STATE OF NEW YORK
________________________________________________________________________
6548--B
2015-2016 Regular Sessions
IN ASSEMBLY
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 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Agriculture in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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); to amend the public buildings law, in relation to bicycle access
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03888-09-6
A. 6548--B 2
to public office buildings (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-
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 § 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 P. 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
A. 6548--B 3
1 to, the following components: (A) a public information dissemination
2 program to inform the public of the health risks associated with the
3 overconsumption of artificial trans fats, and (B) suggested food prepa-
4 ration methods that can be followed by food service establishments and
5 the general public to reduce or eliminate the use of artificial trans
6 fats.
7 (w) (i) For purposes of this paragraph, the following definitions
8 shall apply:
9 (A) "Food service facility" means a food service establishment, as
10 defined in the state sanitary code, that operates under common ownership
11 or control with at least twenty-five other food service establishments
12 with the same name in the state that offer for sale substantially the
13 same menu items, or operates as a franchised outlet of a parent company
14 with at least twenty-five other franchised outlets with the same name in
15 the state that offer for sale substantially the same menu items.
16 (B) "Nutritional information" may include the following, per standard
17 menu item, as that item is usually prepared and offered for sale:
18 (I) Total number of calories.
19 (II) Total number of grams of carbohydrates.
20 (III) Total number of grams of saturated fat.
21 (IV) Total number of milligrams of sodium.
22 (C) "Point of sale" means the location where a customer places an
23 order.
24 (D) In calculating nutritional information, a food service facility
25 may use any reasonable means recognized by the federal food and drug
26 administration to determine nutritional information for a standard menu
27 item, as usually prepared and offered for sale including, but not limit-
28 ed to, nutrient databases and laboratory analyses.
29 (ii)(A) by rule or regulation, may require every food service facility
30 to disclose the nutritional information required by clause (B) of this
31 subparagraph.
32 (B) a food service facility, by rule or regulation, may be required to
33 disclose the nutritional information in a clear and conspicuous manner
34 at the point of sale prior to or during the placement of an order.
35 § 2. This act shall take effect one year after it shall have become a
36 law, provided that, effective immediately, any rules and regulations
37 necessary to implement the provisions of this act on its effective date
38 are authorized and directed to be completed on or before such date.
39 PART B
40 Section 1. The public health law is amended by adding a new article
41 13-I to read as follows:
42 ARTICLE 13-I
43 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
44 Section 1399-xx. In-utero exposure prevention.
45 1399-yy. Programs.
46 § 1399-xx. In-utero exposure prevention. 1. Every health care provid-
47 er, health care insurer and pregnancy program is encouraged to distrib-
48 ute information on the adverse effects of smoking during pregnancy for
49 both firsthand and secondhand smoke. Such adverse effects to the infant
50 include lower birth rates, higher incidence of asthma and obesity, and
51 cognitive and developmental damage.
52 2. Every health care provider shall monitor expectant mothers' smoking
53 statuses and offer continuous tailored discussion of quitting smoking
54 with expectant mothers during their prenatal care.
A. 6548--B 4
1 § 1399-yy. Programs. The following programs shall be added to existing
2 tobacco control programs for pregnant women or to other pregnancy
3 related programs:
4 1. Carbon monoxide monitoring;
5 2. Depression, social support and domestic violence screening and
6 referrals;
7 3. Referrals for smoking cessation for household members;
8 4. Ongoing support by counseling and educational materials; and
9 5. Financial incentives such as diaper coupons for quitting for more
10 than four weeks.
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law. Provided, that effective immediately the
13 commissioner of health is authorized and directed to promulgate any and
14 all rules and regulations, and take any other measures necessary to
15 implement the provisions of this act on its effective date.
16 PART C
17 Section 1. Subdivisions 2 and 4 of section 2111 of the public health
18 law, as added by section 21 of part C of chapter 58 of the laws of 2004,
19 are amended to read as follows:
20 2. The department shall establish the criteria by which individuals
21 will be identified as eligible for enrollment in the demonstration
22 programs. Persons eligible for enrollment in the disease management
23 demonstration program shall be limited to individuals who: receive
24 medical assistance pursuant to title eleven of article five of the
25 social services law and may be eligible for benefits pursuant to title
26 18 of the social security act (Medicare); are not enrolled in a Medicaid
27 managed care plan, including individuals who are not required or not
28 eligible to participate in Medicaid managed care programs pursuant to
29 section three hundred sixty-four-j of the social services law; are diag-
30 nosed with chronic health problems as may be specified by the entity
31 undertaking the demonstration program, including, but not limited to one
32 or more of the following: congestive heart failure, chronic obstructive
33 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory
34 diseases, diabetes, adult and childhood obesity, or other chronic health
35 conditions as may be specified by the department; or have experienced or
36 are likely to experience one or more hospitalizations or are otherwise
37 expected to incur excessive costs and high utilization of health care
38 services.
39 4. The demonstration program shall offer evidence-based services and
40 interventions designed to ensure that the enrollees receive high quali-
41 ty, preventative and cost-effective care, aimed at reducing the necessi-
42 ty for hospitalization or emergency room care or at reducing lengths of
43 stay when hospitalization is necessary. The demonstration program may
44 include screening of eligible enrollees, developing an individualized
45 care management plan for each enrollee and implementing that plan.
46 Disease management demonstration programs that utilize information tech-
47 nology systems that allow for continuous application of evidence-based
48 guidelines to medical assistance claims data and other available data to
49 identify specific instances in which clinical interventions are justi-
50 fied and communicate indicated interventions to physicians, health care
51 providers and/or patients, and monitor physician and health care provid-
52 er response to such interventions, shall have the enrollees, or groups
53 of enrollees, approved by the department for participation. The services
54 provided by the demonstration program as part of the care management
A. 6548--B 5
1 plan may include, but are not limited to, case management, social work,
2 individualized health counselors, multi-behavioral goals plans, claims
3 data management, health and self-care education, drug therapy management
4 and oversight, personal emergency response systems and other monitoring
5 technologies, systematic chronic health conditions identified for moni-
6 toring, telehealth services and similar services designed to improve the
7 quality and cost-effectiveness of health care services.
8 § 2. This act shall take effect immediately.
9 PART D
10 Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b
11 of the public health law, as amended by section 1 of part A of chapter
12 469 of the laws of 2015, are amended to read as follows:
13 (a) developing media health promotion campaigns, in coordination with
14 the public information provided pursuant to section twenty-five
15 hundred-l of this article, targeted to children and adolescents and
16 their parents and caregivers that emphasize increasing consumption of
17 low-calorie, high-nutrient foods, decreasing consumption of high-calo-
18 rie, low-nutrient foods and increasing physical activity designed to
19 prevent or reduce obesity;
20 education to children and their parents and caregivers; [and]
21 (g) developing screening programs, in accordance with section twenty-
22 five hundred-l of this article, in coordination with health care provid-
23 ers and institutions including but not limited to day care centers and
24 schools for overweight and obesity for children aged two through eigh-
25 teen years, using body mass index (BMI) appropriate for age and gender,
26 and notification, in a manner protecting the confidentiality of such
27 children and their families, of parents of BMI status, and explanation
28 of the consequences of such status, including recommended actions
29 parents may need to take and information about resources and referrals
30 available to families to enhance nutrition and physical activity to
31 reduce and prevent obesity; and
32 § 2. This act shall take effect immediately.
33 PART E
34 Section 1. Section 263 of the public health law, as added by chapter
35 538 of the laws of 2002, is amended to read as follows:
36 § 263. Department authorized to study obesity - report. 1. The depart-
37 ment is authorized to sample and collect data on individual cases where
38 obesity is being actively treated and data collected pursuant to section
39 twenty-five hundred-l of this chapter, and to analyze such data in order
40 to evaluate the impact of treating obesity. Such data collection and
41 analysis shall include the following:
42 a. The effectiveness of existing methods for treating or preventing
43 obesity;
44 b. The effectiveness of alternate methods for treating or preventing
45 obesity;
46 c. The fiscal impact of treating or preventing obesity;
47 d. The compliance and cooperation of patients with various methods of
48 treating or preventing obesity; or
49 e. The reduction in serious medical problems associated with diabetes
50 that results from treating or preventing obesity.
51 2. The department is authorized to fund the research authorized in
52 subdivision one of this section and section twenty-five hundred-l of
A. 6548--B 6
1 this chapter from gifts, grants, and donations from individuals, private
2 organizations, foundations, or any governmental unit; except that no
3 gift, grant, or donation may be accepted by the department if it is
4 subject to conditions that are inconsistent with this title or any other
5 laws of this state. The department shall have the power to direct the
6 disposition of any such gift, grant, or donation for the purposes of
7 this title.
8 3. After completion of the research authorized in subdivision one of
9 this section, the department shall submit a report and supporting mate-
10 rials to the governor and the legislature by June first of the following
11 year and update such report every three years.
12 § 2. This act shall take effect immediately.
13 PART F
14 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
15 2411 of the public health law, as amended by section 5 of part A of
16 chapter 60 of the laws of 2014, are amended to read as follows:
17 (a) Survey state agencies, boards, programs and other state govern-
18 mental entities to assess what, if any, relevant data has been or is
19 being collected which may be of use to researchers engaged in breast
20 cancer research, or adult and childhood obesity, asthma, chronic bron-
21 chitis or other chronic respiratory disease research;
22 (b) Consistent with the survey conducted pursuant to paragraph (a) of
23 this subdivision, compile a list of data collected by state agencies
24 which may be of assistance to researchers engaged in breast cancer
25 research as established in section twenty-four hundred twelve of this
26 title, and adult and childhood obesity, asthma, chronic bronchitis or
27 other chronic respiratory disease research;
28 (c) Consult with the Centers for Disease Control and Prevention, the
29 National Institutes of Health, the Federal Agency For Health Care Policy
30 and Research, the National Academy of Sciences and other organizations
31 or entities which may be involved in cancer research to solicit both
32 information regarding breast cancer research projects, and adult and
33 childhood obesity, asthma, chronic bronchitis or other chronic respir-
34 atory disease research projects that are currently being conducted and
35 recommendations for future research projects;
36 § 2. The public health law is amended by adding a new section 2500-l
37 to read as follows:
38 § 2500-l. Childhood obesity prevention and screening. 1. Legislative
39 declaration. The legislature hereby finds, determines and declares that
40 obesity, particularly childhood obesity, is a serious medical problem
41 and that the high incidence of such condition needs to be curtailed to
42 improve the overall health of the general public and to help reduce the
43 cost of providing health care in this state. Provided further, that the
44 legislature hereby reaffirms the legislative intent contained in section
45 two hundred sixty-one of this chapter concerning obesity.
46 2. The commissioner may establish, for use by pediatric primary care
47 providers and hospitals, best practice protocols for the early screen-
48 ing, identification and treatment of children who have low birth weights
49 or may become susceptible to contracting asthma or manifest to have
50 childhood obesity conditions. Such protocols shall incorporate standards
51 and guidelines established by the American Academy of Pediatricians, the
52 federal department of agriculture, the federal department of health and
53 human services, the surgeon general, and the centers for disease control
54 and prevention.
A. 6548--B 7
1 3. The department, in order to support quality care in all hospitals
2 with obstetric services and for all pediatric primary care providers, is
3 authorized to provide non-patient specific information for all births at
4 each affiliate hospital in each regional perinatal center's network to
5 the regional perinatal center and the affiliate, except that such infor-
6 mation shall include zip code and a unique identifier, such as medical
7 record number.
8 4. The information when received by the department shall be used sole-
9 ly for the purpose of improving quality of care and shall not be subject
10 to release under article six of the public officers law, and where
11 applicable, shall be subject to the confidentiality provisions of
12 section twenty-eight hundred five-m of this chapter, except that the
13 release of birth certificate information shall be subject to section
14 forty-one hundred seventy-four of this chapter.
15 5. The commissioner may release information collected through the
16 statewide perinatal data system, pursuant to section twenty-five
17 hundred-h of this title and corresponding information related to asthma,
18 childhood obesity or underweight babies to his or her designees, includ-
19 ing persons or entities under contract with the department to review
20 quality of care issues, as related to the provisions of this section,
21 and to conduct quality improvement initiatives as needed to monitor,
22 evaluate and improve patient care and outcomes. Such designee or person
23 or entity under contract with the department to review quality of care
24 issues shall maintain the confidentiality of all such information and
25 shall use it only to improve quality of care, as approved by the depart-
26 ment, and to implement the provisions of title five of article two of
27 this chapter, as added by chapter five hundred thirty-eight of the laws
28 of two thousand two.
29 6. The department may produce and distribute educational materials on
30 childhood obesity and asthma risks and precautions. Such materials may
31 be made available to child care centers, pediatricians and nursery,
32 elementary and secondary schools for distribution to persons in parental
33 relation to children, and to hospitals, birthing centers and other
34 appropriate health care providers for distribution to maternity
35 patients. In addition, such materials may be provided to health care
36 professionals engaged in the care and treatment of children for distrib-
37 ution to such children and persons in parental relation. The department
38 may also provide information on childhood obesity and asthma risks and
39 precautions on the department's internet website. No provision of this
40 subdivision shall be deemed to prohibit the utilization and distribution
41 of educational materials relating thereto produced by any public,
42 private or governmental entity, in lieu of the department's production
43 of such materials.
44 7. The department shall periodically review available data on obesity
45 and asthma in children and update the information on childhood obesity
46 and asthma risks and precautionary measures provided in its educational
47 materials and on its internet website, as appropriate.
48 § 3. This act shall take effect immediately.
49 PART G
50 Section 1. The education law is amended by adding a new section 923
51 to read as follows:
52 § 923. Use of nebulizer. 1. Every school district and board of cooper-
53 ative educational services in this state may maintain one or more nebu-
A. 6548--B 8
1 lizers in the office of the school nurse or in a similar accessible
2 location.
3 2. The commissioner, in consultation with the commissioner of health,
4 may promulgate regulations for the administration of asthma medication
5 through the use of a nebulizer by the school nurse or person authorized
6 by regulation. The regulations may include:
7 a. a requirement that each certified nurse or other person authorized
8 to administer asthma medication in schools receive training in airway
9 management and in the use of nebulizers and inhalers consistent with
10 nationally recognized standards; and
11 b. a requirement that each pupil authorized to use asthma medication
12 pursuant to section nine hundred sixteen of this article or a nebulizer
13 have an asthma treatment plan prepared by the physician of the pupil,
14 which identify, at a minimum, asthma triggers, the treatment plan, and
15 such other elements as shall be determined by the regents.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law; provided, however, that effective immediate-
18 ly the commissioner of education is authorized to promulgate rules and
19 regulations necessary for the implementation of this act on such effec-
20 tive date.
21 PART H
22 Section 1. The real property law is amended by adding a new section
23 235-h to read as follows:
24 § 235-h. Residential rental property smoking policies. Every rental
25 agreement for a dwelling unit, in a multiple dwelling building with
26 twenty or more units, shall include a disclosure of the smoking policy
27 for the premises on which the dwelling unit is located. The disclosure
28 must state whether smoking is prohibited on the premises, allowed on the
29 entire premises or allowed in limited areas on the premises. If the
30 smoking policy allows smoking in limited areas on the premises, the
31 disclosure must identify the areas on the premises where smoking is
32 allowed.
33 § 2. This act shall take effect on the first of January next succeed-
34 ing the date on which it shall have become a law.
35 PART I
36 Section 1. The state finance law is amended by adding a new section
37 91-h to read as follows:
38 § 91-h. Obesity and respiratory disease research and education fund.
39 1. There is hereby established in the joint custody of the commissioner
40 of taxation and finance and the comptroller, a special fund to be known
41 as the "obesity and respiratory disease research and education fund".
42 2. Such fund shall consist of all revenue received pursuant to an
43 appropriation thereto, and all other moneys appropriated, credited or
44 transferred thereto from any other fund or source pursuant to law.
45 Nothing in this section shall be deemed to prevent the state from
46 receiving grants, gifts or bequests for the purposes of the fund and
47 depositing them into the fund according to law.
48 3. Monies of the fund shall be expended only for adult and childhood
49 obesity, asthma, chronic bronchitis or other chronic respiratory disease
50 research and educational projects conducted pursuant to sections twen-
51 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of
52 the public health law.
A. 6548--B 9
1 4. Monies shall be payable from the fund on the audit and warrant of
2 the comptroller on vouchers approved or certified by the commissioner of
3 health.
4 § 2. This act shall take effect immediately.
5 PART J
6 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the
7 social services law, as added by chapter 416 of the laws of 2000, is
8 amended to read as follows:
9 (a) The office of children and family services shall promulgate regu-
10 lations which establish minimum quality program requirements for
11 licensed and registered child day care homes, programs and facilities.
12 Such requirements shall include but not be limited to (i) the need for
13 age appropriate activities, materials and equipment to promote cogni-
14 tive, educational, social, cultural, physical, emotional, language and
15 recreational development of children in care in a safe, healthy and
16 caring environment (ii) principles of childhood development (iii) appro-
17 priate staff/child ratios for family day care homes, group family day
18 care homes, school age day care programs and day care centers, provided
19 however that such staff/child ratios shall not be less stringent than
20 applicable staff/child ratios as set forth in part four hundred four-
21 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
22 teen of title eighteen of the New York code of rules and regulations as
23 of January first, two thousand (iv) appropriate levels of supervision of
24 children in care (v) appropriate levels of physical activity and nutri-
25 tional offerings to encourage healthy eating and living habits to help
26 lower the incidence of childhood obesity (vi) minimum standards for
27 sanitation, health, infection control, nutrition, buildings and equip-
28 ment, safety, security procedures, first aid, fire prevention, fire
29 safety, evacuation plans and drills, prevention of child abuse and
30 maltreatment, staff qualifications and training, record keeping, and
31 child behavior management.
32 § 2. Section 390-a of the social services law is amended by adding a
33 new subdivision 6 to read as follows:
34 6. No family day care home, group family day care home, school age
35 child care program or child day care center shall discourage activities
36 related to breast feeding a child or feeding a child who is fed with
37 expressed breast milk.
38 § 3. This act shall take effect on the first of January next succeed-
39 ing the date on which it shall have become a law; provided that, effec-
40 tive immediately, any rules and regulations necessary to implement the
41 provisions of this act on its effective date are authorized and directed
42 to be completed on or before such date.
43 PART K
44 Section 1. Subdivision 1 of section 414 of the education law is
45 amended by adding a new paragraph (l) to read as follows:
46 (l) For bona fide after-school programs operated by a not-for-profit
47 or charitable organization. Such programs shall present some form of
48 educational instruction or academic material, or promote physical educa-
49 tion.
50 § 2. Subdivision 2 of section 414 of the education law, as amended by
51 chapter 513 of the laws of 2005, is amended to read as follows:
A. 6548--B 10
1 2. The trustees or board of education shall determine the terms and
2 conditions for such use which may include rental at least in an amount
3 sufficient to cover all resulting expenses for the purposes of para-
4 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
5 of this section. For the purposes of paragraph (1) of subdivision one of
6 this section, the trustees or board of education may provide that either
7 no fee or a minimal fee be imposed upon the not-for-profit or charitable
8 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c),
9 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not
10 allow the exclusion of any district child solely because said child is
11 not attending a district school or not attending the district school
12 which is sponsoring such use or on which grounds the use is to occur.
13 § 3. Subdivision 27 of section 2590-h of the education law, as amended
14 by chapter 345 of the laws of 2009, is amended to read as follows:
15 27. Promulgate regulations, in conjunction with each community super-
16 intendent, establishing a plan for providing access to school facilities
17 in each community school district, when not in use for school purposes,
18 in accordance with the provisions of section four hundred fourteen of
19 this chapter. Such plan shall set forth a reasonable system of fees not
20 to exceed the actual costs and specify that no part of any fee shall
21 directly or indirectly benefit or be deposited into an account which
22 inures to the benefit of the custodians or custodial engineers.
23 Notwithstanding any other provision of law, rule or regulation to the
24 contrary, such plan may provide that either no fee or a minimal fee
25 shall be charged for the use of school facilities by a not-for-profit or
26 charitable organization. The use of such facilities shall only be for
27 bona fide after-school programs that present some form of educational
28 instruction or academic material, or promote physical education.
29 § 4. Subdivision 27 of section 2590-h of the education law, as amended
30 by chapter 720 of the laws of 1996, is amended to read as follows:
31 27. Develop, in conjunction with each community superintendent, a plan
32 for providing access to school facilities in each community school
33 district, when not in use for school purposes, in accordance with the
34 provisions of section four hundred fourteen of this chapter. Such plan
35 shall set forth a reasonable system of fees not to exceed the actual
36 costs and specify that no part of any fee shall directly or indirectly
37 benefit or be deposited into an account which inures to the benefit of
38 the custodians or custodial engineers. Notwithstanding any other
39 provision of law, rule or regulation to the contrary, such plan may
40 provide that either no fee or a minimal fee shall be charged for the use
41 of school facilities by a not-for-profit or charitable organization. The
42 use of such facilities shall only be for bona fide after-school programs
43 that present some form of educational instruction or academic material,
44 or promote physical education.
45 § 5. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law; provided that the amendments to subdivision
47 27 of section 2590-h of the education law, made by section three of this
48 act, shall be subject to the expiration and reversion of such section,
49 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
50 2009, as amended, when upon such date the provisions of section four of
51 this act shall take effect.
52 PART L
A. 6548--B 11
1 Section 1. Section 901 of the education law, as amended by chapter 477
2 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
3 of chapter 58 of the laws of 2006, is amended to read as follows:
4 § 901. School health services to be provided. 1. School health
5 services, as defined in subdivision two of this section, shall be
6 provided by each school district for all students attending the public
7 schools in this state, except in the city school district of the city of
8 New York, as provided in this article. School health services shall
9 include the services of a registered professional nurse, if one is
10 employed, and shall also include such services as may be rendered as
11 provided in this article in examining students for the existence of
12 disease or disability, or may include services related to examining for
13 childhood obesity based upon the calculation of each student's body mass
14 index and weight status category pursuant to section nine hundred four
15 of this article, and in testing the eyes and ears of such students.
16 2. School health services for the purposes of this article shall mean
17 the several procedures, including, but not limited to, medical examina-
18 tions, dental inspection and/or screening, scoliosis screening, vision
19 screening [and], audiometer tests, and childhood obesity as measured by
20 body mass index and weight status category, designed to determine the
21 health status of the child; to inform parents or other persons in
22 parental relation to the child, pupils and teachers of the individual
23 child's health condition subject to federal and state confidentiality
24 laws; to guide parents, children and teachers in procedures for prevent-
25 ing and correcting defects [and], diseases and childhood obesity condi-
26 tions; to instruct the school personnel in procedures to take in case of
27 accident or illness; to survey and make necessary recommendations
28 concerning the health and safety aspects of school facilities and the
29 provision of health information.
30 § 2. Subdivisions 1, 3 and 4 of section 903 of the education law,
31 subdivision 1 as amended by chapter 376 of the laws of 2015, subdivi-
32 sions 3 and 4 as amended by chapter 281 of the laws of 2007, and para-
33 graph a of subdivision 3 as amended by section 28 of part A of chapter
34 58 of the laws of 2008, are amended to read as follows:
35 1. A health certificate shall be furnished by each student in the
36 public schools upon his or her entrance in such schools and upon his or
37 her entry into the grades prescribed by the commissioner in regulations,
38 provided that such regulations shall require such certificates at least
39 twice during the elementary grades and twice in the secondary grades. An
40 examination and health history of any child may be required by the local
41 school authorities at any time in their discretion to promote the educa-
42 tional interests of such child. Each certificate shall be signed by a
43 duly licensed physician, physician assistant, or nurse practitioner, who
44 is authorized by law to practice in this state, and consistent with
45 subdivision three of section six thousand nine hundred two of this chap-
46 ter, or by a duly licensed physician, physician assistant, or nurse
47 practitioner, who is authorized to practice in the jurisdiction in which
48 the examination was given, provided that the commissioner has determined
49 that such jurisdiction has standards of licensure and practice compara-
50 ble to those of New York. Each such certificate shall describe the
51 condition of the student when the examination was made, which shall not
52 be more than twelve months prior to the commencement of the school year
53 in which the examination is required, and shall state whether such
54 student is in a fit condition of health to permit his or her attendance
55 at the public schools. The examination may include a diabetes risk
56 analysis and, if necessary, children with risk factors for type 1
A. 6548--B 12
1 diabetes, or risk factors associated with type 2 diabetes such as obesi-
2 ty, a family history of type 2 diabetes, or any other factors consistent
3 with increased risk shall be tested for diabetes. Each such certificate
4 shall also state the student's body mass index (BMI) and weight status
5 category. For purposes of this section, BMI is computed as the weight in
6 kilograms divided by the square of height in meters or the weight in
7 pounds divided by the square of height in inches multiplied by a conver-
8 sion factor of 703. Weight status categories for children and adoles-
9 cents shall be as defined by the commissioner of health. In all school
10 districts such physician, physician assistant or nurse practitioner
11 shall determine whether a one-time test for sickle cell anemia is neces-
12 sary or desirable and he or she shall conduct such a test and the
13 certificate shall state the results.
14 3. a. Within thirty days after the student's entrance in such schools
15 or grades, the health certificate shall be submitted to the principal or
16 his or her designee and shall be filed in the student's cumulative
17 health record. If such student does not present a health certificate as
18 required in this section, unless he or she has been accommodated on
19 religious grounds, the principal or the principal's designee shall cause
20 a notice to be sent to the parents or person in parental relationship to
21 such student that if the required health certificate is not furnished
22 within thirty days from the date of such notice, an examination will be
23 made of such student, as provided in this article. Each school and
24 school district [chosen as part of an appropriate sampling methodology]
25 shall participate in surveys directed by the commissioner of health
26 pursuant to the public health law in relation to students' BMI and
27 weight status categories as reported on the school health certificate
28 and which shall be subject to audit by the commissioner of health. Such
29 surveys shall contain the information required pursuant to subdivision
30 one of this section in relation to students' BMI and weight status cate-
31 gories in aggregate. Parents or other persons in parental relation to a
32 student may refuse to have the student's BMI and weight status category
33 included in such survey. Each school and school district shall provide
34 the commissioner of health with any information, records and reports he
35 or she may require for the purpose of such audit. The BMI and weight
36 status survey and audit as described in this subdivision shall be
37 conducted consistent with confidentiality requirements imposed by feder-
38 al law.
39 b. Within thirty days after the student's entrance in such schools or
40 grades, the dental health certificate, if obtained, shall be filed in
41 the student's cumulative health record.
42 4. Notwithstanding the provisions of subdivisions one, two and three
43 of this section, no examinations for a health certificate or health
44 history shall be required or dental certificate requested, and no
45 screening examinations for sickle cell anemia or childhood obesity shall
46 be required where a student or the parent or person in parental relation
47 to such student objects thereto on the grounds that such examinations or
48 health history conflict with their genuine and sincere religious
49 beliefs.
50 § 3. Subdivision 1 of section 904 of the education law, as amended by
51 section 12 of part B of chapter 58 of the laws of 2007, is amended to
52 read as follows:
53 1. Each principal of a public school, or his or her designee, shall
54 report to the director of school health services having jurisdiction
55 over such school, the names of all students who have not furnished
56 health certificates as provided in section nine hundred three of this
A. 6548--B 13
1 article, or who are children with disabilities, as defined by article
2 eighty-nine of this chapter, and the director of school health services
3 shall cause such students to be separately and carefully examined and
4 tested to ascertain whether any student has defective sight or hearing,
5 or any other physical disability which may tend to prevent him or her
6 from receiving the full benefit of school work, or from requiring a
7 modification of such work to prevent injury to the student or from
8 receiving the best educational results. Each examination shall also
9 include a calculation of the student's body mass index (BMI) and weight
10 status category. For purposes of this section, BMI is computed as the
11 weight in kilograms divided by the square of height in meters or the
12 weight in pounds divided by the square of height in inches multiplied by
13 a conversion factor of 703. Weight status categories for children and
14 adolescents shall be as defined by the commissioner of health. In all
15 school districts, such physician, physician assistant or nurse practi-
16 tioner shall determine whether a one-time test for sickle cell anemia is
17 necessary or desirable and he or she shall conduct such tests and the
18 certificate shall state the results. If it should be ascertained, upon
19 such test or examination, that any of such students have defective sight
20 or hearing[,] or other physical disability, including sickle cell
21 anemia, as above described, or are obese, the principal or his or her
22 designee shall notify the parents of, or other persons in parental
23 relation to, the child as to the existence of such disability. If the
24 parents or other persons in parental relation are unable or unwilling to
25 provide the necessary relief and treatment for such students, such fact
26 shall be reported by the principal or his or her designee to the direc-
27 tor of school health services, whose duty it shall be to provide relief
28 for such students. Each school and school district [chosen as part of an
29 appropriate sampling methodology] shall participate in surveys directed
30 by the commissioner of health pursuant to the public health law in
31 relation to students' BMI and weight status categories as determined by
32 the examination conducted pursuant to this section and which shall be
33 subject to audit by the commissioner of health. Such surveys shall
34 contain the information required pursuant to this subdivision in
35 relation to students' BMI and weight status categories in aggregate.
36 [Parents or other persons in parental relation to a student may refuse
37 to have the student's BMI and weight status category included in such
38 survey.] Each school and school district shall provide the commissioner
39 of health with any information, records and reports he or she may
40 require for the purpose of such audit. The BMI and weight status survey
41 and audit as described in this section shall be conducted consistent
42 with confidentiality requirements imposed by federal law. [Data
43 collection for such surveys shall commence on a voluntary basis at the
44 beginning of the two thousand seven academic school year, and by all
45 schools chosen as part of the sampling methodology at the beginning of
46 the two thousand eight academic school year.] The department shall also
47 utilize the collected data to develop a report of child obesity and
48 obesity related diseases.
49 § 4. Section 912 of the education law, as amended by chapter 477 of
50 the laws of 2004, is amended to read as follows:
51 § 912. Health and welfare services to all children. The voters and/or
52 trustees or board of education of every school district shall, upon
53 request of the authorities of a school other than public, provide resi-
54 dent children who attend such school with any or all of the health and
55 welfare services and facilities which are made available by such voters
56 and/or trustees or board of education to or for children attending the
A. 6548--B 14
1 public schools of the district. Such services may include, but are not
2 limited to all services performed by a physician, physician assistant,
3 dentist, dental hygienist, registered professional nurse, nurse practi-
4 tioner, school psychologist, school social worker or school speech ther-
5 apist, and may also include dental prophylaxis, vision and hearing
6 screening examinations, childhood obesity screening, the taking of
7 medical histories and the administration of health screening tests, the
8 maintenance of cumulative health records and the administration of emer-
9 gency care programs for ill or injured students. Any such services or
10 facilities shall be so provided notwithstanding any provision of any
11 charter or other provision of law inconsistent herewith. Where children
12 residing in one school district attend a school other than public
13 located in another school district, the school authorities of the
14 district of residence shall contract with the school authorities of the
15 district where such nonpublic school is located, for the provision of
16 such health and welfare services and facilities to such children by the
17 school district where such nonpublic school is located, for a consider-
18 ation to be agreed upon between the school authorities of such
19 districts, subject to the approval of the qualified voters of the
20 district of residence when required under the provisions of this chap-
21 ter. Every such contract shall be in writing and in the form prescribed
22 by the commissioner, and before such contract is executed the same shall
23 be submitted for approval to the superintendent of schools having juris-
24 diction over such district of residence and such contract shall not
25 become effective until approved by such superintendent.
26 § 5. Subdivisions 4 and 5 of section 918 of the education law, as
27 added by chapter 493 of the laws of 2004, are amended to read as
28 follows:
29 4. The committee is encouraged to study and make recommendations on
30 all facets of the current nutritional policies of the district includ-
31 ing, but not limited to, the goals of the district to promote health and
32 proper nutrition, reduce the incidence of childhood obesity, vending
33 machine sales, menu criteria, educational curriculum teaching healthy
34 nutrition, and educational information provided to parents or guardians
35 regarding healthy nutrition and the health risks associated with obesi-
36 ty, asthma, chronic bronchitis and other chronic respiratory diseases.
37 Provided, further, the committee may provide information to persons in
38 parental relation on opportunities offered to parents or guardians to
39 encourage healthier eating habits to students, and the education
40 provided to teachers and other staff as to the importance of healthy
41 nutrition and about the dangers of childhood obesity. In addition the
42 committee shall consider recommendations and practices of other
43 districts and nutrition studies.
44 5. The committee is encouraged to report periodically to the district
45 regarding practices that will educate teachers, parents or guardians and
46 children about healthy nutrition and raise awareness of the dangers of
47 childhood obesity, asthma, chronic bronchitis and other chronic respir-
48 atory diseases. The committee is encouraged also to provide any parent
49 teacher associations in the district with such findings and recommenda-
50 tions.
51 § 6. This act shall take effect two years after it shall have become a
52 law.
53 PART M
A. 6548--B 15
1 Section 1. Subdivisions 1 and 5 of section 803 of the education law,
2 as amended by chapter 118 of the laws of 1957, are amended to read as
3 follows:
4 1. All pupils above the age of eight years in all elementary and
5 secondary schools, shall receive as part of the prescribed courses of
6 instruction therein such physical education under the direction of the
7 commissioner [of education] as the regents may determine. Such courses
8 shall be designed to aid in the well-rounded education of pupils and in
9 the development of character, citizenship, overall physical fitness,
10 good health [and], the worthy use of leisure and the reduction in the
11 incidence of childhood obesity. Pupils above such age attending the
12 public schools shall be required to attend upon such prescribed courses
13 of instruction.
14 5. (a) It shall be the duty of the regents to adopt rules determining
15 the subjects to be included in courses of physical education provided
16 for in this section, the period of instruction in each of such courses,
17 the qualifications of teachers, and the attendance upon such courses of
18 instruction.
19 (b) Notwithstanding any other provision of this section, the regents
20 may provide in its rules that the physical education instruction
21 requirement for all students enrolled in elementary and secondary school
22 grades shall, where feasible, include daily physical exercise or activ-
23 ity, including students with disabling conditions and those in alterna-
24 tive education programs. The regents may include in its rules that
25 students enrolled in such elementary and secondary schools shall partic-
26 ipate in physical education, exercise or activity for a minimum of one
27 hundred twenty minutes during each school week. The regents may provide
28 for a two-year phase-in schedule for daily physical education in elemen-
29 tary schools in its rules.
30 § 2. The section heading and subdivision 1 of section 804 of the
31 education law, the section heading as amended by chapter 401 of the laws
32 of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
33 are amended and a new subdivision 3-b is added to read as follows:
34 Health education regarding alcohol, drugs, tobacco abuse, the
35 reduction in the incidence of obesity, and the prevention and detection
36 of certain cancers. 1. All schools shall include, as an integral part of
37 health, science, or physical education, instruction so as to discourage
38 the misuse and abuse of alcohol, tobacco[,] and other drugs, to reduce
39 the incidence of obesity, and promote attitudes and behavior that
40 enhance health, well being, and human dignity.
41 3-b. Instruction regarding the long term health risks associated with
42 obesity and methods of preventing and reducing the incidence of obesity,
43 including good nutrition and regular exercise. Such instruction may be
44 an integral part of required health, science, or physical education
45 courses.
46 § 3. Subdivision 1 of section 804-a of the education law, as added by
47 chapter 730 of the laws of 1986, is amended to read as follows:
48 1. Within the amounts appropriated, the commissioner is hereby
49 authorized to establish a demonstration program and to distribute state
50 funds to local school districts, boards of cooperative educational
51 services and in certain instances community school districts, for the
52 development, implementation, evaluation, validation, demonstration and
53 replication of exemplary comprehensive health education programs to
54 assist the public schools in developing curricula, training staff, and
55 addressing local health education needs of students, parents, and staff.
56 Such programs shall serve the purpose of developing and enhancing
A. 6548--B 16
1 pupils' health knowledge, skills, attitudes and behaviors, which is
2 fundamental to improving their health status and academic performance,
3 as well as reducing the incidence of adolescent pregnancy, alcohol
4 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth-
5 ma, other chronic respiratory diseases, and other problems of childhood
6 and adolescence.
7 § 4. Section 813 of the education law, as added by chapter 296 of the
8 laws of 1994, is amended to read as follows:
9 § 813. School lunch period; scheduling. Each school shall schedule a
10 reasonable time during each school day for each full day pupil attending
11 pre-kindergarten through grade twelve with ample time to consume lunch
12 and to engage in physical exercise or recreation.
13 § 5. This act shall take effect immediately.
14 PART N
15 Section 1. Section 11 of the public buildings law, as added by chapter
16 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of
17 the laws of 1988, is amended to read as follows:
18 § 11. Pilot program of bicycle parking facilities. 1. Legislative
19 finding. In recognition of the role which bicycles can serve as a valu-
20 able transportation mode with energy conservation, health, physical
21 fitness and environmental benefits, it is hereby declared to be the
22 policy of the state that provision for adequate and safe bicycle facili-
23 ties including the use of present facilities for safe and secure bicycle
24 parking and storage be included in the planning [and], development,
25 construction or reconstruction of all state facilities.
26 2. (a) The commissioner of general services shall undertake a [pilot]
27 program for the provision and promotion of safe and secure bicycle park-
28 ing facilities at state office buildings for state employees and visi-
29 tors at such buildings. The commissioner[, within one year of the enact-
30 ment of this section,] of general services shall provide, at the
31 principal office buildings under his or her superintendence at the
32 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure
33 bicycle parking facilities for use by employees and visitors. Provided,
34 further, that the commissioner of general services shall make an inven-
35 tory of all existing bicycle parking and storage facilities at all state
36 office buildings and office buildings in which the state leases or occu-
37 pies space. Such inventory shall be made only of state owned or leased
38 buildings or offices which have over fifty state employees located at
39 such site or in which the visitation rate by the general public is over
40 five hundred visitors, on average, each month. Such inventory of bicycle
41 parking and storage facilities shall be completed within two years of
42 the effective date of the chapter of the laws of two thousand sixteen
43 which amended this section.
44 (b) The commissioner of general services is also authorized, within a
45 reasonable period and where feasible, to provide suitable support facil-
46 ities including clothing lockers, showers and changing facilities, and
47 to charge a reasonable use fee.
48 (c) For the purpose of this section, the term "bicycle parking facili-
49 ty" means a device or enclosure, located within a building or installa-
50 tion, or conveniently adjacent thereto, that is easily accessible,
51 clearly visible and so located as to minimize the danger of theft of
52 bicycles. Such a device shall consist of a parking rack, locker, or
53 other device constructed to enable the frame and both wheels of a bicy-
54 cle to be secured with ease by use of a padlock in a manner that will
A. 6548--B 17
1 minimize the risk of theft, or an enclosure which limits access to the
2 bicycles and is under observation by an attendant.
3 3. Upon completion of a state office building bicycle parking and
4 storage facilities inventory provided for in paragraph (a) of subdivi-
5 sion two of this section, the commissioner of general services shall
6 develop a plan to expand bicycle parking and storage facilities to
7 encourage the use of such facilities by state employees and the general
8 public that patronize such facilities to conduct public business. Such
9 plan shall be completed within eighteen months after finalization of the
10 parking and storage facilities inventory. Such plan shall contain and
11 address the following elements to encourage state employees and the
12 general public to use bicycles more frequently at each state office
13 building facility or leased premise:
14 (a) The inventory of bicycle parking and storage facilities shall be
15 ranked from highest to lowest based on the existing unfulfilled demand
16 for such facilities at state office buildings. Such ranking shall also
17 consider increased future demand or the potential for increased future
18 demand of such parking and storage facilities;
19 (b) In urban settings, there shall be a plan to develop an ample
20 supply of secure covered and uncovered off-street bicycle parking and
21 storage or alternate indoor parking or storage for such bicycles;
22 (c) Adequate posting of such bicycle parking and storage facilities
23 shall be provided for and placed around such state office building
24 facility to encourage utilization of such parking and storage facilities
25 by state employees and the general public;
26 (d) A marketing plan and community outreach effort shall provide for
27 the dissemination of information to state employees, visitors to state
28 office buildings, and to the general public to encourage individuals to
29 use bicycles when traveling to such buildings or facilities; and
30 (e) The commissioner of general services shall include and address any
31 other element in the plan as he or she deems appropriate.
32 4. In undertaking such [pilot] program, the office of general services
33 shall: (a) Consult with and cooperate with (i) [the statewide bicycle
34 advisory council, (ii)] the [New York state] department of transporta-
35 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning
36 groups[,]; and [(iv)] (iii) persons, organizations, and groups served
37 by, interested in, or concerned with the area under study.
38 (b) Request and receive from any department, division, board, bureau,
39 commission or other agency of the state or any political subdivision
40 thereof or any public authority, any assistance and data as may be
41 necessary to enable the office of general services to carry out its
42 responsibilities under this section.
43 [(c) On or before the first day of January, nineteen hundred eighty-
44 nine, a report shall be submitted to the governor and the legislature
45 which shall include a determination of usage levels, a statement outlin-
46 ing first year progress and the elements of a statewide plan for the
47 provision of such facilities.]
48 5. Nothing in this section shall be construed to require the state or
49 the owner, lessee, manager or other person who is in control of a build-
50 ing governed by this section to provide space for stored bicycles at
51 such building or brought into such building or to permit a bicycle to be
52 parked in a manner that violates building or fire codes or any other
53 applicable law, rule or code, or which otherwise impedes ingress or
54 egress to such building.
A. 6548--B 18
1 6. There is hereby established a temporary bicycle commuting task
2 force to examine the development of sheltered bicycle parking in public
3 spaces.
4 (a) Such task force shall be comprised of nine members, including the
5 commissioner of general services, the commissioner of transportation,
6 the commissioner of motor vehicles, the commissioner of buildings of the
7 city of New York and the commissioner of parks, recreation and historic
8 preservation or a designee of any such commissioners. The remaining four
9 members shall consist of a group of municipal planners, bicycle associ-
10 ation representatives, building contractors and engineers. They shall
11 be appointed as follows: one member shall be appointed by the temporary
12 president of the senate; one member shall be appointed by the minority
13 leader of the senate; one member shall be appointed by the speaker of
14 the assembly; and one member shall be appointed by the minority leader
15 of the assembly.
16 (b) The chair of the temporary bicycle commuting task force shall be
17 the commissioner of general services. Members of the temporary bicycle
18 commuting task force shall serve without compensation and shall meet
19 when deemed necessary by the chair.
20 (c) Within eighteen months of the temporary bicycle commuting task
21 force's establishment, such task force shall issue a report to the
22 governor and the legislature. Such report shall include, but not be
23 limited to (i) an assessment of the demand for sheltered bicycle parking
24 in public spaces; (ii) an examination of the marketing and community
25 outreach efforts needed to encourage the use of bicycles; (iii) recom-
26 mendations on establishing partnerships with entities to develop shel-
27 tered bicycle storage and parking facilities in public spaces; and (iv)
28 suggestions on expanding the office of general services to local munici-
29 pal and private office buildings. Such report shall be posted on the
30 website of each state agency that was a member of such task force within
31 twenty days from its submission to the governor. The temporary bicycle
32 commuting task force shall cease to exist three months after the issu-
33 ance of its report.
34 § 2. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law.
36 PART O
37 Section 1. Section 16 of the agriculture and markets law is amended by
38 adding a new subdivision 5-c to read as follows:
39 5-c. Cooperate with the commissioner of education, pursuant to subdi-
40 vision thirty-two of section three hundred five of the education law, to
41 develop guidelines for the voluntary implementation by school districts
42 and institutions of higher education, as defined in subdivision eight of
43 section two of the education law, of programs which encourage the
44 donation of excess, unused, edible food from meals served at such educa-
45 tional facilities to local voluntary food assistance programs.
46 § 2. Section 305 of the education law is amended by adding a new
47 subdivision 32 to read as follows:
48 32. The commissioner, in consultation and cooperation with the commis-
49 sioner of agriculture and markets, shall develop voluntary guidelines to
50 encourage and facilitate the ability of school districts and insti-
51 tutions of higher education to donate excess, unused, edible food from
52 meals served at such educational facilities to local voluntary food
53 assistance programs including, but not limited to, community food
A. 6548--B 19
1 pantries, soup kitchens, and other community and not-for-profit organ-
2 izations that distribute food to the poor and disadvantaged.
3 Such guidelines may include, but need not be limited to:
4 a. a methodology to provide information to educational institutions
5 and local voluntary food assistance programs of the provisions of such
6 guidelines;
7 b. a means by which educational institutions are provided with the
8 names and addresses of all nearby local voluntary food assistance
9 programs;
10 c. a means by which local voluntary food assistance programs are
11 provided with the names and addresses of nearby educational institutions
12 which serve meals upon their premises;
13 d. notification to educational institutions of their ability to elect
14 to donate excess, unused, edible food to local voluntary food assistance
15 programs; and
16 e. the provision of information and technical assistance on the manner
17 of how to best donate excess food in a safe and sanitary manner.
18 The commissioner shall coordinate the implementation of such guide-
19 lines with the farm-to-school program and the New York Harvest For New
20 York Kids Week program established pursuant to subdivision five-b of
21 section sixteen of the agriculture and markets law.
22 § 3. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.
24 PART P
25 Section 1. Section 3231 of the insurance law, as added by chapter 501
26 of the laws of 1992, is amended by adding a new subsection (c-1) to read
27 as follows:
28 (c-1) Subject to the approval of the superintendent, an insurer or
29 health maintenance organization issuing an individual or group health
30 insurance policy pursuant to this section may provide for an actuarially
31 appropriate reduction in premium rates or other benefits or enhancements
32 approved by the superintendent to encourage an enrollee's or insured's
33 active participation in a qualified wellness program. A qualified well-
34 ness program can be a risk management system that identifies at-risk
35 populations or any other systematic program or course of medical conduct
36 which helps to promote physical and mental fitness, health and well-be-
37 ing, helps to prevent or mitigate the conditions of acute or chronic
38 sickness, disease or pain, or which minimizes adverse health conse-
39 quences due to lifestyle. Such a wellness program may have some or all
40 of the following elements to advance the physical health and mental
41 well-being of its participants:
42 (1) an education program to increase the awareness of and dissem-
43 ination of information about pursuing healthier lifestyles, and which
44 warns about risks of pursuing environmental or behavioral activities
45 that are detrimental to human health. In addition, information on the
46 availability of health screening tests to assist in the early identifi-
47 cation and treatment of diseases such as cancer, heart disease, hyper-
48 tension, diabetes, asthma, obesity or other adverse health afflictions;
49 (2) a program that encourages behavioral practices that either encour-
50 ages healthy living activities or discourages unhealthy living activ-
51 ities. Such activities or practices may include wellness programs, as
52 provided under section three thousand two hundred thirty-nine of this
53 article; and
A. 6548--B 20
1 (3) the monitoring of the progress of each covered person to track his
2 or her adherence to such wellness program and to provide assistance and
3 moral support to such covered person to assist him or her to attain the
4 goals of the covered person's wellness program.
5 Such wellness program shall demonstrate actuarially that it encourages
6 the general good health and well-being of the covered population. The
7 insurer or health maintenance organization shall not require specific
8 outcomes as a result of an enrollee's or insured's adherence to the
9 approved wellness program.
10 § 2. Subsections (b) and (c) of section 3239 of the insurance law, as
11 added by chapter 592 of the laws of 2008, paragraphs 6 and 7 of
12 subsection (b) and subparagraphs (C) and (D) of paragraph 2 of
13 subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
14 agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
15 519 of the laws of 2013, are amended to read as follows:
16 (b) A wellness program may include, but is not limited to, the follow-
17 ing programs or services:
18 (1) the use of a health risk assessment tool;
19 (2) a smoking cessation program;
20 (3) a weight management program;
21 (4) a stress and/or hypertension management program;
22 (5) a worker injury prevention program;
23 (6) a nutrition education program;
24 (7) health or fitness incentive programs; [and]
25 (8) a coordinated weight management, nutrition, stress management and
26 physical fitness program to combat the high incidence of adult and
27 childhood obesity, asthma and other chronic respiratory conditions[.];
28 (9) a substance or alcohol abuse cessation program; and
29 (10) a program to manage and cope with chronic pain.
30 (c)(1) A wellness program may use rewards and incentives for partic-
31 ipation provided that where the group health insurance policy or
32 subscriber contract is required to be community-rated, the rewards and
33 incentives shall not include a discounted premium rate or a rebate or
34 refund of premium, except as provided in section three thousand two
35 hundred thirty-one of this article, or section four thousand two hundred
36 thirty-five, four thousand three hundred seventeen or four thousand
37 three hundred twenty-six of this chapter, or section forty-four hundred
38 five of the public health law.
39 (2) Permissible rewards and incentives may include:
40 (A) full or partial reimbursement of the cost of participating in
41 smoking cessation [or], weight management, stress and/or hypertension,
42 worker injury prevention, nutrition education, substance or alcohol
43 abuse cessation, or chronic pain management and coping programs;
44 (B) full or partial reimbursement of the cost of membership in a
45 health club or fitness center;
46 (C) the waiver or reduction of copayments, coinsurance and deductibles
47 for preventive services covered under the group policy or subscriber
48 contract;
49 (D) monetary rewards in the form of gift cards or gift certificates,
50 so long as the recipient of the reward is encouraged to use the reward
51 for a product or a service that promotes good health, such as healthy
52 cook books, over the counter vitamins or exercise equipment;
53 (E) full or partial reimbursement of the cost of participating in a
54 stress management program or activity; and
55 (F) full or partial reimbursement of the cost of participating in a
56 health or fitness program.
A. 6548--B 21
1 (3) Where the reward involves a group member's meeting a specified
2 standard based on a health condition, the wellness program must meet the
3 requirements of 45 CFR Part 146.
4 (4) A reward or incentive which involves a discounted premium rate or
5 a rebate or refund of premium shall be based on actuarial demonstration
6 that the wellness program can reasonably be expected to result in the
7 overall good health and well being of the group as provided in section
8 three thousand two hundred thirty-one of this article, sections four
9 thousand two hundred thirty-five, four thousand three hundred seventeen
10 and four thousand three hundred twenty-six of this chapter, and section
11 forty-four hundred five of the public health law.
12 § 3. Subsection (h) of section 4235 of the insurance law is amended by
13 adding a new paragraph 5 to read as follows:
14 (5) Each insurer doing business in this state, when filing with the
15 superintendent its schedules of premium rates, rules and classification
16 of risks for use in connection with the issuance of its policies of
17 group accident, group health or group accident and health insurance, may
18 provide for an actuarially appropriate reduction in premium rates or
19 other benefits or enhancements approved by the superintendent to encour-
20 age an enrollee's or insured's active participation in a qualified well-
21 ness program. A qualified wellness program can be a risk management
22 system that identifies at-risk populations or any other systematic
23 program or course of medical conduct which helps to promote physical and
24 mental fitness, health and well-being, helps to prevent or mitigate the
25 conditions of acute or chronic sickness, disease or pain, or which mini-
26 mizes adverse health consequences due to lifestyle. Such a wellness
27 program may have some or all of the following elements to advance the
28 physical health and mental well-being of its participants:
29 (A) an education program to increase the awareness of and dissem-
30 ination of information about pursuing healthier lifestyles, and which
31 warns about risks of pursuing environmental or behavioral activities
32 that are detrimental to human health. In addition, information on the
33 availability of health screening tests to assist in the early identifi-
34 cation and treatment of diseases such as cancer, heart disease, hyper-
35 tension, diabetes, asthma, obesity or other adverse health afflictions;
36 (B) a program that encourages behavioral practices that either encour-
37 ages healthy living activities or discourages unhealthy living activ-
38 ities. Such activities or practices may include wellness programs, as
39 provided under section three thousand two hundred thirty-nine of this
40 chapter; and
41 (C) the monitoring of the progress of each covered person to track his
42 or her adherence to such wellness program and to provide assistance and
43 moral support to such covered person to assist him or her to attain the
44 goals of the covered person's wellness program.
45 Such wellness program shall demonstrate actuarially that it encourages
46 the general good health and well-being of the covered population. The
47 insurer or health maintenance organization shall not require specific
48 outcomes as a result of an enrollee's or insured's adherence to the
49 approved wellness program.
50 § 4. Section 4317 of the insurance law is amended by adding a new
51 subsection (c-1) to read as follows:
52 (c-1) Subject to the approval of the superintendent, an insurer or
53 health maintenance organization issuing an individual or group health
54 insurance contract pursuant to this section may provide for an actuari-
55 ally appropriate reduction in premium rates or other benefits or
56 enhancements approved by the superintendent to encourage an enrollee's
A. 6548--B 22
1 or insured's active participation in a qualified wellness program. A
2 qualified wellness program can be a risk management system that identi-
3 fies at-risk populations or any other systematic program or course of
4 medical conduct which helps to promote physical and mental fitness,
5 health and well-being, helps to prevent or mitigate the conditions of
6 acute or chronic sickness, disease or pain, or which minimizes adverse
7 health consequences due to lifestyle. Such a wellness program may have
8 some or all of the following elements to advance the physical health and
9 mental 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 chapter; 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 § 5. Subsection (m) of section 4326 of the insurance law is amended by
32 adding a new paragraph 4 to read as follows:
33 (4) approval of the superintendent, an insurer or health maintenance
34 organization issuing a contract for qualifying small employers or indi-
35 viduals pursuant to this section may provide for an actuarially appro-
36 priate reduction in premium rates or other benefits or enhancements
37 approved by the superintendent to encourage an enrollee's or insured's
38 active participation in a qualified wellness program. A qualified well-
39 ness program can be a risk management system that identifies at-risk
40 populations or any other systematic program or course of medical conduct
41 which helps to promote physical and mental fitness, health and well-be-
42 ing, helps to prevent or mitigate the conditions of acute or chronic
43 sickness, disease or pain, or which minimizes adverse health conse-
44 quences due to lifestyle. Such a wellness program may have some or all
45 of the following elements to advance the physical health and mental
46 well-being of its participants:
47 (1) an education program to increase the awareness of and dissem-
48 ination of information about pursuing healthier lifestyles, and which
49 warns about risks of pursuing environmental or behavioral activities
50 that are detrimental to human health. In addition, information on the
51 availability of health screening tests to assist in the early identifi-
52 cation and treatment of diseases such as cancer, heart disease, hyper-
53 tension, diabetes, asthma, obesity or other adverse health afflictions;
54 (2) a program that encourages behavioral practices that either encour-
55 ages healthy living activities or discourages unhealthy living activ-
56 ities. Such activities or practices may include wellness programs, as
A. 6548--B 23
1 provided under section three thousand two hundred thirty-nine of this
2 chapter; and
3 (3) the monitoring of the progress of each covered person to track his
4 or her adherence to such wellness program and to provide assistance and
5 moral support to such covered person to assist him or her to attain the
6 goals of the covered person's wellness program.
7 Such wellness program shall demonstrate actuarially that it encourages
8 the general good health and well-being of the covered population. The
9 insurer or health maintenance organization shall not require specific
10 outcomes as a result of an enrollee's or insured's adherence to the
11 approved wellness program.
12 § 6. Section 4405 of the public health law is amended by adding a new
13 subdivision 5-a to read as follows:
14 5-a. subject to the approval of the superintendent of financial
15 services, the possible providing of an actuarially appropriate reduction
16 in premium rates or other benefits or enhancements approved by the
17 superintendent of financial services to encourage an enrollee's active
18 participation in a qualified wellness program. A qualified wellness
19 program can be a risk management system that identifies at-risk popu-
20 lations or any other systematic program or course of medical conduct
21 which helps to promote physical and mental fitness, health and well-be-
22 ing, helps to prevent or mitigate the conditions of acute or chronic
23 sickness, disease or pain, or which minimizes adverse health conse-
24 quences due to lifestyle. Such a wellness program may have some or all
25 of the following elements to advance the physical health and mental
26 well-being of its participants:
27 (1) an education program to increase the awareness of and dissem-
28 ination of information about pursuing healthier lifestyles, and which
29 warns about risks of pursuing environmental or behavioral activities
30 that are detrimental to human health. In addition, information on the
31 availability of health screening tests to assist in the early identifi-
32 cation and treatment of diseases such as cancer, heart disease, hyper-
33 tension, diabetes, asthma, obesity or other adverse health afflictions;
34 (2) a program that encourages behavioral practices that either encour-
35 ages healthy living activities or discourages unhealthy living activ-
36 ities. Such activities or practices may include wellness programs, as
37 provided under section three thousand two hundred thirty-nine of the
38 insurance law; and
39 (3) the monitoring of the progress of each covered person to track his
40 or her adherence to such wellness program and to provide assistance and
41 moral support to such covered person to assist him or her to attain the
42 goals of the covered person's wellness program.
43 Such wellness program shall demonstrate actuarially that it encourages
44 the general good health and well-being of the covered population. The
45 health maintenance organization shall not require specific outcomes as a
46 result of an enrollee's adherence to the approved wellness program;
47 § 7. This act shall take effect on the one hundred eightieth day after
48 it shall have become a law; provided that, effective immediately any
49 rules and regulations necessary to implement the provisions of this act
50 on its effective date is authorized and directed to be added, amended
51 and/or repealed on or before such date.
52 § 3. Severability clause. If any clause, sentence, paragraph, subdi-
53 vision, section or part of this act shall be adjudged by any court of
54 competent jurisdiction to be invalid, such judgment shall not affect,
55 impair, or invalidate the remainder thereof, but shall be confined in
56 its operation to the clause, sentence, paragraph, subdivision, section
A. 6548--B 24
1 or part thereof directly involved in the controversy in which such judg-
2 ment shall have been rendered. It is hereby declared to be the intent of
3 the legislature that this act would have been enacted even if such
4 invalid provisions had not been included herein.
5 § 4. This act shall take effect immediately provided, however, that
6 the applicable effective date of Parts A through P of this act shall be
7 as specifically set forth in the last section of such Parts.