickle  cell  anemia  is necessary or desirable and he or she shall
conduct such a test and the certificate shall state the results.
  3. a. Within thirty days after the student's entrance in such  schools
or grades, the health certificate shall be submitted to the principal or
his  or  her  designee  and  shall  be filed in the student's cumulative
health record. If such student does not present a health certificate  as
required  in  this  section,  unless  he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate  is  not  furnished
within  thirty days from the date of such notice, an examination will be
made of such student, as provided  in  this  article.  Each  school  and
school  district [chosen as part of an appropriate sampling methodology]
shall participate in surveys directed  by  the  commissioner  of  health
pursuant  to  the  public  health  law  in relation to students' BMI and
weight status categories as reported on the  school  health  certificate
and  which shall be subject to audit by the commissioner of health. Such
surveys shall contain the information required pursuant  to  subdivision
one of this section in relation to students' BMI and weight status cate-
gories  in aggregate. Parents or other persons in parental relation to a
student may refuse to have the student's BMI and weight status  category
included  in such survey.  Each school and school district shall provide
the commissioner of health with any information, records and reports  he
or  she  may  require  for the purpose of such audit. The BMI and weight
status survey and audit  as  described  in  this  subdivision  shall  be
conducted consistent with confidentiality requirements imposed by feder-
al law.
  b.  Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall  be  filed  in
the student's cumulative health record.
  4.  Notwithstanding  the provisions of subdivisions one, two and three
of this section, no examinations for  a  health  certificate  or  health
history  shall  be  required  or  dental  certificate  requested, and no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health  history  conflict  with  their  genuine  and  sincere  religious
beliefs.
  S  3. Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 58 of the laws of 2007,  is  amended  to
read as follows:
  1.  Each  principal  of a public school, or his or her designee, shall
report to the director of school  health  services  having  jurisdiction
over  such  school,  the  names  of  all students who have not furnished
health certificates as provided in section nine hundred  three  of  this
article,  or  who  are children with disabilities, as defined by article
eighty-nine of this chapter, and the director of school health  services
shall  cause  such  students to be separately and carefully examined and
tested to ascertain whether any student has defective sight or  hearing,
or  any  other  physical disability which may tend to prevent him or her
from receiving the full benefit of school  work,  or  from  requiring  a

S. 2374--A                         18

modification  of  such  work  to  prevent  injury to the student or from
receiving the best educational results.   Each  examination  shall  also
include  a calculation of the student's body mass index (BMI) and weight
status  category.  For  purposes of this section, BMI is computed as the
weight in kilograms divided by the square of height  in  meters  or  the
weight in pounds divided by the square of height in inches multiplied by
a  conversion  factor  of 703. Weight status categories for children and
adolescents shall be as defined by the commissioner of  health.  In  all
school  districts,  such physician, physician assistant or nurse practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary or desirable and he or she shall conduct such  tests  and  the
certificate  shall  state the results. If it should be ascertained, upon
such test or examination, that any of such students have defective sight
or hearing[,]  or  other  physical  disability,  including  sickle  cell
anemia,  as  above  described, OR ARE OBESE, the principal or his or her
designee shall notify the parents  of,  or  other  persons  in  parental
relation  to,  the  child as to the existence of such disability. If the
parents or other persons in parental relation are unable or unwilling to
provide the necessary relief and treatment for such students, such  fact
shall  be reported by the principal or his or her designee to the direc-
tor of school health services, whose duty it shall be to provide  relief
for such students. Each school and school district [chosen as part of an
appropriate  sampling methodology] shall participate in surveys directed
by the commissioner of health pursuant  to  the  public  health  law  in
relation  to students' BMI and weight status categories as determined by
the examination conducted pursuant to this section and  which  shall  be
subject  to  audit  by  the  commissioner  of health. Such surveys shall
contain  the  information  required  pursuant  to  this  subdivision  in
relation  to  students'  BMI  and weight status categories in aggregate.
[Parents or other persons in parental relation to a student  may  refuse
to  have  the  student's BMI and weight status category included in such
survey.] Each school and school district shall provide the  commissioner
of  health  with  any  information,  records  and  reports he or she may
require for the purpose of such audit. The BMI and weight status  survey
and  audit  as  described  in this section shall be conducted consistent
with  confidentiality  requirements  imposed  by  federal   law.   [Data
collection  for  such surveys shall commence on a voluntary basis at the
beginning of the two thousand seven academic school  year,  and  by  all
schools  chosen  as part of the sampling methodology at the beginning of
the two thousand eight academic school year.] The department shall  also
utilize  the  collected  data  to  develop a report of child obesity and
obesity related diseases.
  S 4. Section 912 of the education law, as amended by  chapter  477  of
the laws of 2004, is amended to read as follows:
  S 912. Health  and welfare services to all children. The voters and/or
trustees or board of education of  every  school  district  shall,  upon
request  of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the  health  and
welfare  services and facilities which are made available by such voters
and/or trustees or board of education to or for children  attending  the
public  schools  of the district. Such services may include, but are not
limited to all services performed by a physician,  physician  assistant,
dentist,  dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also  include  dental  prophylaxis,  vision  and  hearing
screening  examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking of

S. 2374--A                         19

medical histories and the administration of health screening tests,  the
maintenance of cumulative health records and the administration of emer-
gency  care  programs  for ill or injured students. Any such services or
facilities  shall  be  so  provided notwithstanding any provision of any
charter or other provision of law inconsistent herewith. Where  children
residing  in  one  school  district  attend  a  school other than public
located in another  school  district,  the  school  authorities  of  the
district  of residence shall contract with the school authorities of the
district where such nonpublic school is located, for  the  provision  of
such  health and welfare services and facilities to such children by the
school district where such nonpublic school is located, for a  consider-
ation  to  be  agreed  upon  between  the  school  authorities  of  such
districts, subject to the  approval  of  the  qualified  voters  of  the
district  of  residence when required under the provisions of this chap-
ter. Every such contract shall be in writing and in the form  prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction  over  such  district  of  residence and such contract shall not
become effective until approved by such superintendent.
  S 5. Subdivisions 4 and 5 of section 918  of  the  education  law,  as
added  by  chapter  493  of  the  laws  of  2004, are amended to read as
follows:
  4. The committee is encouraged to study AND  MAKE  RECOMMENDATIONS  ON
all  facets  of the current nutritional policies of the district includ-
ing, but not limited to, the goals of the district to promote health and
proper nutrition, REDUCE THE INCIDENCE  OF  CHILDHOOD  OBESITY,  vending
machine  sales,  menu  criteria, educational curriculum teaching healthy
nutrition, AND educational information provided to parents or  guardians
regarding  healthy nutrition and the health risks associated with obesi-
ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIRATORY  DISEASES.
PROVIDED,  FURTHER,  THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
PARENTAL RELATION ON opportunities offered to parents  or  guardians  to
encourage  healthier  eating  habits  to  students,  and  the  education
provided to teachers and other staff as to  the  importance  of  healthy
nutrition  AND  ABOUT THE DANGERS OF CHILDHOOD OBESITY.  In addition the
committee  shall  consider  recommendations  and  practices   of   other
districts and nutrition studies.
  5.  The committee is encouraged to report periodically to the district
regarding practices that will educate teachers, parents or guardians and
children about healthy nutrition and raise awareness of the  dangers  of
CHILDHOOD  obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIR-
ATORY DISEASES.  The committee is encouraged also to provide any  parent
teacher  associations in the district with such findings and recommenda-
tions.
  S 6. This act shall take effect two years after it shall have become a
law.

                                 PART N

  Section 1. Subdivision 5 of section 2556 of the  education  law,  such
section  as renumbered by chapter 762 of the laws of 1950, is amended to
read as follows:
  5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
city  of  New York without an open-air playground attached to or used in
connection with the same.   EXISTING  PLAYGROUNDS  SHALL  NOT  BE  SOLD,
LEASED  OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH AS

S. 2374--A                         20

SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING MATERIALS FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF  SUCH  PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES OR SPACE TO ACCOMMODATE THE PHYSICAL AND  RECREATIONAL  NEEDS
OF  THE  PUPILS  OF  SUCH BUILDING.   THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO SCHOOL CONSTRUCTION  OR  RENOVATION  ACTIVITIES  THAT
OCCUR  ON  OR  REQUIRE  THE USE OF SUCH PLAYGROUNDS FOR A DURATION OF NO
MORE THAN ONE YEAR.
  S 2. This act shall take effect July 1, 2015; provided  however,  that
the  commissioner  of education is authorized and directed to promulgate
any rules or regulations necessary for the timely implementation of this
act on or before such date.

                                 PART O

  Section 1. Subdivisions 1 and 5 of section 803 of the  education  law,
as  amended  by  chapter 118 of the laws of 1957, are amended to read as
follows:
  1. All pupils above the age of  eight  years  in  all  elementary  and
secondary  schools,  shall  receive as part of the prescribed courses of
instruction therein such physical education under the direction  of  the
commissioner  of  education  as  the regents may determine. Such courses
shall be designed to aid in the well-rounded education of pupils and  in
the  development  of  character,  citizenship, OVERALL physical fitness,
GOOD health [and], the worthy use of leisure AND THE  REDUCTION  IN  THE
INCIDENCE  OF  CHILDHOOD  OBESITY.   Pupils above such age attending the
public schools shall be required to attend upon such prescribed  courses
of instruction.
  5.  (A) It shall be the duty of the regents to adopt rules determining
the subjects to be included in courses of  physical  education  provided
for  in this section, the period of instruction in each of such courses,
the qualifications of teachers, and the attendance upon such courses  of
instruction.
  (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE REGENTS
MAY PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION  INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES  SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR ACTIV-
ITY, INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN  ALTERNA-
TIVE  EDUCATION  PROGRAMS.  THE  REGENTS  MAY  INCLUDE IN ITS RULES THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM  OF  ONE
HUNDRED  TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
  S 2. The section heading and subdivision  1  of  section  804  of  the
education law, the section heading as amended by chapter 401 of the laws
of  1998  and subdivision 1 as added by chapter 982 of the laws of 1977,
are amended and a new subdivision 3-b is added to read as follows:
  Health  education  regarding  alcohol,  drugs,  tobacco   abuse,   THE
REDUCTION  IN THE INCIDENCE OF OBESITY, and the prevention and detection
of certain cancers. 1. All schools shall include, as an integral part of
health, SCIENCE, OR PHYSICAL education, instruction so as to  discourage
the  misuse  and abuse of alcohol, tobacco[,] and other drugs, TO REDUCE
THE INCIDENCE OF  OBESITY,  and  promote  attitudes  and  behavior  that
enhance health, well being, and human dignity.

S. 2374--A                         21

  3-B.  INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING GOOD NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION  MAY  BE
AN  INTEGRAL  PART  OF  REQUIRED  HEALTH, SCIENCE, OR PHYSICAL EDUCATION
COURSES.
  S  3. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
  1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
authorized  to establish a demonstration program and to distribute state
funds to local  school  districts,  boards  of  cooperative  educational
services  and  in  certain instances community school districts, for the
development, implementation, evaluation, validation,  demonstration  and
replication  of  exemplary  comprehensive  health  education programs to
assist the public schools in developing curricula, training  staff,  and
addressing local health education needs of students, parents, and staff.
SUCH  PROGRAMS  SHALL  SERVE  THE  PURPOSE  OF  DEVELOPING AND ENHANCING
PUPILS' HEALTH KNOWLEDGE, SKILLS,  ATTITUDES  AND  BEHAVIORS,  WHICH  IS
FUNDAMENTAL  TO  IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
AS WELL AS REDUCING  THE  INCIDENCE  OF  ADOLESCENT  PREGNANCY,  ALCOHOL
ABUSE,  TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
AND ADOLESCENCE.
  S  4. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
  S 813. School lunch period; scheduling.  Each school shall schedule  a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
  S 5. This act shall take effect immediately.

                                 PART P

  Section 1. Section 11 of the public buildings law, as added by chapter
819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
the laws of 1988, is amended to read as follows:
  S 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
finding. In recognition of the role which bicycles can serve as a  valu-
able  transportation  mode  with  energy  conservation, health, PHYSICAL
FITNESS and environmental benefits, it is  hereby  declared  to  be  the
policy of the state that provision for adequate and safe bicycle facili-
ties including the use of present facilities for safe and secure bicycle
parking  AND  STORAGE  be  included  in the planning [and], development,
CONSTRUCTION OR RECONSTRUCTION of all state facilities.
  2. (a) The commissioner of general services shall undertake a  [pilot]
program for THE provision and promotion of safe and secure bicycle park-
ing  facilities  at state office buildings FOR STATE EMPLOYEES AND VISI-
TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
ment of this  section,]  OF  GENERAL  SERVICES  shall  provide,  at  the
principal  office  buildings  under  his  OR  HER superintendence at the
Nelson A. Rockefeller Empire State Plaza in Albany[, New  York],  secure
bicycle parking facilities for use by employees and visitors.  PROVIDED,
FURTHER,  THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED  OR  LEASED
BUILDINGS  OR  OFFICES  WHICH HAVE OVER FIFTY STATE EMPLOYEES LOCATED AT

S. 2374--A                         22

SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS  OVER
FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
PARKING  AND  STORAGE  FACILITIES SHALL BE COMPLETED WITHIN TWO YEARS OF
THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN
WHICH AMENDED THIS SECTION.
  (b) The commissioner OF GENERAL SERVICES is also authorized, within  a
reasonable period and where feasible, to provide suitable support facil-
ities  including  clothing lockers, showers and changing facilities, and
to charge a reasonable use fee.
  (c) For the purpose of this section, the term "bicycle parking facili-
ty" means a device or enclosure, located within a building or  installa-
tion,  or  conveniently  adjacent  thereto,  that  is easily accessible,
clearly visible and so located as to minimize the  danger  of  theft  of
bicycles.  Such  a  device  shall  consist of a parking rack, locker, or
other device constructed to enable the frame and both wheels of a  bicy-
cle  to  be  secured with ease by use of a padlock in a manner that will
minimize the risk of theft, or an enclosure which limits access  to  the
bicycles and is under observation by an attendant.
  3.  UPON  COMPLETION  OF  A  STATE OFFICE BUILDING BICYCLE PARKING AND
STORAGE FACILITIES INVENTORY PROVIDED FOR IN PARAGRAPH (A)  OF  SUBDIVI-
SION  TWO  OF  THIS  SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL
DEVELOP A PLAN TO EXPAND  BICYCLE  PARKING  AND  STORAGE  FACILITIES  TO
ENCOURAGE  THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE GENERAL
PUBLIC THAT PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC  BUSINESS.  SUCH
PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
PARKING  AND  STORAGE  FACILITIES INVENTORY. SUCH PLAN SHALL CONTAIN AND
ADDRESS THE FOLLOWING ELEMENTS TO  ENCOURAGE  STATE  EMPLOYEES  AND  THE
GENERAL  PUBLIC  TO  USE  BICYCLES  MORE FREQUENTLY AT EACH STATE OFFICE
BUILDING FACILITY OR LEASED PREMISE:
  (A) THE INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES  SHALL  BE
RANKED  FROM  HIGHEST TO LOWEST BASED ON THE EXISTING UNFULFILLED DEMAND
FOR SUCH FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING  SHALL  ALSO
CONSIDER  INCREASED  FUTURE DEMAND OR THE POTENTIAL FOR INCREASED FUTURE
DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
  (B) IN URBAN SETTINGS, THERE SHALL BE  A  PLAN  TO  DEVELOP  AN  AMPLE
SUPPLY  OF  SECURE  COVERED AND UNCOVERED OFF-STREET BICYCLE PARKING AND
STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
  (C) ADEQUATE POSTING OF SUCH BICYCLE PARKING  AND  STORAGE  FACILITIES
SHALL  BE  PROVIDED  FOR  AND  PLACED  AROUND SUCH STATE OFFICE BUILDING
FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
  (D) A MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL  PROVIDE  FOR
THE  DISSEMINATION  OF INFORMATION TO STATE EMPLOYEES, VISITORS TO STATE
OFFICE BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS  TO
USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
  (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
  4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
shall:    (a) Consult with and cooperate with (i) [the statewide bicycle
advisory council, (ii)] the [New York state] department  of  transporta-
tion  regional bicycle coordinator[, (iii)]; (II) local bicycle planning
groups[,]; and [(iv)] (III) persons, organizations,  and  groups  served
by, interested in, or concerned with the area under study.
  (b)  Request and receive from any department, division, board, bureau,
commission or other agency of the state  or  any  political  subdivision
thereof  or  any  public  authority,  any  assistance and data as may be

S. 2374--A                         23

necessary to enable the office OF GENERAL  SERVICES  to  carry  out  its
responsibilities under this section.
  [(c)  On  or before the first day of January, nineteen hundred eighty-
nine, a report shall be submitted to the governor  and  the  legislature
which shall include a determination of usage levels, a statement outlin-
ing  first  year  progress  and the elements of a statewide plan for the
provision of such facilities.]
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE  OR
THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
ING  GOVERNED  BY  THIS  SECTION TO PROVIDE SPACE FOR STORED BICYCLES AT
SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE  CODES  OR  ANY  OTHER
APPLICABLE  LAW,  RULE  OR  CODE,  OR WHICH OTHERWISE IMPEDES INGRESS OR
EGRESS TO SUCH BUILDING.
  6. THERE IS HEREBY ESTABLISHED  A  TEMPORARY  BICYCLE  COMMUTING  TASK
FORCE  TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN PUBLIC
SPACES.
  (A) SUCH TASK FORCE SHALL BE COMPRISED OF NINE MEMBERS, INCLUDING  THE
COMMISSIONER  OF  GENERAL  SERVICES, THE COMMISSIONER OF TRANSPORTATION,
THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS OF THE
CITY OF NEW YORK AND THE COMMISSIONER  OF  PARKS  AND  RECREATION  OR  A
DESIGNEE  OF  ANY  SUCH  COMMISSIONERS. THE REMAINING FOUR MEMBERS SHALL
CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE ASSOCIATION  REPRESEN-
TATIVES, BUILDING CONTRACTORS AND ENGINEERS.  THEY SHALL BE APPOINTED AS
FOLLOWS: ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE
SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY;
AND  ONE  MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  (B) THE CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE  SHALL  BE
THE  COMMISSIONER  OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL SERVE WITHOUT  COMPENSATION  AND  SHALL  MEET
WHEN DEEMED NECESSARY BY THE CHAIR.
  (C)  WITHIN  EIGHTEEN  MONTHS  OF THE TEMPORARY BICYCLE COMMUTING TASK
FORCE'S ESTABLISHMENT, SUCH TASK FORCE  SHALL  ISSUE  A  REPORT  TO  THE
GOVERNOR  AND  THE  LEGISLATURE.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR SHELTERED BICYCLE PARKING
IN PUBLIC SPACES; (II) AN EXAMINATION OF  THE  MARKETING  AND  COMMUNITY
OUTREACH  EFFORTS  NEEDED TO ENCOURAGE THE USE OF BICYCLES; (III) RECOM-
MENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO  DEVELOP  SHEL-
TERED  BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV)
SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICI-
PAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL  BE  POSTED  ON  THE
WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN
TWENTY  DAYS  FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL CEASE TO EXIST THREE MONTHS AFTER  THE  ISSU-
ANCE OF ITS REPORT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART Q

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO SUBDI-
VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO

S. 2374--A                         24

DEVELOP GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL  DISTRICTS
AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF
SECTION  TWO  OF  THE  EDUCATION  LAW,  OF  PROGRAMS WHICH ENCOURAGE THE
DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA-
TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS.
  S  2.  Section  305  of  the  education law is amended by adding a new
subdivision 32 to read as follows:
  32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO
ENCOURAGE AND FACILITATE THE ABILITY  OF  SCHOOL  DISTRICTS  AND  INSTI-
TUTIONS  OF  HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE FOOD FROM
MEALS SERVED AT SUCH EDUCATIONAL  FACILITIES  TO  LOCAL  VOLUNTARY  FOOD
ASSISTANCE  PROGRAMS  INCLUDING,  BUT  NOT  LIMITED  TO,  COMMUNITY FOOD
PANTRIES, SOUP KITCHENS, AND OTHER COMMUNITY AND  NOT-FOR-PROFIT  ORGAN-
IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
  SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
  A.  A  METHODOLOGY  TO PROVIDE INFORMATION TO EDUCATIONAL INSTITUTIONS
AND LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS  OF  SUCH
GUIDELINES;
  B.  A  MEANS  BY  WHICH EDUCATIONAL INSTITUTIONS ARE PROVIDED WITH THE
NAMES AND ADDRESSES  OF  ALL  NEARBY  LOCAL  VOLUNTARY  FOOD  ASSISTANCE
PROGRAMS;
  C.  A  MEANS  BY  WHICH  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS ARE
PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS
WHICH SERVE MEALS UPON THEIR PREMISES;
  D. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO  ELECT
TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
PROGRAMS; AND
  E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER
OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER.
  THE  COMMISSIONER  SHALL  COORDINATE THE IMPLEMENTATION OF SUCH GUIDE-
LINES WITH THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST  FOR  NEW
YORK  KIDS  WEEK  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION FIVE-B OF
SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART R

  Section 1. Section 3231 of the insurance law, as added by chapter  501
of the laws of 1992, is amended by adding a new subsection (c-1) to read
as follows:
  (C-1)  SUBJECT  TO  THE  APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL  OR  GROUP  HEALTH
INSURANCE POLICY PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY
APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
APPROVED  BY  THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED  WELL-
NESS  PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
WELL-BEING OF ITS PARTICIPANTS:

S. 2374--A                         25

  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
ARTICLE; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
APPROVED WELLNESS PROGRAM.
  S  2. Subsections (b) and (c) of section 3239 of the insurance law, as
added by chapter 592 of  the  laws  of  2008,  paragraphs  6  and  7  of
subsection  (b)  and  subparagraphs  (C)  and  (D)  of  paragraph  2  of
subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
519 of the laws of 2013, are amended to read as follows:
  (b) A wellness program may include, but is not limited to, the follow-
ing programs or services:
  (1) the use of a health risk assessment tool;
  (2) a smoking cessation program;
  (3) a weight management program;
  (4) a stress AND/OR HYPERTENSION management program;
  (5) a worker injury prevention program;
  (6) a nutrition education program;
  (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[.];
  (9) A SUBSTANCE OR ALCOHOL ABUSE CESSATION PROGRAM; AND
  (10) A PROGRAM TO MANAGE AND COPE WITH CHRONIC PAIN.
  (c)(1) A wellness program may use rewards and incentives  for  partic-
ipation  provided  that  where  the  group  health  insurance  policy or
subscriber contract is required to be community-rated, the  rewards  and
incentives  shall  not  include a discounted premium rate or a rebate or
refund of premium, EXCEPT AS PROVIDED  IN  SECTION  THREE  THOUSAND  TWO
HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED
THIRTY-FIVE,  FOUR  THOUSAND  THREE  HUNDRED  SEVENTEEN OR FOUR THOUSAND
THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, OR SECTION FORTY-FOUR  HUNDRED
FIVE OF THE PUBLIC HEALTH LAW.
  (2) Permissible rewards and incentives MAY include:
  (A)  full  or  partial  reimbursement  of the cost of participating in
smoking cessation [or], weight management, STRESS  AND/OR  HYPERTENSION,
WORKER  INJURY  PREVENTION,  NUTRITION  EDUCATION,  SUBSTANCE OR ALCOHOL
ABUSE CESSATION, OR CHRONIC PAIN MANAGEMENT AND COPING programs;

S. 2374--A                         26

  (B) full or partial reimbursement of  the  cost  of  membership  in  a
health club or fitness center;
  (C) the waiver or reduction of copayments, coinsurance and deductibles
for  preventive  services  covered  under the group policy or subscriber
contract;
  (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.
  (3)  Where  the  reward  involves a group member's meeting a specified
standard based on a health condition, the wellness program must meet the
requirements of 45 CFR Part 146.
  (4) A reward or incentive which involves a discounted premium rate  or
a  rebate or refund of premium shall be based on actuarial demonstration
that the wellness program can reasonably be expected to  result  in  the
overall  good  health and well being of the group AS PROVIDED IN SECTION
THREE THOUSAND TWO HUNDRED THIRTY-ONE OF  THIS  ARTICLE,  SECTIONS  FOUR
THOUSAND  TWO HUNDRED THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN
AND FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, AND  SECTION
FORTY-FOUR HUNDRED FIVE OF THE PUBLIC HEALTH LAW.
  S 3. Subsection (h) of section 4235 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
  (5)  EACH  INSURER  DOING BUSINESS IN THIS STATE, WHEN FILING WITH THE
SUPERINTENDENT ITS SCHEDULES OF PREMIUM RATES, RULES AND  CLASSIFICATION
OF  RISKS  FOR  USE  IN  CONNECTION WITH THE ISSUANCE OF ITS POLICIES OF
GROUP ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE, MAY
PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION  IN  PREMIUM  RATES  OR
OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOUR-
AGE AN ENROLLEE'S OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELL-
NESS  PROGRAM.  A  QUALIFIED  WELLNESS  PROGRAM CAN BE A RISK MANAGEMENT
SYSTEM THAT IDENTIFIES  AT-RISK  POPULATIONS  OR  ANY  OTHER  SYSTEMATIC
PROGRAM OR COURSE OF MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND
MENTAL  FITNESS, HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE
CONDITIONS OF ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINI-
MIZES ADVERSE HEALTH CONSEQUENCES DUE TO LIFESTYLE.    SUCH  A  WELLNESS
PROGRAM  MAY  HAVE  SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE
PHYSICAL HEALTH AND MENTAL WELL-BEING OF ITS PARTICIPANTS:
  (A) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-
CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES  UNHEALTHY  LIVING  ACTIV-
ITIES.    SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED  THIRTY-NINE  OF  THIS
CHAPTER; AND
  (C) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR  HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND

S. 2374--A                         27

MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN  THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL  NOT  REQUIRE  SPECIFIC
OUTCOMES  AS  A  RESULT  OF  AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
  S 4. Section 4317 of the insurance law is  amended  by  adding  a  new
subsection (c-1) to read as follows:
  (C-1)  SUBJECT  TO  THE  APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL  OR  GROUP  HEALTH
INSURANCE  CONTRACT PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARI-
ALLY APPROPRIATE  REDUCTION  IN  PREMIUM  RATES  OR  OTHER  BENEFITS  OR
ENHANCEMENTS  APPROVED  BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S
OR INSURED'S ACTIVE PARTICIPATION IN A  QUALIFIED  WELLNESS  PROGRAM.  A
QUALIFIED  WELLNESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTI-
FIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM  OR  COURSE  OF
MEDICAL  CONDUCT  WHICH  HELPS  TO  PROMOTE PHYSICAL AND MENTAL FITNESS,
HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE  THE  CONDITIONS  OF
ACUTE  OR  CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE
HEALTH CONSEQUENCES DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY  HAVE
SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND
MENTAL WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
APPROVED WELLNESS PROGRAM.
  S 5. Subsection (m) of section 4326 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
  (4)  APPROVAL  OF THE SUPERINTENDENT, AN INSURER OR HEALTH MAINTENANCE
ORGANIZATION ISSUING A CONTRACT FOR QUALIFYING SMALL EMPLOYERS OR  INDI-
VIDUALS  PURSUANT  TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY APPRO-
PRIATE REDUCTION IN PREMIUM RATES  OR  OTHER  BENEFITS  OR  ENHANCEMENTS
APPROVED  BY  THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED  WELL-
NESS  PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC

S. 2374--A                         28

SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
APPROVED WELLNESS PROGRAM.
  S  6. Section 4405 of the public health law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. SUBJECT TO  THE  APPROVAL  OF  THE  SUPERINTENDENT  OF  FINANCIAL
SERVICES, THE POSSIBLE PROVIDING OF AN ACTUARIALLY APPROPRIATE REDUCTION
IN  PREMIUM  RATES  OR  OTHER  BENEFITS  OR ENHANCEMENTS APPROVED BY THE
SUPERINTENDENT OF FINANCIAL SERVICES TO ENCOURAGE AN  ENROLLEE'S  ACTIVE
PARTICIPATION  IN  A  QUALIFIED  WELLNESS  PROGRAM. A QUALIFIED WELLNESS
PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT  IDENTIFIES  AT-RISK  POPU-
LATIONS  OR  ANY  OTHER  SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE  THOUSAND TWO HUNDRED THIRTY-NINE OF THE
INSURANCE LAW; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.

S. 2374--A                         29

  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC OUTCOMES AS A
RESULT OF AN ENROLLEE'S ADHERENCE TO THE APPROVED WELLNESS PROGRAM;
  S 7. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law; provided that, effective immediately any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be added, amended
and/or repealed on or before such date.
  S 3.  Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.

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