S T A T E O F N E W Y O R K
________________________________________________________________________
6976
2021-2022 Regular Sessions
I N A S S E M B L Y
April 19, 2021
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred 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.
LBD06804-01-1
A. 6976 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.
A. 6976 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 is authorized to be made and
completed on or before such date.