STATE OF NEW YORK ________________________________________________________________________ 4928 2019-2020 Regular Sessions IN SENATE March 29, 2019 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing the asthma prevention and education program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and purpose. The legislature finds 2 that asthma is a chronic, potentially life-threatening, respiratory 3 illness that affects over a million New Yorkers, including many thou- 4 sands of children and adolescents. Asthma is the leading cause of school 5 absences attributed to chronic conditions. Asthma is also directly 6 linked to large and growing inpatient bills for medicaid and other 7 health care payers. Therefore, the legislature finds that establishing a 8 comprehensive statewide asthma prevention management and control program 9 which coordinates the efforts of individuals, families, health care 10 providers, schools and community-based organizations is in the public 11 interest and would benefit the people of the state of New York. 12 § 2. The public health law is amended by adding a new article 27-BB to 13 read as follows: 14 ARTICLE 27-BB 15 ASTHMA DISEASE MANAGEMENT AND CONTROL 16 Section 2725. Asthma disease management and control program. 17 2726. Study of asthma incidence and prevalence. 18 2727. Asthma disease advisory panel. 19 2728. Annual report. 20 § 2725. Asthma disease management and control program. 1. There is 21 hereby created within the department the asthma disease management and 22 control program (hereinafter referred to in this article as the 23 "program"). The purpose of the program is to promote asthma disease 24 management and education and outreach about asthma to people who suffer EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07356-01-9S. 4928 2 1 from asthma and their families, health care providers, and the general 2 public. 3 2. Services to be provided by the program may include: 4 (a) asthma disease management and case management for patients and 5 their families; 6 (b) asthma outreach and screening; 7 (c) the promotion of awareness of the causes of asthma; 8 (d) education on prevention strategies; 9 (e) education on proper disease management practices; and 10 (f) education on available treatment modalities. 11 3. The commissioner shall make grants within the amounts appropriated 12 therefore to local health agencies, health care providers, schools, 13 school based health centers and community-based organizations, and other 14 organizations with demonstrated interest and expertise in serving 15 persons with asthma to provide the services set out in this section. 16 Grant recipients shall be government entities or not-for-profit organ- 17 izations. 18 The commissioner may coordinate grants under this subdivision with the 19 availability of grants from other sources. The commissioner may also 20 accept or seek grants from other sources to enhance the amounts appro- 21 priated to the program. 22 § 2726. Study of asthma incidence and prevalence. 1. The department 23 shall study the incidence and prevalence of asthma in the state's popu- 24 lation and current disease management practices. Such study shall 25 include: 26 (a) the cause and nature of the disease; 27 (b) behavioral and environmental triggers; 28 (c) an assessment of the need for patient-centered case management to 29 meet specific physical and environmental needs of patients; 30 (d) outcome evaluations, including, but not limited to, patient 31 perceptions of improvement, signs and symptoms of asthma, pulmonary 32 function, history of asthma exacerbations, pharmacotherapy, assessment 33 of hospital emergency room visits for asthma, and patient-provider 34 communication; and 35 (e) an assessment of the ability of providers, including non-profes- 36 sionals and health care professionals such as physicians, nurses, phar- 37 macists and respiratory therapists, to systemically instruct and develop 38 asthma management plans for patients and frequently review with patients 39 and their families how to manage and control their asthma. 40 2. The department shall gather data for monitoring the occurrence, 41 frequency, incidence, cause, effect and severity of asthma. 42 (a) The department may require the following to report data under this 43 subdivision: 44 i. the statewide planning and research cooperative system (SPARCS); 45 ii. health maintenance organizations licensed pursuant to article 46 forty-three of the insurance law or certified pursuant to this chapter 47 or an independent practice association certified or recognized pursuant 48 to this chapter; 49 iii. other insurers; 50 iv. the Medicaid (title XIX of the federal social security act) 51 program; 52 v. health facilities; 53 vi. health care practitioners; 54 vii. patients: self reporting; 55 viii. the department of environmental conservation; and 56 ix. any other source the commissioner deems appropriate.S. 4928 3 1 (b) The department shall compile and analyze data gathered under para- 2 graph (a) of this subdivision and correlate it with data as to places of 3 employment, areas of residence, schools attended, environmental factors 4 including proximity to source of pollution and such other data as the 5 department deems appropriate. 6 (c) The department shall maintain and compile reported data in a 7 manner suitable for research purposes and shall collect and make such 8 data available to persons in the manner set forth in subdivision three 9 of this section. 10 3. Any data collected or reported shall not contain the name of any 11 patient, his or her social security number, or any other information 12 which would permit a patient to be identified. The department shall 13 develop a unique, confidential identifier to be used in the collection 14 of patient information as required by this section. 15 § 2727. Asthma disease advisory panel. There is hereby created within 16 the department an asthma disease advisory panel. The advisory panel 17 shall advise the commissioner regarding the implementation of programs, 18 studies and reports authorized under this article. The governor shall 19 appoint eleven members to the advisory panel. Two of the members shall 20 be appointed upon the recommendation of the speaker of the assembly, two 21 of the members shall be appointed upon the recommendation of the tempo- 22 rary president of the senate, one of the members shall be appointed 23 upon the recommendation of the minority leader of the assembly, and one 24 of the members shall be appointed upon the recommendation of the minori- 25 ty leader of the senate. The appointees shall be persons knowledgeable 26 in the causes and management of asthma and shall have demonstrated 27 commitment to improving the detection of asthma and the delivery of 28 services to people with asthma. At least one member shall represent the 29 interests of persons with asthma and at least one member shall be know- 30 ledgeable of environmental factors relating to asthma. 31 § 2728. Annual report. Commencing on the first of January next 32 succeeding the effective date of this section and annually thereafter, 33 the commissioner, in consultation with the advisory panel, shall submit 34 a report regarding the status and accomplishments of the program and 35 provide recommendations to the governor, the temporary president and the 36 minority leader of the senate, and the speaker and the minority leader 37 of the assembly. 38 § 3. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law. Effective immediately the addition, amend- 40 ment and/or repeal of any rule or regulation necessary for the implemen- 41 tation of this act on its effective date are authorized to be made and 42 completed on or before such date.