Bill Text: NY A06548 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "omnibus obesity and respiratory illness reduction act"; provides for the screening for childhood obesity by elementary and secondary schools and promotes the availability of certain healthy foods and beverages; provides for the regulation of the use of trans fats and requires the provision of nutritional information by food service facilities; requires instruction in schools on good health practices; includes certain respiratory diseases and obesity in disease management demonstration programs; enacts provisions to reduce the incidence of certain respiratory diseases; enacts provisions to prevent in-utero exposure to tobacco smoke; provides for the use of inhalers and nebulizers by certain students; provides for residential real property smoking policies; expands the collection and reporting of data on obesity in the state; directs the health research science board to study obesity and respiratory diseases; provides for expanded obesity prevention and screening; expands ease of breastfeeding in child day care centers and at work; establishes the obesity and respiratory disease research and education fund; relates to the use of school facilities by not-for-profit and charitable organizations for after school programs; includes weight management and physical fitness in wellness programs; requires day care centers to provide healthy foods and exercise; provides for a state office building bicycle parking and storage facilities expansion and inventory plan and creates a temporary bicycle commuting task force; authorizes school districts and institutions of higher education to donate excess food to local voluntary food assistance programs.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-20 - print number 6548b [A06548 Detail]
Download: New_York-2015-A06548-Introduced.html
Bill Title: Enacts the "omnibus obesity and respiratory illness reduction act"; provides for the screening for childhood obesity by elementary and secondary schools and promotes the availability of certain healthy foods and beverages; provides for the regulation of the use of trans fats and requires the provision of nutritional information by food service facilities; requires instruction in schools on good health practices; includes certain respiratory diseases and obesity in disease management demonstration programs; enacts provisions to reduce the incidence of certain respiratory diseases; enacts provisions to prevent in-utero exposure to tobacco smoke; provides for the use of inhalers and nebulizers by certain students; provides for residential real property smoking policies; expands the collection and reporting of data on obesity in the state; directs the health research science board to study obesity and respiratory diseases; provides for expanded obesity prevention and screening; expands ease of breastfeeding in child day care centers and at work; establishes the obesity and respiratory disease research and education fund; relates to the use of school facilities by not-for-profit and charitable organizations for after school programs; includes weight management and physical fitness in wellness programs; requires day care centers to provide healthy foods and exercise; provides for a state office building bicycle parking and storage facilities expansion and inventory plan and creates a temporary bicycle commuting task force; authorizes school districts and institutions of higher education to donate excess food to local voluntary food assistance programs.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-20 - print number 6548b [A06548 Detail]
Download: New_York-2015-A06548-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6548
2015-2016 Regular Sessions
I N A S S E M B L Y
March 26, 2015
___________
Introduced by M. of A. CRESPO, PICHARDO, RIVERA, COOK, CROUCH, FINCH,
RAIA, DILAN -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once
and referred to the Committee on Agriculture
AN ACT to amend the public health law, in relation to regulating the use
of artificial trans fats and requiring food service facilities to post
or provide nutritional information on the food products served (Part
A); to amend the public health law, in relation to in-utero exposure
to tobacco smoke prevention (Part B); to amend the public health law,
in relation to including certain respiratory diseases and obesity
within disease management demonstration programs (Part C); to amend
the public health law, in relation to the reduction of emphysema,
chronic bronchitis and other chronic respiratory diseases in children
(Part D); to amend the public health law, in relation to the
collection and reporting of obesity data (Part E); to amend the public
health law, in relation to directing the health research science board
to study respiratory diseases and obesity, and childhood obesity
prevention and screening (Part F); to amend the public health law, in
relation to breastfeeding of infants and the adolescent pregnancy
nutrition counseling program (Part G); to amend the education law, in
relation to the use of inhalers and nebulizers (Part H); to amend the
real property law, in relation to residential rental property smoking
policies (Part I); to amend the state finance law, in relation to
establishing the obesity and respiratory disease research and educa-
tion fund (Part J); to amend the social services law, in relation to
child day care facilities (Part K); to amend the education law, in
relation to use of school facilities by not-for-profit and charitable
organizations for after-school programs (Part L); to amend the educa-
tion law, in relation to screening for childhood obesity and promotion
of the availability of certain foods and beverages in schools (Part
M); intentionally omitted (Part N); to amend the education law, in
relation to instruction in good health and reducing the incidence of
obesity (Part O); to amend the public buildings law, in relation to
bicycle access to public office buildings (Part P); to amend the agri-
culture and markets law and the education law, in relation to author-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03888-02-5
A. 6548 2
izing school districts and institutions of higher education to donate
excess food to local voluntary food assistance programs (Part Q); and
to amend the insurance law and the public health law, in relation to
making actuarially appropriate reductions in health insurance premiums
in return for an enrollee's or insured's participation in a qualified
wellness program (Part R)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "omnibus obesity and respiratory illness reduction act".
3 S 2. This act enacts into law major components of legislation which
4 combat the incidence of adult and child obesity and respiratory
5 diseases, and encourage the production and consumption of fresh fruits
6 and vegetables. Each component is wholly contained within a Part identi-
7 fied as Parts A through R. The effective date for each particular
8 provision contained within such Part is set forth in the last section of
9 such Part. Any provision in any section contained within a Part, includ-
10 ing the effective date of the Part, which makes a reference to a section
11 "of this act", when used in connection with that particular component,
12 shall be deemed to mean and refer to the corresponding section of the
13 Part in which it is found. Section four of this act sets forth the
14 general effective date of this act.
15 PART A
16 Section 1. Subdivision 1 of section 206 of the public health law is
17 amended by adding two new paragraphs (v) and (w) to read as follows:
18 (V) (I) BY RULE OR REGULATION, MAY REQUIRE FOOD SERVICE ESTABLISHMENTS
19 INCLUDING, BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS, DELIS, BAKER-
20 IES, ELEMENTARY AND SECONDARY SCHOOLS, HOSPITALS, MOBILE FOOD SERVICE
21 VEHICLES AND CARTS, AND CHILD CARE FACILITIES, THAT PREPARE, SELL OR
22 SERVE FOOD FOR IMMEDIATE CONSUMPTION BY THE GENERAL PUBLIC, TO RESTRICT
23 THE USE OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF SUCH FOOD. FOR THE
24 PURPOSES OF THIS PARAGRAPH, THE TERM "ARTIFICIAL TRANS FAT" MEANS ANY
25 FOOD THAT IS LABELED, AND WHICH LISTS AS AN INGREDIENT OR CONTAINS VEGE-
26 TABLE SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGE-
27 TABLE OIL; PROVIDED, HOWEVER, THAT ANY FOOD WITH A NUTRITIONAL FACT
28 LABEL OR OTHER DOCUMENTATION FROM A MANUFACTURER LIST STATING A TRANS
29 FAT CONTENT OF LESS THAN .5 GRAMS PER SERVING SHALL NOT BE DEEMED TO
30 CONTAIN ARTIFICIAL TRANS FAT. SUCH RULES AND REGULATIONS SHALL NOT APPLY
31 TO ANY FOOD SERVED DIRECTLY TO THE GENERAL PUBLIC IN THE MANUFACTURER'S
32 ORIGINAL SEALED PACKAGE. FURTHERMORE, SUCH RULES AND REGULATIONS SHALL
33 NOT APPLY TO ANY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD COMMISSARY
34 THAT IS SUBJECT TO ANY LOCAL LAW, ORDINANCE, CODE OR RULE THAT REGULATES
35 THE USE OR DISCLOSURE OF ARTIFICIAL TRANS FATS BY FOOD SERVICE ESTAB-
36 LISHMENTS.
37 (II) THE COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
38 REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED
39 TO, THE FOLLOWING COMPONENTS: (A) A PUBLIC INFORMATION DISSEMINATION
40 PROGRAM TO INFORM THE PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
41 OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD PREPA-
42 RATION METHODS THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND
A. 6548 3
1 THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE OF ARTIFICIAL TRANS
2 FATS.
3 (W) (I) FOR PURPOSES OF THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
4 SHALL APPLY:
5 (A) "FOOD SERVICE FACILITY" MEANS A FOOD SERVICE ESTABLISHMENT, AS
6 DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
7 OR CONTROL WITH AT LEAST TWENTY-FIVE OTHER FOOD SERVICE ESTABLISHMENTS
8 WITH THE SAME NAME IN THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE
9 SAME MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT COMPANY
10 WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
11 THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
12 (B) "NUTRITIONAL INFORMATION" MAY INCLUDE THE FOLLOWING, PER STANDARD
13 MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
14 (I) TOTAL NUMBER OF CALORIES.
15 (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
16 (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
17 (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
18 (C) "POINT OF SALE" MEANS THE LOCATION WHERE A CUSTOMER PLACES AN
19 ORDER.
20 (D) IN CALCULATING NUTRITIONAL INFORMATION, A FOOD SERVICE FACILITY
21 MAY USE ANY REASONABLE MEANS RECOGNIZED BY THE FEDERAL FOOD AND DRUG
22 ADMINISTRATION TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD MENU
23 ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
24 ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
25 (II)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILITY
26 TO DISCLOSE THE NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B) OF THIS
27 SUBPARAGRAPH.
28 (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
29 DISCLOSE THE NUTRITIONAL INFORMATION IN A CLEAR AND CONSPICUOUS MANNER
30 AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
31 S 2. This act shall take effect one year after it shall have become a
32 law, provided that, effective immediately, any rules and regulations
33 necessary to implement the provisions of this act on its effective date
34 are authorized and directed to be completed on or before such date.
35 PART B
36 Section 1. The public health law is amended by adding a new article
37 13-I to read as follows:
38 ARTICLE 13-I
39 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
40 SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
41 1399-YY. PROGRAMS.
42 S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
43 HEALTHCARE INSURER AND PREGNANCY PROGRAM IS ENCOURAGED TO DISTRIBUTE
44 INFORMATION ON THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH
45 FIRSTHAND AND SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT
46 INCLUDE LOWER BIRTH RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND
47 COGNITIVE AND DEVELOPMENTAL DAMAGE.
48 2. EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
49 STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION OF QUITTING SMOKING
50 WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
51 S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
52 TOBACCO CONTROL PROGRAMS FOR PREGNANT WOMEN OR TO OTHER PREGNANCY
53 RELATED PROGRAMS:
54 1. CARBON MONOXIDE MONITORING;
A. 6548 4
1 2. DEPRESSION, SOCIAL SUPPORT AND DOMESTIC VIOLENCE SCREENING AND
2 REFERRALS;
3 3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
4 4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
5 5. FINANCIAL INCENTIVES SUCH AS DIAPER COUPONS FOR QUITTING FOR MORE
6 THAN FOUR WEEKS.
7 S 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law. Provided, that effective immediately the
9 commissioner of health is authorized and directed to promulgate any and
10 all rules and regulations, and take any other measures necessary to
11 implement the provisions of this act on its effective date.
12 PART C
13 Section 1. Subdivisions 2 and 4 of section 2111 of the public health
14 law, as added by section 21 of part C of chapter 58 of the laws of 2004,
15 are amended to read as follows:
16 2. The department shall establish the criteria by which individuals
17 will be identified as eligible for enrollment in the demonstration
18 programs. Persons eligible for enrollment in the disease management
19 demonstration program shall be limited to individuals who: receive
20 medical assistance pursuant to title eleven of article five of the
21 social services law and may be eligible for benefits pursuant to title
22 18 of the social security act (Medicare); are not enrolled in a Medicaid
23 managed care plan, including individuals who are not required or not
24 eligible to participate in Medicaid managed care programs pursuant to
25 section three hundred sixty-four-j of the social services law; are diag-
26 nosed with chronic health problems as may be specified by the entity
27 undertaking the demonstration program, including, but not limited to one
28 or more of the following: congestive heart failure, chronic obstructive
29 pulmonary disease, asthma, CHRONIC BRONCHITIS, OTHER CHRONIC RESPIRATORY
30 DISEASES, diabetes, ADULT AND CHILDHOOD OBESITY, or other chronic health
31 conditions as may be specified by the department; or have experienced or
32 are likely to experience one or more hospitalizations or are otherwise
33 expected to incur excessive costs and high utilization of health care
34 services.
35 4. The demonstration program shall offer evidence-based services and
36 interventions designed to ensure that the enrollees receive high quali-
37 ty, preventative and cost-effective care, aimed at reducing the necessi-
38 ty for hospitalization or emergency room care or at reducing lengths of
39 stay when hospitalization is necessary. The demonstration program may
40 include screening of eligible enrollees, developing an individualized
41 care management plan for each enrollee and implementing that plan.
42 Disease management demonstration programs that utilize information tech-
43 nology systems that allow for continuous application of evidence-based
44 guidelines to medical assistance claims data and other available data to
45 identify specific instances in which clinical interventions are justi-
46 fied and communicate indicated interventions to physicians, health care
47 providers and/or patients, and monitor physician and health care provid-
48 er response to such interventions, shall have the enrollees, or groups
49 of enrollees, approved by the department for participation. The services
50 provided by the demonstration program as part of the care management
51 plan may include, but are not limited to, case management, social work,
52 individualized health counselors, multi-behavioral goals plans, claims
53 data management, health and self-care education, drug therapy management
54 and oversight, personal emergency response systems and other monitoring
A. 6548 5
1 technologies, SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR MONI-
2 TORING, telehealth services and similar services designed to improve the
3 quality and cost-effectiveness of health care services.
4 S 2. This act shall take effect immediately.
5 PART D
6 Section 1. Section 2599-b of the public health law, as amended by
7 section 88 of part B of chapter 58 of the laws of 2005, is amended to
8 read as follows:
9 S 2599-b. Program development. 1. The program shall be designed to
10 prevent and reduce the incidence and prevalence of obesity in children
11 and adolescents, especially among populations with high rates of obesity
12 and obesity-related health complications including, but not limited to,
13 diabetes, heart disease, cancer, osteoarthritis, asthma, CHRONIC BRON-
14 CHITIS, OTHER CHRONIC RESPIRATORY DISEASES and other conditions. The
15 program shall use recommendations and goals of the United States depart-
16 ments of agriculture and health and human services, the surgeon general
17 and centers for disease control AND PREVENTION in developing and imple-
18 menting guidelines for nutrition education and physical activity
19 projects as part of obesity prevention efforts. The content and imple-
20 mentation of the program shall stress the benefits of choosing a
21 balanced, healthful diet from the many options available to consumers,
22 without specifically targeting the elimination of any particular food
23 group, food product or food-related industry.
24 2. The childhood obesity prevention program shall include, but not be
25 limited to:
26 (a) developing media health promotion campaigns, IN COORDINATION WITH
27 THE PUBLIC INFORMATION PROVIDED PURSUANT TO SECTION TWENTY-FIVE
28 HUNDRED-L OF THIS ARTICLE, targeted to children and adolescents and
29 their parents and caregivers that emphasize increasing consumption of
30 low-calorie, high-nutrient foods, decreasing consumption of high-calo-
31 rie, low-nutrient foods and increasing physical activity designed to
32 prevent or reduce obesity;
33 (b) establishing school-based childhood obesity prevention nutrition
34 education and physical activity programs including programs described in
35 section twenty-five hundred ninety-nine-c of this article, as well as
36 other programs with linkages to physical and health education courses,
37 and which utilize the school health index of the National Center for
38 Chronic Disease Prevention and Health Promotion or other recognized
39 school health assessment PURSUANT TO ARTICLE NINETEEN OF THE EDUCATION
40 LAW;
41 (c) establishing community-based childhood obesity prevention nutri-
42 tion education and physical activity programs including programs which
43 involve parents and caregivers, and which encourage communities, fami-
44 lies, child care and other settings to provide safe and adequate space
45 and time for physical activity and encourage a healthy diet, AND CAN BE
46 IN COORDINATION WITH COUNTY COOPERATIVE EXTENSION PROGRAMS ESTABLISHED
47 PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-B OF THE COUNTY LAW;
48 (d) coordinating with the state education department, department of
49 agriculture and markets, office of parks, recreation and historic pres-
50 ervation, office of temporary and disability assistance, office of chil-
51 dren and family services and other federal, state and local agencies to
52 incorporate strategies to prevent and reduce childhood obesity into
53 government food assistance, health, education and recreation programs;
A. 6548 6
1 (e) sponsoring periodic conferences or meetings to bring together
2 experts in nutrition, exercise, public health, mental health, education,
3 parenting, media, food marketing, food security, agriculture, community
4 planning and other disciplines to examine societal-based solutions to
5 the problem of childhood obesity and issue guidelines and recommenda-
6 tions for New York state policy and programs;
7 (f) developing training programs for medical and other health profes-
8 sionals to teach practical skills in nutrition and exercise education to
9 children and their parents and caregivers; [and]
10 (g) developing screening programs, IN ACCORDANCE WITH SECTION TWENTY-
11 FIVE HUNDRED-L OF THIS ARTICLE, in coordination with health care provid-
12 ers and institutions including but not limited to day care centers and
13 schools for overweight and obesity for children aged two through eigh-
14 teen years, using body mass index (BMI) appropriate for age and gender,
15 and notification, in a manner protecting the confidentiality of such
16 children and their families, of parents of BMI status, and explanation
17 of the consequences of such status, including recommended actions
18 parents may need to take and information about resources and referrals
19 available to families to enhance nutrition and physical activity to
20 reduce and prevent obesity[.]; AND
21 (H) COORDINATING WITH THE EDUCATION DEPARTMENT, OFFICE OF TEMPORARY
22 AND DISABILITY ASSISTANCE, OFFICE OF CHILDREN AND FAMILY SERVICES AND
23 OTHER FEDERAL, STATE AND LOCAL AGENCIES TO INCORPORATE STRATEGIES TO
24 CURTAIL THE INCIDENCE OF ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC
25 RESPIRATORY DISEASES TO ENABLE ADULTS AND CHILDREN TO SAFELY INCREASE
26 PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY.
27 3. The department, IN COOPERATION WITH THE EDUCATION DEPARTMENT, shall
28 periodically collect and analyze information from schools, health and
29 nutrition programs and other sources to determine the prevalence of
30 childhood obesity in New York state, and to evaluate, to the extent
31 possible, the effectiveness of the childhood obesity prevention program.
32 S 2. The opening paragraph of section 2599-c of the public health law,
33 as amended by section 88 of part B of chapter 58 of the laws of 2005, is
34 amended to read as follows:
35 The commissioner, IN COOPERATION WITH THE COMMISSIONERS OF EDUCATION
36 AND AGRICULTURE AND MARKETS, AND COUNTY BOARDS OF COOPERATIVE EXTENSION,
37 shall encourage the establishment of school-based childhood obesity
38 prevention and physical activity programs that promote:
39 S 3. This act shall take effect immediately.
40 PART E
41 Section 1. Section 263 of the public health law, as added by chapter
42 538 of the laws of 2002, is amended to read as follows:
43 S 263. Department authorized to study obesity - report. 1. The depart-
44 ment is authorized to sample and collect data on individual cases where
45 obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
46 TWENTY-FIVE HUNDRED-L OF THIS CHAPTER, and to analyze such data in order
47 to evaluate the impact of treating obesity. Such data collection and
48 analysis shall include the following:
49 a. The effectiveness of existing methods for treating or preventing
50 obesity;
51 b. The effectiveness of alternate methods for treating or preventing
52 obesity;
53 c. The fiscal impact of treating or preventing obesity;
A. 6548 7
1 d. The compliance and cooperation of patients with various methods of
2 treating or preventing obesity; or
3 e. The reduction in serious medical problems associated with diabetes
4 that results from treating or preventing obesity.
5 2. The department is authorized to fund the research authorized in
6 subdivision one of this section AND SECTION TWENTY-FIVE HUNDRED-L OF
7 THIS CHAPTER from gifts, grants, and donations from individuals, private
8 organizations, foundations, or any governmental unit; except that no
9 gift, grant, or donation may be accepted by the department if it is
10 subject to conditions that are inconsistent with this title or any other
11 laws of this state. The department shall have the power to direct the
12 disposition of any such gift, grant, or donation for the purposes of
13 this title.
14 3. After completion of the research authorized in subdivision one of
15 this section, the department shall submit a report and supporting mate-
16 rials to the governor and the legislature by June first of the following
17 year AND UPDATE SUCH REPORT EVERY THREE YEARS.
18 S 2. This act shall take effect immediately.
19 PART F
20 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
21 2411 of the public health law, as amended by section 5 of part A of
22 chapter 60 of the laws of 2014, are amended to read as follows:
23 (a) Survey state agencies, boards, programs and other state govern-
24 mental entities to assess what, if any, relevant data has been or is
25 being collected which may be of use to researchers engaged in breast
26 cancer research, OR ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRON-
27 CHITIS OR OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
28 (b) Consistent with the survey conducted pursuant to paragraph (a) of
29 this subdivision, compile a list of data collected by state agencies
30 which may be of assistance to researchers engaged in breast cancer
31 research as established in section twenty-four hundred twelve of this
32 title, AND ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR
33 OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
34 (c) Consult with the Centers for Disease Control and Prevention, the
35 National Institutes of Health, the Federal Agency For Health Care Policy
36 and Research, the National Academy of Sciences and other organizations
37 or entities which may be involved in cancer research to solicit both
38 information regarding breast cancer research projects, AND ADULT AND
39 CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIR-
40 ATORY DISEASE RESEARCH PROJECTS that are currently being conducted and
41 recommendations for future research projects;
42 S 2. Subdivision 1 of section 2500 of the public health law, as
43 amended by chapter 822 of the laws of 1987, is amended to read as
44 follows:
45 1. The commissioner shall act in an advisory and supervisory capacity,
46 in matters pertaining to the safeguarding of motherhood, the prevention
47 of maternal, perinatal, infant and child mortality, the prevention of
48 diseases, low birth weight, CHILDHOOD OBESITY, and defects of childhood
49 and the promotion of maternal, prenatal and child health, including care
50 in hospitals, and shall administer such services bearing on the health
51 of mothers and children for which funds are or shall hereafter be made
52 available.
53 S 3. The public health law is amended by adding a new section 2500-l
54 to read as follows:
A. 6548 8
1 S 2500-L. CHILDHOOD OBESITY PREVENTION AND SCREENING. 1. LEGISLATIVE
2 DECLARATION. THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES THAT
3 OBESITY, PARTICULARLY CHILDHOOD OBESITY, IS A SERIOUS MEDICAL PROBLEM
4 AND THAT THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE CURTAILED TO
5 IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE THE
6 COST OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT THE
7 LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
8 TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
9 2. THE COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC PRIMARY CARE
10 PROVIDERS AND HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE EARLY SCREEN-
11 ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
12 OR MAY BECOME SUSCEPTIBLE TO CONTRACTING ASTHMA OR MANIFEST TO HAVE
13 CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
14 AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
15 FEDERAL DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH AND
16 HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
17 AND PREVENTION.
18 3. THE DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN ALL HOSPITALS
19 WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
20 AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
21 EACH AFFILIATE HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S NETWORK TO
22 THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-
23 MATION SHALL INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH AS MEDICAL
24 RECORD NUMBER.
25 4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
26 LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
27 TO RELEASE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW, AND WHERE
28 APPLICABLE, SHALL BE SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF
29 SECTION TWENTY-EIGHT HUNDRED FIVE-M OF THIS CHAPTER, EXCEPT THAT THE
30 RELEASE OF BIRTH CERTIFICATE INFORMATION SHALL BE SUBJECT TO SECTION
31 FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
32 5. THE COMMISSIONER MAY RELEASE INFORMATION COLLECTED THROUGH THE
33 STATEWIDE PERINATAL DATA SYSTEM, PURSUANT TO SECTION TWENTY-FIVE
34 HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
35 CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
36 ING PERSONS OR ENTITIES UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW
37 QUALITY OF CARE ISSUES, AS RELATED TO THE PROVISIONS OF THIS SECTION,
38 AND TO CONDUCT QUALITY IMPROVEMENT INITIATIVES AS NEEDED TO MONITOR,
39 EVALUATE AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR PERSON
40 OR ENTITY UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY OF CARE
41 ISSUES SHALL MAINTAIN THE CONFIDENTIALITY OF ALL SUCH INFORMATION AND
42 SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
43 MENT, AND TO IMPLEMENT THE PROVISIONS OF TITLE FIVE OF ARTICLE TWO OF
44 THIS CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE LAWS
45 OF TWO THOUSAND TWO.
46 6. THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS ON
47 CHILDHOOD OBESITY AND ASTHMA RISKS AND PRECAUTIONS. SUCH MATERIALS MAY
48 BE MADE AVAILABLE TO CHILD CARE CENTERS, PEDIATRICIANS AND NURSERY,
49 ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
50 RELATION TO CHILDREN, AND TO HOSPITALS, BIRTHING CENTERS AND OTHER
51 APPROPRIATE HEALTH CARE PROVIDERS FOR DISTRIBUTION TO MATERNITY
52 PATIENTS. IN ADDITION, SUCH MATERIALS MAY BE PROVIDED TO HEALTH CARE
53 PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
54 UTION TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE DEPARTMENT
55 MAY ALSO PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA RISKS AND
56 PRECAUTIONS ON THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION OF THIS
A. 6548 9
1 SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
2 OF EDUCATIONAL MATERIALS RELATING THERETO PRODUCED BY ANY PUBLIC,
3 PRIVATE OR GOVERNMENTAL ENTITY, IN LIEU OF THE DEPARTMENT'S PRODUCTION
4 OF SUCH MATERIALS.
5 7. THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON OBESITY
6 AND ASTHMA IN CHILDREN AND UPDATE THE INFORMATION ON CHILDHOOD OBESITY
7 AND ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS EDUCATIONAL
8 MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
9 S 4. This act shall take effect immediately.
10 PART G
11 Section 1. Section 2505-a of the public health law, as added by chap-
12 ter 292 of the laws of 2009, is amended to read as follows:
13 S 2505-a. Rights of breastfeeding mothers. 1. The principles enunci-
14 ated in subdivision three of this section are declared to be the public
15 policy of the state and a copy of such statement of rights shall be
16 posted conspicuously in a public place in each maternal health care
17 facility AND CHILD DAY CARE FACILITY. For purposes of this section,
18 "maternal health care provider" means a physician, midwife, or other
19 authorized practitioner attending a pregnant woman; and "maternal health
20 care facility" includes hospitals and freestanding birthing centers
21 providing perinatal services in accordance with article twenty-eight of
22 this chapter and applicable regulations.
23 2. The commissioner shall make available to every maternal health care
24 provider [and], maternal health care facility AND CHILD DAY CARE FACILI-
25 TY, on the health department's website for the purpose of health care
26 facilities to include such rights in the maternity information leaflet
27 as described in section twenty-eight hundred three-j of this chapter, a
28 copy of the statement of rights provided in subdivision three of this
29 section in the top six languages other than English spoken in the state
30 according to the latest available data from the U.S. Bureau of Census,
31 and shall adopt any rules and regulations necessary to ensure that such
32 patients are treated in accordance with the provisions of such state-
33 ment.
34 3. The statement of rights shall consist of the following:
35 "Breastfeeding Mothers' Bill of Rights"
36 Choosing the way you will feed your new baby is one of the important
37 decisions you will make in preparing for your infant's arrival. Doctors
38 agree that for most women breastfeeding is the safest and most healthy
39 choice. It is your right to be informed about the benefits of breast-
40 feeding and have your health care provider [and], maternal health care
41 facility AND CHILD DAY CARE FACILITY encourage and support breastfeed-
42 ing. You have the right to make your own choice about breastfeeding.
43 Whether you choose to breastfeed or not you have the following basic
44 rights regardless of your race, creed, national origin, sexual orien-
45 tation, gender identity or expression, or source of payment for your
46 health care. Maternal health care facilities have a responsibility to
47 ensure that you understand these rights. They must provide this informa-
48 tion clearly for you and must provide an interpreter if necessary. These
49 rights may only be limited in cases where your health or the health of
50 your baby requires it. If any of the following things are not medically
51 right for you or your baby, you should be fully informed of the facts
52 and be consulted.
53 (1) Before You Deliver, if you attend prenatal childbirth education
54 classes provided by the maternal health care facility and all hospital
A. 6548 10
1 clinics and diagnostic and treatment centers providing prenatal services
2 in accordance with article 28 of the public health law you must receive
3 the breastfeeding mothers' bill of rights. Each maternal health care
4 facility shall provide the maternity information leaflet, including the
5 Breastfeeding Mothers' Bill of Rights, in accordance with section twen-
6 ty-eight hundred three-i of this chapter to each patient or to the
7 appointed personal representative at the time of prebooking or time of
8 admission to a maternal health care facility. Each maternal health care
9 provider shall give a copy of the Breastfeeding Mothers' Bill of Rights
10 to each patient at or prior to the medically appropriate time.
11 You have the right to complete information about the benefits of
12 breastfeeding for yourself and your baby. This will help you make an
13 informed choice on how to feed your baby.
14 You have the right to receive information that is free of commercial
15 interests and includes:
16 * How breastfeeding benefits you and your baby nutritionally,
17 medically and emotionally;
18 * How to prepare yourself for breastfeeding;
19 * How to understand some of the problems you may face and how to solve
20 them.
21 (2) In The Maternal Health Care Facility:
22 * You have the right to have your baby stay with you right after birth
23 whether you deliver vaginally or by cesarean section. You have the right
24 to begin breastfeeding within one hour after birth.
25 * You have the right to have someone trained to help you in breast-
26 feeding give you information and help you when you need it.
27 * You have the right to have your baby not receive any bottle feeding
28 or pacifiers.
29 * You have the right to know about and refuse any drugs that may dry
30 up your milk.
31 * You have the right to have your baby in your room with you 24 hours
32 a day.
33 * You have the right to breastfeed your baby at any time day or night.
34 * You have the right to know if your doctor or your baby's pediatri-
35 cian is advising against breastfeeding before any feeding decisions are
36 made.
37 * You have the right to have a sign on your baby's crib clearly stat-
38 ing that your baby is breastfeeding and that no bottle feeding of any
39 type is to be offered.
40 * You have the right to receive full information about how you are
41 doing with breastfeeding and get help on how to improve.
42 * You have the right to breastfeed your baby in the neonatal intensive
43 care unit. If nursing is not possible, every attempt will be made to
44 have your baby receive your pumped or expressed milk.
45 * If you, or your baby, are re-hospitalized in a maternal care facili-
46 ty after the initial delivery stay, the hospital will make every effort
47 to continue to support breastfeeding, to provide hospital grade electric
48 pumps and rooming in facilities.
49 * You have the right to have help from someone specially trained in
50 breastfeeding support and expressing breast milk if your baby has
51 special needs.
52 * You have the right to have a family member or friend receive breast-
53 feeding information from a staff member if you request it.
54 (3) When You Leave The Maternal Health Care Facility:
55 * You have the right to printed breastfeeding information free of
56 commercial material.
A. 6548 11
1 * You have the right, unless specifically requested by you, and avail-
2 able at the facility, to be discharged from the facility without
3 discharge packs containing infant formula, or formula coupons unless
4 ordered by your baby's health care provider.
5 * You have the right to get information about breastfeeding resources
6 in your community including information on availability of breastfeeding
7 consultants, support groups and breast pumps.
8 * You have the right to have the facility give you information to help
9 choose a medical provider for your baby and understand the importance of
10 a follow-up appointment.
11 * You have the right to receive information about safely collecting
12 and storing your breast milk.
13 * You have the right to breastfeed your baby in any location, public
14 or private, where you are otherwise authorized to be. Complaints can be
15 directed to the New York State Division of Human Rights.
16 * YOU HAVE A RIGHT TO BREASTFEED YOUR BABY AT YOUR PLACE OF EMPLOYMENT
17 OR CHILD DAY CARE CENTER IN AN ENVIRONMENT THAT DOES NOT DISCOURAGE
18 BREASTFEEDING OR THE PROVISION OF BREAST MILK.
19 All the above are your rights. If the maternal health care facility
20 does not honor these rights you can seek help by contacting the New York
21 state department of health or by contacting the hospital complaint
22 hotline or via email.
23 4. The commissioner shall make regulations reasonably necessary to
24 implement this section.
25 S 2. Section 2505 of the public health law, as added by chapter 479 of
26 the laws of 1980, is amended to read as follows:
27 S 2505. Human breast milk; collection, storage and distribution;
28 general powers of the commissioner. The commissioner is hereby
29 empowered to:
30 (a) adopt regulations and guidelines including, but not limited to
31 donor standards, methods of collection, and standards for storage, and
32 distribution of human breast milk;
33 (b) conduct educational activities to inform the public and health
34 care providers of the availability of human breast milk for infants
35 determined to require such milk and to inform potential donors of the
36 opportunities for proper donation;
37 (c) ADOPT REGULATIONS AND GUIDELINES TO ENCOURAGE AND FACILITATE
38 EMPLOYERS AND CHILD DAY CARE CENTERS TO ESTABLISH ENVIRONMENTS THAT DO
39 NOT DISCOURAGE BREASTFEEDING AND THE PROVISION OF BREAST MILK. SUCH
40 ENVIRONMENTS SHALL INCLUDE SANITARY LOCATIONS FOR BREASTFEEDING, REFRI-
41 GERATORS, AND TRAINED STAFF TO ASSIST IN BREASTFEEDING AND FEEDING
42 BABIES WITH EXPRESSED BREAST MILK;
43 (D) COLLECT AND COMPILE DATA ON THE PREVALENCE OF BREASTFEEDING IN THE
44 STATE AND THE HEALTH CONDITION OF CHILDREN FED BREAST MILK IN COMPARISON
45 TO THOSE WHO WERE NOT; AND
46 (E) establish rules and regulations to effectuate the provisions of
47 this section.
48 S 3. Subdivision 2 of section 2515 of the public health law, as added
49 by section 20 of part A of chapter 58 of the laws of 2008, is amended to
50 read as follows:
51 2. "Services for eligible adolescents" means those services, including
52 but not limited to: vocational and educational counseling, job skills
53 training, family life and parenting education, life skills development,
54 coordination, case management, primary preventive health care, PREGNANCY
55 AND CHILD NUTRITION COUNSELING FOR EXPECTANT MOTHERS TO CURB THE INCI-
56 DENCE OF CHILDHOOD OBESITY, family planning, social and recreational
A. 6548 12
1 programs, child care, outreach and advocacy, follow-up on service utili-
2 zation, crisis intervention, and efforts to stimulate community interest
3 and involvement.
4 S 4. Paragraph (c) of subdivision 2 of section 2515-a of the public
5 health law, as added by section 20 of part A of chapter 58 of the laws
6 of 2008, is amended to read as follows:
7 (c) serve a geographic area where the incidence of infant mortality,
8 LOW BIRTH WEIGHT INFANTS, CHILDHOOD OBESITY and the prevalence of low-
9 income families are high and where the availability or accessibility of
10 services for eligible adolescents is low;
11 S 5. Subdivision (b) of section 2522 of the public health law, as
12 amended by chapter 484 of the laws of 2009, is amended and a new subdi-
13 vision (e-1) is added to read as follows:
14 (b) promotion of community awareness of the benefits TO THE MOTHER AND
15 CHILD of preconception health and early and continuous prenatal care;
16 (E-1) HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH PARENTS,
17 REGARDING CHILDHOOD AND ADULT OBESITY AND ASTHMA, AND THE PREVENTION OR
18 MITIGATION THEREOF;
19 S 6. This act shall take effect immediately.
20 PART H
21 Section 1. The education law is amended by adding a new section 923 to
22 read as follows:
23 S 923. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
24 ATIVE EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE NEBU-
25 LIZERS IN THE OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE
26 LOCATION.
27 2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
28 MAY PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF ASTHMA MEDICATION
29 THROUGH THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON AUTHORIZED
30 BY REGULATION. THE REGULATIONS MAY INCLUDE:
31 A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
32 TO ADMINISTER ASTHMA MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
33 MANAGEMENT AND IN THE USE OF NEBULIZERS AND INHALERS CONSISTENT WITH
34 NATIONALLY RECOGNIZED STANDARDS; AND
35 B. A REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
36 PURSUANT TO SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE OR A NEBULIZER
37 HAVE AN ASTHMA TREATMENT PLAN PREPARED BY THE PHYSICIAN OF THE PUPIL,
38 WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT PLAN, AND
39 SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE REGENTS.
40 S 2. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law; provided, however, that effective immediate-
42 ly the commissioner of education is authorized to promulgate rules and
43 regulations for the implementation of this act on such effective date.
44 PART I
45 Section 1. The real property law is amended by adding a new section
46 235-h to read as follows:
47 S 235-H. RESIDENTIAL RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL
48 AGREEMENT FOR A DWELLING UNIT, IN A MULTIPLE DWELLING BUILDING WITH
49 TWENTY OR MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY
50 FOR THE PREMISES ON WHICH THE DWELLING UNIT IS LOCATED. THE DISCLOSURE
51 MUST STATE WHETHER SMOKING IS PROHIBITED ON THE PREMISES, ALLOWED ON THE
52 ENTIRE PREMISES OR ALLOWED IN LIMITED AREAS ON THE PREMISES. IF THE
A. 6548 13
1 SMOKING POLICY ALLOWS SMOKING IN LIMITED AREAS ON THE PREMISES, THE
2 DISCLOSURE MUST IDENTIFY THE AREAS ON THE PREMISES WHERE SMOKING IS
3 ALLOWED.
4 S 2. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law.
6 PART J
7 Section 1. The state finance law is amended by adding a new section
8 91-h to read as follows:
9 S 91-H. OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND.
10 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
11 OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
12 AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".
13 2. SUCH FUND SHALL CONSIST OF ALL REVENUE RECEIVED PURSUANT TO AN
14 APPROPRIATION THERETO, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR
15 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
16 NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT THE STATE FROM
17 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AND
18 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
19 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT AND CHILDHOOD
20 OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
21 RESEARCH AND EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO SECTIONS TWEN-
22 TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-L OF
23 THE PUBLIC HEALTH LAW.
24 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
25 THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
26 HEALTH.
27 S 2. This act shall take effect immediately.
28 PART K
29 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the
30 social services law, as added by chapter 416 of the laws of 2000, is
31 amended to read as follows:
32 (a) The office of children and family services shall promulgate regu-
33 lations which establish minimum quality program requirements for
34 licensed and registered child day care homes, programs and facilities.
35 Such requirements shall include but not be limited to (i) the need for
36 age appropriate activities, materials and equipment to promote cogni-
37 tive, educational, social, cultural, physical, emotional, language and
38 recreational development of children in care in a safe, healthy and
39 caring environment (ii) principles of childhood development (iii) appro-
40 priate staff/child ratios for family day care homes, group family day
41 care homes, school age day care programs and day care centers, provided
42 however that such staff/child ratios shall not be less stringent than
43 applicable staff/child ratios as set forth in part four hundred four-
44 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
45 teen of title eighteen of the New York code of rules and regulations as
46 of January first, two thousand (iv) appropriate levels of supervision of
47 children in care (v) APPROPRIATE PHYSICAL ACTIVITY, NUTRITIONAL OFFER-
48 INGS, AND LOW CALORIE AND LOW SUGAR BEVERAGES TO LOWER THE INCIDENCE OF
49 CHILDHOOD OBESITY (VI) minimum standards for sanitation, health,
50 infection control, nutrition, buildings and equipment, safety, security
51 procedures, first aid, fire prevention, fire safety, evacuation plans
A. 6548 14
1 and drills, prevention of child abuse and maltreatment, staff qualifica-
2 tions and training, record keeping, and child behavior management.
3 S 2. Section 390-a of the social services law is amended by adding a
4 new subdivision 6 to read as follows:
5 6. NO FAMILY DAY CARE HOME, GROUP FAMILY DAY CARE HOME, SCHOOL AGE
6 CHILD CARE PROGRAM OR CHILD DAY CARE CENTER SHALL DISCRIMINATE AGAINST
7 ANY CHILD WHO IS BREAST FED OR WHO IS FED WITH EXPRESSED BREAST MILK.
8 S 3. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law; provided that, effec-
10 tive immediately, any rules and regulations necessary to implement the
11 provisions of this act on its effective date are authorized and directed
12 to be completed on or before such date.
13 PART L
14 Section 1. Subdivision 1 of section 414 of the education law is
15 amended by adding a new paragraph (l) to read as follows:
16 (L) FOR BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY A NOT-FOR-PROFIT
17 OR CHARITABLE ORGANIZATION. SUCH PROGRAMS SHALL PRESENT SOME FORM OF
18 EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
19 TION.
20 S 2. Subdivision 2 of section 414 of the education law, as amended by
21 chapter 513 of the laws of 2005, is amended to read as follows:
22 2. The trustees or board of education shall determine the terms and
23 conditions for such use which may include rental at least in an amount
24 sufficient to cover all resulting expenses for the purposes of para-
25 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
26 of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
27 THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
28 NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
29 ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
30 (d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
31 allow the exclusion of any district child solely because said child is
32 not attending a district school or not attending the district school
33 which is sponsoring such use or on which grounds the use is to occur.
34 S 3. Subdivision 27 of section 2590-h of the education law, as amended
35 by chapter 345 of the laws of 2009, is amended to read as follows:
36 27. Promulgate regulations, in conjunction with each community super-
37 intendent, establishing a plan for providing access to school facilities
38 in each community school district, when not in use for school purposes,
39 in accordance with the provisions of section four hundred fourteen of
40 this chapter. Such plan shall set forth a reasonable system of fees not
41 to exceed the actual costs and specify that no part of any fee shall
42 directly or indirectly benefit or be deposited into an account which
43 inures to the benefit of the custodians or custodial engineers.
44 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE
45 CONTRARY, SUCH PLAN MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE
46 SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
47 CHARITABLE ORGANIZATION. THE USE OF SUCH FACILITIES SHALL ONLY BE FOR
48 BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME FORM OF EDUCATIONAL
49 INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
50 S 4. Subdivision 27 of section 2590-h of the education law, as amended
51 by chapter 720 of the laws of 1996, is amended to read as follows:
52 27. Develop, in conjunction with each community superintendent, a plan
53 for providing access to school facilities in each community school
54 district, when not in use for school purposes, in accordance with the
A. 6548 15
1 provisions of section four hundred fourteen of this chapter. Such plan
2 shall set forth a reasonable system of fees not to exceed the actual
3 costs and specify that no part of any fee shall directly or indirectly
4 benefit or be deposited into an account which inures to the benefit of
5 the custodians or custodial engineers. NOTWITHSTANDING ANY OTHER
6 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, SUCH PLAN MAY
7 PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE
8 OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
9 USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
10 THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL,
11 OR PROMOTE PHYSICAL EDUCATION.
12 S 5. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided that the amendments to subdivision
14 27 of section 2590-h of the education law, made by section three of this
15 act, shall be subject to the expiration and reversion of such section,
16 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
17 2009, as amended, when upon such date the provisions of section four of
18 this act shall take effect.
19 PART M
20 Section 1. Section 901 of the education law, as amended by chapter 477
21 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
22 of chapter 58 of the laws of 2006, is amended to read as follows:
23 S 901. School health services to be provided. 1. School health
24 services, as defined in subdivision two of this section, shall be
25 provided by each school district for all students attending the public
26 schools in this state, except in the city school district of the city of
27 New York, as provided in this article. School health services shall
28 include the services of a registered professional nurse, if one is
29 employed, and shall also include such services as may be rendered as
30 provided in this article in examining students for the existence of
31 disease or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING FOR
32 CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
33 INDEX AND WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE HUNDRED FOUR
34 OF THIS ARTICLE, and in testing the eyes and ears of such students.
35 2. School health services for the purposes of this article shall mean
36 the several procedures, including, but not limited to, medical examina-
37 tions, dental inspection and/or screening, scoliosis screening, vision
38 screening [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED BY
39 BODY MASS INDEX AND WEIGHT STATUS CATEGORY, designed to determine the
40 health status of the child; to inform parents or other persons in
41 parental relation to the child, pupils and teachers of the individual
42 child's health condition subject to federal and state confidentiality
43 laws; to guide parents, children and teachers in procedures for prevent-
44 ing and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI-
45 TIONS; to instruct the school personnel in procedures to take in case of
46 accident or illness; to survey and make necessary recommendations
47 concerning the health and safety aspects of school facilities and the
48 provision of health information.
49 S 2. Subdivisions 1, 3 and 4 of section 903 of the education law, as
50 amended by chapter 281 of the laws of 2007, subdivision 1 as separately
51 amended by section 11 of part B of chapter 58 of the laws of 2007 and
52 paragraph a of subdivision 3 as amended by section 28 of part A of chap-
53 ter 58 of the laws of 2008, are amended to read as follows:
A. 6548 16
1 1. A health certificate shall be furnished by each student in the
2 public schools upon his or her entrance in such schools and upon his or
3 her entry into the grades prescribed by the commissioner in regulations,
4 provided that such regulations shall require such certificates at least
5 twice during the elementary grades and twice in the secondary grades. An
6 examination and health history of any child may be required by the local
7 school authorities at any time in their discretion to promote the educa-
8 tional interests of such child. Each certificate shall be signed by a
9 duly licensed physician, physician assistant, or nurse practitioner, who
10 is authorized by law to practice in this state, and consistent with any
11 applicable written practice agreement, or by a duly licensed physician,
12 physician assistant, or nurse practitioner, who is authorized to prac-
13 tice in the jurisdiction in which the examination was given, provided
14 that the commissioner has determined that such jurisdiction has stand-
15 ards of licensure and practice comparable to those of New York. Each
16 such certificate shall describe the condition of the student when the
17 examination was made, which shall not be more than twelve months prior
18 to the commencement of the school year in which the examination is
19 required, and shall state whether such student is in a fit condition of
20 health to permit his or her attendance at the public schools. THE EXAM-
21 INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
22 WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS ASSOCIATED WITH
23 TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
24 ANY OTHER FACTORS CONSISTENT WITH INCREASED RISK SHALL BE TESTED FOR
25 DIABETES. Each such certificate shall also state the student's body mass
26 index (BMI) and weight status category. For purposes of this section,
27 BMI is computed as the weight in kilograms divided by the square of
28 height in meters or the weight in pounds divided by the square of height
29 in inches multiplied by a conversion factor of 703. Weight status cate-
30 gories for children and adolescents shall be as defined by the commis-
31 sioner of health. In all school districts such physician, physician
32 assistant or nurse practitioner shall determine whether a one-time test
33 for sickle cell anemia is necessary or desirable and he or she shall
34 conduct such a test and the certificate shall state the results.
35 3. a. Within thirty days after the student's entrance in such schools
36 or grades, the health certificate shall be submitted to the principal or
37 his or her designee and shall be filed in the student's cumulative
38 health record. If such student does not present a health certificate as
39 required in this section, unless he or she has been accommodated on
40 religious grounds, the principal or the principal's designee shall cause
41 a notice to be sent to the parents or person in parental relationship to
42 such student that if the required health certificate is not furnished
43 within thirty days from the date of such notice, an examination will be
44 made of such student, as provided in this article. Each school and
45 school district [chosen as part of an appropriate sampling methodology]
46 shall participate in surveys directed by the commissioner of health
47 pursuant to the public health law in relation to students' BMI and
48 weight status categories as reported on the school health certificate
49 and which shall be subject to audit by the commissioner of health. Such
50 surveys shall contain the information required pursuant to subdivision
51 one of this section in relation to students' BMI and weight status cate-
52 gories in aggregate. Parents or other persons in parental relation to a
53 student may refuse to have the student's BMI and weight status category
54 included in such survey. Each school and school district shall provide
55 the commissioner of health with any information, records and reports he
56 or she may require for the purpose of such audit. The BMI and weight
A. 6548 17
1 status survey and audit as described in this subdivision shall be
2 conducted consistent with confidentiality requirements imposed by feder-
3 al law.
4 b. Within thirty days after the student's entrance in such schools or
5 grades, the dental health certificate, if obtained, shall be filed in
6 the student's cumulative health record.
7 4. Notwithstanding the provisions of subdivisions one, two and three
8 of this section, no examinations for a health certificate or health
9 history shall be required or dental certificate requested, and no
10 screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
11 be required where a student or the parent or person in parental relation
12 to such student objects thereto on the grounds that such examinations or
13 health history conflict with their genuine and sincere religious
14 beliefs.
15 S 3. Subdivision 1 of section 904 of the education law, as amended by
16 section 12 of part B of chapter 58 of the laws of 2007, is amended to
17 read as follows:
18 1. Each principal of a public school, or his or her designee, shall
19 report to the director of school health services having jurisdiction
20 over such school, the names of all students who have not furnished
21 health certificates as provided in section nine hundred three of this
22 article, or who are children with disabilities, as defined by article
23 eighty-nine of this chapter, and the director of school health services
24 shall cause such students to be separately and carefully examined and
25 tested to ascertain whether any student has defective sight or hearing,
26 or any other physical disability which may tend to prevent him or her
27 from receiving the full benefit of school work, or from requiring a
28 modification of such work to prevent injury to the student or from
29 receiving the best educational results. Each examination shall also
30 include a calculation of the student's body mass index (BMI) and weight
31 status category. For purposes of this section, BMI is computed as the
32 weight in kilograms divided by the square of height in meters or the
33 weight in pounds divided by the square of height in inches multiplied by
34 a conversion factor of 703. Weight status categories for children and
35 adolescents shall be as defined by the commissioner of health. In all
36 school districts, such physician, physician assistant or nurse practi-
37 tioner shall determine whether a one-time test for sickle cell anemia is
38 necessary or desirable and he or she shall conduct such tests and the
39 certificate shall state the results. If it should be ascertained, upon
40 such test or examination, that any of such students have defective sight
41 or hearing[,] or other physical disability, including sickle cell
42 anemia, as above described, OR ARE OBESE, the principal or his or her
43 designee shall notify the parents of, or other persons in parental
44 relation to, the child as to the existence of such disability. If the
45 parents or other persons in parental relation are unable or unwilling to
46 provide the necessary relief and treatment for such students, such fact
47 shall be reported by the principal or his or her designee to the direc-
48 tor of school health services, whose duty it shall be to provide relief
49 for such students. Each school and school district [chosen as part of an
50 appropriate sampling methodology] shall participate in surveys directed
51 by the commissioner of health pursuant to the public health law in
52 relation to students' BMI and weight status categories as determined by
53 the examination conducted pursuant to this section and which shall be
54 subject to audit by the commissioner of health. Such surveys shall
55 contain the information required pursuant to this subdivision in
56 relation to students' BMI and weight status categories in aggregate.
A. 6548 18
1 [Parents or other persons in parental relation to a student may refuse
2 to have the student's BMI and weight status category included in such
3 survey.] Each school and school district shall provide the commissioner
4 of health with any information, records and reports he or she may
5 require for the purpose of such audit. The BMI and weight status survey
6 and audit as described in this section shall be conducted consistent
7 with confidentiality requirements imposed by federal law. [Data
8 collection for such surveys shall commence on a voluntary basis at the
9 beginning of the two thousand seven academic school year, and by all
10 schools chosen as part of the sampling methodology at the beginning of
11 the two thousand eight academic school year.] The department shall also
12 utilize the collected data to develop a report of child obesity and
13 obesity related diseases.
14 S 4. Section 912 of the education law, as amended by chapter 477 of
15 the laws of 2004, is amended to read as follows:
16 S 912. Health and welfare services to all children. The voters and/or
17 trustees or board of education of every school district shall, upon
18 request of the authorities of a school other than public, provide resi-
19 dent children who attend such school with any or all of the health and
20 welfare services and facilities which are made available by such voters
21 and/or trustees or board of education to or for children attending the
22 public schools of the district. Such services may include, but are not
23 limited to all services performed by a physician, physician assistant,
24 dentist, dental hygienist, registered professional nurse, nurse practi-
25 tioner, school psychologist, school social worker or school speech ther-
26 apist, and may also include dental prophylaxis, vision and hearing
27 screening examinations, CHILDHOOD OBESITY SCREENING, the taking of
28 medical histories and the administration of health screening tests, the
29 maintenance of cumulative health records and the administration of emer-
30 gency care programs for ill or injured students. Any such services or
31 facilities shall be so provided notwithstanding any provision of any
32 charter or other provision of law inconsistent herewith. Where children
33 residing in one school district attend a school other than public
34 located in another school district, the school authorities of the
35 district of residence shall contract with the school authorities of the
36 district where such nonpublic school is located, for the provision of
37 such health and welfare services and facilities to such children by the
38 school district where such nonpublic school is located, for a consider-
39 ation to be agreed upon between the school authorities of such
40 districts, subject to the approval of the qualified voters of the
41 district of residence when required under the provisions of this chap-
42 ter. Every such contract shall be in writing and in the form prescribed
43 by the commissioner, and before such contract is executed the same shall
44 be submitted for approval to the superintendent of schools having juris-
45 diction over such district of residence and such contract shall not
46 become effective until approved by such superintendent.
47 S 5. Subdivisions 4 and 5 of section 918 of the education law, as
48 added by chapter 493 of the laws of 2004, are amended to read as
49 follows:
50 4. The committee is encouraged to study AND MAKE RECOMMENDATIONS ON
51 all facets of the current nutritional policies of the district includ-
52 ing, but not limited to, the goals of the district to promote health and
53 proper nutrition, REDUCE THE INCIDENCE OF CHILDHOOD OBESITY, vending
54 machine sales, menu criteria, educational curriculum teaching healthy
55 nutrition, AND educational information provided to parents or guardians
56 regarding healthy nutrition and the health risks associated with obesi-
A. 6548 19
1 ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIRATORY DISEASES.
2 PROVIDED, FURTHER, THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
3 PARENTAL RELATION ON opportunities offered to parents or guardians to
4 encourage healthier eating habits to students, and the education
5 provided to teachers and other staff as to the importance of healthy
6 nutrition AND ABOUT THE DANGERS OF CHILDHOOD OBESITY. In addition the
7 committee shall consider recommendations and practices of other
8 districts and nutrition studies.
9 5. The committee is encouraged to report periodically to the district
10 regarding practices that will educate teachers, parents or guardians and
11 children about healthy nutrition and raise awareness of the dangers of
12 CHILDHOOD obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIR-
13 ATORY DISEASES. The committee is encouraged also to provide any parent
14 teacher associations in the district with such findings and recommenda-
15 tions.
16 S 6. This act shall take effect two years after it shall have become a
17 law.
18 PART N
19 Intentionally omitted.
20 PART O
21 Section 1. Subdivisions 1 and 5 of section 803 of the education law,
22 as amended by chapter 118 of the laws of 1957, are amended to read as
23 follows:
24 1. All pupils above the age of eight years in all elementary and
25 secondary schools, shall receive as part of the prescribed courses of
26 instruction therein such physical education under the direction of the
27 commissioner of education as the regents may determine. Such courses
28 shall be designed to aid in the well-rounded education of pupils and in
29 the development of character, citizenship, OVERALL physical fitness,
30 GOOD health [and], the worthy use of leisure AND THE REDUCTION IN THE
31 INCIDENCE OF CHILDHOOD OBESITY. Pupils above such age attending the
32 public schools shall be required to attend upon such prescribed courses
33 of instruction.
34 5. (A) It shall be the duty of the regents to adopt rules determining
35 the subjects to be included in courses of physical education provided
36 for in this section, the period of instruction in each of such courses,
37 the qualifications of teachers, and the attendance upon such courses of
38 instruction.
39 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE REGENTS
40 MAY PROVIDE IN ITS RULES THAT THE PHYSICAL EDUCATION INSTRUCTION
41 REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
42 GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR ACTIV-
43 ITY, INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
44 TIVE EDUCATION PROGRAMS. THE REGENTS MAY INCLUDE IN ITS RULES THAT
45 STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
46 IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF ONE
47 HUNDRED TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE
48 FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
49 TARY SCHOOLS IN ITS RULES.
50 S 2. The section heading and subdivision 1 of section 804 of the
51 education law, the section heading as amended by chapter 401 of the laws
A. 6548 20
1 of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
2 are amended and a new subdivision 3-b is added to read as follows:
3 Health education regarding alcohol, drugs, tobacco abuse, THE
4 REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and detection
5 of certain cancers. 1. All schools shall include, as an integral part of
6 health, SCIENCE, OR PHYSICAL education, instruction so as to discourage
7 the misuse and abuse of alcohol, tobacco[,] and other drugs, TO REDUCE
8 THE INCIDENCE OF OBESITY, and promote attitudes and behavior that
9 enhance health, well being, and human dignity.
10 3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED WITH
11 OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
12 INCLUDING GOOD NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
13 AN INTEGRAL PART OF REQUIRED HEALTH, SCIENCE, OR PHYSICAL EDUCATION
14 COURSES.
15 S 3. Subdivision 1 of section 804-a of the education law, as added by
16 chapter 730 of the laws of 1986, is amended to read as follows:
17 1. Within the amounts appropriated, the commissioner is hereby
18 authorized to establish a demonstration program and to distribute state
19 funds to local school districts, boards of cooperative educational
20 services and in certain instances community school districts, for the
21 development, implementation, evaluation, validation, demonstration and
22 replication of exemplary comprehensive health education programs to
23 assist the public schools in developing curricula, training staff, and
24 addressing local health education needs of students, parents, and staff.
25 SUCH PROGRAMS SHALL SERVE THE PURPOSE OF DEVELOPING AND ENHANCING
26 PUPILS' HEALTH KNOWLEDGE, SKILLS, ATTITUDES AND BEHAVIORS, WHICH IS
27 FUNDAMENTAL TO IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
28 AS WELL AS REDUCING THE INCIDENCE OF ADOLESCENT PREGNANCY, ALCOHOL
29 ABUSE, TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
30 MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD
31 AND ADOLESCENCE.
32 S 4. Section 813 of the education law, as added by chapter 296 of the
33 laws of 1994, is amended to read as follows:
34 S 813. School lunch period; scheduling. Each school shall schedule a
35 reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
36 pre-kindergarten through grade twelve WITH AMPLE TIME to consume lunch
37 AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
38 S 5. This act shall take effect immediately.
39 PART P
40 Section 1. Section 11 of the public buildings law, as added by chapter
41 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of
42 the laws of 1988, is amended to read as follows:
43 S 11. Pilot program of bicycle parking facilities. 1. Legislative
44 finding. In recognition of the role which bicycles can serve as a valu-
45 able transportation mode with energy conservation, health, PHYSICAL
46 FITNESS and environmental benefits, it is hereby declared to be the
47 policy of the state that provision for adequate and safe bicycle facili-
48 ties including the use of present facilities for safe and secure bicycle
49 parking AND STORAGE be included in the planning [and], development,
50 CONSTRUCTION OR RECONSTRUCTION of all state facilities.
51 2. (a) The commissioner of general services shall undertake a [pilot]
52 program for THE provision and promotion of safe and secure bicycle park-
53 ing facilities at state office buildings FOR STATE EMPLOYEES AND VISI-
54 TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
A. 6548 21
1 ment of this section,] OF GENERAL SERVICES shall provide, at the
2 principal office buildings under his OR HER superintendence at the
3 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure
4 bicycle parking facilities for use by employees and visitors. PROVIDED,
5 FURTHER, THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
6 TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
7 OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
8 PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED
9 BUILDINGS OR OFFICES WHICH HAVE OVER FIFTY STATE EMPLOYEES LOCATED AT
10 SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS OVER
11 FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
12 PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN TWO YEARS OF
13 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
14 WHICH AMENDED THIS SECTION.
15 (b) The commissioner OF GENERAL SERVICES is also authorized, within a
16 reasonable period and where feasible, to provide suitable support facil-
17 ities including clothing lockers, showers and changing facilities, and
18 to charge a reasonable use fee.
19 (c) For the purpose of this section, the term "bicycle parking facili-
20 ty" means a device or enclosure, located within a building or installa-
21 tion, or conveniently adjacent thereto, that is easily accessible,
22 clearly visible and so located as to minimize the danger of theft of
23 bicycles. Such a device shall consist of a parking rack, locker, or
24 other device constructed to enable the frame and both wheels of a bicy-
25 cle to be secured with ease by use of a padlock in a manner that will
26 minimize the risk of theft, or an enclosure which limits access to the
27 bicycles and is under observation by an attendant.
28 3. UPON COMPLETION OF A STATE OFFICE BUILDING BICYCLE PARKING AND
29 STORAGE FACILITIES INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
30 SION TWO OF THIS SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL
31 DEVELOP A PLAN TO EXPAND BICYCLE PARKING AND STORAGE FACILITIES TO
32 ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE GENERAL
33 PUBLIC THAT PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
34 PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
35 PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN SHALL CONTAIN AND
36 ADDRESS THE FOLLOWING ELEMENTS TO ENCOURAGE STATE EMPLOYEES AND THE
37 GENERAL PUBLIC TO USE BICYCLES MORE FREQUENTLY AT EACH STATE OFFICE
38 BUILDING FACILITY OR LEASED PREMISE:
39 (A) THE INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
40 RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING UNFULFILLED DEMAND
41 FOR SUCH FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
42 CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR INCREASED FUTURE
43 DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
44 (B) IN URBAN SETTINGS, THERE SHALL BE A PLAN TO DEVELOP AN AMPLE
45 SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET BICYCLE PARKING AND
46 STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
47 (C) ADEQUATE POSTING OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
48 SHALL BE PROVIDED FOR AND PLACED AROUND SUCH STATE OFFICE BUILDING
49 FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
50 BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
51 (D) A MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
52 THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS TO STATE
53 OFFICE BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
54 USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
55 (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
56 OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
A. 6548 22
1 4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
2 shall: (a) Consult with and cooperate with (i) [the statewide bicycle
3 advisory council, (ii)] the [New York state] department of transporta-
4 tion regional bicycle coordinator[, (iii)]; (II) local bicycle planning
5 groups[,]; and [(iv)] (III) persons, organizations, and groups served
6 by, interested in, or concerned with the area under study.
7 (b) Request and receive from any department, division, board, bureau,
8 commission or other agency of the state or any political subdivision
9 thereof or any public authority, any assistance and data as may be
10 necessary to enable the office OF GENERAL SERVICES to carry out its
11 responsibilities under this section.
12 [(c) On or before the first day of January, nineteen hundred eighty-
13 nine, a report shall be submitted to the governor and the legislature
14 which shall include a determination of usage levels, a statement outlin-
15 ing first year progress and the elements of a statewide plan for the
16 provision of such facilities.]
17 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE OR
18 THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
19 ING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICYCLES AT
20 SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
21 PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE CODES OR ANY OTHER
22 APPLICABLE LAW, RULE OR CODE, OR WHICH OTHERWISE IMPEDES INGRESS OR
23 EGRESS TO SUCH BUILDING.
24 6. THERE IS HEREBY ESTABLISHED A TEMPORARY BICYCLE COMMUTING TASK
25 FORCE TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN PUBLIC
26 SPACES.
27 (A) SUCH TASK FORCE SHALL BE COMPRISED OF NINE MEMBERS, INCLUDING THE
28 COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF TRANSPORTATION,
29 THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS OF THE
30 CITY OF NEW YORK AND THE COMMISSIONER OF PARKS AND RECREATION OR A
31 DESIGNEE OF ANY SUCH COMMISSIONERS. THE REMAINING FOUR MEMBERS SHALL
32 CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE ASSOCIATION REPRESEN-
33 TATIVES, BUILDING CONTRACTORS AND ENGINEERS. THEY SHALL BE APPOINTED AS
34 FOLLOWS: ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
35 SENATE; ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
36 SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
37 AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
38 BLY.
39 (B) THE CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE SHALL BE
40 THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY BICYCLE
41 COMMUTING TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND SHALL MEET
42 WHEN DEEMED NECESSARY BY THE CHAIR.
43 (C) WITHIN EIGHTEEN MONTHS OF THE TEMPORARY BICYCLE COMMUTING TASK
44 FORCE'S ESTABLISHMENT, SUCH TASK FORCE SHALL ISSUE A REPORT TO THE
45 GOVERNOR AND THE LEGISLATURE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
46 LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR SHELTERED BICYCLE PARKING
47 IN PUBLIC SPACES; (II) AN EXAMINATION OF THE MARKETING AND COMMUNITY
48 OUTREACH EFFORTS NEEDED TO ENCOURAGE THE USE OF BICYCLES; (III) RECOM-
49 MENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO DEVELOP SHEL-
50 TERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV)
51 SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICI-
52 PAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL BE POSTED ON THE
53 WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN
54 TWENTY DAYS FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPORARY BICYCLE
55 COMMUTING TASK FORCE SHALL CEASE TO EXIST THREE MONTHS AFTER THE ISSU-
56 ANCE OF ITS REPORT.
A. 6548 23
1 S 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law.
3 PART Q
4 Section 1. Section 16 of the agriculture and markets law is amended by
5 adding a new subdivision 5-c to read as follows:
6 5-C. COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO SUBDI-
7 VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO
8 DEVELOP GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL DISTRICTS
9 AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF
10 SECTION TWO OF THE EDUCATION LAW, OF PROGRAMS WHICH ENCOURAGE THE
11 DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA-
12 TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS.
13 S 2. Section 305 of the education law is amended by adding a new
14 subdivision 32 to read as follows:
15 32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
16 SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO
17 ENCOURAGE AND FACILITATE THE ABILITY OF SCHOOL DISTRICTS AND INSTI-
18 TUTIONS OF HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE FOOD FROM
19 MEALS SERVED AT SUCH EDUCATIONAL FACILITIES TO LOCAL VOLUNTARY FOOD
20 ASSISTANCE PROGRAMS INCLUDING, BUT NOT LIMITED TO, COMMUNITY FOOD
21 PANTRIES, SOUP KITCHENS, AND OTHER COMMUNITY AND NOT-FOR-PROFIT ORGAN-
22 IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
23 SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
24 A. A METHODOLOGY TO PROVIDE INFORMATION TO EDUCATIONAL INSTITUTIONS
25 AND LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH
26 GUIDELINES;
27 B. A MEANS BY WHICH EDUCATIONAL INSTITUTIONS ARE PROVIDED WITH THE
28 NAMES AND ADDRESSES OF ALL NEARBY LOCAL VOLUNTARY FOOD ASSISTANCE
29 PROGRAMS;
30 C. A MEANS BY WHICH LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS ARE
31 PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS
32 WHICH SERVE MEALS UPON THEIR PREMISES;
33 D. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO ELECT
34 TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
35 PROGRAMS; AND
36 E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER
37 OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER.
38 THE COMMISSIONER SHALL COORDINATE THE IMPLEMENTATION OF SUCH GUIDE-
39 LINES WITH THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST FOR NEW
40 YORK KIDS WEEK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FIVE-B OF
41 SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
42 S 3. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law.
44 PART R
45 Section 1. Section 3231 of the insurance law, as added by chapter 501
46 of the laws of 1992, is amended by adding a new subsection (c-1) to read
47 as follows:
48 (C-1) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
49 HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL OR GROUP HEALTH
50 INSURANCE POLICY PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY
51 APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
52 APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
A. 6548 24
1 ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELL-
2 NESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
3 POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
4 WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
5 ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
6 SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
7 QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
8 OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
9 WELL-BEING OF ITS PARTICIPANTS:
10 (1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
11 INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
12 WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
13 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
14 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
15 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
16 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
17 (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
18 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
19 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
20 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
21 ARTICLE; AND
22 (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
23 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
24 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
25 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
26 SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
27 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
28 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
29 OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
30 APPROVED WELLNESS PROGRAM.
31 S 2. Subsections (b) and (c) of section 3239 of the insurance law, as
32 added by chapter 592 of the laws of 2008, paragraphs 6 and 7 of
33 subsection (b) and subparagraphs (C) and (D) of paragraph 2 of
34 subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
35 agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
36 519 of the laws of 2013, are amended to read as follows:
37 (b) A wellness program may include, but is not limited to, the follow-
38 ing programs or services:
39 (1) the use of a health risk assessment tool;
40 (2) a smoking cessation program;
41 (3) a weight management program;
42 (4) a stress AND/OR HYPERTENSION management program;
43 (5) a worker injury prevention program;
44 (6) a nutrition education program;
45 (7) health or fitness incentive programs; [and]
46 (8) a coordinated weight management, nutrition, stress management and
47 physical fitness program to combat the high incidence of adult and
48 childhood obesity, asthma and other chronic respiratory conditions[.];
49 (9) A SUBSTANCE OR ALCOHOL ABUSE CESSATION PROGRAM; AND
50 (10) A PROGRAM TO MANAGE AND COPE WITH CHRONIC PAIN.
51 (c)(1) A wellness program may use rewards and incentives for partic-
52 ipation provided that where the group health insurance policy or
53 subscriber contract is required to be community-rated, the rewards and
54 incentives shall not include a discounted premium rate or a rebate or
55 refund of premium, EXCEPT AS PROVIDED IN SECTION THREE THOUSAND TWO
56 HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED
A. 6548 25
1 THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN OR FOUR THOUSAND
2 THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, OR SECTION FORTY-FOUR HUNDRED
3 FIVE OF THE PUBLIC HEALTH LAW.
4 (2) Permissible rewards and incentives MAY include:
5 (A) full or partial reimbursement of the cost of participating in
6 smoking cessation [or], weight management, STRESS AND/OR HYPERTENSION,
7 WORKER INJURY PREVENTION, NUTRITION EDUCATION, SUBSTANCE OR ALCOHOL
8 ABUSE CESSATION, OR CHRONIC PAIN MANAGEMENT AND COPING programs;
9 (B) full or partial reimbursement of the cost of membership in a
10 health club or fitness center;
11 (C) the waiver or reduction of copayments, coinsurance and deductibles
12 for preventive services covered under the group policy or subscriber
13 contract;
14 (D) monetary rewards in the form of gift cards or gift certificates,
15 so long as the recipient of the reward is encouraged to use the reward
16 for a product or a service that promotes good health, such as healthy
17 cook books, over the counter vitamins or exercise equipment;
18 (E) full or partial reimbursement of the cost of participating in a
19 stress management program or activity; and
20 (F) full or partial reimbursement of the cost of participating in a
21 health or fitness program.
22 (3) Where the reward involves a group member's meeting a specified
23 standard based on a health condition, the wellness program must meet the
24 requirements of 45 CFR Part 146.
25 (4) A reward or incentive which involves a discounted premium rate or
26 a rebate or refund of premium shall be based on actuarial demonstration
27 that the wellness program can reasonably be expected to result in the
28 overall good health and well being of the group AS PROVIDED IN SECTION
29 THREE THOUSAND TWO HUNDRED THIRTY-ONE OF THIS ARTICLE, SECTIONS FOUR
30 THOUSAND TWO HUNDRED THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN
31 AND FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, AND SECTION
32 FORTY-FOUR HUNDRED FIVE OF THE PUBLIC HEALTH LAW.
33 S 3. Subsection (h) of section 4235 of the insurance law is amended by
34 adding a new paragraph 5 to read as follows:
35 (5) EACH INSURER DOING BUSINESS IN THIS STATE, WHEN FILING WITH THE
36 SUPERINTENDENT ITS SCHEDULES OF PREMIUM RATES, RULES AND CLASSIFICATION
37 OF RISKS FOR USE IN CONNECTION WITH THE ISSUANCE OF ITS POLICIES OF
38 GROUP ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE, MAY
39 PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION IN PREMIUM RATES OR
40 OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOUR-
41 AGE AN ENROLLEE'S OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELL-
42 NESS PROGRAM. A QUALIFIED WELLNESS PROGRAM CAN BE A RISK MANAGEMENT
43 SYSTEM THAT IDENTIFIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC
44 PROGRAM OR COURSE OF MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND
45 MENTAL FITNESS, HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE
46 CONDITIONS OF ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINI-
47 MIZES ADVERSE HEALTH CONSEQUENCES DUE TO LIFESTYLE. SUCH A WELLNESS
48 PROGRAM MAY HAVE SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE
49 PHYSICAL HEALTH AND MENTAL WELL-BEING OF ITS PARTICIPANTS:
50 (A) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
51 INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
52 WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
53 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
54 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
55 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
56 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
A. 6548 26
1 (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
2 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
3 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
4 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
5 CHAPTER; AND
6 (C) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
7 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
8 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
9 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
10 SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
11 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
12 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
13 OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
14 APPROVED WELLNESS PROGRAM.
15 S 4. Section 4317 of the insurance law is amended by adding a new
16 subsection (c-1) to read as follows:
17 (C-1) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
18 HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL OR GROUP HEALTH
19 INSURANCE CONTRACT PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARI-
20 ALLY APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR
21 ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S
22 OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A
23 QUALIFIED WELLNESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTI-
24 FIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF
25 MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS,
26 HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF
27 ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE
28 HEALTH CONSEQUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE
29 SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND
30 MENTAL WELL-BEING OF ITS PARTICIPANTS:
31 (1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
32 INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
33 WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
34 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
35 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
36 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
37 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
38 (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
39 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
40 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
41 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
42 CHAPTER; AND
43 (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
44 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
45 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
46 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
47 SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
48 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
49 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
50 OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
51 APPROVED WELLNESS PROGRAM.
52 S 5. Subsection (m) of section 4326 of the insurance law is amended by
53 adding a new paragraph 4 to read as follows:
54 (4) APPROVAL OF THE SUPERINTENDENT, AN INSURER OR HEALTH MAINTENANCE
55 ORGANIZATION ISSUING A CONTRACT FOR QUALIFYING SMALL EMPLOYERS OR INDI-
56 VIDUALS PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY APPRO-
A. 6548 27
1 PRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
2 APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
3 ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELL-
4 NESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
5 POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
6 WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
7 ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
8 SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
9 QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
10 OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
11 WELL-BEING OF ITS PARTICIPANTS:
12 (1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
13 INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
14 WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
15 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
16 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
17 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
18 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
19 (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
20 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
21 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
22 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
23 CHAPTER; AND
24 (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
25 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
26 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
27 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
28 SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
29 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
30 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
31 OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
32 APPROVED WELLNESS PROGRAM.
33 S 6. Section 4405 of the public health law is amended by adding a new
34 subdivision 5-a to read as follows:
35 5-A. SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT OF FINANCIAL
36 SERVICES, THE POSSIBLE PROVIDING OF AN ACTUARIALLY APPROPRIATE REDUCTION
37 IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE
38 SUPERINTENDENT OF FINANCIAL SERVICES TO ENCOURAGE AN ENROLLEE'S ACTIVE
39 PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELLNESS
40 PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK POPU-
41 LATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
42 WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
43 ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
44 SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
45 QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
46 OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
47 WELL-BEING OF ITS PARTICIPANTS:
48 (1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
49 INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
50 WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
51 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
52 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
53 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
54 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
55 (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
56 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
A. 6548 28
1 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
2 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THE
3 INSURANCE LAW; AND
4 (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
5 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
6 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
7 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
8 SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
9 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
10 HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC OUTCOMES AS A
11 RESULT OF AN ENROLLEE'S ADHERENCE TO THE APPROVED WELLNESS PROGRAM;
12 S 7. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided that, effective immediately any
14 rules and regulations necessary to implement the provisions of this act
15 on its effective date are authorized and directed to be added, amended
16 and/or repealed on or before such date.
17 S 3. Severability clause. If any clause, sentence, paragraph, subdi-
18 vision, section or part of this act shall be adjudged by any court of
19 competent jurisdiction to be invalid, such judgment shall not affect,
20 impair, or invalidate the remainder thereof, but shall be confined in
21 its operation to the clause, sentence, paragraph, subdivision, section
22 or part thereof directly involved in the controversy in which such judg-
23 ment shall have been rendered. It is hereby declared to be the intent of
24 the legislature that this act would have been enacted even if such
25 invalid provisions had not been included herein.
26 S 4. This act shall take effect immediately provided, however, that
27 the applicable effective date of Parts A through R of this act shall be
28 as specifically set forth in the last section of such Parts.
