LBD08212-01-7
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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:
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(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
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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.
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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-
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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
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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
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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:
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(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
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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.