S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4928
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   asthma prevention and education program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  purpose.  The  legislature  finds
 that  asthma  is  a  chronic,  potentially life-threatening, respiratory
 illness that affects over a million New Yorkers,  including  many  thou-
 sands of children and adolescents. Asthma is the leading cause of school
 absences  attributed  to  chronic  conditions.  Asthma  is also directly
 linked to large and growing  inpatient  bills  for  medicaid  and  other
 health care payers. Therefore, the legislature finds that establishing a
 comprehensive statewide asthma prevention management and control program
 which  coordinates  the  efforts  of  individuals, families, health care
 providers, schools and community-based organizations is  in  the  public
 interest and would benefit the people of the state of New York.
   § 2. The public health law is amended by adding a new article 27-BB to
 read as follows:
                                ARTICLE 27-BB
                   ASTHMA DISEASE MANAGEMENT AND CONTROL
 SECTION 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL PROGRAM.
         2726. STUDY OF ASTHMA INCIDENCE AND PREVALENCE.
         2727. ASTHMA DISEASE ADVISORY PANEL.
         2728. ANNUAL REPORT.
   §  2725.  ASTHMA  DISEASE  MANAGEMENT AND CONTROL PROGRAM. 1. THERE IS
 HEREBY CREATED WITHIN THE DEPARTMENT THE ASTHMA DISEASE  MANAGEMENT  AND
 CONTROL  PROGRAM  (HEREINAFTER  REFERRED  TO  IN  THIS  ARTICLE  AS  THE
 "PROGRAM"). THE PURPOSE OF THE PROGRAM  IS  TO  PROMOTE  ASTHMA  DISEASE
 MANAGEMENT  AND EDUCATION AND OUTREACH ABOUT ASTHMA TO PEOPLE WHO SUFFER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07356-01-9
              

 S. 4928                             2
 
 FROM ASTHMA AND THEIR FAMILIES, HEALTH CARE PROVIDERS, AND  THE  GENERAL
 PUBLIC.
   2. SERVICES TO BE PROVIDED BY THE PROGRAM MAY INCLUDE:
   (A)  ASTHMA  DISEASE  MANAGEMENT  AND CASE MANAGEMENT FOR PATIENTS AND
 THEIR FAMILIES;
   (B) ASTHMA OUTREACH AND SCREENING;
   (C) THE PROMOTION OF AWARENESS OF THE CAUSES OF ASTHMA;
   (D) EDUCATION ON PREVENTION STRATEGIES;
   (E) EDUCATION ON PROPER DISEASE MANAGEMENT PRACTICES; AND
   (F) EDUCATION ON AVAILABLE TREATMENT MODALITIES.
   3. THE COMMISSIONER SHALL MAKE GRANTS WITHIN THE AMOUNTS  APPROPRIATED
 THEREFORE  TO  LOCAL  HEALTH  AGENCIES,  HEALTH CARE PROVIDERS, SCHOOLS,
 SCHOOL BASED HEALTH CENTERS AND COMMUNITY-BASED ORGANIZATIONS, AND OTHER
 ORGANIZATIONS  WITH  DEMONSTRATED  INTEREST  AND  EXPERTISE  IN  SERVING
 PERSONS  WITH  ASTHMA  TO  PROVIDE THE SERVICES SET OUT IN THIS SECTION.
 GRANT RECIPIENTS SHALL BE GOVERNMENT ENTITIES OR  NOT-FOR-PROFIT  ORGAN-
 IZATIONS.
   THE COMMISSIONER MAY COORDINATE GRANTS UNDER THIS SUBDIVISION WITH THE
 AVAILABILITY  OF  GRANTS  FROM  OTHER SOURCES. THE COMMISSIONER MAY ALSO
 ACCEPT OR SEEK GRANTS FROM OTHER SOURCES TO ENHANCE THE  AMOUNTS  APPRO-
 PRIATED TO THE PROGRAM.
   §  2726.  STUDY  OF ASTHMA INCIDENCE AND PREVALENCE. 1. THE DEPARTMENT
 SHALL STUDY THE INCIDENCE AND PREVALENCE OF ASTHMA IN THE STATE'S  POPU-
 LATION  AND  CURRENT  DISEASE  MANAGEMENT  PRACTICES.  SUCH  STUDY SHALL
 INCLUDE:
   (A) THE CAUSE AND NATURE OF THE DISEASE;
   (B) BEHAVIORAL AND ENVIRONMENTAL TRIGGERS;
   (C) AN ASSESSMENT OF THE NEED FOR PATIENT-CENTERED CASE MANAGEMENT  TO
 MEET SPECIFIC PHYSICAL AND ENVIRONMENTAL NEEDS OF PATIENTS;
   (D)  OUTCOME  EVALUATIONS,  INCLUDING,  BUT  NOT  LIMITED  TO, PATIENT
 PERCEPTIONS OF IMPROVEMENT, SIGNS  AND  SYMPTOMS  OF  ASTHMA,  PULMONARY
 FUNCTION,  HISTORY  OF ASTHMA EXACERBATIONS, PHARMACOTHERAPY, ASSESSMENT
 OF HOSPITAL EMERGENCY  ROOM  VISITS  FOR  ASTHMA,  AND  PATIENT-PROVIDER
 COMMUNICATION; AND
   (E)  AN  ASSESSMENT OF THE ABILITY OF PROVIDERS, INCLUDING NON-PROFES-
 SIONALS AND HEALTH CARE PROFESSIONALS SUCH AS PHYSICIANS, NURSES,  PHAR-
 MACISTS AND RESPIRATORY THERAPISTS, TO SYSTEMICALLY INSTRUCT AND DEVELOP
 ASTHMA MANAGEMENT PLANS FOR PATIENTS AND FREQUENTLY REVIEW WITH PATIENTS
 AND THEIR FAMILIES HOW TO MANAGE AND CONTROL THEIR ASTHMA.
   2.  THE  DEPARTMENT  SHALL  GATHER DATA FOR MONITORING THE OCCURRENCE,
 FREQUENCY, INCIDENCE, CAUSE, EFFECT AND SEVERITY OF ASTHMA.
   (A) THE DEPARTMENT MAY REQUIRE THE FOLLOWING TO REPORT DATA UNDER THIS
 SUBDIVISION:
   I. THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM (SPARCS);
   II. HEALTH MAINTENANCE  ORGANIZATIONS  LICENSED  PURSUANT  TO  ARTICLE
 FORTY-THREE  OF  THE INSURANCE LAW OR CERTIFIED PURSUANT TO THIS CHAPTER
 OR AN INDEPENDENT PRACTICE ASSOCIATION CERTIFIED OR RECOGNIZED  PURSUANT
 TO THIS CHAPTER;
   III. OTHER INSURERS;
   IV.  THE  MEDICAID  (TITLE  XIX  OF  THE  FEDERAL SOCIAL SECURITY ACT)
 PROGRAM;
   V. HEALTH FACILITIES;
   VI. HEALTH CARE PRACTITIONERS;
   VII. PATIENTS: SELF REPORTING;
   VIII. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; AND
   IX. ANY OTHER SOURCE THE COMMISSIONER DEEMS APPROPRIATE.

 S. 4928                             3

   (B) THE DEPARTMENT SHALL COMPILE AND ANALYZE DATA GATHERED UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION AND CORRELATE IT WITH DATA AS TO PLACES OF
 EMPLOYMENT, AREAS OF RESIDENCE, SCHOOLS ATTENDED, ENVIRONMENTAL  FACTORS
 INCLUDING  PROXIMITY  TO  SOURCE OF POLLUTION AND SUCH OTHER DATA AS THE
 DEPARTMENT DEEMS APPROPRIATE.
   (C)  THE  DEPARTMENT  SHALL  MAINTAIN  AND  COMPILE REPORTED DATA IN A
 MANNER SUITABLE FOR RESEARCH PURPOSES AND SHALL COLLECT  AND  MAKE  SUCH
 DATA  AVAILABLE  TO PERSONS IN THE MANNER SET FORTH IN SUBDIVISION THREE
 OF THIS SECTION.
   3. ANY DATA COLLECTED OR REPORTED SHALL NOT CONTAIN THE  NAME  OF  ANY
 PATIENT,  HIS  OR  HER  SOCIAL SECURITY NUMBER, OR ANY OTHER INFORMATION
 WHICH WOULD PERMIT A PATIENT TO  BE  IDENTIFIED.  THE  DEPARTMENT  SHALL
 DEVELOP  A  UNIQUE, CONFIDENTIAL IDENTIFIER TO BE USED IN THE COLLECTION
 OF PATIENT INFORMATION AS REQUIRED BY THIS SECTION.
   § 2727. ASTHMA DISEASE ADVISORY PANEL. THERE IS HEREBY CREATED  WITHIN
 THE  DEPARTMENT  AN  ASTHMA DISEASE ADVISORY PANEL.   THE ADVISORY PANEL
 SHALL ADVISE THE COMMISSIONER REGARDING THE IMPLEMENTATION OF  PROGRAMS,
 STUDIES  AND  REPORTS  AUTHORIZED UNDER THIS ARTICLE. THE GOVERNOR SHALL
 APPOINT ELEVEN MEMBERS TO THE ADVISORY PANEL. TWO OF THE  MEMBERS  SHALL
 BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, TWO
 OF  THE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPO-
 RARY PRESIDENT OF THE SENATE, ONE OF THE   MEMBERS  SHALL  BE  APPOINTED
 UPON  THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY, AND ONE
 OF THE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORI-
 TY LEADER OF THE SENATE. THE APPOINTEES SHALL BE  PERSONS  KNOWLEDGEABLE
 IN  THE  CAUSES  AND  MANAGEMENT  OF  ASTHMA AND SHALL HAVE DEMONSTRATED
 COMMITMENT TO IMPROVING THE DETECTION OF  ASTHMA  AND  THE  DELIVERY  OF
 SERVICES  TO PEOPLE WITH ASTHMA. AT LEAST ONE MEMBER SHALL REPRESENT THE
 INTERESTS OF PERSONS WITH ASTHMA AND AT LEAST ONE MEMBER SHALL BE  KNOW-
 LEDGEABLE OF ENVIRONMENTAL FACTORS RELATING TO ASTHMA.
   §  2728.  ANNUAL  REPORT.  COMMENCING  ON  THE  FIRST  OF JANUARY NEXT
 SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND  ANNUALLY  THEREAFTER,
 THE  COMMISSIONER, IN CONSULTATION WITH THE ADVISORY PANEL, SHALL SUBMIT
 A REPORT REGARDING THE STATUS AND ACCOMPLISHMENTS  OF  THE  PROGRAM  AND
 PROVIDE RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND THE
 MINORITY  LEADER  OF THE SENATE, AND THE SPEAKER AND THE MINORITY LEADER
 OF THE ASSEMBLY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.