NY State Senate Bill 2015-S8185

Senate Bill S8185

2015-2016 Legislative Session

Establishes a fund to benefit the residents of Hoosick Falls, Hoosick, and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 08, 2016	committee discharged and committed to health
Aug 31, 2016	referred to rules

2015-S8185 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: State Finance Law
Laws Affected:: Add §97-yyyy, St Fin L; add Art 2 Title 7 §267, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S178

2015-S8185 (ACTIVE) - Summary

Establishes a fund to benefit the residents of Hoosick Falls, Hoosick, and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water for all expenses not covered by insurance.

2015-S8185 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8185                Revised 09/01/16

 TITLE OF BILL :

An act to amend the state finance law and the public health law, in
relation to the establishment of a fund to benefit the residents of
Hoosick Falls, Hoosick and Petersburgh regarding medical monitoring
expenses for those exposed to PFOA (perfluorooctanoic acid)
contaminated water

 PURPOSE :

To establish a New York State fund for residents with elevated blood
levels of PFOA from which uncovered medical expenses for screening of
illnesses related to PFOA are paid.

 SUMMARY OF PROVISIONS :

Section 1 amends State Finance Law by adding a new section
establishing the PFOA Medical Monitoring Fund.

Section 2 amends Public Health Law by adding a new title, PFOA Medical
Monitoring Fund. The fund, its use and eligibility are defined.

Section 3 establishes the effective date.

 JUSTIFICATION :

One of the primary obligations of any government is to provide for the
health and welfare of its residents. The recent discovery of water
contamination in the towns of Hoosick Falls and Petersburgh has raised
great alarm across the State. These instances of contamination by PFOA
have been cited as the potential cause of many previously unexplained
illnesses suffered by members of those communities.  Illnesses
potentially linked to PFOA exposure include but are not limited to:
kidney cancer, testicular cancer, pre-eclampsia, ulcerative colitis,
thyroid disease, hypercholesterolemia, developmental effects for
fetuses, liver tissue damage and immune system impairments. One the
keys to diagnosing and treating any of these potentially
life-threatening illnesses are for those who were potentially affected
to have regular tests and screenings and treatments.

As the State has done for other communities that have been impacted by
circumstances beyond their control, this legislation would provide
immediate financial relief to the residents of these communities in
the form of creating a fund, administered by the Commissioner of
Health and Comptroller, specifically dedicated to paying for those
affected individuals' medical monitoringexpenses which are not covered
by insurance. These expenses include but are not limited to:  copays
and deductibles; initial screening required for determining PFOA
levels in one's body; continued medical monitoring until the
individual's PFOA blood level is reduced to two parts per billion; and
screening for tests for illnesses linked to PFOA contamination.

Individuals who were potentially affected should never have to be put
in a position of not having regular screenings and subsequent tests
and treatments due to their inability to cover these medical costs.
Often, medical screenings allow for a timely diagnosis which can be
treated. These steps can allow for treatments which ultimately save
lives. This legislation will assist in those efforts.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :
To be determined

 EFFECTIVE DATE :
Immediately.

2015-S8185 (ACTIVE) - Bill Text download pdf

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

                                  8185

                            I N  S E N A T E

                             August 31, 2016
                               ___________

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

AN  ACT  to  amend  the  state finance law and the public health law, in
  relation to the establishment of a fund to benefit  the  residents  of
  Hoosick  Falls,  Hoosick  and Petersburgh regarding medical monitoring
  expenses for those exposed to PFOA  (perfluorooctanoic  acid)  contam-
  inated water

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

  Section 1. The state finance law is amended by adding  a  new  section
97-yyyy to read as follows:
  S  97-YYYY.  PFOA  MEDICAL  MONITORING FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF HEALTH AND THE  COMP-
TROLLER A FUND TO BE KNOWN AS THE "PFOA MEDICAL MONITORING FUND".
  2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
PAID  INTO  OR  CREDITED  TO  SUCH FUND. WHENEVER A LAWSUIT RESULTS IN A
CIVIL JUDGMENT FOR EXPENSES ALREADY PAID FOR BY THE FUND,  THAT  PORTION
OF  THE  CIVIL  JUDGMENT  SHALL BE PAID INTO THE FUND. NOTHING CONTAINED
HEREIN SHALL PREVENT THE DEPARTMENT OF  HEALTH  FROM  RECEIVING  GRANTS,
GIFTS  OR  BEQUESTS  FOR  THE  PURPOSES  OF  THE FUND AS DEFINED IN THIS
SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE PURSUANT  TO
SECTION TWO HUNDRED SIXTY-SEVEN OF THE PUBLIC HEALTH LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
SIONER OF HEALTH.
  S  2.  Article  2  of the public health law is amended by adding a new
title 7 to read as follows:
                                TITLE VII
                      PFOA MEDICAL MONITORING FUND
SECTION 267. PFOA MEDICAL MONITORING FUND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16039-01-6

S. 8185                             2

  S 267. PFOA MEDICAL MONITORING FUND. 1. DEFINITIONS. AS USED  IN  THIS
SECTION,  THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEAN-
INGS UNLESS A DIFFERENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT:
  (A) CUSTODIANS. THE TERM "CUSTODIANS" MEANS THE COMMISSIONER OF HEALTH
AND THE COMPTROLLER.
  (B)  MEDICAL  MONITORING.  THE  TERM  "MEDICAL  MONITORING"  MEANS THE
SCREENING  FOR  HEALTH  PROBLEMS  CAUSED  BY  EXPOSURE  TO  A  HAZARDOUS
SUBSTANCE EVEN THOUGH THERE IS NO ASCERTAINABLE INJURY OR SYMPTOMS.
  (C) PFOA. THE TERM "PFOA" MEANS PERFLUOROOCTANOIC ACID.
  (D)  INITIAL SCREENING. THE TERM "INITIAL SCREENING" MEANS THE INITIAL
BLOOD TEST GIVEN TO DETERMINE A PERSON'S LEVEL OF PFOA IN THEIR BODY.
  2. USE OF THE FUND. THE CUSTODIANS  SHALL  PROVIDE  FOR  THE  ADMINIS-
TRATION  OF  THE  PFOA MEDICAL MONITORING FUND AS ESTABLISHED BY SECTION
NINETY-SEVEN-YYYY OF THE STATE  FINANCE  LAW,  IN  ACCORDANCE  WITH  THE
REQUIREMENTS OF THIS SECTION AND ALL APPLICABLE LAWS, RULES, REGULATIONS
AND  OTHER  REQUIREMENTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
MONIES IN SUCH FUND BEING UTILIZED FOR THE PURPOSE OF  ENSURING  MEDICAL
MONITORING  OF THOSE EXPOSED TO PFOA IN THE VILLAGE OF HOOSICK FALLS AND
THE TOWNS OF HOOSICK AND PETERSBURGH IN ACCORDANCE WITH THE FOLLOWING:
  (A) THOSE ELIGIBLE TO BE BENEFITTED BY  THE  PFOA  MEDICAL  MONITORING
FUND SHALL BE:
  (I)  THOSE  WHO  WERE  PART  OF THE TWO THOUSAND SIXTEEN BIOMONITORING
STUDY PERFORMED IN THE VILLAGE OF HOOSICK FALLS,  TOWN  OF  HOOSICK  AND
TOWN OF PETERSBURG IN TWO THOUSAND SIXTEEN; AND
  (II)  THOSE  NOT  PART OF THE TWO THOUSAND SIXTEEN BIOMONITORING STUDY
BUT WHO CAN SHOW PROOF THAT THEY LIVED IN, WORKED  IN,  OR  VISITED  THE
VILLAGE  OF  HOOSICK FALLS, TOWN OF HOOSICK OR TOWN OF PETERSBURG BEFORE
WATER FILTRATION ELIMINATED PFOA FROM ITS WATER SOURCES AND HAD EXPOSURE
TO PFOA CONTAMINATED WATER DURING THAT TIME.
  (B) THOSE WHO WERE NOT FOUND TO HAVE ELEVATED LEVELS OF PFOA AFTER  AN
INITIAL  SCREENING  OR  THOSE  WHO  REFUSE AN INITIAL SCREENING FOR PFOA
SHALL NOT BE ELIGIBLE FOR BENEFITS BEYOND THEIR  INITIAL  SCREENING  FOR
PFOA LEVELS.
  (C)  THE  PFOA MEDICAL MONITORING FUND SHALL PAY FOR ALL MEDICAL MONI-
TORING EXPENSES WHEN NOT PAID FOR BY INSURANCE INCLUDING, BUT NOT LIMIT-
ED TO:
  (I) COPAYS AND DEDUCTIBLES;
  (II) INITIAL SCREENING REQUIRED FOR DETERMINING PFOA LEVELS  IN  ONE'S
BODY;
  (III)  CONTINUED  MEDICAL MONITORING UNTIL THE INDIVIDUAL'S PFOA BLOOD
LEVEL IS REDUCED TO TWO PARTS PER BILLION;
  (IV) SCREENING TESTS FOR ILLNESSES LINKED TO  PFOA  CONTAMINATION  AND
THOSE  ILLNESSES THAT ARE FOUND TO BE POTENTIALLY LINKED TO PFOA CONTAM-
INATION INCLUDING, BUT NOT LIMITED TO: KIDNEY CANCER, TESTICULAR CANCER,
PRE-ECLAMPSIA, ULCERATIVE COLITIS, THYROID  DISEASE,  HYPERCHOLESTEROLE-
MIA,  DEVELOPMENTAL  EFFECTS FOR FETUSES, LIVER TISSUE DAMAGE AND IMMUNE
SYSTEM IMPAIRMENTS; AND
  (V) ANY OTHER CIRCUMSTANCE THE CUSTODIANS  DEEM  REQUIRED  TO  FULFILL
THEIR DUTIES UNDER THIS SECTION.
  S 3. This act shall take effect immediately.

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