Bill Text: NY A02893 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the inclusion of weight control in the health care and wellness education and outreach program; includes weight management and physical fitness in wellness programs.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2013-12-18 - signed chap.519 [A02893 Detail]

Download: New_York-2013-A02893-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2893
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2013
                                      ___________
       Introduced  by  M. of A. CRESPO, RODRIGUEZ, RAMOS, MOYA, ARROYO, RIVERA,
         ESPINAL, SEPULVEDA -- read once  and  referred  to  the  Committee  on
         Health
       AN  ACT  to amend the public health law, in relation to the inclusion of
         weight control in the health care and wellness education and  outreach
         program;  and  to  amend  the  insurance  law, in relation to wellness
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The opening paragraph of subdivision 1, and subdivisions
    2  3, 4 and 6 of section 207 of  the  public  health  law,  as  amended  by
    3  section  16 of part A of chapter 109 of the laws of 2010, are amended to
    4  read as follows:
    5    There is hereby created within the  department  the  health  care  and
    6  wellness  education  and  outreach  program.  The department may conduct
    7  education and outreach  programs  for  consumers,  patients,  EDUCATORS,
    8  INCLUDING  BUT NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS,
    9  and health care providers  relating  to  any  health  care  matters  the
   10  commissioner deems appropriate and:
   11    3.  The  department  may produce, make available to others for reprod-
   12  uction, or contract with others to develop such materials  mentioned  in
   13  this  section  as  the  commissioner  deems appropriate. These materials
   14  shall be made available to the public AND TO  EDUCATORS,  INCLUDING  BUT
   15  NOT  LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS free of charge
   16  as appropriate or for a fee under certain circumstances. The commission-
   17  er may require where appropriate any health care provider to make  these
   18  materials available to patients.
   19    4.  In  exercising  any  of  his or her powers under this section, the
   20  commissioner may consult with  appropriate  health  care  professionals,
   21  providers, consumers, EDUCATORS and patients or organizations represent-
   22  ing them.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06799-01-3
       A. 2893                             2
    1    6.  The  commissioner  may  appoint  as  appropriate advisory councils
    2  relating to various matters that are or are proposed to be the  subjects
    3  of  programs  under this section. All such councils shall include repre-
    4  sentation of health care professionals, providers, EDUCATORS, consumers,
    5  patients  and  other  appropriate interests. The members of the councils
    6  shall receive no compensation for their services, but shall  be  allowed
    7  their  actual  and  necessary  expenses incurred in performance of their
    8  duties.
    9    S 2. Subdivision 1 of section 207 of the public health law is  amended
   10  by adding a new paragraph (i) to read as follows:
   11    (I)  ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO ADULTS
   12  AND CHILDREN WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT.  THE  INFORMA-
   13  TION  SHALL  INCLUDE,  BUT NEED NOT BE LIMITED TO PROVIDING CITATIONS TO
   14  THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
   15  MATION ON THE SUBJECT.
   16    S 3. Paragraphs 6 and 7 of subsection  (b)  of  section  3239  of  the
   17  insurance  law, as added by chapter 592 of the laws of 2008, are amended
   18  and a new paragraph 8 is added to read as follows:
   19    (6) a nutrition education program; [and]
   20    (7) health or fitness incentive programs[.]; AND
   21    (8) A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT  AND
   22  PHYSICAL  FITNESS  PROGRAM  TO  COMBAT  THE  HIGH INCIDENCE OF ADULT AND
   23  CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
   24    S 4. Subparagraphs (C) and (D) of paragraph 2  of  subsection  (c)  of
   25  section  3239  of the insurance law, as added by chapter 592 of the laws
   26  of 2008, are amended and two new subparagraphs (E) and (F) are added  to
   27  read as follows:
   28    (C) the waiver or reduction of copayments, coinsurance and deductibles
   29  for  preventive  services  covered  under the group policy or subscriber
   30  contract; [and]
   31    (D) monetary rewards in the form of gift cards or  gift  certificates,
   32  so  long  as the recipient of the reward is encouraged to use the reward
   33  for a product or a service that promotes good health,  such  as  healthy
   34  cook books, over the counter vitamins or exercise equipment[.];
   35    (E)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
   36  STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
   37    (F) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF  PARTICIPATING  IN  A
   38  HEALTH OR FITNESS PROGRAM.
   39    S 5. This act shall take effect immediately.