STATE OF NEW YORK
________________________________________________________________________
2374--A
2013-2014 Regular Sessions
IN SENATE
January 16, 2013
___________
Introduced by Sens. KLEIN, ADDABBO, CARLUCCI, HANNON, HASSELL-THOMPSON,
PARKER, SAVINO, STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- recommitted
to the Committee on Agriculture in accordance with Senate Rule 6, sec.
8 -- 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 education law, in relation to restricting the sale,
lease, transfer or authorization of open-air schoolhouse playgrounds
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06771-05-4
S. 2374--A 2
for certain uses (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 agriculture and
markets law and the education law, in relation to authorizing 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 actuar-
ially 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 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 (u) and (v) to read as follows:
18 (u) (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
S. 2374--A 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 (v) (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 healthcare provider,
47 healthcare insurer and pregnancy program is encouraged to distribute
48 information on the adverse effects of smoking during pregnancy for both
49 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 healthcare provider shall monitor expectant mothers' smoking
53 statuses and offer continuous tailored discussion of quitting smoking
54 with expectant mothers during their prenatal care.
S. 2374--A 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
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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. Section 2599-b of the public health law, as amended by
11 section 88 of part B of chapter 58 of the laws of 2005, is amended to
12 read as follows:
13 § 2599-b. Program development. 1. The program shall be designed to
14 prevent and reduce the incidence and prevalence of obesity in children
15 and adolescents, especially among populations with high rates of obesity
16 and obesity-related health complications including, but not limited to,
17 diabetes, heart disease, cancer, osteoarthritis, asthma, chronic bron-
18 chitis, other chronic respiratory diseases and other conditions. The
19 program shall use recommendations and goals of the United States depart-
20 ments of agriculture and health and human services, the surgeon general
21 and centers for disease control and prevention in developing and imple-
22 menting guidelines for nutrition education and physical activity
23 projects as part of obesity prevention efforts. The content and imple-
24 mentation of the program shall stress the benefits of choosing a
25 balanced, healthful diet from the many options available to consumers,
26 without specifically targeting the elimination of any particular food
27 group, food product or food-related industry.
28 2. The childhood obesity prevention program shall include, but not be
29 limited to:
30 (a) developing media health promotion campaigns, in coordination with
31 the public information provided pursuant to section twenty-five
32 hundred-k of this article, targeted to children and adolescents and
33 their parents and caregivers that emphasize increasing consumption of
34 low-calorie, high-nutrient foods, decreasing consumption of high-calo-
35 rie, low-nutrient foods and increasing physical activity designed to
36 prevent or reduce obesity;
37 (b) establishing school-based childhood obesity prevention nutrition
38 education and physical activity programs including programs described in
39 section twenty-five hundred ninety-nine-c of this article, as well as
40 other programs with linkages to physical and health education courses,
41 and which utilize the school health index of the National Center for
42 Chronic Disease Prevention and Health Promotion or other recognized
43 school health assessment pursuant to article nineteen of the education
44 law;
45 (c) establishing community-based childhood obesity prevention nutri-
46 tion education and physical activity programs including programs which
47 involve parents and caregivers, and which encourage communities, fami-
48 lies, child care and other settings to provide safe and adequate space
49 and time for physical activity and encourage a healthy diet, and can be
50 in coordination with county cooperative extension programs established
51 pursuant to section two hundred twenty-four-b of the county law;
52 (d) coordinating with the state education department, department of
53 agriculture and markets, office of parks, recreation and historic pres-
54 ervation, office of temporary and disability assistance, office of chil-
S. 2374--A 6
1 dren and family services and other federal, state and local agencies to
2 incorporate strategies to prevent and reduce childhood obesity into
3 government food assistance, health, education and recreation programs;
4 (e) sponsoring periodic conferences or meetings to bring together
5 experts in nutrition, exercise, public health, mental health, education,
6 parenting, media, food marketing, food security, agriculture, community
7 planning and other disciplines to examine societal-based solutions to
8 the problem of childhood obesity and issue guidelines and recommenda-
9 tions for New York state policy and programs;
10 (f) developing training programs for medical and other health profes-
11 sionals to teach practical skills in nutrition and exercise education to
12 children and their parents and caregivers; [and]
13 (g) developing screening programs, in accordance with section twenty-
14 five hundred-k of this article, in coordination with health care provid-
15 ers and institutions including but not limited to day care centers and
16 schools for overweight and obesity for children aged two through eigh-
17 teen years, using body mass index (BMI) appropriate for age and gender,
18 and notification, in a manner protecting the confidentiality of such
19 children and their families, of parents of BMI status, and explanation
20 of the consequences of such status, including recommended actions
21 parents may need to take and information about resources and referrals
22 available to families to enhance nutrition and physical activity to
23 reduce and prevent obesity[.]; and
24 (h) coordinating with the education department, office of temporary
25 and disability assistance, office of children and family services and
26 other federal, state and local agencies to incorporate strategies to
27 curtail the incidence of asthma, chronic bronchitis and other chronic
28 respiratory diseases to enable adults and children to safely increase
29 physical activity to help curb the incidence of obesity.
30 3. The department, in cooperation with the education department, shall
31 periodically collect and analyze information from schools, health and
32 nutrition programs and other sources to determine the prevalence of
33 childhood obesity in New York state, and to evaluate, to the extent
34 possible, the effectiveness of the childhood obesity prevention program.
35 § 2. The opening paragraph of section 2599-c of the public health law,
36 as amended by section 88 of part B of chapter 58 of the laws of 2005, is
37 amended to read as follows:
38 The commissioner, in cooperation with the commissioners of education
39 and agriculture and markets, and county boards of cooperative extension,
40 shall encourage the establishment of school-based childhood obesity
41 prevention and physical activity programs that promote:
42 § 3. This act shall take effect immediately.
43 PART E
44 Section 1. Section 263 of the public health law, as added by chapter
45 538 of the laws of 2002, is amended to read as follows:
46 § 263. Department authorized to study obesity - report. 1. The depart-
47 ment is authorized to sample and collect data on individual cases where
48 obesity is being actively treated and data collected pursuant to section
49 twenty-five hundred-k of this chapter, and to analyze such data in order
50 to evaluate the impact of treating obesity. Such data collection and
51 analysis shall include the following:
52 a. The effectiveness of existing methods for treating or preventing
53 obesity;
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1 b. The effectiveness of alternate methods for treating or preventing
2 obesity;
3 c. The fiscal impact of treating or preventing obesity;
4 d. The compliance and cooperation of patients with various methods of
5 treating or preventing obesity; or
6 e. The reduction in serious medical problems associated with diabetes
7 that results from treating or preventing obesity.
8 2. The department is authorized to fund the research authorized in
9 subdivision one of this section and section twenty-five hundred-k of
10 this chapter from gifts, grants, and donations from individuals, private
11 organizations, foundations, or any governmental unit; except that no
12 gift, grant, or donation may be accepted by the department if it is
13 subject to conditions that are inconsistent with this title or any other
14 laws of this state. The department shall have the power to direct the
15 disposition of any such gift, grant, or donation for the purposes of
16 this title.
17 3. After completion of the research authorized in subdivision one of
18 this section, the department shall submit a report and supporting mate-
19 rials to the governor and the legislature by June first of the following
20 year and update such report every three years.
21 § 2. This act shall take effect immediately.
22 PART F
23 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
24 2411 of the public health law, as amended by chapter 219 of the laws of
25 1997, are amended to read as follows:
26 (a) Survey state agencies, boards, programs and other state govern-
27 mental entities to assess what, if any, relevant data has been or is
28 being collected which may be of use to researchers engaged in breast,
29 prostate or testicular cancer research, or adult and childhood obesity,
30 asthma, chronic bronchitis or other chronic respiratory disease
31 research;
32 (b) Consistent with the survey conducted pursuant to paragraph (a) of
33 this subdivision, compile a list of data collected by state agencies
34 which may be of assistance to researchers engaged in breast, prostate or
35 testicular cancer research as established in section twenty-four hundred
36 twelve of this title, and adult and childhood obesity, asthma, chronic
37 bronchitis or other chronic respiratory disease research;
38 (c) Consult with the Centers for Disease Control and Prevention, the
39 National Institutes of Health, the Federal Agency For Health Care Policy
40 and Research, the National Academy of Sciences and other organizations
41 or entities which may be involved in cancer research to solicit both
42 information regarding breast, prostate and testicular cancer research
43 projects, and adult and childhood obesity, asthma, chronic bronchitis or
44 other chronic respiratory disease research projects that are currently
45 being conducted and recommendations for future research projects;
46 § 2. Subdivision 1 of section 2500 of the public health law, as
47 amended by chapter 822 of the laws of 1987, is amended to read as
48 follows:
49 1. The commissioner shall act in an advisory and supervisory capacity,
50 in matters pertaining to the safeguarding of motherhood, the prevention
51 of maternal, perinatal, infant and child mortality, the prevention of
52 diseases, low birth weight, childhood obesity, and defects of childhood
53 and the promotion of maternal, prenatal and child health, including care
54 in hospitals, and shall administer such services bearing on the health
S. 2374--A 8
1 of mothers and children for which funds are or shall hereafter be made
2 available.
3 § 3. The public health law is amended by adding a new section 2500-k
4 to read as follows:
5 § 2500-k. Childhood obesity prevention and screening. 1. Legislative
6 declaration. The legislature hereby finds, determines and declares that
7 obesity, particularly childhood obesity, is a serious medical problem
8 and that the high incidence of such condition needs to be curtailed to
9 improve the overall health of the general public and to help reduce the
10 cost of providing health care in this state. Provided further, that the
11 legislature hereby reaffirms the legislative intent contained in section
12 two hundred sixty-one of this chapter concerning obesity.
13 2. The commissioner may establish, for use by pediatric primary care
14 providers and hospitals, best practice protocols for the early screen-
15 ing, identification and treatment of children who have low birth weights
16 or may become susceptible to contracting asthma or manifest to have
17 childhood obesity conditions. Such protocols shall incorporate standards
18 and guidelines established by the American Academy of Pediatricians, the
19 federal department of agriculture, the federal department of health and
20 human services, the surgeon general, and the centers for disease control
21 and prevention.
22 3. The department, in order to support quality care in all hospitals
23 with obstetric services and for all pediatric primary care providers, is
24 authorized to provide non-patient specific information for all births at
25 each affiliate hospital in each regional perinatal center's network to
26 the regional perinatal center and the affiliate, except that such infor-
27 mation shall include zip code and a unique identifier, such as medical
28 record number.
29 4. The information when received by the department shall be used sole-
30 ly for the purpose of improving quality of care and shall not be subject
31 to release under article six of the public officers law, and where
32 applicable, shall be subject to the confidentiality provisions of
33 section twenty-eight hundred five-m of this chapter, except that the
34 release of birth certificate information shall be subject to section
35 forty-one hundred seventy-four of this chapter.
36 5. The commissioner may release information collected through the
37 statewide perinatal data system, pursuant to section twenty-five
38 hundred-h of this title and corresponding information related to asthma,
39 childhood obesity or underweight babies to his or her designees, includ-
40 ing persons or entities under contract with the department to review
41 quality of care issues, as related to the provisions of this section,
42 and to conduct quality improvement initiatives as needed to monitor,
43 evaluate and improve patient care and outcomes. Such designee or person
44 or entity under contract with the department to review quality of care
45 issues shall maintain the confidentiality of all such information and
46 shall use it only to improve quality of care, as approved by the depart-
47 ment, and to implement the provisions of title five of article two of
48 this chapter, as added by chapter five hundred thirty-eight of the laws
49 of two thousand two.
50 6. The department may produce and distribute educational materials on
51 childhood obesity and asthma risks and precautions. Such materials may
52 be made available to child care centers, pediatricians and nursery,
53 elementary and secondary schools for distribution to persons in parental
54 relation to children, and to hospitals, birthing centers and other
55 appropriate health care providers for distribution to maternity
56 patients. In addition, such materials may be provided to health care
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1 professionals engaged in the care and treatment of children for distrib-
2 ution to such children and persons in parental relation. The department
3 may also provide information on childhood obesity and asthma risks and
4 precautions on the department's internet website. No provision of this
5 subdivision shall be deemed to prohibit the utilization and distribution
6 of educational materials relating thereto produced by any public,
7 private or governmental entity, in lieu of the department's production
8 of such materials.
9 7. The department shall periodically review available data on obesity
10 and asthma in children and update the information on childhood obesity
11 and asthma risks and precautionary measures provided in its educational
12 materials and on its internet website, as appropriate.
13 § 4. This act shall take effect immediately.
14 PART G
15 Section 1. Section 2505-a of the public health law, as added by chap-
16 ter 292 of the laws of 2009, is amended to read as follows:
17 § 2505-a. Rights of breastfeeding mothers. 1. The principles enunci-
18 ated in subdivision three of this section are declared to be the public
19 policy of the state and a copy of such statement of rights shall be
20 posted conspicuously in a public place in each maternal health care
21 facility and child day care facility. For purposes of this section,
22 "maternal health care provider" means a physician, midwife, or other
23 authorized practitioner attending a pregnant woman; and "maternal health
24 care facility" includes hospitals and freestanding birthing centers
25 providing perinatal services in accordance with article twenty-eight of
26 this chapter and applicable regulations.
27 2. The commissioner shall make available to every maternal health care
28 provider [and], maternal health care facility and child day care facili-
29 ty, on the health department's website for the purpose of health care
30 facilities to include such rights in the maternity information leaflet
31 as described in section twenty-eight hundred three-j of this chapter, a
32 copy of the statement of rights provided in subdivision three of this
33 section in the top six languages other than English spoken in the state
34 according to the latest available data from the U.S. Bureau of Census,
35 and shall adopt any rules and regulations necessary to ensure that such
36 patients are treated in accordance with the provisions of such state-
37 ment.
38 3. The statement of rights shall consist of the following:
39 "Breastfeeding Mothers' Bill of Rights"
40 Choosing the way you will feed your new baby is one of the important
41 decisions you will make in preparing for your infant's arrival. Doctors
42 agree that for most women breastfeeding is the safest and most healthy
43 choice. It is your right to be informed about the benefits of breast-
44 feeding and have your health care provider [and], maternal health care
45 facility and child day care facility encourage and support breastfeed-
46 ing. You have the right to make your own choice about breastfeeding.
47 Whether you choose to breastfeed or not you have the following basic
48 rights regardless of your race, creed, national origin, sexual orien-
49 tation, gender identity or expression, or source of payment for your
50 health care. Maternal health care facilities have a responsibility to
51 ensure that you understand these rights. They must provide this informa-
52 tion clearly for you and must provide an interpreter if necessary. These
53 rights may only be limited in cases where your health or the health of
54 your baby requires it. If any of the following things are not medically
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1 right for you or your baby, you should be fully informed of the facts
2 and be consulted.
3 (1) Before You Deliver, if you attend prenatal childbirth education
4 classes provided by the maternal health care facility and all hospital
5 clinics and diagnostic and treatment centers providing prenatal services
6 in accordance with article 28 of the public health law you must receive
7 the breastfeeding mothers' bill of rights. Each maternal health care
8 facility shall provide the maternity information leaflet, including the
9 Breastfeeding Mothers' Bill of Rights, in accordance with section twen-
10 ty-eight hundred three-i of this chapter to each patient or to the
11 appointed personal representative at the time of prebooking or time of
12 admission to a maternal health care facility. Each maternal health care
13 provider shall give a copy of the Breastfeeding Mothers' Bill of Rights
14 to each patient at or prior to the medically appropriate time.
15 You have the right to complete information about the benefits of
16 breastfeeding for yourself and your baby. This will help you make an
17 informed choice on how to feed your baby.
18 You have the right to receive information that is free of commercial
19 interests and includes:
20 * How breastfeeding benefits you and your baby nutritionally,
21 medically and emotionally;
22 * How to prepare yourself for breastfeeding;
23 * How to understand some of the problems you may face and how to solve
24 them.
25 (2) In The Maternal Health Care Facility:
26 * You have the right to have your baby stay with you right after birth
27 whether you deliver vaginally or by cesarean section. You have the right
28 to begin breastfeeding within one hour after birth.
29 * You have the right to have someone trained to help you in breast-
30 feeding give you information and help you when you need it.
31 * You have the right to have your baby not receive any bottle feeding
32 or pacifiers.
33 * You have the right to know about and refuse any drugs that may dry
34 up your milk.
35 * You have the right to have your baby in your room with you 24 hours
36 a day.
37 * You have the right to breastfeed your baby at any time day or night.
38 * You have the right to know if your doctor or your baby's pediatri-
39 cian is advising against breastfeeding before any feeding decisions are
40 made.
41 * You have the right to have a sign on your baby's crib clearly stat-
42 ing that your baby is breastfeeding and that no bottle feeding of any
43 type is to be offered.
44 * You have the right to receive full information about how you are
45 doing with breastfeeding and get help on how to improve.
46 * You have the right to breastfeed your baby in the neonatal intensive
47 care unit. If nursing is not possible, every attempt will be made to
48 have your baby receive your pumped or expressed milk.
49 * If you, or your baby, are re-hospitalized in a maternal care facili-
50 ty after the initial delivery stay, the hospital will make every effort
51 to continue to support breastfeeding, to provide hospital grade electric
52 pumps and rooming in facilities.
53 * You have the right to have help from someone specially trained in
54 breastfeeding support and expressing breast milk if your baby has
55 special needs.
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1 * You have the right to have a family member or friend receive breast-
2 feeding information from a staff member if you request it.
3 (3) When You Leave The Maternal Health Care Facility:
4 * You have the right to printed breastfeeding information free of
5 commercial material.
6 * You have the right, unless specifically requested by you, and avail-
7 able at the facility, to be discharged from the facility without
8 discharge packs containing infant formula, or formula coupons unless
9 ordered by your baby's health care provider.
10 * You have the right to get information about breastfeeding resources
11 in your community including information on availability of breastfeeding
12 consultants, support groups and breast pumps.
13 * You have the right to have the facility give you information to help
14 choose a medical provider for your baby and understand the importance of
15 a follow-up appointment.
16 * You have the right to receive information about safely collecting
17 and storing your breast milk.
18 * You have the right to breastfeed your baby in any location, public
19 or private, where you are otherwise authorized to be. Complaints can be
20 directed to the New York State Division of Human Rights.
21 * You have a right to breastfeed your baby at your place of employment
22 or child day care center in an environment that does not discourage
23 breastfeeding or the provision of breast milk.
24 All the above are your rights. If the maternal health care facility
25 does not honor these rights you can seek help by contacting the New York
26 state department of health or by contacting the hospital complaint
27 hotline or via email.
28 4. The commissioner shall make regulations reasonably necessary to
29 implement this section.
30 § 2. Section 2505 of the public health law, as added by chapter 479 of
31 the laws of 1980, is amended to read as follows:
32 § 2505. Human breast milk; collection, storage and distribution;
33 general powers of the commissioner. The commissioner is hereby
34 empowered to:
35 (a) adopt regulations and guidelines including, but not limited to
36 donor standards, methods of collection, and standards for storage, and
37 distribution of human breast milk;
38 (b) conduct educational activities to inform the public and health
39 care providers of the availability of human breast milk for infants
40 determined to require such milk and to inform potential donors of the
41 opportunities for proper donation;
42 (c) adopt regulations and guidelines to encourage and facilitate
43 employers and child day care centers to establish environments that do
44 not discourage breastfeeding and the provision of breast milk. Such
45 environments shall include sanitary locations for breastfeeding, refri-
46 gerators, and trained staff to assist in breastfeeding and feeding
47 babies with expressed breast milk;
48 (d) collect and compile data on the prevalence of breastfeeding in the
49 state and the health condition of children fed breast milk in comparison
50 to those who were not; and
51 (e) establish rules and regulations to effectuate the provisions of
52 this section.
53 § 3. Subdivision 2 of section 2515 of the public health law, as added
54 by section 20 of part A of chapter 58 of the laws of 2008, is amended to
55 read as follows:
S. 2374--A 12
1 2. "Services for eligible adolescents" means those services, including
2 but not limited to: vocational and educational counseling, job skills
3 training, family life and parenting education, life skills development,
4 coordination, case management, primary preventive health care, pregnancy
5 and child nutrition counseling for expectant mothers to curb the inci-
6 dence of childhood obesity, family planning, social and recreational
7 programs, child care, outreach and advocacy, follow-up on service utili-
8 zation, crisis intervention, and efforts to stimulate community interest
9 and involvement.
10 § 4. Paragraph (c) of subdivision 2 of section 2515-a of the public
11 health law, as added by section 20 of part A of chapter 58 of the laws
12 of 2008, is amended to read as follows:
13 (c) serve a geographic area where the incidence of infant mortality,
14 low birth weight infants, childhood obesity and the prevalence of low-
15 income families are high and where the availability or accessibility of
16 services for eligible adolescents is low;
17 § 5. Subdivision (b) of section 2522 of the public health law, as
18 amended by chapter 484 of the laws of 2009, is amended and a new subdi-
19 vision (e-1) is added to read as follows:
20 (b) promotion of community awareness of the benefits to the mother and
21 child of preconception health and early and continuous prenatal care;
22 (e-1) health and nutritional education and services for both parents,
23 regarding childhood and adult obesity and asthma, and the prevention or
24 mitigation thereof;
25 § 6. This act shall take effect immediately.
26 PART H
27 Section 1. Section 916 of the education law, as amended by chapter 524
28 of the laws of 2006, is amended to read as follows:
29 § 916. Pupils afflicted with asthma or other potentially life-threat-
30 ening respiratory illnesses. The board of education or trustees of each
31 school district and board of cooperative educational services shall
32 allow pupils who have been diagnosed by a physician or other duly
33 authorized health care provider with a severe or moderately severe asth-
34 matic condition or other potentially life-threatening respiratory
35 illness to carry and use a prescribed inhaler during the school day,
36 with the written permission of a physician or other duly authorized
37 health care provider, and parental consent, based on such physician's or
38 provider's determination that such pupil is subject to sudden asthmatic
39 attacks [severe enough to] that can debilitate such pupil. A record of
40 such permission shall be maintained in the school office. In addition,
41 upon the written request of a parent or person in parental relation, the
42 board of education or trustees of a school district and board of cooper-
43 ative educational services shall allow such pupils to maintain an extra
44 such inhaler in the care and custody of a registered professional nurse
45 or other designated responsible person employed by such district or
46 board of cooperative educational services. Nothing in this section
47 shall require a school district or board of cooperative educational
48 services to retain a school nurse solely for the purpose of taking
49 custody of a spare inhaler, or require that a school nurse be available
50 at all times in a school building for such purpose.
51 § 2. The education law is amended by adding a new section 921 to read
52 as follows:
53 § 921. Use of nebulizer. 1. Every school district and board of cooper-
54 ative educational services in this state may maintain one or more nebu-
S. 2374--A 13
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 § 3. 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 for the implementation of this act on such effective date.
20 PART I
21 Section 1. The real property law is amended by adding a new section
22 235-h to read as follows:
23 § 235-h. Residential rental property smoking policies. Every rental
24 agreement for a dwelling unit, in a multiple dwelling building with
25 twenty or more units, shall include a disclosure of the smoking policy
26 for the premises on which the dwelling unit is located. The disclosure
27 must state whether smoking is prohibited on the premises, allowed on the
28 entire premises or allowed in limited areas on the premises. If the
29 smoking policy allows smoking in limited areas on the premises, the
30 disclosure must identify the areas on the premises where smoking is
31 allowed.
32 § 2. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law.
34 PART J
35 Section 1. The state finance law is amended by adding a new section
36 91-h to read as follows:
37 § 91-h. Obesity and respiratory disease research and education fund.
38 1. There is hereby established in the joint custody of the commissioner
39 of taxation and finance and the comptroller, a special fund to be known
40 as the "obesity and respiratory disease research and education fund".
41 2. Such fund shall consist of all revenue received pursuant to an
42 appropriation thereto, and all other moneys appropriated, credited or
43 transferred thereto from any other fund or source pursuant to law.
44 Nothing in this section shall be deemed to prevent the state from
45 receiving grants, gifts or bequests for the purposes of the fund and
46 depositing them into the fund according to law.
47 3. Monies of the fund shall be expended only for adult and childhood
48 obesity, asthma, chronic bronchitis or other chronic respiratory disease
49 research and educational projects conducted pursuant to sections twen-
50 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-k of
51 the public health law.
S. 2374--A 14
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 K
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 physical activity, nutritional offer-
25 ings, and low calorie and low sugar beverages to lower the incidence of
26 childhood obesity (vi) minimum standards for sanitation, health,
27 infection control, nutrition, buildings and equipment, safety, security
28 procedures, first aid, fire prevention, fire safety, evacuation plans
29 and drills, prevention of child abuse and maltreatment, staff qualifica-
30 tions and training, record keeping, and child behavior management.
31 § 2. Section 390-a of the social services law is amended by adding a
32 new subdivision 6 to read as follows:
33 6. No family day care home, group family day care home, school age
34 child care program or child day care center shall discriminate against
35 any child who is breast fed or who is fed with expressed breast milk.
36 § 3. This act shall take effect on the first of January next succeed-
37 ing the date on which it shall have become a law; provided that, effec-
38 tive immediately, any rules and regulations necessary to implement the
39 provisions of this act on its effective date are authorized and directed
40 to be completed on or before such date.
41 PART L
42 Section 1. Subdivision 1 of section 414 of the education law is
43 amended by adding a new paragraph (l) to read as follows:
44 (l) For bona fide after-school programs operated by a not-for-profit
45 or charitable organization. Such programs shall present some form of
46 educational instruction or academic material, or promote physical educa-
47 tion.
48 § 2. Subdivision 2 of section 414 of the education law, as amended by
49 chapter 513 of the laws of 2005, is amended to read as follows:
50 2. The trustees or board of education shall determine the terms and
51 conditions for such use which may include rental at least in an amount
52 sufficient to cover all resulting expenses for the purposes of para-
S. 2374--A 15
1 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
2 of this section. For the purposes of paragraph (1) of subdivision one of
3 this section, the trustees or board of education may provide that either
4 no fee or a minimal fee be imposed upon the not-for-profit or charitable
5 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c),
6 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not
7 allow the exclusion of any district child solely because said child is
8 not attending a district school or not attending the district school
9 which is sponsoring such use or on which grounds the use is to occur.
10 § 3. Subdivision 27 of section 2590-h of the education law, as amended
11 by chapter 345 of the laws of 2009, is amended to read as follows:
12 27. Promulgate regulations, in conjunction with each community super-
13 intendent, establishing a plan for providing access to school facilities
14 in each community school district, when not in use for school purposes,
15 in accordance with the provisions of section four hundred fourteen of
16 this chapter. Such plan shall set forth a reasonable system of fees not
17 to exceed the actual costs and specify that no part of any fee shall
18 directly or indirectly benefit or be deposited into an account which
19 inures to the benefit of the custodians or custodial engineers.
20 Notwithstanding any other provision of law, rule or regulation to the
21 contrary, such plan may provide that either no fee or a minimal fee
22 shall be charged for the use of school facilities by a not-for-profit or
23 charitable organization. The use of such facilities shall only be for
24 bona fide after-school programs that present some form of educational
25 instruction or academic material, or promote physical education.
26 § 4. Subdivision 27 of section 2590-h of the education law, as amended
27 by chapter 720 of the laws of 1996, is amended to read as follows:
28 27. Develop, in conjunction with each community superintendent, a plan
29 for providing access to school facilities in each community school
30 district, when not in use for school purposes, in accordance with the
31 provisions of section four hundred fourteen of this chapter. Such plan
32 shall set forth a reasonable system of fees not to exceed the actual
33 costs and specify that no part of any fee shall directly or indirectly
34 benefit or be deposited into an account which inures to the benefit of
35 the custodians or custodial engineers. Notwithstanding any other
36 provision of law, rule or regulation to the contrary, such plan may
37 provide that either no fee or a minimal fee shall be charged for the use
38 of school facilities by a not-for-profit or charitable organization. The
39 use of such facilities shall only be for bona fide after-school programs
40 that present some form of educational instruction or academic material,
41 or promote physical education.
42 § 5. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law; provided that the amendments to subdivision
44 27 of section 2590-h of the education law, made by section three of this
45 act, shall be subject to the expiration and reversion of such section,
46 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
47 2009, as amended, when upon such date the provisions of section four of
48 this act shall take effect.
49 PART M
50 Section 1. Section 901 of the education law, as amended by chapter 477
51 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
52 of chapter 58 of the laws of 2006, is amended to read as follows:
53 § 901. School health services to be provided. 1. School health
54 services, as defined in subdivision two of this section, shall be
S. 2374--A 16
1 provided by each school district for all students attending the public
2 schools in this state, except in the city school district of the city of
3 New York, as provided in this article. School health services shall
4 include the services of a registered professional nurse, if one is
5 employed, and shall also include such services as may be rendered as
6 provided in this article in examining students for the existence of
7 disease or disability, or may include services related to examining for
8 childhood obesity based upon the calculation of each student's body mass
9 index and weight status category pursuant to section nine hundred four
10 of this article, and in testing the eyes and ears of such students.
11 2. School health services for the purposes of this article shall mean
12 the several procedures, including, but not limited to, medical examina-
13 tions, dental inspection and/or screening, scoliosis screening, vision
14 screening [and], audiometer tests, and childhood obesity as measured by
15 body mass index and weight status category, designed to determine the
16 health status of the child; to inform parents or other persons in
17 parental relation to the child, pupils and teachers of the individual
18 child's health condition subject to federal and state confidentiality
19 laws; to guide parents, children and teachers in procedures for prevent-
20 ing and correcting defects [and], diseases and childhood obesity condi-
21 tions; to instruct the school personnel in procedures to take in case of
22 accident or illness; to survey and make necessary recommendations
23 concerning the health and safety aspects of school facilities and the
24 provision of health information.
25 § 2. Subdivisions 1, 3 and 4 of section 903 of the education law, as
26 amended by chapter 281 of the laws of 2007, subdivision 1 as separately
27 amended by section 11 of part B of chapter 58 of the laws of 2007 and
28 paragraph a of subdivision 3 as amended by section 28 of part A of chap-
29 ter 58 of the laws of 2008, are amended to read as follows:
30 1. A health certificate shall be furnished by each student in the
31 public schools upon his or her entrance in such schools and upon his or
32 her entry into the grades prescribed by the commissioner in regulations,
33 provided that such regulations shall require such certificates at least
34 twice during the elementary grades and twice in the secondary grades. An
35 examination and health history of any child may be required by the local
36 school authorities at any time in their discretion to promote the educa-
37 tional interests of such child. Each certificate shall be signed by a
38 duly licensed physician, physician assistant, or nurse practitioner, who
39 is authorized by law to practice in this state, and consistent with any
40 applicable written practice agreement, or by a duly licensed physician,
41 physician assistant, or nurse practitioner, who is authorized to prac-
42 tice in the jurisdiction in which the examination was given, provided
43 that the commissioner has determined that such jurisdiction has stand-
44 ards of licensure and practice comparable to those of New York. Each
45 such certificate shall describe the condition of the student when the
46 examination was made, which shall not be more than twelve months prior
47 to the commencement of the school year in which the examination is
48 required, and shall state whether such student is in a fit condition of
49 health to permit his or her attendance at the public schools. The exam-
50 ination may include a diabetes risk analysis and, if necessary, children
51 with risk factors for type 1 diabetes, or risk factors associated with
52 type 2 diabetes such as obesity, a family history of type 2 diabetes, or
53 any other factors consistent with increased risk shall be tested for
54 diabetes. Each such certificate shall also state the student's body mass
55 index (BMI) and weight status category. For purposes of this section,
56 BMI is computed as the weight in kilograms divided by the square of
S. 2374--A 17
1 height in meters or the weight in pounds divided by the square of height
2 in inches multiplied by a conversion factor of 703. Weight status cate-
3 gories for children and adolescents shall be as defined by the commis-
4 sioner of health. In all school districts such physician, physician
5 assistant or nurse practitioner shall determine whether a one-time test
6 for sickle cell anemia is necessary or desirable and he or she shall
7 conduct such a test and the certificate shall state the results.
8 3. a. Within thirty days after the student's entrance in such schools
9 or grades, the health certificate shall be submitted to the principal or
10 his or her designee and shall be filed in the student's cumulative
11 health record. If such student does not present a health certificate as
12 required in this section, unless he or she has been accommodated on
13 religious grounds, the principal or the principal's designee shall cause
14 a notice to be sent to the parents or person in parental relationship to
15 such student that if the required health certificate is not furnished
16 within thirty days from the date of such notice, an examination will be
17 made of such student, as provided in this article. Each school and
18 school district [chosen as part of an appropriate sampling methodology]
19 shall participate in surveys directed by the commissioner of health
20 pursuant to the public health law in relation to students' BMI and
21 weight status categories as reported on the school health certificate
22 and which shall be subject to audit by the commissioner of health. Such
23 surveys shall contain the information required pursuant to subdivision
24 one of this section in relation to students' BMI and weight status cate-
25 gories in aggregate. Parents or other persons in parental relation to a
26 student may refuse to have the student's BMI and weight status category
27 included in such survey. Each school and school district shall provide
28 the commissioner of health with any information, records and reports he
29 or she may require for the purpose of such audit. The BMI and weight
30 status survey and audit as described in this subdivision shall be
31 conducted consistent with confidentiality requirements imposed by feder-
32 al law.
33 b. Within thirty days after the student's entrance in such schools or
34 grades, the dental health certificate, if obtained, shall be filed in
35 the student's cumulative health record.
36 4. Notwithstanding the provisions of subdivisions one, two and three
37 of this section, no examinations for a health certificate or health
38 history shall be required or dental certificate requested, and no
39 screening examinations for sickle cell anemia or childhood obesity shall
40 be required where a student or the parent or person in parental relation
41 to such student objects thereto on the grounds that such examinations or
42 health history conflict with their genuine and sincere religious
43 beliefs.
44 § 3. Subdivision 1 of section 904 of the education law, as amended by
45 section 12 of part B of chapter 58 of the laws of 2007, is amended to
46 read as follows:
47 1. Each principal of a public school, or his or her designee, shall
48 report to the director of school health services having jurisdiction
49 over such school, the names of all students who have not furnished
50 health certificates as provided in section nine hundred three of this
51 article, or who are children with disabilities, as defined by article
52 eighty-nine of this chapter, and the director of school health services
53 shall cause such students to be separately and carefully examined and
54 tested to ascertain whether any student has defective sight or hearing,
55 or any other physical disability which may tend to prevent him or her
56 from receiving the full benefit of school work, or from requiring a
S. 2374--A 18
1 modification of such work to prevent injury to the student or from
2 receiving the best educational results. Each examination shall also
3 include a calculation of the student's body mass index (BMI) and weight
4 status category. For purposes of this section, BMI is computed as the
5 weight in kilograms divided by the square of height in meters or the
6 weight in pounds divided by the square of height in inches multiplied by
7 a conversion factor of 703. Weight status categories for children and
8 adolescents shall be as defined by the commissioner of health. In all
9 school districts, such physician, physician assistant or nurse practi-
10 tioner shall determine whether a one-time test for sickle cell anemia is
11 necessary or desirable and he or she shall conduct such tests and the
12 certificate shall state the results. If it should be ascertained, upon
13 such test or examination, that any of such students have defective sight
14 or hearing[,] or other physical disability, including sickle cell
15 anemia, as above described, or are obese, the principal or his or her
16 designee shall notify the parents of, or other persons in parental
17 relation to, the child as to the existence of such disability. If the
18 parents or other persons in parental relation are unable or unwilling to
19 provide the necessary relief and treatment for such students, such fact
20 shall be reported by the principal or his or her designee to the direc-
21 tor of school health services, whose duty it shall be to provide relief
22 for such students. Each school and school district [chosen as part of an
23 appropriate sampling methodology] shall participate in surveys directed
24 by the commissioner of health pursuant to the public health law in
25 relation to students' BMI and weight status categories as determined by
26 the examination conducted pursuant to this section and which shall be
27 subject to audit by the commissioner of health. Such surveys shall
28 contain the information required pursuant to this subdivision in
29 relation to students' BMI and weight status categories in aggregate.
30 [Parents or other persons in parental relation to a student may refuse
31 to have the student's BMI and weight status category included in such
32 survey.] Each school and school district shall provide the commissioner
33 of health with any information, records and reports he or she may
34 require for the purpose of such audit. The BMI and weight status survey
35 and audit as described in this section shall be conducted consistent
36 with confidentiality requirements imposed by federal law. [Data
37 collection for such surveys shall commence on a voluntary basis at the
38 beginning of the two thousand seven academic school year, and by all
39 schools chosen as part of the sampling methodology at the beginning of
40 the two thousand eight academic school year.] The department shall also
41 utilize the collected data to develop a report of child obesity and
42 obesity related diseases.
43 § 4. Section 912 of the education law, as amended by chapter 477 of
44 the laws of 2004, is amended to read as follows:
45 § 912. Health and welfare services to all children. The voters and/or
46 trustees or board of education of every school district shall, upon
47 request of the authorities of a school other than public, provide resi-
48 dent children who attend such school with any or all of the health and
49 welfare services and facilities which are made available by such voters
50 and/or trustees or board of education to or for children attending the
51 public schools of the district. Such services may include, but are not
52 limited to all services performed by a physician, physician assistant,
53 dentist, dental hygienist, registered professional nurse, nurse practi-
54 tioner, school psychologist, school social worker or school speech ther-
55 apist, and may also include dental prophylaxis, vision and hearing
56 screening examinations, childhood obesity screening, the taking of
S. 2374--A 19
1 medical histories and the administration of health screening tests, the
2 maintenance of cumulative health records and the administration of emer-
3 gency care programs for ill or injured students. Any such services or
4 facilities shall be so provided notwithstanding any provision of any
5 charter or other provision of law inconsistent herewith. Where children
6 residing in one school district attend a school other than public
7 located in another school district, the school authorities of the
8 district of residence shall contract with the school authorities of the
9 district where such nonpublic school is located, for the provision of
10 such health and welfare services and facilities to such children by the
11 school district where such nonpublic school is located, for a consider-
12 ation to be agreed upon between the school authorities of such
13 districts, subject to the approval of the qualified voters of the
14 district of residence when required under the provisions of this chap-
15 ter. Every such contract shall be in writing and in the form prescribed
16 by the commissioner, and before such contract is executed the same shall
17 be submitted for approval to the superintendent of schools having juris-
18 diction over such district of residence and such contract shall not
19 become effective until approved by such superintendent.
20 § 5. Subdivisions 4 and 5 of section 918 of the education law, as
21 added by chapter 493 of the laws of 2004, are amended to read as
22 follows:
23 4. The committee is encouraged to study and make recommendations on
24 all facets of the current nutritional policies of the district includ-
25 ing, but not limited to, the goals of the district to promote health and
26 proper nutrition, reduce the incidence of childhood obesity, vending
27 machine sales, menu criteria, educational curriculum teaching healthy
28 nutrition, and educational information provided to parents or guardians
29 regarding healthy nutrition and the health risks associated with obesi-
30 ty, asthma, chronic bronchitis and other chronic respiratory diseases.
31 Provided, further, the committee may provide information to persons in
32 parental relation on opportunities offered to parents or guardians to
33 encourage healthier eating habits to students, and the education
34 provided to teachers and other staff as to the importance of healthy
35 nutrition and about the dangers of childhood obesity. In addition the
36 committee shall consider recommendations and practices of other
37 districts and nutrition studies.
38 5. The committee is encouraged to report periodically to the district
39 regarding practices that will educate teachers, parents or guardians and
40 children about healthy nutrition and raise awareness of the dangers of
41 childhood obesity, asthma, chronic bronchitis and other chronic respir-
42 atory diseases. The committee is encouraged also to provide any parent
43 teacher associations in the district with such findings and recommenda-
44 tions.
45 § 6. This act shall take effect two years after it shall have become a
46 law.
47 PART N
48 Section 1. Subdivision 5 of section 2556 of the education law, such
49 section as renumbered by chapter 762 of the laws of 1950, is amended to
50 read as follows:
51 5. It shall be unlawful for a schoolhouse to be constructed in the
52 city of New York without an open-air playground attached to or used in
53 connection with the same. Existing playgrounds shall not be sold,
54 leased or transferred, or permanently authorized for other uses such as
S. 2374--A 20
1 school building construction, renovation, placement or storage of build-
2 ing materials for such work that would eliminate the use of such play-
3 ground space for outdoor recreational activities unless a plan is estab-
4 lished and implemented to provide suitable and adequate physical
5 activities or space to accommodate the physical and recreational needs
6 of the pupils of such building. The provisions of this subdivision
7 shall not apply to school construction or renovation activities that
8 occur on or require the use of such playgrounds for a duration of no
9 more than one year.
10 § 2. This act shall take effect July 1, 2015; provided however, that
11 the commissioner of education is authorized and directed to promulgate
12 any rules or regulations necessary for the timely implementation of this
13 act on or before such date.
14 PART O
15 Section 1. Subdivisions 1 and 5 of section 803 of the education law,
16 as amended by chapter 118 of the laws of 1957, are amended to read as
17 follows:
18 1. All pupils above the age of eight years in all elementary and
19 secondary schools, shall receive as part of the prescribed courses of
20 instruction therein such physical education under the direction of the
21 commissioner of education as the regents may determine. Such courses
22 shall be designed to aid in the well-rounded education of pupils and in
23 the development of character, citizenship, overall physical fitness,
24 good health [and], the worthy use of leisure and the reduction in the
25 incidence of childhood obesity. Pupils above such age attending the
26 public schools shall be required to attend upon such prescribed courses
27 of instruction.
28 5. (a) It shall be the duty of the regents to adopt rules determining
29 the subjects to be included in courses of physical education provided
30 for in this section, the period of instruction in each of such courses,
31 the qualifications of teachers, and the attendance upon such courses of
32 instruction.
33 (b) Notwithstanding any other provision of this section, the regents
34 may provide in its rules that the physical education instruction
35 requirement for all students enrolled in elementary and secondary school
36 grades shall, where feasible, include daily physical exercise or activ-
37 ity, including students with disabling conditions and those in alterna-
38 tive education programs. The regents may include in its rules that
39 students enrolled in such elementary and secondary schools shall partic-
40 ipate in physical education, exercise or activity for a minimum of one
41 hundred twenty minutes during each school week. The regents may provide
42 for a two-year phase-in schedule for daily physical education in elemen-
43 tary schools in its rules.
44 § 2. The section heading and subdivision 1 of section 804 of the
45 education law, the section heading as amended by chapter 401 of the laws
46 of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
47 are amended and a new subdivision 3-b is added to read as follows:
48 Health education regarding alcohol, drugs, tobacco abuse, the
49 reduction in the incidence of obesity, and the prevention and detection
50 of certain cancers. 1. All schools shall include, as an integral part of
51 health, science, or physical education, instruction so as to discourage
52 the misuse and abuse of alcohol, tobacco[,] and other drugs, to reduce
53 the incidence of obesity, and promote attitudes and behavior that
54 enhance health, well being, and human dignity.
S. 2374--A 21
1 3-b. Instruction regarding the long term health risks associated with
2 obesity and methods of preventing and reducing the incidence of obesity,
3 including good nutrition and regular exercise. Such instruction may be
4 an integral part of required health, science, or physical education
5 courses.
6 § 3. Subdivision 1 of section 804-a of the education law, as added by
7 chapter 730 of the laws of 1986, is amended to read as follows:
8 1. Within the amounts appropriated, the commissioner is hereby
9 authorized to establish a demonstration program and to distribute state
10 funds to local school districts, boards of cooperative educational
11 services and in certain instances community school districts, for the
12 development, implementation, evaluation, validation, demonstration and
13 replication of exemplary comprehensive health education programs to
14 assist the public schools in developing curricula, training staff, and
15 addressing local health education needs of students, parents, and staff.
16 Such programs shall serve the purpose of developing and enhancing
17 pupils' health knowledge, skills, attitudes and behaviors, which is
18 fundamental to improving their health status and academic performance,
19 as well as reducing the incidence of adolescent pregnancy, alcohol
20 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth-
21 ma, other chronic respiratory diseases, and other problems of childhood
22 and adolescence.
23 § 4. Section 813 of the education law, as added by chapter 296 of the
24 laws of 1994, is amended to read as follows:
25 § 813. School lunch period; scheduling. Each school shall schedule a
26 reasonable time during each school day for each full day pupil attending
27 pre-kindergarten through grade twelve with ample time to consume lunch
28 and to engage in physical exercise or recreation.
29 § 5. This act shall take effect immediately.
30 PART P
31 Section 1. Section 11 of the public buildings law, as added by chapter
32 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of
33 the laws of 1988, is amended to read as follows:
34 § 11. Pilot program of bicycle parking facilities. 1. Legislative
35 finding. In recognition of the role which bicycles can serve as a valu-
36 able transportation mode with energy conservation, health, physical
37 fitness and environmental benefits, it is hereby declared to be the
38 policy of the state that provision for adequate and safe bicycle facili-
39 ties including the use of present facilities for safe and secure bicycle
40 parking and storage be included in the planning [and], development,
41 construction or reconstruction of all state facilities.
42 2. (a) The commissioner of general services shall undertake a [pilot]
43 program for the provision and promotion of safe and secure bicycle park-
44 ing facilities at state office buildings for state employees and visi-
45 tors at such buildings. The commissioner[, within one year of the enact-
46 ment of this section,] of general services shall provide, at the
47 principal office buildings under his or her superintendence at the
48 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure
49 bicycle parking facilities for use by employees and visitors. Provided,
50 further, that the commissioner of general services shall make an inven-
51 tory of all existing bicycle parking and storage facilities at all state
52 office buildings and office buildings in which the state leases or occu-
53 pies space. Such inventory shall be made only of state owned or leased
54 buildings or offices which have over fifty state employees located at
S. 2374--A 22
1 such site or in which the visitation rate by the general public is over
2 five hundred visitors, on average, each month. Such inventory of bicycle
3 parking and storage facilities shall be completed within two years of
4 the effective date of the chapter of the laws of two thousand fourteen
5 which amended this section.
6 (b) The commissioner of general services is also authorized, within a
7 reasonable period and where feasible, to provide suitable support facil-
8 ities including clothing lockers, showers and changing facilities, and
9 to charge a reasonable use fee.
10 (c) For the purpose of this section, the term "bicycle parking facili-
11 ty" means a device or enclosure, located within a building or installa-
12 tion, or conveniently adjacent thereto, that is easily accessible,
13 clearly visible and so located as to minimize the danger of theft of
14 bicycles. Such a device shall consist of a parking rack, locker, or
15 other device constructed to enable the frame and both wheels of a bicy-
16 cle to be secured with ease by use of a padlock in a manner that will
17 minimize the risk of theft, or an enclosure which limits access to the
18 bicycles and is under observation by an attendant.
19 3. Upon completion of a state office building bicycle parking and
20 storage facilities inventory provided for in paragraph (a) of subdivi-
21 sion two of this section, the commissioner of general services shall
22 develop a plan to expand bicycle parking and storage facilities to
23 encourage the use of such facilities by state employees and the general
24 public that patronize such facilities to conduct public business. Such
25 plan shall be completed within eighteen months after finalization of the
26 parking and storage facilities inventory. Such plan shall contain and
27 address the following elements to encourage state employees and the
28 general public to use bicycles more frequently at each state office
29 building facility or leased premise:
30 (a) The inventory of bicycle parking and storage facilities shall be
31 ranked from highest to lowest based on the existing unfulfilled demand
32 for such facilities at state office buildings. Such ranking shall also
33 consider increased future demand or the potential for increased future
34 demand of such parking and storage facilities;
35 (b) In urban settings, there shall be a plan to develop an ample
36 supply of secure covered and uncovered off-street bicycle parking and
37 storage or alternate indoor parking or storage for such bicycles;
38 (c) Adequate posting of such bicycle parking and storage facilities
39 shall be provided for and placed around such state office building
40 facility to encourage utilization of such parking and storage facilities
41 by state employees and the general public;
42 (d) A marketing plan and community outreach effort shall provide for
43 the dissemination of information to state employees, visitors to state
44 office buildings, and to the general public to encourage individuals to
45 use bicycles when traveling to such buildings or facilities; and
46 (e) The commissioner of general services shall include and address any
47 other element in the plan as he or she deems appropriate.
48 4. In undertaking such [pilot] program, the office of general services
49 shall: (a) Consult with and cooperate with (i) [the statewide bicycle
50 advisory council, (ii)] the [New York state] department of transporta-
51 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning
52 groups[,]; and [(iv)] (iii) persons, organizations, and groups served
53 by, interested in, or concerned with the area under study.
54 (b) Request and receive from any department, division, board, bureau,
55 commission or other agency of the state or any political subdivision
56 thereof or any public authority, any assistance and data as may be
S. 2374--A 23
1 necessary to enable the office of general services to carry out its
2 responsibilities under this section.
3 [(c) On or before the first day of January, nineteen hundred eighty-
4 nine, a report shall be submitted to the governor and the legislature
5 which shall include a determination of usage levels, a statement outlin-
6 ing first year progress and the elements of a statewide plan for the
7 provision of such facilities.]
8 5. Nothing in this section shall be construed to require the state or
9 the owner, lessee, manager or other person who is in control of a build-
10 ing governed by this section to provide space for stored bicycles at
11 such building or brought into such building or to permit a bicycle to be
12 parked in a manner that violates building or fire codes or any other
13 applicable law, rule or code, or which otherwise impedes ingress or
14 egress to such building.
15 6. There is hereby established a temporary bicycle commuting task
16 force to examine the development of sheltered bicycle parking in public
17 spaces.
18 (a) Such task force shall be comprised of nine members, including the
19 commissioner of general services, the commissioner of transportation,
20 the commissioner of motor vehicles, the commissioner of buildings of the
21 city of New York and the commissioner of parks and recreation or a
22 designee of any such commissioners. The remaining four members shall
23 consist of a group of municipal planners, bicycle association represen-
24 tatives, building contractors and engineers. They shall be appointed as
25 follows: one member shall be appointed by the temporary president of the
26 senate; one member shall be appointed by the minority leader of the
27 senate; one member shall be appointed by the speaker of the assembly;
28 and one member shall be appointed by the minority leader of the assem-
29 bly.
30 (b) The chair of the temporary bicycle commuting task force shall be
31 the commissioner of general services. Members of the temporary bicycle
32 commuting task force shall serve without compensation and shall meet
33 when deemed necessary by the chair.
34 (c) Within eighteen months of the temporary bicycle commuting task
35 force's establishment, such task force shall issue a report to the
36 governor and the legislature. Such report shall include, but not be
37 limited to (i) an assessment of the demand for sheltered bicycle parking
38 in public spaces; (ii) an examination of the marketing and community
39 outreach efforts needed to encourage the use of bicycles; (iii) recom-
40 mendations on establishing partnerships with entities to develop shel-
41 tered bicycle storage and parking facilities in public spaces; and (iv)
42 suggestions on expanding the office of general services to local munici-
43 pal and private office buildings. Such report shall be posted on the
44 website of each state agency that was a member of such task force within
45 twenty days from its submission to the governor. The temporary bicycle
46 commuting task force shall cease to exist three months after the issu-
47 ance of its report.
48 § 2. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law.
50 PART Q
51 Section 1. Section 16 of the agriculture and markets law is amended by
52 adding a new subdivision 5-c to read as follows:
53 5-c. Cooperate with the commissioner of education, pursuant to subdi-
54 vision thirty-two of section three hundred five of the education law, to
S. 2374--A 24
1 develop guidelines for the voluntary implementation by school districts
2 and institutions of higher education, as defined in subdivision eight of
3 section two of the education law, of programs which encourage the
4 donation of excess, unused, edible food from meals served at such educa-
5 tional facilities to local voluntary food assistance programs.
6 § 2. Section 305 of the education law is amended by adding a new
7 subdivision 32 to read as follows:
8 32. The commissioner, in consultation and cooperation with the commis-
9 sioner of agriculture and markets, shall develop voluntary guidelines to
10 encourage and facilitate the ability of school districts and insti-
11 tutions of higher education to donate excess, unused, edible food from
12 meals served at such educational facilities to local voluntary food
13 assistance programs including, but not limited to, community food
14 pantries, soup kitchens, and other community and not-for-profit organ-
15 izations that distribute food to the poor and disadvantaged.
16 Such guidelines may include, but need not be limited to:
17 a. a methodology to provide information to educational institutions
18 and local voluntary food assistance programs of the provisions of such
19 guidelines;
20 b. a means by which educational institutions are provided with the
21 names and addresses of all nearby local voluntary food assistance
22 programs;
23 c. a means by which local voluntary food assistance programs are
24 provided with the names and addresses of nearby educational institutions
25 which serve meals upon their premises;
26 d. notification to educational institutions of their ability to elect
27 to donate excess, unused, edible food to local voluntary food assistance
28 programs; and
29 e. the provision of information and technical assistance on the manner
30 of how to best donate excess food in a safe and sanitary manner.
31 The commissioner shall coordinate the implementation of such guide-
32 lines with the farm-to-school program and the New York Harvest For New
33 York Kids Week program established pursuant to subdivision five-b of
34 section sixteen of the agriculture and markets law.
35 § 3. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law.
37 PART R
38 Section 1. Section 3231 of the insurance law, as added by chapter 501
39 of the laws of 1992, is amended by adding a new subsection (c-1) to read
40 as follows:
41 (c-1) Subject to the approval of the superintendent, an insurer or
42 health maintenance organization issuing an individual or group health
43 insurance policy pursuant to this section may provide for an actuarially
44 appropriate reduction in premium rates or other benefits or enhancements
45 approved by the superintendent to encourage an enrollee's or insured's
46 active participation in a qualified wellness program. A qualified well-
47 ness program can be a risk management system that identifies at-risk
48 populations or any other systematic program or course of medical conduct
49 which helps to promote physical and mental fitness, health and well-be-
50 ing, helps to prevent or mitigate the conditions of acute or chronic
51 sickness, disease or pain, or which minimizes adverse health conse-
52 quences due to lifestyle. Such a wellness program may have some or all
53 of the following elements to advance the physical health and mental
54 well-being of its participants:
S. 2374--A 25
1 (1) an education program to increase the awareness of and dissem-
2 ination of information about pursuing healthier lifestyles, and which
3 warns about risks of pursuing environmental or behavioral activities
4 that are detrimental to human health. In addition, information on the
5 availability of health screening tests to assist in the early identifi-
6 cation and treatment of diseases such as cancer, heart disease, hyper-
7 tension, diabetes, asthma, obesity or other adverse health afflictions;
8 (2) a program that encourages behavioral practices that either encour-
9 ages healthy living activities or discourages unhealthy living activ-
10 ities. Such activities or practices may include wellness programs, as
11 provided under section three thousand two hundred thirty-nine of this
12 article; and
13 (3) the monitoring of the progress of each covered person to track his
14 or her adherence to such wellness program and to provide assistance and
15 moral support to such covered person to assist him or her to attain the
16 goals of the covered person's wellness program.
17 Such wellness program shall demonstrate actuarially that it encourages
18 the general good health and well-being of the covered population. The
19 insurer or health maintenance organization shall not require specific
20 outcomes as a result of an enrollee's or insured's adherence to the
21 approved wellness program.
22 § 2. Subsections (b) and (c) of section 3239 of the insurance law, as
23 added by chapter 592 of the laws of 2008, paragraphs 6 and 7 of
24 subsection (b) and subparagraphs (C) and (D) of paragraph 2 of
25 subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
26 agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
27 519 of the laws of 2013, are amended to read as follows:
28 (b) A wellness program may include, but is not limited to, the follow-
29 ing programs or services:
30 (1) the use of a health risk assessment tool;
31 (2) a smoking cessation program;
32 (3) a weight management program;
33 (4) a stress and/or hypertension management program;
34 (5) a worker injury prevention program;
35 (6) a nutrition education program;
36 (7) health or fitness incentive programs; [and]
37 (8) a coordinated weight management, nutrition, stress management and
38 physical fitness program to combat the high incidence of adult and
39 childhood obesity, asthma and other chronic respiratory conditions[.];
40 (9) a substance or alcohol abuse cessation program; and
41 (10) a program to manage and cope with chronic pain.
42 (c)(1) A wellness program may use rewards and incentives for partic-
43 ipation provided that where the group health insurance policy or
44 subscriber contract is required to be community-rated, the rewards and
45 incentives shall not include a discounted premium rate or a rebate or
46 refund of premium, except as provided in section three thousand two
47 hundred thirty-one of this article, or section four thousand two hundred
48 thirty-five, four thousand three hundred seventeen or four thousand
49 three hundred twenty-six of this chapter, or section forty-four hundred
50 five of the public health law.
51 (2) Permissible rewards and incentives may include:
52 (A) full or partial reimbursement of the cost of participating in
53 smoking cessation [or], weight management, stress and/or hypertension,
54 worker injury prevention, nutrition education, substance or alcohol
55 abuse cessation, or chronic pain management and coping programs;
S. 2374--A 26
1 (B) full or partial reimbursement of the cost of membership in a
2 health club or fitness center;
3 (C) the waiver or reduction of copayments, coinsurance and deductibles
4 for preventive services covered under the group policy or subscriber
5 contract;
6 (D) monetary rewards in the form of gift cards or gift certificates,
7 so long as the recipient of the reward is encouraged to use the reward
8 for a product or a service that promotes good health, such as healthy
9 cook books, over the counter vitamins or exercise equipment;
10 (E) full or partial reimbursement of the cost of participating in a
11 stress management program or activity; and
12 (F) full or partial reimbursement of the cost of participating in a
13 health or fitness program.
14 (3) Where the reward involves a group member's meeting a specified
15 standard based on a health condition, the wellness program must meet the
16 requirements of 45 CFR Part 146.
17 (4) A reward or incentive which involves a discounted premium rate or
18 a rebate or refund of premium shall be based on actuarial demonstration
19 that the wellness program can reasonably be expected to result in the
20 overall good health and well being of the group as provided in section
21 three thousand two hundred thirty-one of this article, sections four
22 thousand two hundred thirty-five, four thousand three hundred seventeen
23 and four thousand three hundred twenty-six of this chapter, and section
24 forty-four hundred five of the public health law.
25 § 3. Subsection (h) of section 4235 of the insurance law is amended by
26 adding a new paragraph 5 to read as follows:
27 (5) Each insurer doing business in this state, when filing with the
28 superintendent its schedules of premium rates, rules and classification
29 of risks for use in connection with the issuance of its policies of
30 group accident, group health or group accident and health insurance, may
31 provide for an actuarially appropriate reduction in premium rates or
32 other benefits or enhancements approved by the superintendent to encour-
33 age an enrollee's or insured's active participation in a qualified well-
34 ness program. A qualified wellness program can be a risk management
35 system that identifies at-risk populations or any other systematic
36 program or course of medical conduct which helps to promote physical and
37 mental fitness, health and well-being, helps to prevent or mitigate the
38 conditions of acute or chronic sickness, disease or pain, or which mini-
39 mizes adverse health consequences due to lifestyle. Such a wellness
40 program may have some or all of the following elements to advance the
41 physical health and mental well-being of its participants:
42 (A) 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 (B) 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 chapter; and
54 (C) the monitoring of the progress of each covered person to track his
55 or her adherence to such wellness program and to provide assistance and
S. 2374--A 27
1 moral support to such covered person to assist him or her to attain the
2 goals of the covered person's wellness program.
3 Such wellness program shall demonstrate actuarially that it encourages
4 the general good health and well-being of the covered population. The
5 insurer or health maintenance organization shall not require specific
6 outcomes as a result of an enrollee's or insured's adherence to the
7 approved wellness program.
8 § 4. Section 4317 of the insurance law is amended by adding a new
9 subsection (c-1) to read as follows:
10 (c-1) Subject to the approval of the superintendent, an insurer or
11 health maintenance organization issuing an individual or group health
12 insurance contract pursuant to this section may provide for an actuari-
13 ally appropriate reduction in premium rates or other benefits or
14 enhancements approved by the superintendent to encourage an enrollee's
15 or insured's active participation in a qualified wellness program. A
16 qualified wellness program can be a risk management system that identi-
17 fies at-risk populations or any other systematic program or course of
18 medical conduct which helps to promote physical and mental fitness,
19 health and well-being, helps to prevent or mitigate the conditions of
20 acute or chronic sickness, disease or pain, or which minimizes adverse
21 health consequences due to lifestyle. Such a wellness program may have
22 some or all of the following elements to advance the physical health and
23 mental well-being of its participants:
24 (1) an education program to increase the awareness of and dissem-
25 ination of information about pursuing healthier lifestyles, and which
26 warns about risks of pursuing environmental or behavioral activities
27 that are detrimental to human health. In addition, information on the
28 availability of health screening tests to assist in the early identifi-
29 cation and treatment of diseases such as cancer, heart disease, hyper-
30 tension, diabetes, asthma, obesity or other adverse health afflictions;
31 (2) a program that encourages behavioral practices that either encour-
32 ages healthy living activities or discourages unhealthy living activ-
33 ities. Such activities or practices may include wellness programs, as
34 provided under section three thousand two hundred thirty-nine of this
35 chapter; and
36 (3) the monitoring of the progress of each covered person to track his
37 or her adherence to such wellness program and to provide assistance and
38 moral support to such covered person to assist him or her to attain the
39 goals of the covered person's wellness program.
40 Such wellness program shall demonstrate actuarially that it encourages
41 the general good health and well-being of the covered population. The
42 insurer or health maintenance organization shall not require specific
43 outcomes as a result of an enrollee's or insured's adherence to the
44 approved wellness program.
45 § 5. Subsection (m) of section 4326 of the insurance law is amended by
46 adding a new paragraph 4 to read as follows:
47 (4) approval of the superintendent, an insurer or health maintenance
48 organization issuing a contract for qualifying small employers or indi-
49 viduals pursuant to this section may provide for an actuarially appro-
50 priate reduction in premium rates or other benefits or enhancements
51 approved by the superintendent to encourage an enrollee's or insured's
52 active participation in a qualified wellness program. A qualified well-
53 ness program can be a risk management system that identifies at-risk
54 populations or any other systematic program or course of medical conduct
55 which helps to promote physical and mental fitness, health and well-be-
56 ing, helps to prevent or mitigate the conditions of acute or chronic
S. 2374--A 28
1 sickness, disease or pain, or which minimizes adverse health conse-
2 quences due to lifestyle. Such a wellness program may have some or all
3 of the following elements to advance the physical health and mental
4 well-being of its participants:
5 (1) an education program to increase the awareness of and dissem-
6 ination of information about pursuing healthier lifestyles, and which
7 warns about risks of pursuing environmental or behavioral activities
8 that are detrimental to human health. In addition, information on the
9 availability of health screening tests to assist in the early identifi-
10 cation and treatment of diseases such as cancer, heart disease, hyper-
11 tension, diabetes, asthma, obesity or other adverse health afflictions;
12 (2) a program that encourages behavioral practices that either encour-
13 ages healthy living activities or discourages unhealthy living activ-
14 ities. Such activities or practices may include wellness programs, as
15 provided under section three thousand two hundred thirty-nine of this
16 chapter; and
17 (3) the monitoring of the progress of each covered person to track his
18 or her adherence to such wellness program and to provide assistance and
19 moral support to such covered person to assist him or her to attain the
20 goals of the covered person's wellness program.
21 Such wellness program shall demonstrate actuarially that it encourages
22 the general good health and well-being of the covered population. The
23 insurer or health maintenance organization shall not require specific
24 outcomes as a result of an enrollee's or insured's adherence to the
25 approved wellness program.
26 § 6. Section 4405 of the public health law is amended by adding a new
27 subdivision 5-a to read as follows:
28 5-a. subject to the approval of the superintendent of financial
29 services, the possible providing of an actuarially appropriate reduction
30 in premium rates or other benefits or enhancements approved by the
31 superintendent of financial services to encourage an enrollee's active
32 participation in a qualified wellness program. A qualified wellness
33 program can be a risk management system that identifies at-risk popu-
34 lations or any other systematic program or course of medical conduct
35 which helps to promote physical and mental fitness, health and well-be-
36 ing, helps to prevent or mitigate the conditions of acute or chronic
37 sickness, disease or pain, or which minimizes adverse health conse-
38 quences due to lifestyle. Such a wellness program may have some or all
39 of the following elements to advance the physical health and mental
40 well-being of its participants:
41 (1) an education program to increase the awareness of and dissem-
42 ination of information about pursuing healthier lifestyles, and which
43 warns about risks of pursuing environmental or behavioral activities
44 that are detrimental to human health. In addition, information on the
45 availability of health screening tests to assist in the early identifi-
46 cation and treatment of diseases such as cancer, heart disease, hyper-
47 tension, diabetes, asthma, obesity or other adverse health afflictions;
48 (2) a program that encourages behavioral practices that either encour-
49 ages healthy living activities or discourages unhealthy living activ-
50 ities. Such activities or practices may include wellness programs, as
51 provided under section three thousand two hundred thirty-nine of the
52 insurance law; and
53 (3) the monitoring of the progress of each covered person to track his
54 or her adherence to such wellness program and to provide assistance and
55 moral support to such covered person to assist him or her to attain the
56 goals of the covered person's wellness program.
S. 2374--A 29
1 Such wellness program shall demonstrate actuarially that it encourages
2 the general good health and well-being of the covered population. The
3 health maintenance organization shall not require specific outcomes as a
4 result of an enrollee's adherence to the approved wellness program;
5 § 7. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law; provided that, effective immediately any
7 rules and regulations necessary to implement the provisions of this act
8 on its effective date are authorized and directed to be added, amended
9 and/or repealed on or before such date.
10 § 3. Severability clause. If any clause, sentence, paragraph, subdi-
11 vision, section or part of this act shall be adjudged by any court of
12 competent jurisdiction to be invalid, such judgment shall not affect,
13 impair, or invalidate the remainder thereof, but shall be confined in
14 its operation to the clause, sentence, paragraph, subdivision, section
15 or part thereof directly involved in the controversy in which such judg-
16 ment shall have been rendered. It is hereby declared to be the intent of
17 the legislature that this act would have been enacted even if such
18 invalid provisions had not been included herein.
19 § 4. This act shall take effect immediately provided, however, that
20 the applicable effective date of Parts A through R of this act shall be
21 as specifically set forth in the last section of such Parts.