S T A T E   O F   N E W   Y O R K
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                                 2880--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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

AN  ACT to establish a task force on occupational wellness and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that healthier  employees  experience  less  absenteeism,  greater
productivity, better mental performance, and increased job satisfaction,
performance and morale.
  The  legislature  hereby finds that occupational wellness programs and
preventative health strategies directly address the  leading  causes  of
disability  and  premature  death in the United States. Furthermore, the
vital importance of this issue was recently crystallized by  the  United
States  Centers  for  Disease Control and Prevention (CDC) who earmarked
$14 million to study occupational wellness programs.
  The legislature hereby finds that there is a significant state  inter-
est  in encouraging a proactive approach to preventing illness and inju-
ry, as opposed to the traditional reactive, sick-care method. A reorien-
tation of our systematic approach  to  health  care  is  exemplified  by
United  States  Senate  Bill 2558, the Healthy Lifestyles and Prevention
(HeLP) Act and New York State Senate Bill 5774-A of 1999-2000, The Well-
ness and Preventative Health Care Program.
  The legislature hereby finds that individual studies  and  evaluations
of wellness programs have concluded that such endeavors have dual, rein-
forcing,  and  parallel  benefits. In the first instance, employees have
become more fit, reduced obesity, lessened stress levels, quit  smoking,
and  achieved  other propitious outcomes. Secondarily, wellness programs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07223-02-4
              

S. 2880--A                          2

have increased overall productivity,  economic  viability,  and  reduced
health care costs relative to employers.
  The  legislature  hereby  finds  that encouragement of a healthy life-
style, while accruing  concrete  benefits  to  employees  and  employers
alike,  in the final analysis -- empowers individuals, strengthens fami-
lies, and promotes a greater quality of life.
  The legislature intends to ensconce the ethic of a  healthy  workforce
into  the fabric of our personal and professional lives, while realizing
the tertiary benefits of savings on insurance premiums as the result  of
reducing  the  number  and  instance  of  health  insurance and workers'
compensation claims filed by employees.
  S 2. Task force on occupational wellness.  1. There is hereby  created
within  the  department of health a task force on occupational wellness.
The task force shall consist of nine members to be appointed as follows:
three members to be appointed by the governor, including  one  represen-
tative  each  from the department of health and the insurance department
and a representative who is a small business owner; two  members  to  be
appointed  by the speaker of the assembly; one member to be appointed by
the minority leader of the assembly; two members to be appointed by  the
temporary  president of the senate and one member to be appointed by the
minority leader of the senate. The member from the department of  health
shall  serve  as  the director of the task force and the commissioner of
health may assign such personnel within the amounts appropriated  as  is
necessary  to  carry  out  the  provisions of this section.   Task force
members shall receive no compensation for their services  but  shall  be
reimbursed  for  travel  expenses  incurred  in the performance of their
duties.
  2. The task force shall study  and  evaluate  the  existing  state  of
employees'  health  and  ascertain  if  the  health  of employees can be
improved by employers implementing an occupational wellness program.
  3. On or before January 1, 2016, the  task  force  shall  prepare  and
submit  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, the minority  leader  of  the  senate  and  the
minority leader of the assembly a report which shall include, but not be
limited to:
  (a)  information  on  whether  the  creation  of occupational wellness
programs encouraging or providing incentives for employees who regularly
engage in physical activity and preventive health care would be  benefi-
cial to the citizens of the state of New York;
  (b)  recommendations  regarding how occupational wellness programs can
be improved;
  (c) examining the concept of occupational wellness as a whole, includ-
ing the history of such concept, where and how it  has  worked  and  the
costs and implications of such programs; and
  (d)  creating  a  blueprint  of the best practices of wellness, how to
implement such practices and what steps need to be taken to realize  the
concept of occupational wellness in practice.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law provided that the provisions of this act
shall expire September 1, 2016 when upon such  date  the  provisions  of
this  act  shall  be  deemed repealed; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed  on  or  before
such effective date.