senate Bill S2439

Signed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A2893 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 signed chap.519
Dec 06, 2013 delivered to governor
May 29, 2013 returned to assembly
passed senate
3rd reading cal.650
substituted for s2439
May 29, 2013 substituted by a2893
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.650
Apr 30, 2013 reported and committed to finance
Jan 17, 2013 referred to health

Votes

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May 21, 2013 - Finance committee Vote

S2439
35
0
committee
35
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Apr 30, 2013 - Health committee Vote

S2439
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Co-Sponsors

S2439 - Bill Details

See Assembly Version of this Bill:
A2893
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; amd §3239, Ins L
Versions Introduced in 2011-2012 Legislative Session:
S7115B, A10016B

S2439 - Bill Texts

view summary

Provides for the inclusion of weight control in the health care and wellness education and outreach program; includes weight management and physical fitness in wellness programs.

view sponsor memo
BILL NUMBER:S2439

TITLE OF BILL: An act to amend the public health law, in relation to
the inclusion of weight control in the health care and wellness
education and outreach program; and to amend the insurance law, in
relation to wellness programs

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
promote a more inter-disciplinary approach to help combat adult and
childhood obesity. The incidence of childhood obesity is a rapidly
growing public health, social, and economic concern that is adversely
affecting the overall health and wellbeing of our next generation of
New Yorkers. In fact, the number of acute and chronic adverse health
conditions such as diabetes, chronic coronary conditions, and
respiratory illnesses caused by obesity conditions is about to
overtake the number of acute and chronic adverse health conditions
caused by smoking tobacco. This bill attempts to better integrate
current programs and laws that relate to combating childhood obesity.

Further, the Department of Financial Services will be authorized to
allow health insurers and their insureds to more actively participate
in and expand the number of Wellness Programs that combat the high
incidence of adult and childhood obesity. Such programs would be
implemented at the option of such health insurers.

SUMMARY OF PROVISIONS:

Section 1: Amends public Health Law section 207 which relates to the
Health Care and Wellness Education and Outreach Program. This
provision expands the ability of DOH to conduct wellness education and
outreach programs to educators, including but not limited to
elementary and secondary school educators. Further, such education and
outreach programs can provide information about the adverse health
risks to adults and children who become obese or underweight.

Section 2: Amends Public Health Law section 207 to provide that the
Department's education and outreach programs may also talk about the
short term and long term adverse health risks to adults and children
who become overweight, obese or underweight.

Sections 3 and 4: Amends Insurance Law section 3239 that relates to
Wellness Programs that can be sponsored by health insurers or HMOs to
help promote the health and wellbeing of their insureds or
subscribers.

This provision expands the types of wellness programs that can
sponsored by such carriers to include coordinated weight management,
nutrition, stress management and physical fitness programs to combat
the high incidence of adult and child obesity, asthma, and other
chronic respiratory conditions. This section also, allows for the full
or partial reimbursement of the cost of participating in stress
management programs or activities or participating in a health or
fitness program.

JUSTIFICATION: The growing prevalence of overweight and obese
children and adults is a serious problem that is facing the entire


nation. Obesity related health care expenditures in New York are some
of the highest in the nation. Further, contrary to the lower (on
average) prevalence of obesity among adults living in New York,
children in New York are more likely to be obese or overweight when
compared to national trends.

Obesity and overweight conditions in individuals are leading to higher
incidences of life threatening conditions and substantial economic
costs both to the State of New York for health care costs and to
employers in lost work time and higher health care costs. Obesity in
children tends to manifest itself more widely among poorer children
and children whose parents have lower education levels.

The rising incidence of childhood obesity is a serious medical problem
that continues to grow, especially among poorer and minority
communities. Further, obesity is known to cause or exacerbate a number
of serious chronic medical disorders including hypertension,
dyslipidemia, cardiovascular disease, diabetes, and respiratory
dysfunction. Nearly 800 of patients with diabetes mellitus are obese,
while nearly 70% of diagnosed cases of cardiovascular disease are
related to obesity. Obesity ranks only second to smoking as a
preventable cause of death. Unfortunately, preventable deaths caused
by obesity conditions is rapidly approaching and will or already has
surpassed those deaths caused by smoking tobacco.

While the high prevalence of obesity and overweight conditions is an
important public health concern when it affects adults. It should be
of heightened concern that this adult affliction is now becoming more
common among children. When obesity conditions afflict children this
poses, significant quality of life detriments to such persons, reduces
the productivity of such individuals over a longer time of their life,
and hastens the onset of many chronic conditions that can hurt the
quality of life of such persons and their families.

It is important for state agencies such as the Departments of Health,
Education, Agriculture & Markets, and Insurance, the Office of
Children and Family Services coordinate their current activities to
curb this problem. Further, once New York's state agencies have a more
coordinated approach to curb childhood obesity, then other public
stakeholders such as school educators and BOCES can combine forces
with such state agencies and with private stakeholders such as health
care providers, health care facilities, child day care centers,
insurers, and community groups to provide a coordinated way to address
this problem.

PRIOR LEGISLATIVE HISTORY: Related to S.6423 (Klein) that contains a
more comprehensive expansion of obesity programs to combat obesity in
adults and children. Same as S. 7115 of 2012.

EFFECTIVE DATE: Immediately.

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

                                  2439

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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

AN ACT to amend the public health law, in relation to the  inclusion  of
  weight  control in the health care and wellness education and outreach
  program; and to amend the  insurance  law,  in  relation  to  wellness
  programs

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

  Section 1.  The opening paragraph of subdivision 1,  and  subdivisions
3,  4  and  6  of  section  207  of the public health law, as amended by
section 16 of part A of chapter 109 of the laws of 2010, are amended  to
read as follows:
  There  is  hereby  created  within  the department the health care and
wellness education and outreach  program.  The  department  may  conduct
education  and  outreach  programs  for  consumers, patients, EDUCATORS,
INCLUDING BUT NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL  EDUCATORS,
and  health  care  providers  relating  to  any  health care matters the
commissioner deems appropriate and:
  3. The department may produce, make available to  others  for  reprod-
uction,  or  contract with others to develop such materials mentioned in
this section as the  commissioner  deems  appropriate.  These  materials
shall  be  made  available to the public AND TO EDUCATORS, INCLUDING BUT
NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS free of  charge
as appropriate or for a fee under certain circumstances. The commission-
er  may require where appropriate any health care provider to make these
materials available to patients.
  4. In exercising any of his or her  powers  under  this  section,  the
commissioner  may  consult  with  appropriate health care professionals,
providers, consumers, EDUCATORS and patients or organizations represent-
ing them.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06799-01-3

S. 2439                             2

  6. The commissioner  may  appoint  as  appropriate  advisory  councils
relating  to various matters that are or are proposed to be the subjects
of programs under this section. All such councils shall  include  repre-
sentation of health care professionals, providers, EDUCATORS, consumers,
patients  and  other  appropriate interests. The members of the councils
shall receive no compensation for their services, but shall  be  allowed
their  actual  and  necessary  expenses incurred in performance of their
duties.
  S 2. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (i) to read as follows:
  (I)  ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO ADULTS
AND CHILDREN WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT.  THE  INFORMA-
TION  SHALL  INCLUDE,  BUT NEED NOT BE LIMITED TO PROVIDING CITATIONS TO
THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
MATION ON THE SUBJECT.
  S 3. Paragraphs 6 and 7 of subsection  (b)  of  section  3239  of  the
insurance  law, as added by chapter 592 of the laws of 2008, are amended
and a new paragraph 8 is added to read as follows:
  (6) a nutrition education program; [and]
  (7) health or fitness incentive programs[.]; AND
  (8) A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT  AND
PHYSICAL  FITNESS  PROGRAM  TO  COMBAT  THE  HIGH INCIDENCE OF ADULT AND
CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
  S 4. Subparagraphs (C) and (D) of paragraph 2  of  subsection  (c)  of
section  3239  of the insurance law, as added by chapter 592 of the laws
of 2008, are amended and two new subparagraphs (E) and (F) are added  to
read as follows:
  (C) the waiver or reduction of copayments, coinsurance and deductibles
for  preventive  services  covered  under the group policy or subscriber
contract; [and]
  (D) monetary rewards in the form of gift cards or  gift  certificates,
so  long  as the recipient of the reward is encouraged to use the reward
for a product or a service that promotes good health,  such  as  healthy
cook books, over the counter vitamins or exercise equipment[.];
  (E)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
  (F) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF  PARTICIPATING  IN  A
HEALTH OR FITNESS PROGRAM.
  S 5. This act shall take effect immediately.

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