S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5037
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Agriculture
 
 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  obesity  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 education law, in
   relation to the use of inhalers and nebulizers (Part G); to amend  the
   real  property law, in relation to residential rental property smoking
   policies (Part H); to amend the state  finance  law,  in  relation  to
   establishing  the  obesity and respiratory disease research and educa-
   tion fund (Part I); to amend the social services law, in  relation  to
   child  day  care  facilities  (Part J); to amend the education law, in
   relation to use of school facilities by not-for-profit and  charitable
   organizations  for after-school programs (Part K); 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
   L);  to  amend  the  education law, in relation to instruction in good
   health and reducing the incidence of obesity (Part M);  to  amend  the
   public  buildings  law, in relation to bicycle access to public office
   buildings (Part N); to amend the agriculture and markets law  and  the
   education  law, in relation to authorizing school districts and insti-
   tutions of higher education to donate excess food to  local  voluntary
   food  assistance programs (Part O); and to amend the insurance law and
   the public health law, in relation to making  actuarially  appropriate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08212-01-7

 A. 5037                             2
 
   reductions in health insurance premiums in return for an enrollee's or
   insured's participation in a qualified wellness program (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".
   §  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. Subdivision 1 of section 206 of the public  health  law  is
 amended by adding two new paragraphs (w) and (x) to read as follows:
   (W) (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
 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.
   (X) (I) FOR PURPOSES OF  THIS  PARAGRAPH,  THE  FOLLOWING  DEFINITIONS
 SHALL APPLY:

 A. 5037                             3
 
   (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.
   §  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.
   §  1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTH CARE PROVID-
 ER, HEALTH CARE INSURER AND PREGNANCY PROGRAM IS ENCOURAGED TO  DISTRIB-
 UTE  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 HEALTH CARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
 STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION  OF  QUITTING  SMOKING
 WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
   § 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

 A. 5037                             4
 
   5.  FINANCIAL  INCENTIVES SUCH AS DIAPER COUPONS FOR QUITTING FOR MORE
 THAN FOUR WEEKS.
   § 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
 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.
   § 2. This act shall take effect immediately.

 A. 5037                             5
 
                                  PART D
 
   Section  1.  Paragraphs (a) and (g) of subdivision 2 of section 2599-b
 of the public health law, as amended by section 1 of part A  of  chapter
 469 of the laws of 2015, are amended to read as follows:
   (a)  developing media health promotion campaigns, IN COORDINATION WITH
 THE  PUBLIC  INFORMATION  PROVIDED  PURSUANT  TO   SECTION   TWENTY-FIVE
 HUNDRED-L  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;
   education to children and their parents and caregivers; [and]
   (g)  developing screening programs, IN ACCORDANCE WITH SECTION TWENTY-
 FIVE HUNDRED-L 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
   § 2. 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:
   § 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-L 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-L  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-

 A. 5037                             6
 
 rials to the governor and the legislature by June first of the following
 year AND UPDATE SUCH REPORT EVERY THREE YEARS.
   § 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 section  5  of  part  A  of
 chapter 60 of the laws of 2014, 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
 cancer research, OR ADULT AND CHILDHOOD OBESITY, ASTHMA,  CHRONIC  BRON-
 CHITIS 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 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  cancer  research projects, AND ADULT AND
 CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER  CHRONIC  RESPIR-
 ATORY  DISEASE  RESEARCH PROJECTS that are currently being conducted and
 recommendations for future research projects;
   § 2. The public health law is amended by adding a new  section  2500-l
 to read as follows:
   §  2500-L. 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

 A. 5037                             7
 
 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
 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.
   § 3. This act shall take effect immediately.
 
                                  PART G
 
   Section 1.  The education law is amended by adding a new  section  923
 to read as follows:
   § 923. 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

 A. 5037                             8
 
   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.
   § 2. 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 necessary for the implementation of this act on such  effec-
 tive date.

                                  PART H
 
   Section  1.  The  real property law is amended by adding a new section
 235-h to read as follows:
   § 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.
   §  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 I
 
   Section 1.  The state finance law is amended by adding a  new  section
 91-g to read as follows:
   §  91-G.  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-L 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.
   § 2. This act shall take effect immediately.

                                  PART J
 
   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. 5037                             9
 
   (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 LEVELS OF PHYSICAL ACTIVITY AND NUTRI-
 TIONAL OFFERINGS TO ENCOURAGE HEALTHY EATING AND LIVING HABITS  TO  HELP
 LOWER  THE  INCIDENCE  OF  CHILDHOOD  OBESITY (VI) minimum standards for
 sanitation, health, infection control, nutrition, buildings  and  equip-
 ment,  safety,  security  procedures,  first  aid, fire prevention, fire
 safety, evacuation plans and  drills,  prevention  of  child  abuse  and
 maltreatment,  staff  qualifications  and  training, record keeping, and
 child behavior management.
   § 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 DISCOURAGE  ACTIVITIES
 RELATED  TO  BREAST  FEEDING  A CHILD OR FEEDING A CHILD WHO IS FED WITH
 EXPRESSED BREAST MILK.
   § 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 K
 
   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.
   § 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-
 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

 A. 5037                            10
 
 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.
   § 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.
   § 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.
   § 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 L
 
   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:
   § 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

 A. 5037                            11
 
 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.
   § 2. Subdivisions 1, 3 and 4 of section  903  of  the  education  law,
 subdivision  1  as  amended by chapter 376 of the laws of 2015, subdivi-
 sions 3 and 4 as amended by chapter 281 of the laws of 2007,  and  para-
 graph  a  of subdivision 3 as amended by section 28 of part A of chapter
 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
 subdivision three of section six thousand nine hundred two of this chap-
 ter,  or  by  a  duly  licensed physician, physician assistant, or nurse
 practitioner, who is authorized to practice in the jurisdiction in which
 the examination was given, provided that the commissioner has determined
 that such jurisdiction has standards of licensure and practice  compara-
 ble  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 EXAMINATION 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 OBESI-
 TY, 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 conver-
 sion  factor  of  703. Weight status categories for children and adoles-
 cents shall be as defined by the commissioner 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 neces-

 A. 5037                            12
 
 sary 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.
   § 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

 A. 5037                            13
 
 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.
   § 4. Section 912 of the education law, as amended by  chapter  477  of
 the laws of 2004, is amended to read as follows:
   § 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

 A. 5037                            14

 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.
   §  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.
   § 6. This act shall take effect two years after it shall have become a
 law.
 
                                  PART M
 
   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

 A. 5037                            15
 
 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.
   § 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.
   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.
   § 3. The section heading and subdivision  1  of  section  804  of  the
 education  law,  as  amended  by  chapter  390  of the laws of 2016, are
 amended to read as follows:
   Health education regarding  mental  health,  alcohol,  drugs,  tobacco
 abuse,  THE REDUCTION IN THE INCIDENCE OF OBESITY and the prevention and
 detection of certain cancers. 1.  All schools under the jurisdiction  of
 the  department  shall  ensure  that  their  health, SCIENCE OR PHYSICAL
 education programs  recognize  the  multiple  dimensions  of  health  by
 including  mental  health and the relation of physical and mental health
 so as to enhance student understanding,  attitudes  and  behaviors  that
 promote health, well-being and human dignity.
   §  4. 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

 A. 5037                            16
 
 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.
   §  5. Section 813 of the education law, as added by chapter 296 of the
 laws of 1994, is amended to read as follows:
   § 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.
   § 6. This act shall take effect immediately, except that section three
 of this act shall take effect on the same date and in the same manner as
 chapter 390 of the laws of 2016 takes effect.
 
                                  PART N
 
   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:
   § 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
 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  SIXTEEN
 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

 A. 5037                            17
 
 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
 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.

 A. 5037                            18
 
   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, RECREATION AND HISTORIC
 PRESERVATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS. THE REMAINING FOUR
 MEMBERS SHALL CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE  ASSOCI-
 ATION  REPRESENTATIVES,  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 ASSEMBLY.
   (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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART O
 
   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
 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.
   § 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

 A. 5037                            19
 
 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART P
 
   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:
   (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

 A. 5037                            20
 
   (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.
   § 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;
   (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.

 A. 5037                            21
 
   (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.
   § 3. Subsection (c) of section 3239 of the insurance law,  as  amended
 by chapter 180 of the laws of 2016, is  amended to read as follows:
   (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, weight management, stress and/or hypertension, worker
 injury  prevention,  nutrition  education,  substance  or  alcohol abuse
 cessation, or chronic pain management and coping programs;
   (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.
   § 4. 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

 A. 5037                            22
 
 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
 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.
   § 5. 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;

 A. 5037                            23

   (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.
   § 6. 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
 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.
   § 7. 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

 A. 5037                            24
 
 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.
   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;
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law, except that section three of this act shall
 take effect on the same date and in the same manner as  chapter  180  of
 the  laws of 2016 takes effect; 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.
   § 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.
   § 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.